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PRIVATE  AND  SPECIAL. 


STATUTES 


COMMONWEALTH  OF  MASSACHUSETTS. 

FROM  FEBRUARY  1806  TO  FEBRUARY  1814. 


REVISED  AND  PUBLISHED,  BY 


AUTHORITY  OF  THE  LEGISLATURE, 


IN  CONFORMITY  WITH  A  RESOLUTION,  PASSI^D 


22d  FEBRUARY  1822. 


\ 


VOL.  IV. 

BOSTON  : 

PUBLISHED  BY  WELLS  AND  LILLY. 

"i'823. 


Stafe  Library  cf  M^.ssachusetls 

Stofo  HoLrs,  Boslon 


imotitt* 


JL  HE  publication  of  this  and  a  succeeding  volume,  being  the 
fourth  and  fifth  of  the  series  of  Special  Laws,  completes  the 
execution  of  the  powers  given  to  the  subscribers,  under  the 
resolve  of  22d  February  1822.  They  terminate-  with  the 
acts  of  that  session,  it  being  the  same  period  to  which  the 
General  Laws  were  brought  down,  and  the  completion  of  a 
volume,  in  the  order  of  publication  now  in  use.  The  acts 
since  passed,  compose  part  of  a  new  volume,  and  at  present, 
are  easily  obtained  and  consulted.  The  same  general  plan 
has  been  pursued  in  the  arrangement  of  these  volumes,  as 
in  that  of  the  General  Laws,  where  it  was  applicable.  All 
acts  repealed,  and  those  which  have  expired  by  any  limita-!- 
tion,  express  or  constructive,  have  been  omitted,  except  some 
few,  under  which  titles  to  real  estate  have  been  acquired. 
All  acts  merely  local,  relating  to  Maine,  have  also  been  omit- 
ted. 

In  preparing  the  index,  it  has  been  thought  most  advis- 
able to  insert  in  each  volume,  an  index  to  the  matter  of 
that  volume  only,  with  the  view  pf  preserving  a  uniform  me- 
thod, should  the  series  hereafter  be  continued.  The  refe- 
rences to  the  special  laws  are  comparatively  so  few  and  easi- 
ly traced,  that  it  can  hardly  be  thought  necessary  to  re- 
peat in  each  volume,  the  index  to  all  the  preceding  volumes. 

The  acts  contained  in  these  volumes,  have  been  carefully 
compared  with  those  printed  by  order  of  the  Legislature,  as 
then  examined  and  certified  by  the  Secretary,  without  being 


iv  NOTICE. 

again  compared  generally  with  the  original  roll§.  But  in  all 
cases,  where  any  ambiguity,  defect  or  other  error  was  apparent 
or  suspected,  reference  was  had  to  the  original  rolls;  and 
in  a  few  instances,  errors  have  thus  been  discovered  and 
corrected.  Every  facility  has  been  afforded  by  the  Secreta- 
ry in  these  examinations. 

The  commissioners  respectfully  submit  these  volumes  to 
the  Legislature,  Avith  the  assurance  that  in  these  and  the  Ge- 
neral Laws,  they  have  endeavoured  faithfully  and  to  the  best 
of  their  ability,  to  execute  the  plan  prescribed  by  the  resolve, 
under  Avhich  they  have  acted,  and  with  an  earnest  hope,  that 
they  will  be  found  to  satisfy  the  reasonable  expectations  of 
the  Legislature  and  the  public. 

A.  STEARNS. 
LEMUEL  SHAW. 

November,  1823, 


PRIVATE  AND  SPECIAL 

OF 


An  Act  to  enable  the  members  of  the  Board  of  Health  in  the  town  of  Boston,  and   Chap*  $?• 
the  clerks  in  the  several  wards  in  said  town,  to  perform  their  official  duties,  in  ifog  ^j,    \q^ 
the  wards  established  in  thevearofour  Lord  one  thousand  eight  hundred  and   /y  2    n   307^ 
five.  "  ^        •  *'••'""■' 

13  E  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
■^-^  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  members  of  the  Board  of  Health  in  the  town  of  Bos- 
ton, and  the  several  clerks  of  the  respective  wards  in  said 
town,  chosen  according  to  the  division  of  wards  which  had 
been  established  in  the  year  of  our  Lord,  one  thousand  seven 
hundred  and  thirty-five,  be,  and  they  hereby  are  required  to 
do  their  official  duties,  within  the  wards  as  established  by  said 
town,  to  take  place  on  the  first  day  of  February,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  six,  which  bear 
the  numerical  name  of  those  wards  for  which  they  may  have 
been  respectively  chosen,  until  a  Board  of,  Health  and  ward 
clerks  shall  have  been  chosen  according  to  the  division  of  said 
town  into  wards  as  last  mentioned  :  And  the  members  of  the 
Board  of  Health,  and  the  several  clerks  of  the  respective 
wards,  and  the  assistant  assessors  in  said  town,  shall  hereafter 
be  chosen  within  the  wards  as  established  to  take  place  on  the 
said  first  day  of  February,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  six.     [^Feb.  3,  1806.] 

An  Act  in  addition  to,  and  for  repealing  a  certain  clause  in  an  Act,  passed  March  C/^flP•  "^* 
twenty-eighth,  in  the  year  of  our  Lord,  one  thousand  seven  hundred  and  eighty-  1737  gj,_  53^ 
eight,  entitled,  "  An  Act  to  prevent  the  destruction  of  Alewives  and  other  fish  in  (y.  1.  p.  191.) 
Ipswich  river,  and  to  encourage  the  increase  of  the  same."  1793  ch.  88. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representatives,  \^^g[.^^'Qg^'^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same,  That  (y.  2.  p.  128.) 
the  future  using  and  improving  of  Barnabas  Dodge's  saw-mill,  J^^'* J^**-  9?- 
standing  on  Ipswich  river,  at  Warner's  mill-dam,   so  called,  ^^^'^  '^'^^^  . 
within  the  towns  of  Ipswich  and  Hamilton,  from  the  last  day  njJnt"of '°^*' 
of  April  to  the  first  day  of  June,  annually,  shall  be  under  the  Dodge's  mill, 
directions,  regulations  and  restrictions  of  the  major  part  of  the  ^°^^  t"be'un. 
selectmen  of  the  towns  of  Ipswich,  Hamilton,  Topsfield,  Mid-  der  direction 
dleton  and  Reading,  for  the  time  being  ;  such  directions,  regu-  of  ce.tain  s©- 
fations  and  restrictions^  being  made  in  writing  under  the  hands 

VOL.  IV.  1 


2  1805. Chap.  30—31. 

of  the  major  part  of  the  selectmen  aforesaid,  and  delivered  to 
the  said  Dodge  from  time  to  time  as  shall  be  found    neces- 

Penalties  for  Sect.  2.    Be  it  further  enacted^  That  for  every  omission  or  vio- 

disobeying  the  lation  of  such  directions,  regulations  or  restrictions  as  aforesaid, 
directions.        ^|^g  g^^j^  Dodge  shall  be  subject  to  such  penalties  and  forfeitures 
as  are  incurred  by  an  Act  entitled,  "  An  Act  to  prevent  the  de- 
struction of  Alewives  and  other  fish  in  Ipswich  river,  and  to  en- 
courage the  increase  of  the  same,"  for  using  and  improving 
said  mill,  within  the  term  aforesaid  ;  to  he  sued  for,  recover- 
ed and  applied  in  manner  as  is  prescribed  in  the  said  act. 
Part  of  former       Sect.  3.     Be  it  further  enacted^  That  the  sixth  clause  of  the 
act  repealed,     aforementioned  act,  so  far  as  it  respects  the  using  and  improv- 
ing the  said  Dodge's  saw-mill,  within  the  term  therein  men- 
tioned, shall  be,  and  hereby   is    repealed.     [Fefe.   11,    1806.] 
Further  add.  acts— 1810  ch.   117:   1812  ch.   127:   1814  ch. 
22. 

Chcip,  30.  An  Act  to  establisli  a  corporation  by  the  name  of  the  Ashby  Turnpike  Corporation. 
BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled^  and  by  the  authority  of  the  same^  That 
Abraham  Edwards,  Allen  Flagg,  Stephen  Wyman,  Gushing 
Burr,  Alexander  T.  VVillard,  Robert  W.  Burr.  Aaron  Warren. 
Ebenezer  Stone,  Asa  Stratton,  William  Stearnes,  Samuel  Rice. 
Lewis  Gould  and  Stephen  Patch,  together  with  such  others  as 
have,  or  may  hereafter  associate  with  them,  their  successors  and 
assigns,  be,  and  they  are  hereby  made  a  corporation,  by  the  name 
of  the  Ashby  Turnpike  Gorporation,  for  the  purpose  of  laying 
out  and  making  a  turnyiike  road,  from  the  state  line  between 
Newhampshire  and  the  Gommonv,'ealth  of  M.issachusetts,  near 
the  house  of  William  Kendall,  and  from  thence  to  the  south 
side  of  Wantatook  hill,  and  from  thence  through  Ashby,  to 
Townsend-Plain.  in  Townsend,  near  Joel  Butlers  ;  and  for  this 
purpose  shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties,  requirements  and  penalties  contained  in 
an  Act,  entitled,  "  An  Act  defining  the  general  ))owers  and  du- 
ties of  turnpike  corporations,"  passed  the  sixteenth  day  of 
March,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  five.     {Feb.  11,  1806.] 

Chcfp*  31»        •'^'^  ^^'^  ^°  establish  a  corporation  by  the  name  of  the  Norton  Turnpike  Corpo- 
^  ration. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled^  and  by  the  authority  of  the 
same,  That  Silas  Gobb,  Joseph   Hewins,  Benjamin  Bates  and 
pomed-'anT  Elijah  Granc,  together  with  such  persons  as  may  hereafter  as- 
courseo'fthe      sociate  with  them,  and  their  successors  and  assigns,  shall  be  a 
road.  corporation,  by  the  name  of  the  Norton  Turnpike  Gorporation, 

for  the  purpose  of  making  a  turnpike  road  :  Beginning  at  the 
boundary  line  between  this  Gommonwealth  and  the  state  of 
Rhode-Island,  at  Warren  ;  thence  to  or  near  Norton  meeting- 
house ;  thence  to  or  near  the  meeting  house  in  Mansfield  ; 
from  thence  running  to  the  west  of  Mashapog  pond,  and  to  or 
-    near  Sharon  meeting-house  *,  and  from  thence  into  the  Taunton 


1805. Chap.  32—33.  3 

road,  at  or  near  school-house  number  three,  in  Canton,  as  near- 
ly straight  from  each  mentioned  place  to  the  other,  as  a  lo- 
cating committee  shall  think  will  best  accommodate  the  public  : 
And  lor  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  tuinpike  corporations."  passed  the  six- 
teenth day  of  March,  in  the  yei.r  of  our  Lord,  one  thousand 
eight  hundred  and  five. 

Sect.  2.    Be  it  further  enacted,  That  said  corporation  is  here-  "Monies  my 
by  allowed  to  grant  monies  to  such  persons  as  have  rendered  be  grante  . 
services  to  the  proprietors,  in  exploring  the  rout  of  the  turn- 
pike road,  or  otherwise  ;  previous  to  this  act  of  incorporation, 
or  to  such  per^ons  as  have  advanced  monies  to  pay  any  ex- 
pences  which  may  have  accrued. 

Sect.  3.     Be  ft  further  enacted.  That  Avhen  the  said  turnpike  Four  gates  ai- 
road  shall  be  approved  by  committees  to  be  appointed  by  the  J^J'^J^jl'^^p. 
Courts  of  Common  Pleas,  in  the  respective  counties  through  proved, 
which  said  road  shall  pass,  then  said  corporation  shall  be  au- 
thorized to  erect  four  turnpike  gates,  or  such  a  number  of  half 
toll  gates,  as  not  to  exceed  four  whole  toll  gates,  on  the  said 
road,    as    the   aforesaid   committees  shall  direct.      [Feb.    11. 
1806.] — 

An  Act  to  .et  off  pnrt  of  the  town  of  Noithliorough,  and  annex  the  same  to  the   Chap.  32. 
disuilt  of  Be.l,„,  and  to  set  off  part  of  said  district  of  Berlin,  and  annex  the  same 
to  the  said  town  of  Noithbotough. 

Sect    1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, 'in  General  Court  assembled,  and  by  the  authority  of  the  ^^.^^^^ 
same,  That  all  the  lands  and  buildings  thereon,  lying  northerly  ZZ^,,,, 
of  the  line  herein  described,  belonging  to  the  town  of  Northbo-  off. 
rouo-h,  in  the  county  of  Worcester,  be,  and  hereby  are  set  otl 
from  the  said  town*^  of  Northborough,  and  annexed  to  the  dis- 
trict of  Berlin,  in  the  same  county  of  Worcester  ;  and  that  all 
the  land  lyin<-  southerly  of  said  line,  belonging  to  the  said  dis- 
trict of  Berlin,  be,  and  hereby  is  set  ofF  from  said  district  ot 
Berlin,  and  annexed   to  the  said  town  of  Northborough  :  viz. 
said   line  be-innin-  at  a  stake  and  stones  on  the  line  between 
Marlborough  and  said  Berlin,  twenty-four  rods  Irom  the  north- 
Ave^^t  corner  of  said  Marlborough  ;  thence  north,  thirty-three  de- 
grees west,  two  hundred  and  twenty-six  rods,  to  a  stake  and 
stones  on  the  line  between  said  Northborough  and  said  district 

''sect's.     Be   it  further  enacted^    ^''fl'^ZZ^^X^S!^- 

mills  taken  from  the  sum  set  against  said  town  o<,  Northborough 

by  the  last  valuation  to  pay  to  one  thousand  do  lars    tate  tax 

and  added  to  the  sum  set  against  said  district  o    Berlm  :  And 

in  future  all  state  and  county  taxes  against  said  town  and  dis- 

trict  to  be  governed  accordingly,  until  a  new  valuation  is  taken. 

[Feb.  15.  1806.] 

^iTT^TT^lI^^sh  a  company,  by  the  name  of  the  Worcester  and  Stafford  Turn-   Chap.   33, 
pike  Corporation. 

Sect.  1.    BE  it  enacted  by  th&  Smat&  and  House  of  Represm- 


1805. 


Chap.  33—34. 


Names  of  per> 
sons  incorpo- 
rated. 


Course  of  the 
toad. 


Gommittee  au< 
thorized. 


Qiap.  34. 

1799  ch.  6. 
(V,  2,  p.  302.) 


iatives^  in  General  Court  assembled^  and  by  the  authority  of  the 
same^  That  David  Wight,  jun.  Timothy  Newell,  Samuel  Hobbs, 
Thomas  Upham,  James  Johnson,  John  Tarbell,  Abijah  Shum- 
way,  Simeon  Allen,  Abel  Allen,  Abel  Allen,  jun.  Samuel 
Shumway,  Comfort  Johnson,  Stephen  Harding,  Oliver  Morse, 
Alpheus  Wight,  John  Munger,  Stephen  Needham,  James  Tiffa- 
ny, Samuel  Willard,  Humphrey  Needham,  Joseph  Pratt,  Hol- 
lowell  Perrin,  Jacob  Thompson,  Ezra  Webber,  Isaac  Partridge, 
Nehemiah  May,  Joshua  Barrett,  and  Terrence  Webber,  to- 
gether with  such  others  as  already  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  Stafford  Turnpike  Corporation,  for  the  purpose  of  locating, 
making,  and  keeping  in  good  repair,  a  turnpike  road,  from  the 
post  road  in  the  town  of  Worcester,  through  the  towns  of  Lei- 
cester, Charlton,  Sturbridge,  Holland  and  South-Brimfield,  to 
the  line  between  Massachusetts  and  Connecticut,  and  so  as  to 
meet  the  Hartford  turnpike,  in  the  town  of  Stafford,  in  the  state 
of  Connecticut,  or  through  a  corner  of  Brimfield,  as  the  com- 
mittee 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  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.  And  he  it  further  enacted,  That  Salem  Town,  Ab- 
ner  Brown,  and  Aaron  Marsh,  Esq'rs.  be,  and  they  hereby 
are  appointed  a  committee  to  locate  said  road  in  the  best 
direction,  according  to  their  best  skill  and  judgment,  from  the 
post  road  in  Worcester,  to  the  end  of  the  Stafford  turnpike, 
at  the  line  of  this  Commonwealth,  in  South-Brimfield  ;  and 
the  said  committee  are  hereby  empowered  to  assess  such 
damages  as  any  individual  may  sustain  by  reason  of  laying 
out  and  making  said  road,  when  the  corporation  and  such  indi- 
vidual cannot  agree,  reserving  to  either  party  the  right  of  trial 
by  jury,  according  to  the  law  which  provides  for  the  recovery 
of  damages  accruing  by  the  laying  out  of  public  highways  : 
And  when  the  said  committee  have  completed  their  business, 
they  shall  make  return  to  the  next  Courts  of  General  Sessions 
of  the  Peace,  to  be  holden  in  the  counties  of  Worcester  and 
Hampshire,  of  the  courses,  and  distances,  and  damages  as- 
sessed in  each  county  ;  which  shall  have  the  same  effect,  as 
though  the  same  had  been  done  by  a  committee  appointed  by 
said  Courts,  for  the  same  purposes  ;  and  that  the  expense  of  the 
said  committee  shall  be  paid  by  the  said  corporation.  [Feb, 
15, 1806.]     Add.  acts— 1809  ch.  22.  Ill  :   1819  ch.  113. 

An  Act  in  addition  to  an  Act  entitled,  "  An  Act  to  incorporate  William  Bartlett 
and  others,  into  a  Company,  by  the  name  of  the  Newburyport  Marine  Insurance 
Company." 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,   That  the  tenth  section  of  the  Act  entitled,  ''  An  Act  to 


Preamble. 


1805. Chap.  40—41.  £ 

incorporate  William  Bartlett  and  others,  into  a  company,  by 
the  name  of  the  Newburyport  Marine  Insurance  Company,'^ 
which  is  in  the  words  following,  viz.  '■'■  And  be  it  further  enact- 
ed., That  no  person,  being  either  singly  or  as  a  partner  with 
one  or  more  persons,  a  member  of  any  other  company,  car- 
rying on  the  business  of  Marine  Insurance  in  said  Newbury- 
port, 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  Company,  shall  be  a  director  of  the  New- 
buryport Marine  Insurance  Company,  incorporated  by  the 
act    to  which  this  is  in  addition.     [Feb.  15,  1806.] 

An  Act  for  setting  off  Elijah  Goodenough    and  others   from  the  first  precinct  in  QUgn    40. 
Boylston,  in  the  county  of  Worcester,  and  annexing  them  to  the  second  precinct  "' 

in  Boylston,  Sterling  and  Holden.  1796  ch.  10. 

•  f  V    2  n   83  "\ 

WHEREAS,  when  the  second  precinct  in  Boylston,  Sterling  ^  '  ''  '' 
and  Holden,  was  incorporated,  the  lands  now  owned  by  Elijah 
Goodenough,  David  Hathan,  Levi  Peirce,  Francis  Keys,  Ja- 
cob Hinds,  Hollis  Peirce,  John  Smith  and  Jonas  Holt,  inclu- 
ded 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  Boylston,  according  to  the  provision  made 
in  the  second  section  of  the  act  incorporating  said  second  pre- 
cinct and  they  have  now  petitioned  to  be  annexed  to  the  said 
second  precinct : 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  said  Elijah  Goodenough,  David  Hathan,  Levi 
Peirce,  Francis  Keys,  Jacob  Hinds,  Hollis  Peirce,  John  Smith  tgj,,  persons  ' 
and  Jonas  Holt,  together  with  all  their  lands  and  tenements,  who  are  set  off. 
lying  within  the  said  second  precinct,  be,  and  they  are  hereby 
set  oft'  from  the  first  precinct  in  Boylston,  and  annexed  to  the 
second  precinct  in  Boylston,  Sterling  and  Holden. 

And  whereas,  Oliver  Peirce,  William  Eames,  Jonathan  Plimp- 
ton, Daniel  Harris,  Edmund  Brigham,  Zachariah  Child  and 
Thomas  Hatherly,  have  also  petitioned  that  they  may  be  set 
off"  from  the  said  first,  and  annexed  to  the  said  second  pre- 
cinct : 

Sect.  2.  Be  it  further  enacted,  That  they,  the  said  Oliver 
Peirce,  William  Eames,  Jonathan  Plimpton,  Daniel  Harris,  ^^  persons  set 
Edmund  Brigham,  Zachariah  Child  and  Thomas  Hatherly,  off", 
with  their  families  and  estates,  be,  and  they  hereby  are  set  off" 
from  the  said  first  precinct,  in  the  town  of  Boylston,  and  an- 
nexed to  the  said  second  precinct  in  Boylston,  Sterling  and 
Holden.     [Feb.  22,  1806.] 

An  Act  to  establish  a  Corporation,  by   the  name  of  the  Plumb-Island  Turnpike    Chap,  41. 
and  Bridge  Corporation. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  «/*  the  Bridge  allow- 
some.  That  Leonard  Smith,  Ebenezer  Stocker,  Moses  Brown,  ed;  manner  of 
William  Bartlett,   David    Coffin,   Jonathan  Gage  and  John  ^^^  directed. 


0  1805. Chap.'41— 43. 

Greenleaf,  together  with  all  such  other  persons  as  have  or 
may  hereafter  associate  with  them,  their  successors  and  as- 
signs, be,  and  they  hereby  are  made  a  corporation,  by  the 
name  of  the  Plumb-Island  Turnpike  and  Bridge  Corporation, 
for  the  purpose  of  laying  out  and  making  a  turnpike  road 
from  the  north-east  end  of  Rolf's  Lane,  in  the  town  of  New- 
bury, in  the  county  of  Essex,  in  a  line  as  direct  as  practica- 
ble to'a  point  on  Plumb-Island,  about  one  mile  north  of  Sandy- 
Beach,  so  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 
diifies,  requirements  and  penalties  contained  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  :  Provided,  said  bridge  across  said  Plumb- 
Island  river,  be  constructed  in  the  following  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  tovx'ing-path  through  the  draw,  on  the 
same  side  with  said  wharf,  for  the  convenience  of  towing  of 
vessels  and  boats  through  said  bridge,  and  an  arch  of  fifty 
feet  in  width  under  said  bridge,  the  under  side  of  the  said 
arch  lobe  at  least  eight  feet  above  high-water  mark,  at  a  com- 
mon 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  toll ;  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.  2.  Be  it  further  enacted,  That  said  corporation  be, 
Toll  establish-  aiid  hereby  are  authorized  and  empowered  to  demand  and 
ed,  &c.  receive,  two  cents  of  each  foot  person  who  may  pass  the  gate, 

which  may  be  established  for  said  turnpike  and  bridge  ;  and 
that  said  corporation  shall  take  such  effectual  measures  as 
will  prevent  all  such  horses,  neat  cattle,  sheep  and  swine,  as 
may  be  found  going  at  large,  from  passing  over  said  turnpike 
and  bridsje,  so  as  to  get  on  to  the  salt-marsh,  or  said  Plumb-Isl- 
and adjoining.     [Feb.  24,  1806.] 

Chau     4S         "^"  ^^^  aiiihoiizinu   the  inhabitants  of  the  town  of  Acton,  in  the  county  of  Mid- 
"'         '  dlesex,  to  regulate  the  taking  of  fish,  called  Sliad  and  Alewives,  within  the  lim- 

its of  said  town. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
The  right  of  same,  That  from  and  after  the  passing  of  this  act,  it  shall  be 
fishingmaybe  }a^vful  for  the  inhabitants  of  Acton,  to  sell  the  right  and  regu- 
late the  times,  places,  and  manner  of  taking  Shad  and  Ale- 
wives  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  hereby 
authorized  and  empowered  to  appoint  agents,  whose  duty  it 
shall  be  to  carry  into  execution  the  purposes  of  this  act. 


1805. Chap.  46 

Sect.  2.     Be  it  further  enacled,  That  the  agents   aforesaid  Agents  to 
may,  m  behalf  of  said  town,  and  for  their  use  and  benetit,  sell  a'„^H  to\ie  a*-' 
the  right  and  regulate  the  times,  places  and  manner  of  taking  countable. 
said  fish  within  the  town  aforesaid:  And  for  the  proceeds  of 
the  sale  of  said  right,  said    agents  shall   be   held  to  account 
with  and  pay  to  the  said    inhabitants,  from  time   to  time    in 
such  manner  as  they  shall  direct  by  vote  in  said  meetings  in 
March  or  April. 

Sect.  3.     Be  it  further  enacted^  That  the  said   agents  shall  penalty  for 
forthwith,  after  establishing  such  rules    and  regulations,  and  taking  the  fish 
determining  by  whom  said  fish  may  be   taken,  cause  a  copy  J°i"^s^J,^iJh 
thereof,  under  their  hands,  to  be  posted  up  in  two  or  more  maybeexhibi- 
public  places  within  the  said  town:  And  if  any  person  or  per-  t^d. 
sons,  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,  or  in  any  other   manner,  than   shall   be   ex- 
pressed in  the  conditions  of  the  sale   to  them,  such   person  or 
persons,  so  offending,  shall  severally    and  for  each  and  every 
oflence,  forfeit  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.     \_Feb.  25,  1 806.] 

An  Act  to  set  off  Seth  Phillips  and  Jabez  Ward,  from  the  town  of  Gerry,  and  to   Chcip.  46. 
annex  them  to  the  town  of  Athol. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
Seth  Phillijis  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  shall  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,  county,  town  and  parish  taxes,  assessed  upon 
them,  and  due  to  the  said  town  of  Gerry,  prior  to  the  date  of 
this  act:  And  that  the  sum  of  one  cent,  be,  and  hereby  is 
deducted  from  the  proportion  of  the  last  stale  valuation,  set 
to  the  town  of  Gerry,  and  added  to  the  proportion  of  the  state 
valuation  set  to  the  town  of  Athol.     [Feb.  28,  1806.] 

An  Act  in  addition  to  an  act,  entitled,  "  An  act  in  addition  to  an  act  to  incorpo-    QhiJX).  AT m 
rate  sundry  persons  by  the  name  of  the  Massachusetts  Fire  Insurance  Compa-  " 

Sect.   1 .     BE  if  enacted  by  the   Senate  and  House   of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the  Number  and 
same,  That  from  and  after  the  passing  of  this  act,  the  capital  value  of  shares 
stock  of  the  said  Fire  and  Marine  Insurance  Company,  shall  capitaL°""*" 
be  divided   into  shares  of  fifty  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  of  four  hun- 
dred thousand  dollars,  exclusive  of  premium  notes,  and  pro- 
fits arising  frooi  their  business :     And  the  president  and  di- 


1805. 


•Chap.  49. 


Existing  poli- 
cies not  to   be 
affected. 


No  part  of 
capital  to  be 
wittidiawn  till 
existing  con- 
tracts are   ful- 
filled. 

Chap.  49. 


Preamble. 


General    pow- 
ers. 


Manner  (t 
building  the 
bridge   prescri- 
bed. 


i'ectors  shall  not  be  allowed  to  insure  any  sura,  by  which  they 
hazard,  on  any  one  risk,  more  than  seven  and  an  half  per 
centum  of  the  amount  of  their  capital  stock ;  any  thing  in  any 
former  act  to  the  contrary  notwithstanding. 

Sect.  2.  Be  it  further  enacted,  That  nothing  in  this  act 
contained,  shall  prejudice  or  affect  any  policy  of  insurance 
heretofore  made  by  said  company  ;  but  in  case  of  any  loss  or 
losses  arising  or  happening  on  any  such  policy,  heretofore 
made,  the  party  insured  thereby,  shall  have  the  same  reme- 
dy, and  the  estate  of  each  proprietor  or  stockholder  shall  be 
held  accountable  therefor,  in  the  same  manner,  and  to  the 
same  amount,  as  if  this  act  had  not  been  made. 

Sect.  3.  Be  it  further  enacted,  That  no  part  of  the  capital 
stock  of  the  said  corporation,  shall  be  withdrawn  by  the  pro- 
prietors thereof,  until  every  contract  of  insurance  now  existing, 
is  discharged  and  terminated.  [March  3,  1806.]  Former  actsy 
see  Appendix. 

An  Act  to  incorporate  Ezekiel  Hersey  Derby  and  others,  for  the  purpose  of  build- 
ing a  bridge  over  South-river  in  Salem. 

WHEREAS  a  bridge  from  Market  and  Front-streets,  in  Sa- 
lem, over  South-river,  to  the  way  lately  laid  out  by  the  select- 
men of  Salem  will  be  of  great  public  utility,  as  well  as  highly 
beneficial  to  the  inhabitants  of  said  town  ;  and  Ezekiel  Hersey 
Derby  and  others,  have  petitioned  this  court  for  an  act  of  in- 
corporation, to  empower  them  to  build  said  bridge : 

Sect.  1.  Be  it  therefore  enacted  by  the  Senate  and  House  of  Re- 
presentatives, in  General  Court  assembled,  and  by  the  authority  of 
the  same.  That  Ezekiel  Hersey  Derby,  and  such  persons  as 
have  associated,  or  may  associate  with  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  and  after  the  pass- 
ing of  this  act ;  and  by  that  name  may  sue  and  prosecute,  and 
be  sued  and  prosecuted  to  final  judgment  and  execution  ;  and 
do  and  suffer  all  other  matters  and  things  which  bodies  politic 
may  or  ought  to  do  and  suffer :  And  the  said  corporation  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  twenty  thousand  dollars  ;  and  also  to  make,  have 
and  use  a  common  seal,  and  the  same  to  break,  alter  and  re- 
new at  pleasure. 

Sect.  2.  Be  it  further  enacted,  That  the  said  bridge  over 
South-river  aforesaid,  shall  be  well  built,  at  least  forty  feet 
wide,  of  good  and  suitable  materials;  and  be  well  covered  with 
gravel,  plank  or  timber  on  the  top,  suitable  for  such  a  bridge  ; 
with  sufficient  rails  on  each  side,  for  the  safety  of  passengers : 
an  J  the  said  corporation  shall  also  build  a  convenient  and 
sufficient  draw,  or  passage  way,  over  the  channel  of  said  river, 
for  the  passing  and  repassing  of  vessels  through  said  bridge : 
And  shall  also  build,  at  the  draw,  a  well  constructed  and  sub- 
stantial pier  wharf,  on  each  side  of  said  bridge,  and  adjoining 
the  draw,  every  way  sufficient  for  vessels  to  lie  at  securely ; 


1805. Chap.  49.  'd 

and  all  vessels  intending  to  pass  the  said  draw,  shall  be  free 
of  charge,  at  the  said  wharf  or  pier,  until  a  suitable  time  shall 
offer  for  passing  the  same  :  And  it  shall  be  lawful  for  said  cor- 
poration to  make  the  leaves  of  the  draw  twenty  feet  long,  in- 
stead of  forty  feet,  the  width  of  the  bridge. 

Sect.  3.  Be  it  further  enacted,  That  the  Justices  of  the  New  road  to 
Court  of  General  Sessions  of  the  Peace  for  the  county  of  Es-  be  laid  out. 
sex,  shall  be,  and  hereby  are  authorized  and  directed,  on  ap- 
plication of  the  said  corporation,  to  lay  out  a  highway  from 
Market  and  Front-streets,  aforesaid,  to  the  channel  of  said 
river,  not  less  than  forty  feet  wide;  upon  which,  said  bridge 
and  piers  shall  be  built :  And  the  said  corporation  shall  be 
holden  to  pay  all  damages  which  shall  arise  to  any  person  by 
taking  his  land  for  said  way  :  where  the  same  cannot  be  ob- 
tained by  voluntary  agreement,  to  be  estimated  by  a  commit- 
tee of  the  Court  of  General  Sessions  of  the  Peace  for  said 
county ;  saving  to  either  party,  a  right  of  trial  by  jury,  ac- 
cording to  the  law  which  makes  provision  for  the  recovery  of 
damages,  by  laying  out  public  highways. 

Sect.  4.  Be  it  further  enacted,  That  the  said  Ezekiel  Her-  How  the  first 
sey  Derby,  or  any  two  of  his  associates,  may,  by  an  adver-  ^"^^^'3°^ 
tisement  in  the  Salem  Gazette,  call  a  meeting  of  the  members  what  business 
of  said  corporation,  to  be  holden  at  any  suitable  time  and  may  be  trans- 
place,  after  ten  days  from  the  publication  of  said  advertise-  ^^^^  ' 
ment;  and  by  vote  of  the  majority  of  those  present,  or  repre- 
sented at  said  meeting,  in  all  cases  accounting  and  allowing  a 
vote  to  each  single  share,  they  shall  choose  a  clerk,  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty  ;  and  also  shall 
agree  on  a  method  for  calling  future  meetings ;  and  at  the 
same,  or  any  subsequent  meeting,  may  agree  to  raise  any  sum 
or  sums  of  money  they  shall  think  necessary  for  the  purposes 
aforesaid,  and  order  the  same  to  be  assessed  on  the  members 
of  said  corporation,  according  to  the  number  of  shares  they 
respectively  hold ;  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  execut- 
ing the  purposes  aforesaid  :  Provided  such  rules  and  regula- 
tions are  not  repugnant  to  the  laws  and  constitution  of  this 
Commonwealth:  And  the  said  proprietors  may  also  choose 
and  appoint  any  other  officer  or  officers  of  the  corporation, 
that  they  may  deem  necessary:  And  all  representations,  at 
any  meeting,  shall  be  proved  in  writing,  signed  by  the  person 
making  the  same,  which  shall  be  filed  with,  and  recorded  by 
the  clerk;  and  this  act,  and  all  rules,  regulations  and  votes  of 
(he  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  when  said  bridge   and  '^J'J^^I^'jJ.SJ^*^® 
piers  shall  be  sufficiently  made  and  built,  and  shall  be  approv-  t„^  the  "town  of 
ed  by  a  committee  of  the  Court  of  General  Sessions  of  the  saiem. 
Peace,  for  the  county  of  Essex,  appointed  for  that  purpose  ;  the 
said  corporation  may  transfer  and  deliver  the  same  bridge  and 
piers  to  the  town  of  Salem,  aforesaid ;  which  shall  be  obliged 

VOLt    IV.  2  I 


rj 


1805. 


Chap.  50. 


Time  for  build- 
ing limited. 

Chap,  50. 


JVames  of  per- 
sons incorpo- 
rated, and 
general  pow- 
ers. 


Persons  con- 
sidered includ- 
ed in  the  cor- 
poration. 


Corporation  to 
possess  the 
meeting-housej 


to  receive,  and  forever  after  maintain  and  keep  the  same  in 
repair:  Provided,  that  the  said  town  of  Sakm,  shall,  at  any 
legal  meeting  hereafter  to  be  holden  for  that  purpose,  accept 
the  same. 

Sect.  6.  Beit  further  enacted,  That  if  said  corporation  shall 
neglect,  for  the  space  of  three  years  after  the  passing  of  this 
act,  to  build  the  said  bridge,  then  this  act  shall  be  void. 
[March  3,  1806.]     Add.  act— 1814  ch.  98. 

An  Act  to  incorporate  the   Congregational  Society  in  the  town  of  Douglas,  as   a 
religious  society,  by  the  name  of  the  Congregational  Society  in  Douglas. 

Sect.  i.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
sentattves,  in  General  Court  assembled,  and  by  the  aulhoritv  of 
the  same.  That  Elijah  Moore,  Benjamin  Wallis,  jun.  Aaron 
Marsh,  Benjamin  Dudley,  Benjamin  Craggin,  Caleb  Whiting. 
Edmund  Carpenter,  James  Lee,  John  Farnum,  Obadiah  Morse. 
Paul  Dudley,  Ezekiel  Preston,  Levi  Morse,  Timothy  Craggin^ 
Abner  Whiting,  Jacob  Morse,  Samuel  Williams,  Amos  Humes! 
Richard  Howell,  jun.  Elijah  Smith,  jun.  Edmund  Carpenter! 
jun.  John  Partridge,  Benjamin  Earned,  Samuel  Balcome,  Jo- 
siah  Thayer,  Henry  Riedel,  Simeon  Marsh,  John  Whiting, 
Sylvanus  Pratt,  Oliver  Hunt,  Thomas  Biglow,  John  Bolkcom, 
Samuel  Wallis,  Robert  Hale,  Otis  Farnum,  David  Chase' 
Greenleaf  Briggs,  Samuel  Chase,  Reuben  Ide,  Moses  Hol- 
brook,  Jonathan  Sprague,  Marvel  Morse,  Job  Knap,  Stephen 
Southworth,  Daniel  'i'aylor,  Ellis  Bolkcom,  Luke  R.  Stone, 
John  Lee,  Nathaniel  Carpenter,  Timothy  Whiting,  Otis  Hunt,' 
John  Marsh,  Clark  Hunt,  John  N.  Williams,  Abishai  White^ 
Daniel  Brown,  Lemuel  Dndlej^,  Philip  Howell,  Asa  Chase! 
Eseck  Paine,  Barnabas  F.  Howell,  David  Whiting,  Joseph 
Hunt,  Aaron  Wallis,  Benjamin  Wallis,  sen.  David  Wallis,  Seth 
Jepherson,  Amos  Morse,  Robert  Smith,  Elijah  Brown,  Josiah 
Humes,  Abner  Chilson,  David  Yvliite,  Jesse  Williams,  Comfort 
Martin,  jun.  Comfort  Clafflcn,  Caleb  Hill,  Peter  Reed,  Job 
Jepherson,  Joseph  Read,  Josiah  Read,  Samuel  Cummings, 
Silas  Cumings,  William  Jepherson,  Elisha  Hale,  Ebenezer 
Cook,  Jesse  Morse,  Joseph  Robbins,  with  their  polls  and  es- 
tates, be,  and  hereby  are  incorporated  into  a  society,  by  the 
name  of  the  Congregational  Society  in  Douglas;  and'that  they 
be,  and  hereby  are  invested  with  all  the  powers,  privileges  and 
immunities,  to  which  other  parishes  or  religious  societies  are 
entitled,  by  the  constitution  and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  such  other  inhabitants 
of  the  said  town  of  Douglas,  as  have  heretofore  usually  at- 
tended public  worship,  with  the  congregational  society  therein, 
or  who  shall  hereafter  usually  attend  public  worship  Avith  said 
incorporated  society,  shall  be  deemed  and  taken,  with  their 
polls  and  estates  ;  as  belonging  to  and  making  part  of  said  in- 
corporation, to  all  intents  and  purposes,  as  though  particularly 
named  in  this  act. 

Sect.  3.  Be  it  further  enacted.  That  the  said  incorporated 
society,  from  and  after  the  passing  of  this  act,  be,  and  hereby 
iS  invested  with  the  privilege  of  improving  and  enjoying  the 


1805. Chap.  54— 68.  *  H 

cong^regilional  meeting-house,  in  said  town  of  Douglas,  for  the 
purpose  of  assembling  therein,  for  public  worship,  in  the  same 
manner  as  the  congregational  society  in  said  town  has  hitherto 
done;  and  of  receiving  and  holding  the  donation  which  dea- 
con  Jeremiah  Whiting  made  to  the  said  town  of  Douglas;  to 
be  appropriated  for  the  support  of  the  congregational  ministry 
and  church  therein,  according  to  the  intentions  and  directions 

of  the  doner.  ,  .   .  ,-       •  i  Th»  »r,-,n;cto. 

Sect.  4.     Be  it  further  enacted,  That  the  minister  of  said  7^'^,^^'J'J";^^" 
cono-reeational  society,  shall  have  a   right  to  occupy  and  im- benefit  of  the 
prove  the  ministry  wood-lot,  in  Douglas  woods,  (so  called,)  in  wood-lot. 
the  same  way   and  manner,  that  the  congregational  minister 
has  heretofore  done. 

Sect.  5.  Be  it  further  enacled,  That  Aaron  Marsh,  Esq.  be,  F^^^^J^^^fj. 
and  he  is  hereby  authorized  to  issue  his  warrant,  directed  to  ^d. 
some  inhabitant  of  said  town,  requiring  him  to  notify  and  warn 
the  members  of  said  society,  qualified  to  vote  in  parish  aflairs, 
to  meet  at  such  convenient  time  and  place,  as  shall  be  express- 
ed in  said  warrant,  for  the  purpose  of  choosing  such  officers, 
as  parishes  are  by  law  required  to  choose  in  the  months  ot 
March  or  April,  annually.  [March  3,  1806.]    See  1819chji54. 

An  Act  for  allowing  further  time  to  the  proprietors  of  The  Fourteenth  Massachu-   Chap.  54. 
setts  Turnpike  Corporation  for  coniplctinj;  the  san^e.  1801  ch.  77. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  (V.  2.  p.  532.) 
General  Cmirt  assembled,  and  by  the  authority  of  the  same,  Ihat  a 
further  time  of  two  years,  from  the  eleventh  day  of  March  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  six,  be 
and  hereby  is  allowed  to  said  proprietors,  to  complete  said 
turnpike  road,  any  thing  in  the  original  act  of  incorporation, 
to  the  contrary  notwithstanding.     [March  4,  1806.] 

AhTact  to  esiablisTi  The  Housctonic-River  Turnpike  Corporation.  Chap.  58. 

Sect    1       BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same,        , 
That  Timothy  Edwards,  Erastus  Sergeant,  Joseph  VVhiton,  M-  Names  of 
las   Pepoon,  Enoch   Williams    Thayer,  Joseph    Woodbridge,  persons  incor. 
Thomas  Williams,   Esqrs.  Abijah   Merrill  John  Hutch,  John  P-J-fprw- 
Starnes   Elisha  Brown,   Silas  Whitney,  Cyrus  Williams,  John  ers. 
S.  Hopkins,  Henry  Brown,  Heman  Willard,  John  Hunt,  Sime- 
on Demin-,  Josiah  Deming,  Sylvanus  Hatch,  John  Keep  and 
James  Whiton;  together  with  such  persons  as  may  hereafter 
associate  with  them,  and  their  successors  and  assigns  shall  be 
a  corporation  by  the  name  of  the  Houseton.c-River  Turnpike 
Corporation,  and  may  exercise  and   enjoy  all  the  Powers  and 
privileges  which   are  incident  to  and   usually  given  to  similar 
corporations;  and  shall  have  full  power  and  authority  to  make 
and  keep  in  repair,  a  turnpike  road:  Beginning  at  the  Ime  ot  course  of  % 
the  state  of  New  York,  near  Arnold's  tavern,  and  near  the  road, 
northwest  corner  of  West  Stockbridge ;  from  thence,  m  the  most 
direct  and  convenient   route,   to  the  mills,  near  the  house  of 
John  Newell,  jun.  in  West  Stockbridge ;  from  thence  in  the  best 
route  to  the  junction  of  the  county  roads  on  Stockbridge  plains, 


12 


3805. 


Chap,  58—59. 


Turnpike  gates 
to  be  erected 
when  the  road 
is  approved. 


Corporation 
entitled  to  the 
usual  privi- 
leges. 


Chap.  59. 

Oct.  21,  1777. 


New  line. 


SO  called;  from  thence,  in  the  most  direct  and  convenient 
course,  to  Lee  Forge,  and  near  the  place  where  the  turnpike 
trom  New  Marlborough  terminates ;  and  from  thence,  in  the 
most  direct  and  best  route,  to  the  turnpike  leading  from  Hart- 
ford  to  Lenox;  and  to  connect  with  the  same,  at  or  near  the 
dweUing-house  of  David  Foot,  in  the  eastern  part  of  the  town 
of  Lee. 

Sect.  2.  Be  it  further  enacted,  That  when  said  Turnpike 
Road  shall  be  well  and  sufficiently  made,  and  shall  be  approv- 
ed by  a  committee  appointed  by  the  Court  of  Common  Pleas, 
within  and  for  the  county  of  Berkshire,  then  the  said  corpora- 
tion shall  be  authorized  to  erect  one  turnpike  gate,  at  some 
convenient  place  between  the  house  of  John  Newell,  jun.  and 
the  line  of  the  state  of  New  York ;  at  which  gate,  when  ap- 
proved by  a  committee  of  the  Court  of  Common  Pleas,  for  the 
county  of  Berkshire,  the  said  corporation  shall  have  a  right  to 
demand  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  au- 
thorized to  erect  one  other  turnpike  gate,  at  or  near  the  place 
where  the  said  road  shall  cross  the  Housetonic  river;  at  which 
gate,  when  approved  of  by  said  committee  of  the  Court  of  Com- 
mon Pleas,  the  said  corporation  shall  have  a  right  to  demand 
and  receive  half  the  rates  of  (oil  as  established  bv  the  laws  of 
this  Commonwealth,  and  no  more. 

Sec^.  3.  Be  it  further  enacted,  That  the  said  corporation 
shall  be  entuled  to  all  and  singular  the  powers,  provisions  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,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  five.  [March  7,  1806.1  Add.  acts- 
ISO?  ch.  93  :  1808  ch.  49 :  18]Och.67:  1816  ch.  34  :  1820 
ch.  5. 


An  Act  in  addition  to  an  Act,  entitled,  '<  An  Art  to  incorporate  the  southwesterly 
part  of  Washington  the  northeasterly  part  of  Great  Barringlon,  (or  Hopland, 
so  called  )  the  Glass-Works  Grant,  and  part  of  Williams' grant,  in  the  county 
of  Berkshire,  into  a  Town,  by  the  name  of  Lee." 

WHEREAS,  in  the  act  incorporating  the  town  of  Lee,  an 
error  was  made,  by  leaving  out  a  tract  of  land,  containinc^ 
about  one  thousand  acres,  which  was  intended  to  be  taken  into° 
and  made  a  part  of  said  town  of  Lee  :  Also  another  error,  by 
takmg  into  the  said  town  of  Lee,  a  tract  in  the  northwest  corner 
thereof,  which  belongs  to  the  town  of  Lenox,  (commonly  called 
Whelpley's  farm,)  and  it  appears  that  the  last  mentioned  tract, 
IS  covered  by  the  acts  of  incorporation  of  both  the  said  towns 
of  Lee  and  Lenox  : 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
^°^' J  ihe  west  line  of  the  town  of  Lee,  shall  be  so  ex- 

tended, as  to  include  a  tract  of  land,  formerly  belonging  to  the 
town  of  Washington ;  and  that  the  east  line  of  the  town  of  Le^ 


1805. Chap.  64—65.  13 

nox,  shall  henceforth  be  considered  and  taken,  as  the  west  line 
of  the  town  of  Lee,  from  where  the  east  line  of  Lee  strikes  the 
Ousatonock  River,  to  the  north  line  of  the  Glass-works  grant : 
And  that  the  tract  heretofore  considered  as  belonging  to  the 
town  of  Lee,  (commonly  called  Whelpley's  farm,)  and  which 
is  covered  by  the  acts  of  incorporation  of  both  the  said  towns 
of  Lee  and  Lenox,  shall  henceforth  be  considered  within  the 
bounds,  and  made  a  part  of  the  town  of  Lenox. 

Sect.  2.     Be  it  further  enacted.  That  all  the  legal  acts  and  proceedings 
proceedings  of  the  said  town  of  Lee,  in  their  corporate  capa-  confirmed, 
city,  be,  and  hereby  are  confirmed  and  made  valid  ;  any  error 
in  the  aforementioned  act  of  incorporation,  notwithstanding. 
[March  7,  1806.] 

An  Act  to  render  valid  the  doings  of  Isaac  Mansfield,  a  coroner,  within  the  conn-   Qlmp,  64. 
ty  of  Essex.  ^ 

WHEREAS  Isaac  Mansfield,  a  coroner  within  and  for  the 
county  of  Essex,  has  taken  divers  inquisitions  within  said  coun- 
ty and  has  neglected  to  give  bonds  as  the  law  requires  : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  saine,  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  Pleas,  as  required  by  law;  any  law  to  the  contrary 
notwithstanding.     [March  7,  1806.] 

An  Act  for  incorporating  Charles  Gushing,  John  Avery,  Esquires,  and  others,  into   r<L„j,    f»f; 
a  Religious  Society,  hy  the  name  of  The  West-Boston  Society  in  the  Town  of  /'•     v« 

Boston. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in   General  Court  assembled,  and  by  the  authority  of  the 
same,  That   Charles   Cushing  and   John  Avery,  Esquires,  to-  The  society 
gether  with  such  others  as  now  are  proprietors  of  pews  in  the  "^^^^^  ^  ^°^y 
present  meeting-house,  at  the  westerly  part  of  Boston,  under  l^nvesteVwiih 
the  pastoral  charge  of  the  Reverend  Charles  Lowell,  or  who  the  property, 
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,  and  they 
hereby  are  declared  to  be  a  body  corporate  and  politic,  by  the 
name  of  the  West-Boston  Society ;  and  the  said  corporation 
shall  be,  and  hereby  are   invested   with  all  the  powers,  privi- 
leges and  rights  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,  adjoin- 
ing and  belonging  to  the  same,  and  with  the  privileges  and  ap- 
purtenances thereto  belonging. 

Sect.  2.     Be  it  further  enacted.  That  the   said   corporation  Annual  meet- 
shall  meet  annually  on  the  first  Monday  in  April,  at  their  meet-  ing  to  be  held. 
ing-house,  or  at  such  other  place,  and  at  such  other  times  as  ^^''   *^=<^6'"s 
they  may  be  duly  notified  in  manner  hereafter  mentioned  ;  and 
at  said  annual  meeting,  after  having  chosen  a  moderator,  shall 
choose,   by  ballot,  a  clerk,  treasurer  and  ten   other  persons, 
who,  together,  shall  be  a  committee  for  managing  the  affairs  of 


14 


1805. 


Chap.  65 


Clerk  to  be 
sworn — Com- 
mittee empow- 
ered. 


Corporation  to 
fulfil  contracts, 
and  empower- 
ed to  raise  rno- 
Bies. 


New  meeting- 
house to  be  in- 
vested in  the 
corporation  ; 
and  assess- 
ments autho- 
rized on  the 
pews,  &c. 
fhejrein. 


the  corporation  ;  and  who  shall  all  continue  in  office  during  the 
year,  and  until  others  are  chosen  in  their  room  :  Provided  how- 
ever^ If,  for  any  cause,  the  said  annual  meeting  should  not  be 
holden,  then  the  said  officers  may  be  chosen  at  any  other  meet- 
ing duly  notified  for  that  purpose. 

Sect.  3.  Be  it  further  enacted,  That  the  said  clerk  shall  be 
sworn  to  the  faithful  discharge  of  the  duties  of  his  office ;  and 
it  shall  be  his  duty  to  record  all  the  votes,  and  all  the  proceed- 
ings of  the  said  corporation,  and  of  the  said  committee,  in  se- 
parate 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  corporation,  in  the 
same,  and  in  as  ample  a  manner,  as  parish  committees  are  au- 
thorized by  law  to  manage  the  prudential  affitirs  of  parishes, 
and  to  notify  any  proprietors'  meeting,  by  a  notification  from 
the  desk,  on  the  Sunday  preceding  said  meeting  ;  or  by  post- 
ing up  a  notification  (signed  by  the  clerk)  at  the  door  of  said 
meeting-house,  seven  days,  at  least,  before  the  holding  of  the 
same. 

Sect.  4.  Be  it  further  enacted.  That  the  said  corporation 
shall  be  entitled  to  all  the  privileges  heretofore  enjoyed  by  the 
said  proprietors,  and  shall  be  bound  by  all  the  contracts  here- 
tofore made  by  said  proprietors  with  their  present  minister,  or 
with  any  other  persons  whomsoever;  and  be  subject  to  all  the 
duties  they  have  heretofore  been  subject  to ;  and  the  said  cor- 
poration are  also  empowered,  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  wor- 
ship of  God,  for  the  repairs  or  alteration  of  their  house,  and 
making  any  reasonable  addition  to  the  salary  of  their  present, 
or  any  future  minister,  and  for  other  parochial  and  incidental 
charges  ;  and  all  monies,  so  raised,  shall  be  paid  annually,  or 
by  ittstalments,  at  such  times,  and  in  such  proportions  as  said 
corporation  shall  direct. 

Sect.  5.  Be  it  further  enacted.  That  the  building  or  house 
of  public  worship,  which  said  society  are  now  preparing  to 
erect,  and  the  land  under,  adjoining  and  belonging  to  the  same, 
shall  be,  and  hereby  are  declared  to  be  vested  in  fee  in  the 
said  corporation,  and  all  monies  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  pur- 
poses, shall  also  be  further  binding  on  the  proprietors  and  on 
their  pews  and  interests  in  the  new  house,  when  erected,  and 
shall  be  assessed  by  the  said  committee,  or  by  the  major  part 
of  them,  upon  the  several  proprietors  of  the  pews,  in  the  pre- 
sent or  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  personal  es- 
tate, and  be  held  liable  to  be  taken  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  contingencies  and  conditions,  as  have  been,  or  may  be 


1805. Chap.  65—67.  15 

agreed  on  by  the  said  proprietors,  and  which  are,  or  shall  be 
summarily  expressed  and  contained  in  the  deed  or  conveyance 
of  the  pews  of  the  present  or  the  new  house  when  erected : 
And  the  assessments  which  have  been,  or  shall  be  made  as  afore- 
said, shall  be  considered  as  a  lien  upon  the  pews  in  the  pre- 
sent, and  in  the  new  house  when  erected  ;  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  treasu- 
rer, or  the  oath  of  the  person  by  him  employed  for  that  pur- 
pose, shall  be  sufficient  evidence. 

Sect.  6.     Be  it  further  enacted,   That  the  said  corporation  corporation 
shall  be  capable  and  liable  to  purchase,  take  and  to  hold  any  allowed  to  hold 
estate,  real,  personal  and  mixed,  for  the  purpose  of  supporting  tairamount!"^' 
public  worship,  and  a  teacher  or  teachers  of  piety,  religion  and 
morality,  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  not  exceed,  in  its  annual 
income,  five  thousand  dollars,  exclusive  of  their  house  of  public 
worship. 

Sect.  7.     Be  it  further  enacted,  That  the   said  corporation  Allowed  to  sell 
shall  have  power,  at  any  time,  to  sell  or  exchange  any  real  es-  anj^o^^^^'^^g'g^ 
tate,  when  they  shall,  at  any  meeting  duly  called  for  the  pur-  bequests  in  real 
pose,  agree  thereto  ;  or  may  invest  any  personal  gift  or  bequest  estate. 
in  real  estate,  provided  the  income  of  the  same  be  appropriat- 
ed according  to  the  will  of  the  donor. 

Sect.  8.     Be  it  further  enacted,  That  if  any  of  the  officers  V'acandes 
chosen  by  said  proprietors  shall  die  or  resign,  during  the  year  c",^" "^  ^'jfeath 
for  which  they  may  be  chosen,  other  persons  may  be  elected  or  resignation, 
in  their  room,  for  the  remainder  of  the  year,  at  anv  meeting  of  "'^y  be  sup- 

.L  •    .  .      L  ,-c     1     u  •  ,.      c^}  •.     plied  dunna  the 

the  proprietors,  to  be  notined    by  a  major  part  ot  the  commit-  yg^r. 
tee;  but  in  all  case*  where  there  may  be  but  one  of  the  com- 
mittee in  office,  he  shall   have  sufficient  authority  to  call  any 
meeting  of  the  proprietors. 

Sect.  9.     Be  it  further  enacted,   That  Mungo  Mackay,  Tho-  Persons  auiho- 
raas  Dennie  and  James  Prince,  or  either  of  them,  may  cause  t|,p^firs"  pro- 
the  first  meeting  of  said  corporation   to  be  called,  for  the  pur-  prietors'  meet- 
pose  of  choosing  their  officers  for   the  year  ensuing,  by  giving  '"S- 
notice  thereof  to  the  several  proprietors  in  writing,  seven  daj^s 
previous  to  the  time  and  place  of  said  meeting;  at  which  meet- 
ing they  may  agree  on  the  mode  of  notifjang  future  meetings. 
[March  7,  1806.] 

An  Act  to  incorporate  Aaron  Davis  and  others,  by  the  name  of  The  Worcester   /-«    ,      />,« 
Turnpike  Corporation.  KyUUp.  b  /. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,   and  by  the  authority  of  the 
same.  That  Aaron  Davis,  Luther  Richardson,  Samuel  Welles,  corporation 
Charles  Davis,  and  William  U.  Sumner,  Esquires,  together  with  invested  with 
their  associates,  their  successors  and  assigns,  be,  and  they  are  general  pow- 
hereby  made  a  corporation,   by  the  name  of  the  Worcester  course'ofthe 
Turnpike  Corporation,  and  by  that  name  may  sue  and  be  sued,  I'oad  prescrib- 
plead  and  be  impleaded,   and  shall  and  may  do  and  suffisr  all  ^^' 
things  which  bodies  politic  ought  to  do  and  suffer;  and  said 


16  1805. Chap.  67—70. 

corporation  shall  have  full  power  and  authority  to  make  and 
use  a  common  seal,  and  the  same  to  alter  and  renew  at  plea- 
sure ;  to  make,  lay  out  and  keep  in  repair  a  turnpike  road  from 
Roxburj  to  Worcester,  commencing  at  or  near  Roxburj-str^et, 
and  running  near  the  house  of  Stephen  Higginson,  junior,  in 
Brookline  ;  thence  running  near  MitcJiell's  tavern  in  Newton  ; 
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  Na- 
tick;  thence  near  the  house  of  Jonathan  Ruggs,  in  Framing- 
ham;  thence  near  the  house  of  Dea<„on  Chamberlain,  in  South- 
borough  ;  thence  near  Furbushe's  tavern,  in  Wesiborough ; 
thence  near  the  house  of  Jonathan  Harrington,  in  Shrewsbury ; 
thence  crossing  Shrewsbury  Pond,  and  running  nordi  of  Blad- 
der Pond,  to  the  street  in  Worcester,  near  the  court-house ; 
and  shall  have  the  power  of  erecting  four  toll-gates  thereon, 
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  ap- 
pointed for  this  and  other  purposes,  the  said  committee  may 
authorize  the  erection  of  one  toll-gate  on  such  part. 
Committee  to  Sect.  2.  Be  it  farther  enacted,  That  the  Hon.  Bezaleel  Taft, 
view  the  road,  ^^d  Nicholas  Tillinghast  and  Silas   Holraan,  Esquires,  be  a 

approve,  as-  .  r         i  /•         i  •  i       i  •  i  • 

sess  damages,    Committee,  lor  the  purpose  ot  makmg  such  alterations  and  van- 
^c.  ations  from  the  general  course  of  said  road,  upon  the  applica- 

tion of  said  corporation,  as  the  nature  of  the  ground  and  the 
public  good  may  seem  to  them  to  require,  and  of  viewing  said 
road  and  accepting  the  same,  when  completed,  to  their  satis- 
faction ;  and  shall  authorize  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  indivi- 
dual may  sustain  by  reason  of  the  laying  out  said  road  and 
making  the  same,  when  the  said  corporation  and  such  indivi- 
dual have  not  nor  cannot  agree  upon  the  same,  reserving  to 
each  party  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  business  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  several  Courts 
of  Common  Pleas  in  the  counties  through  which  the  road  pass- 
es ;  and  the  expense  thereof  shall  be  paid  by  the  said  corpo- 
ration. 
Hist  nieetiiig.  Sect.  3.  Be  it  farther  enacted,  That  Aaron  Davis  and 
William  H.  Sumner,  aforesaid,  be  authorized  to  call  the  first 
meeting  of  the  proprietors,  at  such  time  and  place  as  they  may 
think  expedient.  [March  7,  1806.]  Add.  acts— 1808  ch.  15.  71. 

Chap,  70«  A°  Act  to  incorporate  the  Trustees  of  the  Charlestown  Charity  Fund. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  Gemral  Court  assembhd^  and  h^  tfic  authority  of  the 


1805. Chap.  70—73.  17 

sVame,  That  David  Goodwin,  William  Collier,  Silas  Niles,  John  Names  of  pet- 
Carter,  James  Harrison,  Jacob  Forster  and  Oliver  Holden,  ;°"^'J"£,P^* 
and  their  successors,  be,  and  they  hereby  are  incorporated  by 
the  name  and  title  of  the  trustees  of  the  Charlestovpn  charity 
fund,  and  shall  so  be  and  remain  forever,  and  by  the  said  name 
and  title  may  sue  and  prosecute,  and  be  sued  and  prosecuted 
to  final  judgment  and  execution. 

Sect.  2.      Be  it  further  enacted,  That  the  said  corporation  Corporation  to 
shall  have  a  common  seal,  and  may  alter  the  same   at  plea-  ^^''^  ^  T"^'a 
sure,  and  shall  have  power  to  make  bye-laws  for  the  govern-  to  make  We- 
ment  of  its  members  and  the  preservation   and   advancement  i^ws. 
of  its  property,  not  repugnant  to  the  laws  of  this  Common- 
wealth. 

Sect.  3.     Be  it  further  enacted,  That  the  said   trustees  shall  Corporation 
be,  and  they  hereby  are  made  capable  in   law,  of  receivins:  '"^y^^^'y®^ 

'  ,*'.  rii  •(••1  ,-*  giants  and  be- 

grants  or  devises  oi  lands  or  tenements,  in  lee  simple,  or  lor  quests. 
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  di- 
rections herein  after  mentioned. 

Sect.  4.     Be  it  further  enacted.  That  all  grants,  donations,  The  grants, 
devises  and   bequests  of  real  or  personal  estate,  made  to  the  ^^-^oconstu 

■  1  -111  •  r       1        I        ■  1-        tute  a  funn,  to 

said  corporation,  shall  constitute  a   tund,   the  interest  and  in-  be  devoted  to 
come  of  which  shall  be  appropriated  and  faithfully  applied  to  tiieuseofthe 
the  relief  of  the  poor  of  the  church  and  society  now  under  the  ^°°^' 
pastoral  care  of  the  Rev.   William   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  for  the  purpose 
abovementioned,  the  said  trustees  may  apply  the   surplus  to 
such  other  objects  as  they  shall  think  will  best  promote  the  in- 
terest of  said  church  and  society. 

Sect.  5.     Be  it  further  enacted.  That  all  vacancies   which  Vacancies  as 
may  happen  in  said  board  of  trustees,  shall  be  filled  by  said  '°  ^^^  board  of 

•/  I  I  '  ^  trustee^   to  iJQ 

church,  at  any  regular  meeting  thereof,  public  notice   being  fiHed  by  the 
given  of  the  said  meeting  on  the  Lord's  day  next  preceding  churoh. 
the  same. 

Sect.  6.     Be    it  further  enacted,  That  no  person   shall  be  Members  of 
eligible  to  a  seat  at  said  board,  who  is  not  a  member  of  said  the  church 
fhurch ;  and  that  every  member  who  is  duly  elected,  may  re-  oniy>'°ba 
tain  his  office  so  long  and  no  longer  than  he  is  a  member  of 
said  church,  and  in  regular  standing. 

Sect.  7.     Be   it  further   enacted.  That  Oliver  Holden,  be, 
and  he  is  hereby  authorized  to  call  the  first  meeting  of  said  First  meeting, 
trustees,  to  be  holden  at  such  time  and  place  as  he  shall  think 
proper.     [March  7,  1806.] 

An  Act  to  incorporate  Rufus   Davenport  and  others,   by  the  name  of  the  Cam-   Chap,  73* 
bridge-port  Aqueduct  Corporation. 

Sect.  1.  BR  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Rufus  Davenport,  Royal  Makepeace,  Jonathan  C.  f^T-Lf^T 

TT         *  T~\       '    1      Tkt  Ti  iT'iTi  sons  incoi  pO" 

JHastmgs,   Daniel   Mason,  John   Coate?  and  Josiah  Mason,  rated ;  corpo- 

VOL.   IV,  3 


18 


1805. 


Chap.  73. 


rate  name  ; 
allowed  to 
hold  land,  &c. 


Proprietors' 
meeting  to  be 
called  ;  officers 
elected ;  and 
bye-laws 
established. 


Any  highway 
may  be  dug  upi 


Persons  to  be 
punished  who 
wilfully  injure 
the  aqueduct. 


junior,  their  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  bodies  politic 
may  or  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  Cambridi;e- 
port,  (so  called,)  and  may  purchase  and  hold  in  said  Cam- 
brido-e-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  three  hundred  feet  square,  and  provided  also,  that 
the  whole  funds  of  the  corporation  shall  never  exceed  fifty 
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 
property. 

Sect.  2.  Be  it  further  enacted,  That  any  three  of  the  per- 
sons above-named,  may,  by  advertisement  in  one  or  more  of 
the  Boston  newspapers,  call  a  meeting  of  said  proprietors,  to 
be  holden  at  any  suitable  time  and  place  within  said  Cam- 
bridge-port, seven  days,  at  least,  after  such  advertisement ; 
and  the  proprietors,  by  a  major  vote  of  those  present,  ac- 
counting one  vote  to  each  share,  shall  choose  a  clerk,  agree 
upon  a  mode  of  calling  future  meetings  of  said  proprietors,  and 
may  also  elect  any  other  officers  which  to  them  shall  appear 
necessary,  for  carrying  into  effect  the  object  of  their  incorpo- 
ration, may  enjoin  and  order  fines  and  penalties  for  the  bi-e.ich 
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  meetings  to  represent  any  of  said  proprietors,  shall 
have  an  appointment  in  writing,  signed  by  the  person  so  to  be 
represented,  which  shall  be  filed  with,  or  recorded  by  the 
clerk  of  the  corporation,  whose  duty  it  shall  be  fairly  and 
truly  to  enter  and  record,  in  a  book  to  be  kept  for  that  pur- 
pose, this  act,  and  all  rules  and  bye-laws,  votes  and  proceed- 
ings of  said  corporation  ;  and  the  clerk,  chosen  as  aforesaid, 
shall  be  sworn  to  the  faithful  discharge  of  the  duties  of  his 
office. 

Sect.  3.  Be  it  further  enacted,  That  the  said  proprietors 
be,  and  they  are  hereby  authorized  to  enter  upon  and  dig  up 
any  highway  for  the  purpose  of  placing  such  pipes  as  may  be 
necessary  to  complete  said  aqueduct,  or  for  repairing  the 
same :  Provided,  they  do  not  thereby  in  the  least  impede  the 
passing  of  travellers. 

Sect.  4.  Be  it  further  enacted,  That  any  person  who  shall 
wilfully  injure  said  aqueduct,  shall  be  subject  to  the  same 
penalties  as  are  provided  in  the  second  section  of  an  act  en- 
titled "  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. 


1805. Chap.  73—74.  19 

Sect.  5.      Be  it  farther  enacted^  That  the  mode  of  selling  Modeoftrans- 
or  trai  siV:rring  the  shares  of  said  corporation,  shall  be  by  deed,  femng  shares, 
acknowledged   before  a  justice  of  the  peace,  and  recorded  by 
the  clerk  of  said  corporation,  in  a  book  kept  for  that  purpose. 

Sect.  6.  Be  it  further  enacted,  That  whenever  any  pro-  Shares  ofde- 
prietor  shall  neglect  or  refuse  to  pay  any  tax  or  assessment,  {j'g  sofj*'^  ""^^ 
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  delinquent  proprietor,  one 
or  more,  as  shall  be  sufficient  to  defray  said  taxes  and  neces- 
sary and  incidental  charges,  after  duly  notifying  in  one  or 
more  nev\'spapers  printed  in  Boston  or  Cambrid.,e-port,  the 
sum  due  on  any  such  shares,  and  the  time  and  place  of  sale,  at 
least  twenty  days  previous  to  the  time  of  sale,  and  such  sale 
shall  be  a  transfer  of  the  share  or  shares  sold,  to  the  person 
purchasing,  and  on  producing  a  certificate  of  such  sale  from 
the  treasurer  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.  [March  8,  1806.]  Add.  act— 1806 
ch.  91. 

An  Act  to  establish  a  fund  for  the  supijort  of  the   Gospel  Ministry  in  the  first  pa-    Chctp,  74. 
rish  of  the  town  of  Spriiijifield,  in  the  county  of  Hampshire,  and  to  appoint  trus- 
tees for  the  management  theicof. 

WHEREAS  the   inhabitants  of  the  first  parish,  in  the  town  preamble, 
of  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  brj  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Thomas  Dwight,  John  Hooker,  Jacob  Bliss,  George  Blake,  j^ames  of  per- 
Judah   Chapin,  George   Bliss,   and  Jonathan  Dwight,  jun.  so  sons  incorpo- 
long  as  they  shall  remain   inhabitants  of  said  parish,  be,  and  y^|g'^name'^^°* 
they  hereby  are  constituted  a  body  politic   and  corporate,  by  and  genera'l 
the  name   of  the  trustees  of  the  ministei'ial  fund  in  the  first  pa-  powers, 
rish  in  Springfield,  and  they  and  their  successors,  shall  be  and 
continue  a  body  politic  and  corporate,  by  that  name,  forever, 
and  shall  have  a  common  seal,  and  may  alter  the  same  at  their 
pleasure,  and  by  that  name  may  sue   and  be   sued,  in  all  ac- 
tions, real,  personal  and  mixed,  and  prosecute  and  defend  the 
same  to  final  judgment  and  execution :  And    the   said  trustees 
and  their  successors  may  and  shall,  annually,  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  receive  by  virtue  of  this  act. 

Sect.  2.    Be  it  further  enacted.  That  the  real  estate,  belong- 
ing to  the  said  parish,  appropriated  for  the  support  of  the 


20  1805. Chap.  74. 

Sed  wiib'the  ""'"'^^^y  thereof,  and  the  proceeds  of  the  sale  of  any  lands,  so 
estate,  wUh'  ^  appropriated  and  already  sold,  be,  and  hereby  are  vested  in 
power  to  sell,  said  trustees  and  their  successors;  and  the  said  trustees,  be, 
and  hereby  are  authorized  to  sell  and  convey  the  whole  or 
any  part  of  said  real  estate,  and  to  make,  execute  and  acknow- 
ledge, 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  ac- 
knowledged, 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  purchaser  thereof,  to  ail  intents  and  purposes  whatso- 
ever: Provided  hnzvever,  that  nothing  herein  contained  shall 
extend  to  the  northerly  half  of  the  home  lot  and  meadow  op- 
posite the  same,  until  the  said  first  pari-h  shall  authorize  the 
said  trustees  to  sell  and  convey  the  same. 
Number  of  Sect.  3.  Be  it  further  enacted,  That  the   number  of  trustees 

-anrthe  boa  d  ^^^}^  "°^  ^^  ^"7  ^^^^  ^^  """orc  than  seven,  nor  less  than  five  :  a 
authorized  to     major  part  of  whom  shall  constitute  a  quorum  for  transacting 
teeTa'^nVsu""!     ^"^'"^^.^  5  and   they   shall  and  may,  from  time  to  time,  fill  up 
vacanciCT^^  ^  vacancies  in  their  number,  which  may  happen  by  death,  resig- 
nation, removal  or  otherwise,  from  the  inhabitants  of  said  pa- 
rish ;  and   shall   have  power  to  remove  any  of  their  number, 
who  may,  from   age,  infirmity  or  misconduct,  become  unfit  to 
discharge  his  duty  :  And  the  said  trustees  shall  annually  hold 
a  meeting  in  March  or  April,  and  as  much  oftener  as   necessa- 
ry, to  transact  their  business  :     And  Thomas  Dwighl,  Esq.  is 
hereby  authorized  to  appoint  the  time   and  place  of  the   first 
meeting  of  said  trustees,  and  to  notify  them  accordingly  :    And 
said  meetings,  after  the  first,  shall  be  called  in  such  a  way  and 
manner  as  the  said  trustees  shall  direct. 
Trustees  em-         Sect.  4.  Be  it  further  enacted,  That  any  gift,  grant,  bequest 
powered  to  re-  or  devise,  hereafter  made  to  the  said   trustees,  shall   be  valid 
anrto^how'esl  ^"^  effectual  to  all  intents  and  purposes  whatsoever ;  and  they 
tate,  the  in-^'"  ^"^   ^^^'^  successors  as  aforcsaid,  are   hereby  empowered   to 
come  to  be  ap-  take,  have,  hold,  use  and  improve,  any  estate,  real  or  personal, 
the'luppo'lt'of   ^^  ^"""^^  '"^o^e  whereof  shall  not  exceed  the  sum   of  two 
the  minister,     thousand  dollars,  in  trust  for  the  support  and  maintenance  of  the 
gospel  ministry  in  said  parish  :  And  the  nett  annual  income,  or 
interest  of  said  fund  and  estate,  shall  by  said  trustees  be  annu- 
ally paid  to  the  regular  settled  and  ordained   minister  of  said 
parish,  unless  the  said  parish,  at  a  legal  meeting  for  that  pur- 
pose duly  assembled,  shall  direct  the  said  income  to  be  put  at 
interest,  as  an  accumulating  fund  :  And  during  any  vacancy  in 
the   said   parish,   of  a  regularly  ordained  ancf  settled  minister, 
such  income  shall  also  be  appropriated  to  the  increase  of  the 
principal  fund, 
the  fund  tore-      Sect.  5.  Be  it  further  enacted,  That  the   said   fund  shall   al- 
mam  unaiien-  ways  be  holden  and  claimed  to  be  unalienable,  and  shall  never 
be  used  or  applied  to  any  other  purpose  than  the  support  of  a 
settled  mmister  in  the  said  parish :  And  the  said  trustees,  their 
ofhcers,  agents  or  attornies,  shall  never  receive  any  compensa- 
tion, for  any  services  performed  by  virtue  of  this  act,  from  any 
part  of  said  fund. 


1 805. Chap.  74—75.  2 1 

Sect.  6.  Be  it  further  enacted^  That  it  shall  be  the  duty  of  Trustees  to  be 
the  said  trustees,  to  use  and  improve  such  fund  or  estate,  as  "sponsible, 
shall  be  vested  in  them  by  virtue  of  this  act,  so  as  best  to  pro- 
mote the  design  thereof :  And  each  of  the  said  trustees  shall 
be  personally  amenable  to  the  inhabitants  of  the  said  parish, 
for  his  neglect  or  misconduct,  in  the  management  and  disposi- 
tion of  said  fund  or  estate  ;  and  said  inhabitants  may  have  and 
maintain  a  special  action  of  the  case,  against  the  proper  per- 
sons of  such  trustees,  and  his  goods  and  estate,  for  such  negli- 
gence 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. 

Sect.  7.  Be  it  further  enacted,  That   the  said   trustees   shall  Trustees  to 
keep  a  fair  record  of  their  proceedings,  and  a  statement  of  their  ^^^^  ^  *^^"^  *',^" 

r       K  1  1      I      11  II  1  -1  •        r   •  r  1      cord,  and  make 

funds  and  estate,  and  shall  annually  exhibit  a  lair  copy  ot  such  a  statement 

statement,  to  the  inhabitants  of  the  said  parish,  at  their  annual  annually. 
meeting  in  the  month  of  March  or  April. 

Sect.  8.  Be  it  further  enacted,  That  when  final  judgment  shall  Trustees  guilty 

be  rendered  against  any  of  said  trustees  for  ncg-lect  or  miscon-  of^  '"'^conduct 

T  •  /••!    -111111  be  removed ; 

duct  in  the  management  or  disposition  of  said  iund,  he  shall  be  and  the  parish 
thereby  disqualified  from  continuing  a  trustee  ;  and  in  case  said  to  fill  vacancies 

.  1      11         .         vi  •      .1  ?u        r.  u    •    J  »  ifthe  board  does 

trustees  shall  not,  within  three  months  alter  such  judgment,  re-  not  seasonably. 
move  such  delinquent  trustee,  and  elect  another  in  his  stead,  or 
shall  permit  any  vacancy  by  which  their  number  shall   be   re- 
duced to  less  than  five,  to  remain  unfilled  for  more  than    three 
months,  it  shall  be  lawful  for  the  said  parish  to  fill  such  vacan- 

Sect.  9.  Be  it  further  enacted^  That  the  monies  arising  from  The  trustees  to 
the  sale  of  said   lands  or  otherwise,  in  the  hands  of  the  said  ''''^P  5'^^  '"*'"" 

6V  3.t  inlcrGSt* 

trustees,  shall  be  by  them  put  and  kept  at  interest,  as  much  as 
may  be,  and  secured  by  mortgage  of  real  estate  to  the  full  va- 
lue of  the  estate  sold  or  let,  or  by  two  or  more  sufficient  sure- 
ties with  the  principal.     [March  8,  1806.] 

An  Act  to  incorporate  Jonathan  Hunewell  and  others,  into  a  society,  by  the  name    Chop,  75. 
of  the  Massachusetts  Charitable  Mechanic  Association. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same,  xhe  eenerai 
That  Jonathan  Hunewell,  and  all  those  who  have,  or  may  here-  powers  of  the 
after  associate  with  him,  be,  and  they  are  hereby  incorporated  corporation, 
and   made  a   body  politic,  by  the  name   of  the   Massachusetts  p"ses  for  which 
Charitable   Mechanic  Association,  and  by  that  name  shall   be  bye-laws  may 
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-laws  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  whatsoever. 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation  shall  Amount  of  real 
have  power,  and  shall  be  capable  in   law,  to  purchase,  have,  eslatra^nowed 
hold,  use,  take,  possess,  retain  and  enjoy,  in  fee  simple  or  oth-  to  be  held, 
erwiscj  any  personal  or  real  estate,  within  this  Commonwealth, 


22  1805. Chap.  75—76. 

not  exceeding  the  value  of  forty  thousand  dollars  in  real  estate, 

and  ten  thousand  dollars  in  personal  estate ;  and  the    same   to 

sell,  ahen  and  dispose  of,  at  their  pleasure. 

Objects  to  Sect.  3.  Be  it  further  enacted,  That  the  annual  income  of  said 

which  the  in-     Corporation  shall  only  be   employed  for  the  purpose  of  reliev- 

come  IS  devo-    ing  the  distresses  of  unfortunate  mechanics  and  their  families, 

to  promote  inventions  and  improvements  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  corporation  shall 
S'nt^n^foToV"  b^  a"d  continue  for  and  durins;  the  term  of  ten  years,  unless  the 
years.  legislature  shall,  wuhm  that  time,  see  fit  to  dissolve  the  same. 

Sect.  5.  Be  it  further  enacted.  That  Jonathan  Hunewell,  Ben- 

•rersons  autho-    •        •      t>  ii  i  t->  •     tut-    •    i        i  i    i  i  i 

medtocaiiihe  jan^i"  Kussell  and  Francis  Wnght,  be, and  they  hereby  areau- 
iirst  meeting,  thorized  and  empowered  to  call  the  first  meeting  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.  [March  8,  1806.]  Contin- 
ed— 1813  ch.  186. 

Chap.  76.  An  Act  to  remove  and  prevent  obstructions  to  the  passage  of  Shad,  Alewives  and 
other  fish,  in  Parker-river  and  the  Falls-river,  so  called,  in  the  county  of  Essex, 
and  the  streams  and  brooks  running  into  the  said  Falls-river. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Owners  of        That  all  the  owners  or  occupants  of  any  mill-dam,  or  other  dam 
and  keep  open  heretofore  erected  and  made,  or  that  shall  be   hereafter  made 
passage-ways    across  the  rivcrs,  streams  or  brooks  aforesaid,  shall,   at   their 
Jor  the  fish.       ^^^^   cxpcnse,   within   six  months  after  the  passing  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   ex- 
pense, keep  open  such  passage-ways,  from  the  fifteenth  day  of 
April  to  the  first  day  of  June,  in   every  succeeding  year;  ar.d 
no  owner  or  occupant  of  any  such  mill-dam,  shall,  at  any  time 
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 
nol  to   leave   the  sluice-ways,  which  shall   be   made  as   afore- 
said, full  of  water ;  and  if  any  such  shiice-way   be   closed   or 
shut  within  the   times  aforesaid,  the  owner  or  occupant  of  the 
,  dam  where  such  sluice-way  is  made,  and  also  every  such  own- 
er or  occupant  who  shall  draw  off  the  water  at  his   mill,  con- 
trary to  the  provisions  of  this  act,  shall  fori^it  and  pay  a   sum 
not  exceeding  five  hundred  nor  less  than  one  hundred  dollars 
for  each  oilence,  to  be  recovered  by  indictment  before  the  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  town  where  the  offence  shall  be 
committed. 
Aaron  Hobart,       Sect.  2.  .^nd  whereas  the  petitioners  for  the  removal  of  said 
mme'the'^piaces  o^istructions,   and  the  parties  interested   in   the  several   dams 
for,  and  dimen- aforesaid,  have  mutually  agreed  that  Aaron  Hobart,  Esquire, 
sions  of  the       gf  Abington,  be  appointed  to  repair  to  said  dams,  at  the  expense 


1805. Chap.  76—77.  23 

oi  the  said  petitioners,  and  to  determine  the  dimensions  and  the 
most  proper  place  in  each  dam  for  the  passage-ways  aforesaid : 

Be  it  further  enacted^  That  the  said  Aaron  Hobart,  Esquire, 
be,  and  he  is  hereby  appointed  to  repair  to  and  examine  said 
dams  at  the  expense  of  the  said  petitioners,  and  there  to  order 
and  determine  the  most  proper  place  at  each  dam  for  making 
such  passage-ways  ;  the  breadth  and  depth  thereof,  and  the 
manner  in  which  they  shall  be  made  ;  and  to  make  a  return  in 
writing,  on  or  before  the  first  day  of  July  next,  of  his  doings 
herein,  into  the  office  of  the  secretary  of  this  Commonwealth, 
to  be  there  filed  and  kept  with  the  records  of  the  Common- 
wealth :  And  every  such  passage-way,  made  and  kept  confor- 
mably to  the  order  and  determination  of  the  said  Aaron  Ho- 
bart, to  be  made  as  aforesaid,  shall  be  taken  and  considered  as 
a  good  and  sufficient  way  for  the  passage  of  said  fish,  accord- 
ing to  the  provisions  of  this  act. 

Sect.  3.  Provided  nevertheless,  and  be  it  further  enacted.  That 
if  the  said  Aaron  Hobart  shall  not,  on  or  before  the   said   first  Court  of  Ses- 
day  of  July  next,  make  his  order  and  determination  in  the  pre-  tu°"'^°^''"^ 

•  I*'  1  r  •  I     ,1        /-I         .      f    c        •  passage- 

mises,  and  return  the  same  as  aforesaid,  the  Court  oi  bessions  ways,  in  case 
for  the  county  of  Essex,  shall  and  may  at  any  term  thereof,  on  Aaron  Hobart 
the  application  of  any  party  interested,  cause  the  place,  and 
the  dimensions  of  such  passage-ways  round  or  through  the  sev- 
eral dams  aforesaid,  to  be  fixed  and  determined  in  the  manner 
heretofore  provided  by  law  :  And  in  case  any  new  dams  shall 
be  hereafter  erected  and  made  across  any  of  the  rivers,  streams 
or  brooks  aforesaid,  the  said  Court  of  Sessions  shall  and  may, 
in  like  manner,  cause  the  place  and  dimensions  of  the  passage- 
ways round  or  through  said  new  dams,  to  be  fixed  and  deter- 
mined according  to  law:  And  provided  also,  that  this  act  shall 
be  in  force  until  the  first  day  of  May,  which  will  be  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  sixteen,  and 
until  the  end  of  the  then  next  session  of  the  General  Court,  and 
no  longer.  [.¥arf/i  8,  1806.]  Add.  acts— 1808  ch.  91  :  1812 
ch.  106. 

An  Act  in  addition  to  act  entitled  "  An  act  regulating   in  certain  particulars   the  Chap,  77. 
improvements  of  Pluinb-Island,  in  the  county  of  Essex,  and  repealing  an  act  for 

the  effectual  preventing  of  horses,  neat  cattle,  sheep  and  swine,  from  running  at  '        *°*  '*•""• 

larije  or    feeding  upon  a  certain  island  called   Plumb-Island,  lying   in   Ipswich-  1792  ch.  14. 

bay,  in  the  county  of  Essex,"  passed  in  the  year  of  our  Lord,  one  thousand  seven  /y^  j^  p^  ggg  ) 
hundred  and  thirty-nine. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the.  same, 
That  the  third  section  of  the  act  to  which  this  is  in  addition,  of  former  law 
entitled  "  An  act  regulating  in  certain  particulars  the  improve-  repealed, 
ments  of  Plumb-Island,  in  the  county  of  Essex,  and  repealing 
an  act  for  the  effectual  preventing  of  horses,  neat  catde,  sheep 
and  swine,  from  running  at  ^arge  or  feeding  upon  a  certain  isl- 
and lying  in  Ipswich-bay,  in  the  county  of  Essex,"  passed  in 
the  year  of  our  Lord,  one  thousand  seven  hundred  and  thirty- 
nine,  be,  and  hereby  is  repealed. 

Sect.  2.  Be  it  further  enacted,  That  the  appropriation  of  the  Newappropri* 
fines,  provided  for  in  the  first  section  of  the  act  to  which  this  is  fine»!°^*''* 


^4  1805.  ' Chap.  77~7a 

in  addition,  be,  and  hereby  is  repealed  ;  and  that  the  said  fine^ 
be,  and  hereby  are  appropriated  to  and  for  the  use  of  the  per- 
son  or  persons  prosecuting  therefor.     [Jl/arc/i  7,  1806.] 

Chap.  78.  An  Act  to  incorporate  the  proprietors  of  the  Meeting-house  in  Williamstovvn. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same 
Corporate         That  the  persons  who  now  are,  and  who  hereafter  shall  bepro- 
erTpowers!""  F'^^c^'s  ^f  ihe  meeting-house  in  Williamstown,  in  the  county  of 
Berkshire,  be,  and  they  hereby  are  incorporated  and  made  a 
body  politic  by  the  name  of  the  Meeting-house  corporation  in 
Williamstown,  and  by  that  name  may  sue  and  be   sued,  and 
shall  be  invested  with  all  the  powers,  privileges  and  immunities 
to  which  similar  corporations  in   this  Commonwealth  are   enti- 
tled 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. 
Proprietors  au-       ^^^'^'  ^'  Be  it  further  enacted,  That  the   proprietors   of  said 
thorizedto         house,  be,  and  they  hereby  are  authorized  and   empowered  to 
asle'sTems  ^  ^^\^'  ^^  ^"  assessment  on  the  pews  and   seats  in   said   house, 
and  the  inter-    ^^^h  sum  or  sums  of  money  for  finishing  and  keeping  said  house 

quit't  ^     'r  ""^P"""''  ^'  ^^^-^  '^^'*  ^^''^^  °"  ^^  ^"3^  'egal  meeting  called  for 
sold.  ^"J^^  purpose,  and  the  same  may  assess,  or  cause  to  be  assess- 

ed upon  such  pews  and  seats,  as  the  proprietors,  at  any  such 
meetmg,  shall  deem  proper,  according  to  the  respective  valua- 
tion made  thereof,  and  recorded  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  said   corporation  shall   be   autho- 
rized 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  the  front  door  of  said  house, 
and  at  some  public  licenced  house  or  shop,  at  the  south  part  of 
said  Williamstown,  and  also  by  publishing  the  same  in  the  nigh- 
est  newspaper  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  treasu- 
rer shall  pay  the  surplus,  (if  any  there  be,)  to  such  delinquent 
proprietor. 
Any  Justice  of        Sect.  3.     Be   it  further   enacted,  That  any  Justice  of  the 
;h:corn^;i::ay  ^^'"^  i?  ^^i^   ^^T'^  °^  Berkshire,  be,  and  be  is  hereby  em- 
issue  his  war-    powered  to  issue  his  warrant  to  some  principal  member  of  the 
rant  for  the       Said  Corporation,  requiring  him  to  warn  the  members  thereof  to 
tirst  meeting,     meet  at  such  time  and  place  as  shall   be  theiein  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   moderator  of  that  and  all   future 
meetings  shall  have  power  to  administer  the  oath  of  office  to 
the  clerk  5  and  all  the  offigers  thus  to  be  chosen,  shall  continue 


1805. Chap.  79—81.  25 

lill  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  vole,  and  no  more,  in  all  meetings  of  said  corporation. 
[March  8,  1 806.] 

An  Act  to  annex  Samuel  Page  and  others,  in  that  part  of  Danvers,  in  the  county  ChcLp*  79« 
of  Essex,  lately  the  south  parish,  to  the  north  parish  in  the  said  town. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Samuel  Page,  John  Er.dicott,  Moses  Endicott,  Nathaniel  Putnam, 
Samuel  Fowler,  jun.  Caleb  Oaks,  Williatn  Pinder,  Jasher  Need- 
ham,  John  Gardner,  jun.  and  Amos  Flint,  all  of  the  town  of 
Danvers,  in  the  county  of  Essex,  with  their  respective  polls  1793 ch. 25. 
and  estates,  being  in  that  part  of  Dativers,  lately  the  south  ^^'  *  P"  '^'^^'^ 
parish,  be,  and  hereby  are  annexed  to  the  north  parish  of  said 
Danvers,  there  to  enjoy  all  the  privileges  of  the  said  north 
parish,  and  to  pay  their  proportion  of  all  necessary  charges 
that  may  arise  therein,  so  long  as  the  act  continues  in  force,  to 
empower  the  proprietors  of  the  south  meeting-house  in  the  late 
south  parish  in  Danvers,  to  raise  money  by  a  tax  on  the  pews 
and  seats  in  said  meeting-house.     [March  8,  1 806.] 

An  Act  to  incorporate  the  proprietois  of  The  First  Universalis!  Society  in  Bos-  Chap.  81. 
ton.  ' 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  persons  who  now  are,  and  who  hereafter  may  become  Proprietors  of 
proprietors  of  the  meeting-house,  and  of  the  land  under,  and  ^'^^  meeting- 
belonging  to  the  same  in  the  town  of  Boston,  now  occupietl  by  ^a'te'd.  '"'^°'^P°' 
the  denomination  of  christians  commonly  called  Universalists, 
wherein  the  Rev.  John  Murray  is  now  ordained  as  pastor  and 
teacher,  be,  and  they  are  hereby  incorporated  and  made  a  bo- 
dy-politic, and  religious  society,  by  the  name  of  the  First  Uni- 
versalist  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  :  And  the  said  society  shall  be  capable  in  law 
to  purchase  and  hold  estate,  real  or  personal,  for  the  use  of 
said  socie'y,  provided  the  annual  income  thereof,  shall  not  ex- 
ceed, at  any  time,  the  value  of  three  thousand  dollars. 

Sect.   2.     Be  it  further  enacted.  That  the  proprietors  of  the  Monies  may- 
said  house  be,  and  they  are  hereby  authorized  and  empowered  be  raised  by 
to  raise,  by  assessment,  on   the  pews  and  seats  in  said  house,  STheSs 
such  sum  or  sums  of  money,   for  the  settlement   and  mainte-  of  delinquents 
nance  of  a  minister  or  ministers,  repairing  said  house,  and  ">ay  be  sold, 
other  expences  of  public  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  meet- 
ing, shall  deem  proper,  according  to  the  respective  valuation 
made  thereof,  and  recorded  in  the  proprietors'  book,  and  the 
sums  so  assessed  shall  be  paid  by  the  proprietors  of  such  pews 

VOL.  IV.  4 


26 


1805. 


Chap.  81—89. 


J,  HunewelJ, 
Esq.  authoris- 
ed to  issue  a 
warrant  for 
first  meeting. 


Chap.  89. 


Corporate 
name,  and  ge- 
neral'powers. 


Selectmen  of 
Boston  to  lay- 
out the  street  ; 
with  directions 
how  it  shall  be 
made,  and 
within  what 
time. 


Number  of 
shares  to  be 
agreed  upon, 
and  assess- 
ments to  be 
made. 


and  seats  ;  and  if  any  proprietor  siiall  neglect  to  pay  such  as- 
sessment, 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  de- 
linquent 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  assess- 
ment, with  legal  interest  thereon,  from  the  time  of  the  assess- 
ment, with  incidental  charges,  the  treasurer  shall  pay  the  sur- 
plus, if  any  there  be,  to  such  delinquent  proprietor. 

Sect.  3.  Be  it  further  enacted^  That  Jonathan  Hunewell, 
Esq.  or  any  other  justice  of  the  peace,  for  the  county  of  Suf- 
folk, be,  and  he  is  hereby  empowered  to  issue  his  warrant,  di- 
rected to  some  member  of  the  said  society,  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  respective  offices  ;  and  the  moderator  at  that,  and  at  all 
future  meetings,  shall  have  power  to  administer  the  oath  of 
office  to  the  clerk.     [March  8,  1806.] 

An  Act  to  establish  the  Pond  Street  Corporation. 

WHEREAS  the  opening  a  road  or  street  from  Charles 
River  Bridge  across  the  Mill  Fond  in  Boston,  would  be  a  great 
public  accommodation  : 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  James  Robinson,  Perkins  Nichols,  and  their  asso- 
ciates and  successors,  be,  and  hereby  are  incorporated  and 
made  a  body  politic,  by  the  name  of  the  Pond  Street  Corpora- 
tion, and  by  that  name  may  sue  and  be  sued,  and  shall  be, 
and  hereby  are  vested  with  all  powers  and  privileges  incident 
to  similar  corporations,  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  farther  enacted.  That  the  selectmen  of  said 
town  of  Boston,  shall  be  a  committee  to  lay  out  said  street, 
which  shall  be  made  at  the  least  sixt}^  feet  wide,  of  solid  earth 
or  gravel  ;  the  southwesterly  side  thereof,  shall  be  faced  with 
stone  to  the  heighth  of  the  water  at  low  tide,  and  the  north- 
easterly ^ide  with  timber;  suitable  railing  shall  be  erected  on 
the  sides  thereof,  to  the  approbation  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  all  persons, 
as  a  common  public  street. 

Sect.  3.  Be  it  further  enacted,  That  said  corporation  may, 
at  any  legal  meeting,  agree  upon  the  number  of  shares  into 
which  said  street  shall  be  divided,  not  exceeding  fifty,  and 
shall  have  power  to  make  assessments  on  said  shares  from 


1805. Chap.  89—91.  27 

time  to  time,  as  occasion  may  require,  and  to  collect  the  same 
in  such  way  and  manner  as  the  corporation  may  determine. 

Sect.  4.     Be  it  further  enacted^  That  any  two  of  said  cor-  How  a  meeting 
poration  may  call  a  meeting,  by  advertising  the  same  in  any  may  be  called, 
one  of  the  public  newspapers  printed  in  Boston,  at  least  seven  officers*^ &c!&c. 
days  before  the  time  of  such  meeting ;  and  at  that  or  any  other 
meeting,  may  elect  a  clerk,  treasurer,  and  such  other  officers 
as  they  may  think  proper,  and  the  same  at  pleasure  change  or 
remove  :  All  transactions  of  the  corporation  shall  be  deter- 
mined by  a  major  vote  of  the  members  present,  at  any  legal 
meeting. 

Sect.  5.     Be  it  further  enacted^  That  nothing  herein  contain-  The  interest  of 
ed  shall  be  construed  to  alter  or  affect  the  right,  interest  or  es-  the  town,  &c. 

^    ,  ,.    _  ,  ^      ^  .        in  the  land 

tate  01  the  town  ol   Boston,  or  any  other  person  or  persons  m-  thro' which  the 
terested  in  the   land,  through  or  over  which  said  street  shall  street  may  go, 
be  laid,  excepting  so  much  as  the  said  street  shall  actually  fec"ted.° 
cover. 

Sect.  6.     Be  it  firlher  enacted^    That  the  said  corporation  Corporation  to 
shall  be  holden  to  pay  all  damao-es  which  shall  arise  to  any  P^y  ^"^"  ^'^ 

.    "^    V  ,  .         ,  ■?  1     •     1        1  r  -1  damages  occa- 

person  or  corporation,  by  takmg  his  or  their  land  tor  said  way,  sjoned  by  tak- 
(where  the  same  cannot  be  obtained  by  voluntary  agreement,)  ingiand. 
to  be  estimated  by  a  committee  of  the  Court  of  General  Ses- 
sions of  the  Peace  for  the  county  of  Suffolk,  saving  to  either 
party  a  right  of  trial  by  jury,  according  to  the  law  which 
makes  provision  for  the  recovery  of  damages,  by  laying 
out  public  highways.  [March  11,  1806.]  Add.  act— i  808 
ch.   1. 

An  Act  to  regulate  the  taking  and  disposing  of  the  Fish  called  Shad  and  Alewives,   Ckctp.  91. 
within  the  limits  of  the  Town  of  Hiiigham,  and  for  tiie  effectual  securing  to  the 
said  town  the  advantages  thereof. 

Sect.   1.     BE  it  enacted  bi/  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and   by  the   authority  of  the 
same.  That  the  taking  and  disf.osing  of^he  said  fish,  called  A '^""""'"g^ [J 
Shad  and  Alewives,  in  the  town   of  Hingham,  shall  be  under  have^t'i^e'care 
the  care  and  management  of  a  committee  of  the  said  town,  who  and  manage- 
shall  dispose  of  said  fish,  in  such  manner  as  they  shall  judge  g^^jj"^/^ ''^^ 
most  beneficial  to  the  town,  and  shall  render  to  the  town  trea- 
surer, 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 
March  or  April  annually,  who  shall  be  sworn  or  affirmed  to 
the  faithful  discharge  of  their  duty  ;  and  if  any  person  cho- 
sen to  serve  on  the  said  committee,  or   if  chosen  shall  neglect 
to  take  the  oath  or  affirmation,  for  the  space  of  seven  days,  af- 
ter being  legally  notified   of  such  choice,  he  shall  forfeit  and 
pay  to  the  use  of  the  said  town,  the  sum  of  ten  dollars. 

Sect.  2.     Be  it  further  enacted.  That  the  said  committee  or  Committee  to 
a   majority  of  them,  shall  have  full  power  and  authority  to  "P*^",!^  P^^' 
open  a  sumcient  passageway  for  said  nsh  from  the  waters  in  Accord  Pond, 
Ware  river,  so  called,  into  Accord  pond,  so  called,  and  to  re-  and  direct  the 


28 


1805. 


Chap.  91—92. 


places  where 
the  fish  may- 
be taken. 


Penalty  for  il 
Jesjillv  t 
the  fish. 


The  Town 

Treasurer  to 
prosecute. 


Chap.  92. 

1803  ch,  114. 
(V.  :i  p.  375.) 
J804  ch.  3. 
(V,  3  p.  442.) 


move  from  out  of  the  river,  brooks,  or  streams,  issuing  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  committee  ;  or  either 
of  them,  going  on  to  the  land  of  any  person  or  persons,  for  this 
purpose,  shall  not  be  deemed  trespassers  ;  and  the  said  com- 
mittee, or  the  major  part  of  them,  shall  determine  the  particu- 
lar 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  Fri- 
da}-,  between  the  rising  and  setting  of  the  sun,  on  the  said 
diys,  nor  by  any  other  instrument  than  by  a  scoop  or  dip 
net. 

Sect.  3.  Be  it  further  enacted.  That  no  person  shall  catch 
or  take  any  of  the  said  fish  in  any  of  the  waters  issuing  from 
Accord  pond,  or  in  any  other  streams,  within  the  said  town, 
without  the  leave  of  the  said  committee,  or  the  major  pai-t  of 
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  Ware  river,  through  which  the  said  fish  pass 
into  the  said  pond,  or  shall,  with  any  seine  or  drag  net,  or  in 
any  other  way,  obstruct  the  passage  of  the  said  fish  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  shall,  for  each 
offence,  forfeit  and  pay  a  sum,  not  exceeding  ten  dollars,  nor 
less  than  five  dollars  ;  and  in  case  the  offence  be  committed  in 
the  night,  a  sum  not  exceeding  twenty  dollars,  nor  less  than 
ten  dollars. 

Sect.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  said  committee  to  give  notice  to  the  treasurer  of  the  said 
town  of  Hingham,  of  all  olicnces  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  breach  of  this  act,  in  any  court  proper  to  try  the  same  ; 
and  such  fines  and  forfeitures  shall  be  to  the  use  of  the  said 
town,  saving  where  any  person  shall  give  information  of  any 
breach  of  this  act,  the  informer,  upon  conviction  of  the  offen- 
der, shall  be  entitled  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  account 
of  his  being  an  inhabitant  of  the  said  town  of  Hingham,  or  of 
his  being  one  of  the  committee  aforesaid.     [March  12,  1806.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  certain  persons 
for  the  ptirpose  of  making;  a  Street  from  Rainsford'sLane,  in  the  Town  of  Boston, 
to  the  Bridfi;e  proposed  to  be  built,  from,  at,  or  near  the  town's  landing  to  Dor- 
chester Neck. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled^  and  by  the  authority  of  the; 


pense. 


]805. Chap.  94.  29 

same,  That  the  Front-street  Corporation  be  authorized  to  erect  Corporation 
a  fence  or  fences,  alone  the  sides  of  said  street,  at  such  places,  authorized  to 

,  ^  r  \  ' J.  C  6rCCt  3.  l6nC6> 

as  to  them  shall  appear  necessary,  for  the  security  ot  persons  ^nd  to  lay  an 
and  carriasjes  passing  over  the  same  ;  and  that  they  have  au-  assessment  to 
thority  to  ^raise,  by  an  assessment,  or  tax,  to  be  made  and  le-  ^^^'""^  ^''^  ^''- 
vied  in  the  manner  appointed  in  the  third  section  of  said  act, 
such  sums  of  money,  as  shall  be  sufficient  for  making  the  fence 
aforesaid. 

Sect.  2.     Be  if  further  enacted.  That  when  all,  or  any  part  Fence  may  be 
of  the  flats  adjoining,  shall  be  filled  up,  or  covered  to  a  level  removed  in  car- 
with  the  surface  of   said  street,  and    to   the  extent  of  thirty 
feet  on  either  side  thereof,  it  shall  be  lawful  for  the  proprietor 
or  proprietors  of  the   contiguous    estate   to  remove  the   fence 
upon  such  side  or  part,  but  not  otherwise.     [March  12,  1806.] 

An  Act  to  incorporate  a  number  of  the  inhabitants  of  the  town  of  Salem,  in  the    Chap.  94. 
county  of  Essex,  into  a  society  by  the  name  of  The  Baptist  Society  in  Salein. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  nf  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Edward  Russell,  John  Page,  Daniel  Pierce,  Stephen 
Webb,  Benjamin  Webb,  William  Luscomb,  Michael  Webb,  Names  of  per- 
Daniel  H.  Mansfield,  Ebenezer  Secomb,  John  Grant,  Robert  5°;'^'^"'^''''"°- 
Foster,  Benjamin  Blanchard,  Daniel  Carlton,  James  Very,  Jo- 
seph Gardner,  Joseph  Daland,  Frederick  Putnam,  Tthuril  Hin- 
man,  John  Skery,  John  Chandler,  John  Rust.  Ephraim  Skery, 
Levi  Mecumber,  Jabez  Baldwin,  Joseph  Vincent,  William 
Morrow,  Stilman  Lothrop,  David  Murphy,  Thomas  Teague, 
Benjamin  Deland,  Addison  Richardson,  Pyam  Dodge,  Benja- 
min Tay,  George  West,  Samuel  Peters,  Bartholomew  Brown, 
Nathaniel  Garland,  John  Dunklee,  Josiah  Austin,  John  Wilson, 
James  Ingalls,  Isaac  Very,  William  Price,  William  Stickney, 
Benjamin  Sweett,  John  Warden,  jun.  Joseph  Edwards,  John 
Hathorne,  jun.  William  Hathorne,  jun.  James  Odell,  Daniel 
Bancroft,  Samuel  Randall,  Robert  Cluston,  Allen  Goodrige, 
William  Lefavour,  Peter  Frye,  John  Fillebrown,  Solomon 
Chaplain,  Richard  Tufts,  Thomas  Whitheridge,  Joseph  Ropes, 
Benjamin  Crowningshield,  John  Brown,  with  such  other  per- 
sons as  shall  associate  and  become  interested  with  them  in 
manner  hereinafter  mentioned,  be,  and  they  hereby  are  incor- 
porated and  made  a  body  politic,  by  the  name  of  The  Baptist 
Society  in  Salem. 

Sect.  2.  Be  it  Jurther  enacted,  That  the  said  corporation  Corporation 
may  purchase  and  hold  the  lot  of  land  in  Salem  aforesaid,  ^IJ^Jg^*^  ^° ''°^'' 
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  exceed  three  thousand  dollars.  And  the  said  corpo- 
ration 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  the 
management  of  the  corporate  property,  that  a  major  part  of 
$he  members  present,  (calculating  according  to  their  respective 


30 


1805. 


Chap.  94. 


How  a  mem- 
ber's property 
is  to  be  calcu- 
lated. 


Monies  to  be 
raised  ;  and 
thp  shares  of 
delinquents 
directed  to  be 
sold. 


First  meeting 
how  to  be  cal- 
led, and  what 
officers  may  be 
(.hoscii. 


interests,)  shall  think  for  the  best,  provided  the  same  are  not 
contrary  to  the  constitution  and  laws  of  this  Commonwealth  ; 
and  IS  invested  with  all  the  powers,  privileges  and  immuni- 
ties, 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  beino-, 
shall  be  calculated  according  to  their  respective  rights  and  in- 
terests in  the  pews  and  seats  of  the  meeting-house  tately  built 
as  aforesaid,  at  the  valuation  thereof,  which  hath  been  made  ; 
and  all  persons,  who  shall  become  proprietors  or  interested  in 
said  pews  and  seats,  shall  be  deemed  to  have  associated  with, 
and  shall  become  members  of  this  corporation,  according  to 
their  respective  interests  in  such  pews  or  scats. 

Sect.  4.     Be  it  further  enacted,  That  the  said  Corporation 
are  hereby  authorized  to  raise,  by  an  assessment  on  the  pews 
and  seats  in  the  said  meeting-house,  such  sum  and  sums  of  mo- 
ney, for  the  settlement  and  maintenance  of  a  minister  or  minis- 
ters, for  the  purchase  of  said  lot  of  land,  for   building  up   and 
repairing  the  meeting-house,  and  for  defraying  the 'other  ex- 
pences  of  public  worship,  with  incidental  charges,  as  the  mem- 
bers of  the  same  shall  agree  on,  at  any  legal  meeting  to  be  cal- 
led 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  legal- 
ly 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 
all  the  estate,  share  and  interest  of  such  delinquent  proprietor 
in  the  said  corporation,  at  public   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  delinquent's  assessment,  to- 
gether with  legal  interest  thereon,  from  the  time  the  same  was 
made,  and  all  incidental  costs  and  charges,  the  said  treasurer 
shall  pay  the  surplus,  if  any  there  be,  to  such  delinquent  pro- 
prietor. 

Sect.  5.  Be  it  further  enacted,  That  Ezekiel  Savage,  Esq. 
be  and  hereby  is  authorized  and  directed  to  issue  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  moderator  of  that  and  all  future 
meetings  shall  have  power  to  administer  the  oath  of  office  to 
the  clerk  ;  and  the  committee  appointed  at  that  or  any  other 
meeting  of  said  proprietors,  legally  called  for  that  purpose, 
shall  have  power  and  authority  to  assess  and  apportion  on  the 
pews  and  seats  in  said  meeting-house,  all  such  sum  and  sums 
of  money  as  the  members  of  said  corporation  shall  lawfully 
agr.ee  to  raise,  and  shall  also  be  authorized  to  execute  and  de= 


1805. Chap.  96—102.  31 

Hver,  in  the  name  and  behalf  of  said  corportion,  deeds  of  the 
pews  and  seats  in  said  meeting-house.     [March  12,  180G.] 

An  Act  to  establish  a  corporation  by  the  name  of  The  Alford  and  Egvemont  Turn-   Chap*  96. 
pike  Corporation. 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
iatives^  in  Geyieral  Court  assembled,  and   by   the   authority  of  the 
same,  That  James  Baldwin,  Isaac  Beach,  Jared  Canfield,  John  Names  of  the 
C.  Cline,  George  Darby,   Isaac  Hatch,  Francis  Heare,  John  persons  incor- 
Hollenbach,    Michael    Hollenbach,    Octavius   Joyner,    Elisha  ^ourleofthf 
Lee,  Joshua  Millard,  Joshua   Millard,  junior,  John  Osbourn,  road. 
Andrew  Race,  Nicholas  Race,   Josiah  Webb,   and  Cornelius 
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  Turnpike  Corporation,  for  the  purpose  of 
laying  out,  making  and  keeping  in  good  repair,  a  turnpike  road 
thro'  the  towns  of  Egremont  and   Alford  ;  beginning  at  the 
line  dividing  this  Commonwealth  from  the  state  of  New- York, 
at  the  termination   there   of  the   Hillsdale  and  Chatham  turn- 
pike, in  the  state  of  New- York,  near  the  dwelling-house  of  Ne- 
hemiah  Clason  ;  thence  southerly,  near  the  dwelling-houses  of 
Josiah  Curtis,  George   Dar])y,  and  Ebenezer   Hatch,   to   the 
dwelling-hou.-ie  of  Joshua  Millard  ;  thence  near  the  dwelling- 
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  Francis  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  contained  in  an  Act,  entitled,  "An  1904  ch.  125, 
Act  defining  the  geiieral  powers  and  duties  of  turnpike  corpo- 
rations," 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  Part  of  the  toll 
toll,  which  shall  be  received  at  the  turnpike  gate,  which  may  to  be  paid  over 
be  erected  on  the  said  turnpike  road,  in  the  town  of  Alford,  xumpike. 
shall  enure  to  the  benefit  of  the  Twelfth  Massachusetts  Turn- 
pike Corporation,  and  the  same  shall  be  paid  over  to  the  trea- 
sui'er  thereof,  at  the  expiration  of  every  three  months,  by  the 
treasurer  of  the  Alford  and  Egremont  Turnpike  Corporation. 
And  it  shall  be  the  duty  of  both  said  corporations,  in  their  an- 
nual exhibits,  to  be  made,  according  to  the  ninth  section  of  the 
act,  defining  the  general  powers  and  duties  of  turnpike  corpora- 
tions, 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  Corpora- 
tion, shall  be  deemed  and  taken  as  p;irt  of  their  income,  to  all 
intents  and  purposes.  [March  13,  1806.]  Add.  acts — 1810 
ch.  30:   1811  ch.  68. 

An  Act  to  incorporate  Benjamin  Lincoln  and  others,  into  a  society  by  the  name  Chop*  102. 
of  The  Society  of  the  Cincinnati,  within  the  State  of  Massachusetts. 

WHEREAS  upon  the  dissolution  of  the  American  revolu- 


32 


1805. 


Chap.  102—103. 


Corporate 
name,  and 
general  pow- 
ers. 


Preamble.  tionary  army,  in  the  year  of  our  Lord  one  thousand  seven  hun^ 
dred  and  eighty-three,  Benjamin  Lincoln  and  others,  officers 
in  the  Massachusetts  Hne  of  said  array,  did  associate  for  the 
purpose  of  forming  a  fund,  to  be  forever  thereafter  appropriat- 
ed for  the  reUef  of  the  indigent  members  of  said  association, 
and  the  widows  and  orphans  of  said  members;  and  in  order  to 
secure  the  said  fund,  and  fulfil  the  charitable  designs  of  said  in- 
stitution, have  petitioned  to  be  incorporated  : 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of  Oie  same, 
That  the  said  Benjamin  Lincoln  and  his  astiociafes,  together 
with  such  others  as  may  be  admitted  members  of  said  associa* 
tion,  be,  and  they  hereby  are  incorporated  into  a  society,  by 
the  name  of  the  Massachusetts  Society  of  the  Cincinnati,  with 
power  to  have  a  common  seal ;  to  make  contracts  relative  to 
the^'.bjects  of  the  said  charitable  fund  ;  to  sue  and  be  sued;  to 
est  Mish  by-laws  and  orders  for  the  regulation  of  said  society, 
an  ,  the  preservation  and  application  of  the  funds  thereof,  pro- 
vided the  same  be  not  repugnant  to  the  constitution  and  laws 
of  this  Commonwealth  ;  and  to  take,  hold,  and  possess  any  es- 
tate real  or  personal,  by  subscription,  gift,  grant,  purchase,  de- 
vise, or  otherwise;  and  the  same  to  improve,  lease,  exchange, 
or  sell  and  convey  for  the  sole  benefit  of  said  institution :  Pro- 
vided, The  value  of  the  real  estate  of  said  society  shall  never 
exceed  twenty  thousand  dollars,  and  the  annual  income  of  the 
whole  estate  of  said  society  shall  not  exceed  five  thousand  dol- 
lars. 

Sect.  2.  Be  it  further  enacted,  That  the  said  society  shall 
meet,  in  Boston,  on  the  fourth  day  of  July,  annually^  (unless 
the  same  should  fall  upon  a  Sunday,  in  which  case  the  annual 
meeting  shall  always  be  holden  on  the  day  succeeding,)  for  the 
purpose  of  electing,  by  ballot,  from  their  members,  a  President, 
Vice  President,  Treasurer,  Secretary,  and  such  other  officers 
as  may  be  necessary  to  manage  their  concerns  ;  all  which  offi- 
cers shall  hold  their  said  offices  for  one  j^ear,  anJ  until  others 
shall  be  elected  to  succeed  them  :  and  the  officers,  for  the  time 
being,  shall  publish  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  Secretary 
may  appoint  a  special  meeting  of  said  society,  to  be  notified  in 
the  same  manner  as  annual  meetings. 

Sect.  3.  Be  it  further  enacted,  That  the  President,  Vice 
President,  and  other  officers  of  said  society,  chosen  on  the 
fourth  day  of  July  last,  shall  have  the  same  authority  to  ma- 
nage the  concerns  thereof,  as  is  hereby  vested  in  like  officers, 
to  be  hereafter  annually  chosen.  Provided  nevertheless,  That 
this  act  of  incorporation  shall  be  determinable  at  the  pleasure 
of  the  Legislature.     [March  13,  1806.] 

Chap,  103.     An  Act  in  addition  to  an  Act,  entitled,    "An  Act  to  establish  a  corporation,  by 
1803  ch.  48.  *^^  name  of  The  Essex  Turnpiite  Corporation." 

(V.  3.  p.  252.)       WHEREAS  in  the  third  section  of  an  Act,  entitled,  «An 


Annual  meet- 
ings must  be 
held,  and  spe- 
cial meetings 
may  be  called, 


Existing  offi- 
cers empower- 
ed. 


1805. Chap.  103—105.  33 

Act  to  establish  a  corporation  by  the  name  of  the  Essex  Turn-  Preambk. 
pike  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  de- 
fining the  general  powers  and  duties  of  turnpike  corporations 
require  :  Therefore, 

Sect.  1 .  Be  it  enacted  by  the  Striate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  so  much  of  the  third  section  of  an  Act,  entitled,  Part  of  former 
"An  Act  to  establish  a  corporation  by  the  name  of  the  Essex  iaw  repealed. 
Turnpike  Corporation."  as  relates  to  the  width  of  the  made 
way  or  travelling  path  of  said  Essex  turnpike,  be,  and  hereby 
is  repealed. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation,  ^j^ju  /-.j^ 
shall  make  the  travelled  part  of  said  turnpike,  not  less  .han  road. 
twenty-^Dur  feet  wide,  in  any  part  thereof,  agreeably  to  t  '  se- 
cond section  of  an  Act  defining  the  general  powers  and  o  ties 
of  turnpike  corporations.  [March  13,  1806.]  Further  acts — 
1806  ch.  85:  1808  ch.  67.— (1820  ch.  77.  repealed  by  1821 
ch.  70.) 

An  Act  to  establish  a  corporation,  by  the  name  of  The  Lancaster  and  Boltoii    C^nti    104. 
Turnpike  Corporation.  i^*  ' 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General   Court   assembled,   and  by  the  authority  of  the 
same.  That  James  C-irter,  together  with  such  persons  as  have,  Limits  of  the 
or  may  hereafter  associate  with  him,  and  their  successors  and  road, 
assigns,  shall  be  a  corporation,   by  the  name  of  the  Lancaster 
and  Bolton  Turnpike  Corporation,  for  the  purpose  of  making 
a  turnpike   road,   from  near  Jacob  Fisher's,   in  Lancaster,  to 
near  Jacob   Fisher's,  in    Bolton  ;  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,  entit- 
led, "  An  Act  defining  the  general  powers,  and  duties  of  turn-  I804ch.  I2ff, 
pike  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  the  said  corporation  One  gate  ai« 
shall  be  entitled  to  one  gate,  with  the  usual  toll.  lowed. 

Sect.  3.     Be  it  further  enacted,  That  at  any  time  hereafter,  The  turnpike- 
by  the  consent  of  said  corporation,  and  the  towns  of  Lancaster  road  may  be 
and  Bolton,  said  turnpike  road  may  be  established  as  a  county  a^county'^road 
road,  and  not  otherwise.     [March  13,  1806.] 

An  Act  to,  establish  Day's  Academy.  Chap.  105. 

WHEREAS  Benjamin    Day  and  others,   have  subscribed 
twenty-three  hundred  dollars,  for  the  purpose  of  erecting  and  Preamble, 
supporting  an  academy  at  Wrenthara,  in  the  county  of  Norfolk: 

Sect.  1 .     Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  G-neral  Court  assembled,  and  by  the  authority  of  the  same. 
That  there  be,  and  hereby  is  established  in  said  Wrentham,  an  Academy  es- 
academy,  by  the  name  of  Day's  Academy,  for  the  promotion  tabiished,  and 
of  learning  and  religion,  and  that  the  present  pastor,  and  the  po"S/°"^"^' 

VOL.    IV.  5 


34 


1805. 


Chap.   105. 


Trustees  al- 
lowed to  re- 
ceivp,  hold  or 
dispose  of  Es- 
tate. 


Trustees  au- 
thorized to 
elect  officers, 
establish  rules, 
&c.  &c. 


Corporation  to 
have  a  com- 
mon seal, 
which  is  to  be 
affi^-^'i  to  any 
deeds  they  may 
give. 


Any  Justice  in 
Norfollc  may 
call  the  Arst 
meeting. 


present  deacons,  of  the  first  congregational  church  in  said 
Wrentham,  and  their  successors  in  office,  together  with  Beriah 
Brastow,  George  Hawes,  Jairus  Ware,  John  Whiting,  Lewis 
Whiting,  Abijah  Pond,  Timothy  Whiting,  Daniel  Ware,  Amos 
Archer,  Duvid  Fisher,  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  hereby  are  in- 
corporated into  a  body  politic,  by  the  name  of  the  Trustees  of 
Day'/s  Academy,  and  that  they  and  their  successors  shall  be 
and  continue  a  body  politic  and  corporate,  by  the  same  name 
forever  :  Provided  however^  That  the  number  of  trustees  may 
be  reduced,  at  the  pleasure  of  the  Legislature. 

Sect.  2.  Be  it  further  enacted,  That  all  the  monies,  lands, 
or  other  property,  already  subscribed  and  given,  or  which 
shall  hereafter  be  given,  granted,  devised,  or  bequeathed,  to 
the  said  trustees,  for  the  purposes  aforesaid,  shall  be,  and  here- 
by 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  otherwise,  any  lands,  tenements, 
hereditaments,  or  other  estate,  real  or  personal,  provided  the 
annual  income  thereof  shall  not  exceed  the  sum  of  four  thou- 
sand 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  cor- 
poration. 

Sect.  3.  Be  it  further  enacted,  That  the  said  trustees,  or  a 
major  part  of  them,  shall  have  power  from  time  to  time  to  elect 
such  officers  of  the  said  academy,  as  they  shall  judge  neces- 
sary, to  fix  the  tenure  of  iheir  respective  offices,  to  fill  all  va- 
cancies 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,  pre- 
ceptress, teachers,  and  all  other  officers  of  the  said  academy, 
and  to  make  and  ordain  reasonable  rules,  orders,  and  by-laws, 
not  repugnant  to  the  laws  of  this  Commonwealth,  with  reason- 
able penalties  for  the  breach  thereof. 

Sect.  4.  Be  it  further  enacted.  That  the  said  corporation 
may  have  a  common  seal,  which  they  may  at  pleasure  break 
and  renew  ;  and  that  al!  deeds,  signed  and  sealed,  with  such 
seal,  delivered  and  acknowledged,  by  the  secretarj'-  or  clerk  of 
said  corporation,  by  order  of  the  said  tjustees,  shall  be  good 
and  valid  in  law;  and  the  said  corporation  may  sue  and  be 
sued,  in  all  actions,  ?-eal,  personal,  and  mixed,  and  prosecute 
and  defend  the  same  to  final  judgment  and  execution,  by  the 
said  name  of  incorporation. 

Sect.  5.  Be  it  further  enacted,  That  either  of  the  justices  of 
the  peace,  for  the  county  of  Norfolk,  be,  and  hereby  is  autho- 
rized to  fix  the  time  and  place  for  holding  the  first  meeting;  of 
said  trustees,  and  to  notify  them  thereof.  [March  13,  1806.] 
Add.  acts— 1806  ch.  20.  32. 


1805. Chap.  106.  S5 

An  Act  in  amendment  of  the  Act  establishing  The  Norfolk  and  Bristol  Turnpike   Ch"p,  106. 
Corporation,  and  of  the  two  Acts  in  addition  thereto.  jgO    ,jj^  ^^Q 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen-  (V--^.  p.  522.) 
tatives,   in  General  Court  assembled^  and  by  the  anthi/rity  of  the  ^y^  g^  p.  .58.") 
same,  That  the  Norfolk  and  Bristol  Turnpike  Corpor:ition,  be,  isosch.  143. 
and  they  are   hereby  further  authorized   and  empowered,  in  [Y'.^'J'\i^^''^ 

,.  ~    Y  *^  11-111  1  1  lKn4  ch.  106. 

lieu  oi  the  one  gate,  now  established   between  the  court  house,  (v. 3.  p.  534.) 
in  Dedhara,  and  the  house  of  Benjamin   Mann,   in  Walpolc,  to  Two  toil-gates 
erect  two  toil  gates;   and  also  in  lieu  of  the  one  gate,  now  es-  allowed  be- 
tablished  between  the  house  of  Israel  Hatch,  in  Attleborough,  court-house*'™ 
and  the  end  of  said  turnpike,  at  Pawtucket  bridge,  to  erect  two  and  B.  Mann's 
other  toll  gates,  in  such  places,  not  upon  the  old  road,  as  may  "\^t^Jo°be- 
be  most  fit  and   proper  to  ensure  the  collection  of  (he  legal  tween  Israel 
tolls ;  and  when  the  same  are  erected,  and  so  long  as  the  said  Hatch's  in  At- 
corporation  shall  deem  it  eligible  to  continue  the  same,  the  said  the  end  of  the 
Norfolk  and  Bristol  turnpike   corporation   shall  be  entitled  to  road, 
demand  and  receive  at  each  of  said   gates,   in  lieu  of  the  toll 
allowed  by  the  act  establishing  the  said  corporation,  the  same 
rate  of  toll  as  is  allowed  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   Dedham  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  mentioned  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  Pawtucket  bridge,  they  shall  not 
place  the  two  half  gates  within  three  miles  of  each  other. 

And  to  the  end  that  the  said  corporation  may  not  be  defraud- 
ed of  their  legal  dues  : 

Sect.  2.     Be  it  further  enacted,  That  any  person  who  shall  Persons  liable 
travel  on  any  part  of  the  said  turnpike  road,  not  made  on   an  to  P^y  who 
old  road,    and    separated   therefrom    by    a    fence,  and  shall  road  to  avoid 
turn  off  from  said  turnpike  road,  with  an  intent  to  avoid  passing  a  gate, 
the  next  gate,  shall  be  liable  to  pay,  and  the  said  corporation 
shall  be  entided  to  demand  and  receive  the  same  rate  of  toll 
for  his  carriage,  team,  sleigh,  horses  or  cattle,  as  he  would  be 
liable  to  pay  if  he  actually  passed  such  gate. 

Sect.  3.     Be  it  further  enacted,  That  any  person  who  shall  persons  who 
within  seven  rods  of  either  of  said  gates,  enter  or  pass  on  said  enter  on  the 
turnpike,  not  made  on  an  old  road,  and  actually  travel  on  any  [ods  oTa^'gaL 
such  part  of  said  turnpike  road  without  paying  toll  at  such  and  pass  on, 
gate,  shall  be  liable  to  pay,  and  the  said  corporation  shall  be  shall  be  liable 
authorized  to  demand  and  receive  the  same  rate  of  toll  for  his    °  ^^^' 
carriage,  team,  sleigh,  horses  or  cattle,  as  he  would  be  liable  to 
pay  if  he  actually  passed  through  such  gate.    Provided  never' 


36 


1805. 


Chap.  106—108. 


The  gate  be- 
tween Diin- 
ster's  and  the 
Mill  creek,  in 
Deriham,  al- 
lowed to  be  re- 
moved. 


Width  of  the 
road  in  cevtain 
plares  may  be 
less  than  here- 
tofore prescrib- 
ed. 


This  act  liable 
to  be  repealed 
at  the  pleasure 
of  the  legisla- 
ture. 

Chap.  108. 

1803  ch.  157. 
(V.  3.  p.  440.) 


A  further  sum 
of  10,000  dol- 
lars allowed  to 
i^  raised. 


theless.  That  nothing  in  this  act  shall  be  construed  to  render 
any  person  liable  to  pay  toll  for  travelling  on  said  turnpike, 
between  the  place  where  the  lane  leading  from  the  house  of 
Oliver  Ellis,  in  Dedham,  communicates  with  the  said  turnpike, 
and  the  place  where  the  said  turnpike  next  strikes  the  old  road. 
Provided  rt/so,  That  nothing  herein  contained  shall  oblic^e  any 
person  to  pay  toll,  who  shnll  enter  on,  or  pass  off  said  tvirnpike, 
within  seven  rods  of  the  gate  near  the  house  of  Elijah  Bayden. 
Provided  aho^  That  no  person  specially  exempted  from  paying 
toll  by  either  of  the  acts  to  which  this  in  addition,  shall  be 
subjected  thereto,  by  virtue  of  this  act. 

Sect.  4.  Be  it  further  enacted^  That  the  said  corporation, 
be,  and  they  are  hereby  authorized  and  empowered  to  remove 
the  gate  erected  between  the  house  of  Isaiah  Dunster  and  the 
mill-creek,  in  Dedham,  to  any  place  between  the  said  Dun- 
ster's,  and  the  place  where  the  turnpike  crosses  the  old  road, 
west  of  said  mill-creek  ;  and  in  case  said  gale  shall  be  placed 
within  seven  rods  of  the  place  of  intersection,  any  person  who 
shall  enter  on  to  said  turnpike,  west  of  said  gate,  or  turn  off 
therefrom,  shall  be  liable  to  pay,  and  the  said  corporation  shall 
be  authorized  to  demand  and  receive  of  him,  one  half  as  much 
toll,  as  he  would  be  liable  to  pay  if  he  passed  through  such 
gate  :  and  any  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  gate. 

Sect.  5.  Be  it  further  enacted.,  That  the  committee  appoint- 
ed by  the  General  Court  to  locate  the  Norfolk  and  Bristol 
Turnpike,  be,  and  they  are  hereby  further  authorized  to  lay 
out  the  same  of  a  less  width  than  three  rods,  near  the  barn  of 
Israel  H;itch,  in  Attleborough,  near  the  house  of  Benjamin 
Daggett,  in  said  Attleborough,  and  near  the  abutment  of  Paw- 
tucket  bridge,  in  Rehoboth  :  Provided.,  That  in  the  opinion  of 
the  said  committee,  such  reduction  will  not  impede  the  publig 
travel. 

Sect.  6.  Be  it  further  enacted.  That  the  Legislature  may 
repeal  this  act,  whenever  it  shall  be  judged  proper  and  ex- 
pedient, any  thing  herein  to  the  contrary  notwithstanding, 
[jl/arc/i  14,  1806.]'  Further  act— 1820  ch.  29. 

An  Act  in  addition  to  an  Art,  entitled,  "An  Act  giaiiting  a  Lottery  for  the  pur- 
pose of  compl^tin^  the  Locks  and  Canals  at  Amoskeag  Falls,  in  the  State  of 
New-Hampshire." 

Sect.  1.  BK  it  enacted,  by  the  Senate  and  House  of  Represen- 
tatives., in  General  Court  assembled.,  and  by  the  authority  of  the 
same.  That  in  addition  to  the  sum  often  thousand  dollars,  di- 
rected to  be  raised  by  an  Act,  entitled,  "An  Act  granting  a 
Lottery  for  the  purpose  of  completing  the  locks  and  canals  at 
Amoskeag  falls,  in  the  State  of  New-Hampshire,"  the  further 
sum  often  thousand  dollars  be  raised  by  lottery  for  the  same 
purpose ;  and  that  His  Excellency  the  Governor,  be,  and  he  is 
hereby  authorized  to  appoint  three  suitable  persons  to  be 
managers  of  the  said  lottery,  whose  business  it  shall  be,  from 


1805. Chap.  108—109.  37 

time  to  time,  to  make  Hnd  publish  such  scheme  or  schemes,  as 
shall  in  their  opinion  best  promote  the  purposes  of  said  lottery, 
and  for  drnving  said  lottery,  and  transacting  the  other  busi- 
ness thereof. 

Sect.  2.  Be  k  further  enacted.  Th^t  the  said  managers,  to  be  Managers  to 
appointed  by  the  Governor,  before  they  enter  on  the  duties  of  g'^e  bonds,  and 
their  office,  shall  give  separate  bonds  to  'he  Treasurer  of  this 
Commonwealth,  and  his  successors  in  said  office,  each  in  the 
sum  of  five  thousand  dollars,  with  sufficient  surety,  each  to  be 
answerable  for  his  own  default,  and  to  pay  over  the  nett  pro- 
ceeds of  each  c'a^s  of  said  lottery,  within  sixty  days  after  the 
drawing  thereof  shall  be  completed,  to  the  a^ent  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  'rust. 

Sect.  3.     Be  it  further  enacted^    That  His  Excellency  the  Anaeentor 
Governor,  be,  and  he  is  hereby  authorized  to   appoint   one  or  ag^''^^  to  be 
more  agents,   who   shall   be  authorized   to  receive  from  the  appi'y",^he  pm- 
manngers,  the   proceeds  of  the  lottery,  and  appropriate   the  ceedsot  the  lot- 
same  to  the  completion  of  the  locks  and  canals,  and  the,  dam,  ^eiy  to  the  pur- 
at  the  said   A-noskeas^  falls,  for  the  purpose  of  turning  the  wa- 
ter into  the  said  canal  ;  and  the  said   assent  or  agents,  shall, 
from  time  to  time,  when  thereunto  required  by  His  Excellency 
the  Governor,  render  an  account  of  his  or  their  proceedings  in 
the  premises. 

Sect.  4.     Be  it  further  enacted.  That  this  act  shall  continue  Act  limited, 
and  be  in  force,  for  the  term  of  three  years,  and   no   lonsjer. 
[March  14,  1806.]     Further  add.  acts— 1807  ch.  70:   1813  ch. 
176. 


An  Act  to  establish  a  corporation,  by  the  name  of  the  Wrentham   and   Walpole   Chap.  109* 
Turnpifc  Corporation. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in   General   Court   assembled,  and  by  the  authority  of  the 
same,  That  David  Gilmore,  Moses  Whitney,  Beriah  Brastow,  Names  of  per- 
Oliver   Pond,  Elias   Bacon,  David  Fisher,  jun.  John  Whiting,  'oratn'^-o.^'T 
David  Fales,  Benjamin  Hawes,  Nehemiah  Tilson,  Jairus  Ware,  rate  name^and 
and  Jason  Hartshorn,  tosjether  with  such  persons  as  may  here-  course  of  the 
after  associate   with  them,  and  their  successors  and  assigns,  '^°^  ' 
shall  be  a  corporation,  by  the  name  of  the  Wrentham  and  Wal- 
pole Turnpike  Corporation,  for  the  purpose  of  making  a  turn- 
pike road,  from  the  meeting  house,  in  the  first  parish  in  Wren- 
tham, to  the  meeting  house  in  Walpole,  in  the  county  of  Nor- 
folk ;  the  said  turnpike  road  to  begin  at  said  meeting  house  in 
Wrentham,  and  thence  to  run  as  nearly  in  a  straie;ht  line,  to  the 
said  meeting  house  in  Walpole,  in  the  county  of  Norfolk,  as  a 
locating  committee  shall  think  will  best  accommodate  the  pub- 
lic ;  and  for  this  purpose,  shall  have  all  the  powers   and   privi- 
leges, and  be  subject  to  all  the  duties,  requirements,  and  penal- 
ties, contained  in  an  Act,  entitled,  "  An  Act  defining  the  gene- 
ral powers  and  duties  of  turnpike  corporations,"  passed  the 


38  1 805. Chap.  109—1 1 0. 

1804  ch.  125.     Sixteenth  day  of  March,  in  the  year  of  our  Lord,  one  thousand 

eight  hundred  and  five. 
Monies  may  be  Sect.  2.  Be  it  further  enacted,  That  said  corporation  is 
granted  to  per-  hereby  allowcd  to  grant  monies  to  such  persons  as  have  ren- 
Sn'ered  s^er-^  dered  serviccs  to  the  proprietors,  in  exploring  the  route  of  the 
vices  previous  turnpike  road,  or  otherwise,  previous  to  this  act  of  incorpora- 
te the  passing    jJqj^^  qp  ^q  gy^h  persons  as  have  advanced  monies,  to  pay  any 

expenses  which  may  have  accrued,     [jlfarc/i  14, 1806.]     Add. 

act— 1810  ch.  33.  

Chan.  110.  ■'^"  ^^'^  *°  establisii  the  Second  Brusii-Hill  Turnpike  Corporation. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  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  Corpora- 
tion, for  the'^purpose  of  laying  out  and  making  a  turnpike  road, 
Course  and  di-  Commencing  at  or  near  the  termination  of  the  Brush-Hill  Turn- 
mensionsoftiie  pij^e  road  in  Roxbury,  and  running  westerly  of  the  dwelling- 
recttnsls'to     ^ousc  of  Doctor   Thomas   Williams,  in  said    Roxbury,   and 
the  laying  out    thcucc  to  FVont-strect,  in  Boston  ;  the  whole  to  be  laid  out  and 
and  making      made,  as  near  as  may  be  found  practicable  and  convenient,  in 
the  same.  ^  straight  line  from  the  commencement  thereof  in  Roxbury,  to 

the  said  Front-street  in  Boston  ;  and  to  be  located  by  a  com- 
mittee 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  tov/n  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  nowhere 
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  Boston  and  Roxbury,  which 
shall  be  well  supplied  with  oil,  and  lighted  in  due  seasons,  and 
kept  burning  until  midnight. 
Corporation  Sect.  2.     Be  it  further  enacted.  That  the  said  corporation 

may  take  land  may  purchase  and'  hold  land  over  which  they  may  make  said 
for  the  road,  .      ^     l^  jj  ^     holden   to  pay  all  damages  which  may 

compensating     ^"""i    "'■"  iiv,,  f.'^         i  •. 

the  owners.  arise  to  any  person  by  taking  his  land  therefor,  when  it  can- 
not 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  respectively,  saving  to 
either  party  the  right  of  trial  by  jury,  according  to  the  law 
which  provides  for  the  recovery  of  damages  accruing  by  lay- 
ing out  public  highways.     And  the  said  committees  in  each 


1805. Chap.  110.  39 

fcounty,  shall  make  a  return  of  their  doings  in  such  county, 
to  the  next  Court  of  Common  Pleas,  to  be  holden  therein. 

Sect.  3.     Be  it  further  enacted,  That  when  the  said  road  shall  Toil  estabiish- 
be  sufRciendy  made,  and   shall   be  so  allowed  and  approved  ^!!L^"!!,r°  ;, 

■»  •  •  1    t  1        /^  !•   /-.  I-.1  c  gates  allowed, 

by  a  committee  appointed  by  the  Courts  oJ  Common  Pleas  of  neither  to  be' 
Suffolk  and  Norfolk,  respectively,  the  said  corporation  shall  >"  Boston 
be  entitled  to  demand  and  receive,  from  each  traveller  and 
passenger,  the  following  rates  of  loll,  to  wit :  For  every  coach, 
chariot,  phaeton,  or  other  four  wheel  carriage,  drawn  by  two 
horses,  twenty-five  cents  ;  and  if  drawn  by  more  than  two 
horses,  an  additional  sum  of  two  cents,  for  each  additional 
horse  ;  for  every  cart  or  waggon,  drawn  by  two  oxen  or  horses, 
ten  cents  ;  and  if  drawn  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,  four  cents ;  for 
every  sled  or  sleigh,  drawn  by  two  oxen  or  horses,  six  cents; 
and  if  drawn  by  more  than  two  oxen  or  horses,  an  additional 
sum  of  two  cents,  for  each  additional  ox  or  horse  ;  for  every 
sled,  sleigh,  horse-cart  or  waggon,  drawn  by  one  horse,  six 
cents  each  ;  for  each  wheel-barrow,  hand-cart,  or  other  vehi- 
cle 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  of 
four  cents  for  each  dozen.  And  the  said  corporation  is  here- 
by 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  he  permitted  to  pass  freely:  Provided,  That  no  o-ate 
shall  be  erected  on  any  part  of  the  old  road. 

Sect.  4.     Be  it  further  enacted,  That  the   Selectmen  of  the  Streets  eoii- 
towns  of  Boston   or  Roxbury,  shall   have   a  right  to   lav  out  '•^'^ting  with 

^      .       ...  .  '^  ^  J.  ,  q  J  tlie  road,  may 

Streets  in   their  respective  towns,  Irom    the  mam  street  over  be  laid  out,  by 

Boston  neck,  to  the   said  turnpike  road;  and    the   abutters  on  the  Siiecm^en' 

the  said    turnpike  road  shall  have   the  privilege  of  passing  to  Roxbury"*'^ 

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. 

Sect.  5.     Be  it   further  enacted.  That  the  said    Corporation   k  ^  -a 
1-    II         1  11-1  r>       1  1        •  I        '    «>    •  -^  bridge,  witu 

shall  make  a  good  bridge  over  Roxbury  canal,  with  a  sufficient  a  draw,  to  be 

draw,  not  less  than  twenty,  nor  exceeding  thirty  feet  in  width,  buUt  over  Rox- 

for  the  passage  of  vessels,  through  which  vessels  and  rafts  may  an^s'fiitabie 

freely  y)ass;  and  the  said  draw  to  be  raised  without  delay,  ex-  drains  to  be 

cept  for  pleasure  boats.     And    the  said   corporation  shall   lay  ^ade  for  the 


or  build  sufficient  drains  or  sluice  ways,  across  said  turnpike  ton, connectin 
road,  to  the  satisfaction  of  the  Selectmen  of  the  town  of  Bos-  with  the  road 
ton,  in  every  place  where  the  cross  streets  leading  easterly 


40  1805. — —Chap.  110—117. 

from  Washington  Street,  on   Boston  neck,  shall  join  or  aLukt: 
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^ 
A  gate  allow-       Sect.  6.     Be  it  further  enacted.  That  when  the  said  corpora- 
ed,  whpre  half  tion  sliall  have  completed  that  part  of  the  road   hereby  grant- 
toil  may  be       gj    exiending  from   the  commencement  of  the   same    to    the 
when  pari  of     county  road,  near  the  dwelling  house  of  the  said  Williams,  to  the 
the  road  is        acceptance  of  the  aforesaid  committee,  for  the  county  of  Nor- 
compieted.        ^^jj^^  ^^j^^^  ^j^^jl   j^^^^  liberty  to  erect  a  gate,   and  to  demand 

and  receive  half  the  ahove  rates  of  toll,  on  the  same,  from  all 
passengers,  although  the  other  part  of  the  road,  hereby  grant- 
ed, shall  not  have  been  completed. 
Town  of  Bos-  Sect.  7.  Be  it  further  enacted.  That  when  the  Selectrtien  of 
ton  permitted  the  town  of  Boston,  shall  hereafter  cut  a  canal  from  the  Bay, 
l°e«ing  r"^''  °"  ^^^  westerly  side  of  Boston,  to  the  Bay  on  the  easterly- 
bridge  over  the  side  of  the  same,  they  shall  have  liberty  to  cut  through  said 
same.  turnpike  road,  they  making  a  bridge  over  the  same,  with  suita- 

ble abutments,  which  shall  forever  be  kept  in  repair  at  the  ex- 
pense of  said  town  of  Boston. 
Corporation  Sect.  8.     Be  it  further  enacted.  That  the   said   corporation 

entitled  to  the  shall  be  entitled  to  all  and  singular  the  powers  and  provisions, 
subject' to  the  ^"^  shall  be  subject  to  all  the  limitations  and  restrictions, 
restrictions,&c.  which  are  particularly  delineated  for  the  government  and  or- 
of  the  general    ganization  of  turnpike  corporations,  in   an   act,  entitled,  "  An 

turnpike  act.       ^        ,    n    •  i  i  i     i      •  r  -i 

act  detining  the  general  powers  and  duties  ot  turnpike  corpo- 
rations," passed  the  sixteenth  day  of  March,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  five,  except  where 
the  same  are  contn)lled  bv  the  provisions  of  this  act.  \March 
14,  1806.]     Continued— 1811  ch.  136. 

Chap.  117.  An  Act  to  alter  the  Names  of  certain  persons  therein  mentioned. 

Sect.  1.  BE^  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  fi-om  and  after  the  passing  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  Madi- 
son, shall  be  allowed  to  take  the  name  of  James  Neil;  Samuel 
O'Neil,  ot  Noridgewalk,  in  said  county,  shall  be  al'owed  to 
take  the  name  of  Samuel  Neil ;  Benlnmin  Pirkman,  son  of  the 
Hon.  Benjamin  Pickman,  jun.  of  Salem,  in  the  county  of  Es- 
sex, shall  be  allowed  to  take  the  name  of  Benjamin  Toppan 
Pickman  ;  Stephen  Webb,  son  of  Stephen  Webb,  of  said  Sa- 
lem, shall  be  allowed  to  take  the  name  of  Stephen  Palfrey 
Webb;  William  Richardson,  of  said  Salem,  shall  be  allowed 
to  take  the  name  of  Wiliiam  Putnam  Richardson;  James  Grif- 
fin, of  said  Salem,  shall  be  allowed  to  take  the  name  of  Jona- 
than Griffin  ;  John  Edmands,  the  third,  of  Charlestown,  in  the 
county  of  Middlesex,  shall  be  allowed  to  take  the  name  of 
John  Davis  Edmands;  Samuel  Coolidge,  of  Boston,  in  the 
county  of  Suffolk,  shall  be  allowed  to  take  the  name  of  S-'m- 
uel  Frederick  Coolidge;  Andrew  Campbell  Moses,  of  said 
Boston,  shall  be  allowed  to  take  the  name  of  Andrew  Campr 


1805. Chai-.  117—118.  41 

bell  Jones ;  Benjamin  Homer,  of  said  Boston,  shall  be  allow- 
ed to  take  the  name  of  Benjamin  Parrot  Homer;  William 
Hunt,  of  said  Boston,  shall  be  allowed  to  take  the  name  of 
William  Chamberlain  Hunt;  Job  Prince,  of  said  Boston,  shall 
be  allowed  to  take  the  name  of  Thomas  J.  Prince ;  Judith 
Parsons,  daughter  of  Theophiltis  Parsons,  of  said  Boston, 
Esqr.  shall  be  allowed  to  take  the  name  of  Mary  Judith  Par- 
sons ;  John  Winslow,  jun.  of  said  Boston,  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  Boston,  shall  be  allowed  to 
take  the  name  of  Thomas  B.  Wales ;  Francis  Thayer,  of 
Braintree,  in  the  county  of  Norfolk,  shall  be  allowed  to  take 
the  name  of  Ebenezer  Francis  Thayer;  Obed  Br  .adbrooks,  of 
Harwich,  in  the  country  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  Ebene- 
zer Brooks;  and  the  minor  children  of  said  Ebenezer  Bi'oad- 
brooks,  to  wit,  Asenath,  Jameson,  Lucy,  Ebenezer,  Seth,  and 
Sabra,  shall  respectively  take  the  surname  of  Brooks,  instead 
of  Broadbrooks;  and  John  Green,  of  Eastport,  in  the  county 
of  Washington,  shall  be  allowed  take  the  name  of  John  Le 
Baron  Green  ;  and  each  of  the  persons  before  named  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.     [March  14,  1806.] 

An  Act  to  establish  an  Academy  at  Concord,  in  the  county  of  Middlesex.  ChoV,  118. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General    Court   assembled,  and   by  the  authority  of  the 
same,  That  an  academy,  exclusively  for  the  instruction  of  fe- 
males, in  learning,  virtue,  and  religion,  be,   and   hereby  is  es-  Academy  es- 
tablished   at    Concord,    in    the    county  of  Middlesex,   by   the  tabiished. 
name  of  The  Middlesex  Female  Academy. 

Sect.  2.  Be  it  further  enacted.  That  the  Hon.  Timothy  First  trustees 
Bigelow,  of  Groton,  Rev.  Moses  Adams,  of  Acton,  Rev.  Charles  fundnmUed." 
Stearnes,  of  Lincoln,  Hon.  Artemas  Ward,  and  Joseph  Hurd, 
Esqrs.  of  Charlestown,  Rev.  William  Emerson,  of  Boston, 
Rev.  Ezra  Ripley,  Doct.  Isaac  Hurd,  Tilly  Merrick,  Esq. 
Deacon  John  White,  Mr.  Jonas  I^ee,  Lieut.  Charles  Hammond, 
and  Thomas  Heald,  Esqr.  of  Concord,  be,  and  hereby  are 
constituted  a  body  corporate,  by  the  name  of  The  Trustees  of 
the  Middlesex  Female  Academy  ;  and  they  and  their  succes- 
sors 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,  ap- 
pointed for  that  purpose  ;  to  take,  hold,  an  1  improve  any  es- 
tate, real  or  personal,  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,  being  thereunto  authorized  by   the  said  corporation : 

VOL.    IV.  6 


42 


1805. 


Chap.  118. 


Clerk,  treasur- 
er, and  other 
officers  to  be 
appointed. 


Trustees  to  be 
elected  to  fill 
vacancies. 


Number  of 
trustees  limit- 
ed. 


First  meeting. 


Chap.  1. 


Sum  to  be 
raised. 


Managers. 


Managers  to 
give  bonds. 


Provided,  That  the  annual  income  of  the  whole  estate  of  the 
said  corporation,  shall  not  exceed  five  thousand  dollars. 

Sect.  3.  Be  it  further  enacted,  That  the  said  trustees 
shall  have  power,  from  time  to  time,  to  appoint  a  Clerk,  who 
shall  be  under  oath,  and  a  Treasurer,  who  shall  give  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  limes  and  places  of  their  meetings,  the  mode  of  warning 
the  same,  of  electing  officers  and  trustees,  and  of  transacting 
all  other  business ;  and  to  ordain  necessary  and  reasonable  or- 
ders, regulations,  and  bye-laws,  for  the  instruction  and  gov- 
ernment of  the  said  academy,  not  repugnant  to  the  constitu- 
tion and  laws  of  this  Commonwealth. 

Sect.  4.  Be  it  further  enacted,  That  whenever  any  of  the 
said  trustees  shall  die,  or  resign,  or  by  age,  infirmity,  or  oth- 
erwise, become  incapable  of  discharging  the  said  trust,  in  the 
judgment  of  the  major  part  of  the  said  trustees,  the  survivors 
may  fill  such  vacancy,  by  electing  a  successor. 

Sect.  5.  Be  it  further  enacted,  That  the  numbfer  of  the  said 
trustees  shall  not,  at  any  one  time,  be  more  than  fifteen,  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  Rev.  Ezra  Kip- 
ley,  be,  and  he  hereby  is  authorized  to  appoint  the  time  and 
place,  and  purposes  of  the  first  meeting  of  the  said  trustees, 
and  sive  them  notice  thereof.     [M'lrch  i4,  1806.]  

An  Act  authorizing  a  Lottery,  for  the  purpose  of  completing  Hatfield  Bridge. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  sum  of  ten  thousand  dollars  be  raised  by  a  Lot- 
tery,  for  the  purpose  of  completing  Hatfield  Bridge,  in  the 
county  of  Hampshire,  in  consideration  of  the  many  and  singular 
los.-es,  by  the  proprietors  thereof  sustained  ;  and  that  Samuel 
Porter,  Elijah  Dickinson,  Isaac  Abercrombie,  Samuel  F.  Dick- 
inson, requires,  and  Dr.  John  Hastings,  be,  and  they  hereby 
are  appointed  managers  of  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 ;  and  to  draw  said  lottery,  and  to  transact  all 
other  business  pertaining  thereto. 

Sect.  2.  Be  it  further  enacted.  That  said  managers,  before 
entering  on  the  duties  of  their  said  office,  shall  give  separate 
bonds,  with  sufficient  sureties,  to  the  proprietors  of  said  bridge, 
to  be  lodged  with  the  treasurer  thereof,  in  the  sum  of  six 
thousand  dollars  each,  conditioned  each  one  to  be  answerable 
for  his  own  defaults,  faithfully  to  perform  the  duties  of  his  said 
office ;  and  also  to  refund  all  monies  by  them  severally  re- 
ceived for  tickets,  provided  any  class  in  said  lottery  shall  not 


1806. Chap.  1.  '^^ 

be  drawn  within  six  months  after  the  time  appointed  and  ad- 
vertised for  that  purpose ;  and  also  to  pay  into  the  treasury  of 
said  proprietors  from  time  to  time,  the  nett  proceeds  arising 
from  said  lottery  ;  and  said  bonds  shall  severally  remain  xn 
the  treasury  of  said  proprietors,  for  and  during  the  term  of 
one  whole  year  after  all  the  classes  in  said  lottery  shall  be 
drawn  and  completed,  that  all  persons  aggrieved  by  the  doings 
of  said  manao-ers,  may  have  the  benefit  thereof.  And  said  —to  be  under 
managers,  before  entering  on  the  duties  of  their  said  office,  o^th. 
shall  be  under  oath  faithfully  to  perform  the  same. 

Sect.  3.     Be  it  further  enacted^  That  the  prizes  in   said  lot-  Prizes  to  be 
tery  shall  be  paid   by  the   managers,  in  thirty  days   after  the  P^'d^'^^^^^t^'^^y 
drawing  of  any   class  therein   shall  be   completed.     And  all  the  drawing  is 
prizes,  not  demanded   in  one  year  next  thereafter,  shall  be  completed, 
considered  as  generously  given  for  the  purposes  for  which  this 
lottery  was  granted.     And  the  said   managers  are  hereby  di- 
rected, from  time  to  time,  as  any  class  in  said  lottery  may  be 
drawn,  to  pay  into  the  treasury  of  said  proprietors  the  nett 
proceeds  thereof,   after  deducting  a   reasonable  allowance  for 
their  services  and  expenses.     Which   nett  proceeds  shall  be 
faithfully  applied  for  the  purpose  of  finishing  and  completing 
the  aforesaid  bridge.     And  the  proprietors  of  said  bridge,  be- 
fore any  proceedings  shall  be  had  under  this  act,  shall   give  Proprietors  to 
bond  with  sufficient  sureties,  in  such  sum  as  the  Governor,  with  f^^^^^^^ 
advice  of  Council,  shall  direct,  to  this  Commonwealth,  condi-  plication  of  the 
tioned,  that  the  said   nett  proceeds  of  said   lottery  shall  be  nett  proceeds, 
faithfully  applied  for  the  purpose  of  completing  said  bridge, 
and  also  for  the  actual  completion  of  the  same. 

Sect.  4.  Be  it  further  enacted,  That  said  managers  shall,  Managers' 
from  time  to  time,  publish,  in  one  or  more  of  the  public  news-  ^""^y- 
papers  printed  in  this  Commonwealth,  the  scheme  of  each  class 
respectively,  the  time  and  places,  severally,  of  drawing  the 
same,  and  also  lists  of  prizes.  They  shall,  also,  after  the 
business  of  said  lottery  is  completed,  lay  an  exact  account  of 
their  doings  therein,  with  the  amount  of  tickets  sold  in  each 
class,  the  expense  and  nett  proceeds  thereof,  before  the  Go- 
vernor and  Council,  for  their  examination  and  approbation  ; 
and  they  shall  be  severally  holden,  by  their  said  bonds,  until 
their  said  accounts  shall  be  so  examined  and  approved. 

Sect.  5      Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  managers, 
to  prevent,  as  far  as  in  their  power,  the  selling  of  any  fractional  parts  of  tickets  ; 
and  if  any  person  shall  sell  any  fractional  part  of  a  ticket  in  said  lottery  for  an 
advanced  price,  the  person  purchasing  such  fractional  part  may  recover  back  the    Price  of  frac 
whole  sum,  which  shall  appear  to  have  been  paid  therefor,  in  an  action  for  money    t.onal^ parts  of 
had  and  received  to  his  use.  , 

Sect.  6.     Be  it  further   enacted,  That   by  the    non-accept-  be  advanced, 
ance,  resignation  or  death  of  any  of  said  managers,  such  va-  fj^^P^g^^^*^' P°^^ 
cancy  or  vacancies  shall  be  supplied  by  said  proprietors  at 
a  meeting  to  be  called  specially  for  that  purpose. 

Sect.  7.  Be  it  further  enacted,  That  this  act  shall  continue 
in  force  for  the  term  of  two  years,  from  and  after  the  passing 
of  the  same,  and  no  longer.  [June  19,  1806.]  Add.  acts— 
1806  ch.  68:  1808  ch.  6. 


44 


1806. 


Chap.  4, 


Chap.  4. 


Proprietors  in- 
corpijrated. 


Proprietors 
may  build  a 
dam. 


Proviso. 


Dam  to  be 

railed  and 
lighted. 


Proprietors  to 
make  a  dam 
and  wharf. 


Repealed  by 
1813  ch.  200. 


An  Act  to  incorporate  Samuel  H.  Flagg  and  others,  by  the  name  of  the  Proprie- 
tors of  Prison  Point  Dam  Corporation. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  Home  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
That  Samuel  H.  Flagg,  and  all  others,  who  have,  or  shall  here- 
after become  interested  with  him,  in  the  enterprize  of  building 
a  Dam  from  Prison-Point,  in  Charlestown,  toLechmere's-Point, 
in  Cambridge,  and  erecting  Mills  on  the  same,  be,  and  they 
hereby  are  incorporated  and  made  a  body  politic,  by  the 
name  of  The  Proprietors  of  Prison-Point  Dam  Corporation  ; 
and  by  that  name  may  sue  and  be  sued,  prosecute  and  be 
prosecuted  to  final  judgn.ent  and  execution  ;  and  the  said  cor- 
poration may  make  and  establish  such  rules  and  regulations 
as  shall  be  necessary  or  convenient  for  the  government  of 
said  corporation,  and  effecting  the  purposes  hereinafter  men- 
tioned ;  Provided  the  same  are  not  repugnant  to  the  laws  of  this 
Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  the  said  proprietors  be, 
and  they  are  hereby  authorized  and  empowered  to  build  and 
make  a  Dam,  not  exceeding  sixty  nor  less  than  fifty  feet  wide, 
from  the  wharf  of  thi^  Commonwealth,  at  Prison-Point,  afore- 
said, to  Lechmere's-Point,  aforesaid,  and  erect  water  mills  in 
such  number,  and  of  such  descriptions,  and  for  such  purposes 
as  they  shall  find  most  for  their  interest ;  and  maintain  and 
keep  up  the  same  forever:  Provided  nevertheless,  that  the  cor- 
poration shall  always  keep  in  good  repair  one  or  m.ore  grist 
mills  on  said  dam  or  waters,  and  the  said  dam  shall  be  fenced 
with  suitable  railing  at  the  sides  thereof,  and  well  lighted  wnth 
lamps,  at  the  distance  of  not  more  than  one  hundred  and  fifty 
feet  from  each  other,  and  that  nothing  in  this  act  shall  be 
so  construed  as  to  prevent  any  person  or  corporation,  who 
shall  be  injured  in  his,  her  or  their  property,  by  the  erecting 
of  said  dam,  from  maintaining  an  action  against  said  corpora- 
tion, to  recover  a  compensation  for  any  damages  which  he, 
she  or  they  may  sustain  by  means  of  said  dam. 

Sect.  3.  Be  it  further  enacted.  That  the  said  proprietors 
shall  be  holden  to  make  in  said  dam  one  lock  of  twenty-seven 
feet  wide  in  the  clear,  and  of  sufficient  width  for  vessels  of  two 
hundred  tons  burthen  to  pass  and  repass  through  the  same; 
and  there  shall  also  be  erected  a  wharf  above  and  below  said 
dam.  adjoining  said  locks  ; 

and  that  five  cents  a  ton  shRll  be  allowed  and  paid  by  the  said  corporation,  for 
detention  of  ill  SPa  vessels  of  more  than  forty  tons  burthen,  which  shall  pass  with 
freight  through  said  locks  either  wny  ;  but  no  consideration  shall  be  paid  for  ves- 
sels without  freight  ; 

which  lock  shall  be  in  that  part  of  the  channel  between  the  said 
points,  in  which  there  is  the  greatest  depth  of  water,  and  where 
it  will  be  most  convc  lent  for  vessels  to  pass  and  repass  ;  and 
whenciver  they  are  requested  by  any  person  or  persons,  who 
wish  to  pass  with  his  or  their  vessel  or  vessels,  shall  open  said 
lock,  at  any  'ime  when  there  is  sufficient  water  for  said  ves- 
sel or  boat  to  pass  the  lock ;  and  in  case  said  proprietors 
shall  unreasonably  neglect  or  refuse   to  open  said  lock,  as 


1806. Chap.  4.  4'5 

forcsair!,  they  shall  forfeit  and  pay  to  the  person  or  persons, 
so  reques.ing  the  same  to  be  opened,  double  the  amount  of  the 
damage,  which  such  person  or  persons  shall  sustain,  by  means 
of  said  proprietors  neglecting  and  refusing  to  open  said  lock, 
as  aforesaid. 

Sect.   4.     Be  it  further  enacted.  That  the  said  proprietors  To  build  and 
shall  be  holden  to  build  and   make,  and   keep  in   repair,  for-  ''^P '"  "^P^" 
ever,  for  the  accommodation  of  the  proprietors  of  the  Middle-  us  ° of  the  poro- 
ses Canal,  a  lock,  with  all  the  accommodations  for  the  passing  piietors  of 
and  repassing  of  ho^ts  and  rafts  which  are  embraced  by  the  canar^'' 
lock  built  by  the  proprietors  of  said  canal,  at  their   mills  in 
said  Charlestown,  which  lock  shall  forever  be  subject  to  the 
control  and  management  of  the  proprietors  of  said  canal ;  and 
i.i  case  the  said   proprietors  of  Prison-point  dam  Corporation 
shall  unreasonably  neglect  or  refuse  to  build,  make  and  keep 
in  repair  a  lock  of  the  description  aforesaid,  in  the  dam  afore- 
said, for  the  accommodation  of  the  proprietors  of  said  canal,  it 
shall  he  lawful  for  the   same  proprietors   to   build,   make  and 
keep  in  repair  such  lock,  and  sue  for  and  recover  of  the  pro- 
prietors first  mentioned,  double  the  amount  of  the  expenses  ne- 
cessarily incurred  in   making  said  lock,  anrl  keepiri<;  the  same 
in  rep;iir:  Provided  always,   that  the  Commonweidth    reserve  Proviso, 
the  right   to   alter  this   section  in   such   manner  as  the  public 
good  may  require. 

Sect.  5.  Be  it  further  enacted,  That  the  proprietors  of  the 
said  Prison-Point  Dam  shall  be  holden  to  erect  for  the  proprie- 
tors of  the  Middlesex  Canal,  below  the  Dam  aforesaid,  mills 
equal  in  power  and  value  with  those  in  said  Charlestown.  now 
owned  by  the  proprietors  of  said  canal,  of  such  description  rrmTmliV" 
and  m  such  situation  as,  in  the  judgment  of  the  directors  of 
said  canal  corporation,  shall  best  accommodate  the  proprie- 
tors of  said  canal  :  Provided,  the  proprietors  of  said  canal  Proviso, 
niake  no  demand  upon  the  proprietors  of  said  dam  for  the 
injury  which  may  be  done  to  the  mills  aforesaid,  which  they 
now  own  in  said  Charlestown,  by  means  of  erecting  the  dam 
aforesaid. 

Sect.  6.  Be  it  further  enacted,  That  the  proprietors  of  said 
dam,  in  erecting  the  same,  and  in  building  the  lock  aforesaid, 
shall  not  unnecessarily  impede  or  interrupt  the  navigation  of 
said  canal,  and  if  the  proprietors  aforesaid  erect  said  dam  be- 
fore they  shall  have  completed  the  locks  of  the  description 
aforesaid,  and  thereby  obstruct  the  navigation  of  said  canal, 
it  shall  be  lawful  for  "the  proprietors  of  said  canal  to  open  a 
passage  way  through  said  dam,  of  such  size  as  the  navigation 
of  said  canal  may  require. 

Sect.  7.  Be  it  further  enacted,  That  the  proprietors  of  said 
canal  shall  have  a  right  to  secure  their  boats  and  vessels  em- 
ployed in  doing  business  in  said  canal,  and  rafts  passing  on  the 
same,  by  making  them  fast  to  the  dam  aforesaid,  and  by  moor- 
ing theni  within  or  without  said  dam,  and  in  order  to  facilitate 
the  passing  and  repassing  through  said  dam,  with  vessels,  boa's 
and  rafts,  it  shall  be  lawful  for  the  proprietors  of  said  canal  to 


46 


1806. 


Chap.  4 — 5. 


Proprietors 
may  hold  lands 
necessary  for 
their  accom- 
modation. 

Corporation 
liable  for  da- 
mages. 


Proviso. 


Proprietors  of    erect  One  wharf  within,  and  one  without  said  dam.     And  the 
Canai^mTy       proprietors  of  said  canal  shall  have  a  right  to  require,  on  rea- 
erect  a  wharf    sonable  notice  to  the  proprietors  of  said  dam,  that  the  waters 
T  ^T^  ^'^^     which  may  be  above  said  dam  shall  be  drawn  oif  for  a  rea- 
sonable time,  so  that  the  proprietors  of  said  canal  may  secure 
any  goods  or  timber  which  may  be  sunk  by  accident,  or  re- 
Proviso,  pairing  the  locks  in  said  dam  and  canal :  Provided  however^  the 
Middlesex  Canal  Corporation  shall  so  secure  their  timber,  rafts 
and  boats,  as  not  to  injure  private  property,  or  to  destroy  or 
injure  the  inside  of  said  dam,  and  if  they  shall  cause  any  such 
damage,  they  shall  pay  such  individuals,  and  the  Prison-Point 
dam  Corporation,  the  full  amount  of  all  such  damage. 

Sect.  8.  Be  it  further  enacted,  That  the  proprietors  of  said 
dam  may  purchase  and  hold  any  land  over  which  they  may 
make  said  dam,  and  which  may  be  necessary  for  the  accom- 
modation of  the  mills  which  may  be  erected  on  said  dam,  and 
the  said  corporation  shall  be  holden  to  pay  all  damages  which 
shall  arise  to  any  person  by  taking  his  land  for  said  dam,  and 
the  mills  which  may  be  erected  thereon,  where  it  cannot  be 
obtained  by  voluntary  agreement,  to  be  estimated  by  a  com- 
mittee to  be  appointed  by  the  Court  of  Common  Pleas,  in  the 
county  of  Middlesex,  saving  to  either  party  a  right  to  trial  by 
Jury,  according  to  the  laws  which  make  provision  for  the  re- 
covery of  damages  happening  by  laying  out  public  highways  ; 
Provided  always,  that  this  act  shall  be  of  no  avail  or  effect,  and 
that  the  privileges  and  authorities  herein  and  hereby  vested 
shall  never  be  exercised  by  the  persons  herein  named,  or  by 
any  other  person  or  persons,  until  a  release  and  discharge  of 
all  the  covenants  of  warranty  made  by  this  Commonwealth  of 
any  of  the  lands  conveyed  by  said  Commonwealth,  lying  at  or 
near  Lechmere's  Point  mentioned  in  this  act,  shall  be  obtained 
from  the  person  or  persons,  who  are  legally  authorized  to  make 
such  release  and  discharge,  on  such  terms  as  may  be  agreed 
on  by  His  Excellency  the  Governor,  by  and  with  the  advice 
of  Council,  who  is  hereby  authorized  to  adjust  and  settle  the 
same  in  such  manner  as  shall  be  equitable  and  right,  and  ad- 
vantageous to  the  Commonwealth,  with  the  person  or  persons 
who  may  be  authorized  to  grant  a  release  and  discharge  of 
all  the  covenants  by  which  this  Commonwealth  may  be  sup- 
posed to  be  bound,  either  in  law  or  equity,  to  warrant  and  de- 
fend the  said  lands  conveyed  and  granted  by  said  Common- 
wealth, as  lands  formerly  belonging  to  Richard  Lechmere, 
Esq.  and  which  lie  in  the  neighbourhood  of  Lechmere's  Point. 
[June,  21,  1806.]     Further  act — 1813  ch.  200. 

(JJiap.  5.  An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  incorporating  certain  persons  by 

1805  ch.  12.  *^^  name  and  style  of  the  Middlesex  Turnpike  Corporation,  for  the  purpose  of 

fV.  3.   p.  611.^       making  a  turnpike  road  from  Tyngsbury  Meeting  House,  to  a  point  in  Bedford, 
j_    .    .   jj.        .J       ^^^  ^^^^  thence  twro  branches,  one  to  Cambridge  and  the  other  to  Medford." 

WHEREAS  the  directors  of  said  Middlesex  Turnpike  Cor- 
Preamble.        poration  have  petitioned  this  Court,  setting  forth  that  many  im- 
portant advantages  would  be  obtained  to  said  corporation,  and 
the  public,  by  altering  the  present  circuitous  route  from  said 


1806. Chap.  5—7.  47 

point  in  Bedford,  to  Buisket  Bridge  in  Tjngsbury,  so  far  as  to 
enable  them  to  make  said  road  from  said  point  in  Bedford,  to 
said  Buisket  Bridge,  in  nearly  a  straight  line  : 

Sect.  1.  Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by  the  authority 
of  the  same,  That  the  said  Middlesex  Turnpike  Corporation  be, 
and  hereby  are  authorized,  so  far  to  vary  and  alter  the  course 
of  said  road,  as  to  enable  them  to  make  the  same  in  the  nearest 
practicable  route  from  said  point  in  Bedford,  crossing  Nutting's 
Pond,  to  said  Buisket  Bridge  in  Tyngsbury. 

Sect.  2.  Be  it  further  enacted,  That  the  aforesaid  corpora-  Proprietors  to 
tion  shall  pay  for  all  labour  which  has  been  performed,  and  all  P^y  damage?, 
damages  which  have  been  sustained  before  the  passing  of  this 
Act,  in  the  town  of  Chelmsford,  by  order  of  the  directors,  in 
making  the  road  according  to  the  route  or  directions  pointed  out 
in  the  Act  to  which  this  is  in  addition.  [June  23,  1806.]  Fur- 
ther acts— 1809  ch.  129  :  1810  ch.  120:  1811  ch.  28:  1819 
ch.  62. 

An  Act  to  authorize  Ebenezer  Thayer,  of  Quincy,   and   others,  to  build  a  Dam   Chap.  6. 
across  Quincy  town  river,  so  called. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Ebenezer  Thayer,  of  Quincy,  in  the  county  of  Nor-  ^  Thayer  and 
folk,  his  successors,   and  all  such  others  as  may  be  associated  associates  em- 
with   him,   be,  and   hereby  are  empowered,  to  build  a  dam  powered. 
across  Quincy  town  river,  so  called,  for  the  purposes  of  erect- 
ing a  mill  or  mills  on  the  same,  above  James  Brackett's  land- 
ing, and  near  said  Thayer's  upper  wharf. 

Sect.  2.     Be  it  further  enacted.   That  said  Thayer  and  his 
associates,  shall  pay  all  damages  that  may  arise  to  the  owners  l^a°e^.^ 
of  any  land  that  may   be  flowed  in  consequence  of  said  dam, 
to  be  ascertained  in  the  same  manner  that  damages  for  flowage 
are  by  law. 

Sect.  3.  Be  it  further  enacted.  That  said  dam  shall  be  so 
constructed  as  to  prevent  any  person  or  cattle  from  passing 
over  the  same,  and  that  the  passage  way  at  the  flood  gates 
shall  be  at  least  twelve  feet  wide. 

Sect.  4.  Be  it  further  enacted.  That  whenever  any  two  of 
the  owners  of  the  meadow  above  said  dam,  whose  meadow  may 
be  flowed  in  consequence  of  said  dam,  shall  give  said  Thayer 
or  his  heirs  or  assigns,  «OTie  day's  notice,  that  they  wish  said 
flood  gates  to  be  opened,  for  the  purpose  of  cutting  the  grass  Gates  to  be 
on  said  meadow,  the  same  shall  be  opened  for  two  days  imme-  quh"d.'  * 
diately  after  said  notice,  once  in  each  year.     [June  23,  1806.] 

An  Act  to  establish  The  Taunton  and  South  Boston  Turnpike  Corporation.         ChoT).  7. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  John  Gillmore,  Joshua  Gillmore,  Samuel  Bass,  Esq.  Proprietors  ir- 
and  William  P.  Whiting,  while  they  remain  proprietors,  and  corporated. 
all  such  as  are  or  may  hereafter  become  proprietors,  and  their 
associates,  successors,  and  assigns,  be,  and  they  hereby  are 
constituted  a  corporation,  by  the  name  of  The  Taunton  and 


48  1806. Chap.  7—8. 

South  Boston  Tarnpike  Corporation,  with  all  the  powers,  pri- 
vileges, and  advantages,  and  under  all  the  restrictions,  and  lia- 
ble to  ail  the  penalties  which  are  expressed  in  an  Act  passed 
March  the  sixteenth,  one  thousand  eight  hundred  and  five,  de- 
fining the  general  powers  and  duties  of  turnpike  corporations ; 
for  the  pui-pose  of  laying  out,  making  and  keeping  in  repair  a 
turnpike  road  from  Taunton  Green,  so  called,  in  the  county  of 
Bristol,  nearly  on  a  straight  line,  to  the  cross  way  over  the 
great  Cedar  Swamp,  so  called,  and  from  thence  over  said  cross 
way  near  to  the  house  of  Joshua  Gillmore  in  Easton,  and  from 
thence  through  the  towns  of  Bridgewater  and  Sloughton,  the 
most  direct  and  convenient  route  to  the  Blue  Hill  Turnpike, 
where  a  locating  committee,  with  the  conseat  of  said  corpora- 
tion, may  lay  out  the  same. 

Sect.  2.     And  be  it  further  enacted^  That  when  said  road  is 
completed,  and  so  certified  by  the  committees  to  be  appointed 
according  to  law,  said  corporation  shall  be  authorized  to  erect 
Toll  gates.        two  whole  toll,  or  half  toll  gates  to  the  same  amount,  on  said 
Proviso  road,  in  such  places  as  they  may  find  most  expedient ;  Provid- 

ed, that  there  shall  not  be  more  than  one  whole  toll, .or  two 
half  toll  gates  south  of  a  point  one  mile  north  of  the  house  of 
Joshua  Gillmore  in  Easton  ;  provided  also,  that  whenever  one 
half  of  said  road  is  completed,  and  so  certified  by  said  commit- 
tees, said  corporation  shall  be  authorized  to  erect  one  whole 
toll,  or  two  half  toll  gates  on  the  same. 
Corporation  Sect.  3.     Be  it  further  enacted.  That  said   corporation  may 

may  hold  es-      purchase  and  hold  real  estate  adj  >cent  to,  and  for  the  accom- . 
***^'    .  modation  of  said  road   to   any   amount  not  exceeding  fifteen 

thousand  dollars. 

Sect.  4.  Be  it  further  enacted.  That  said  corporation  are 
hereby  authorized  to  grant  monies  to  such  persons  as  rendered 
service  to  the  proprietors  in  exploring  said  route,  and  other- 
wise previous  to  this  Act  of  incorporation.  \June  24,  1806.] 
Add.  act— 1817  ch.  30. 

(Jhat)    8.  *^"  ^*^^  ^^  alter  the  Names  of  certain  persons  therein  mentioned. 

BE  it  enacted  bij  the  Senate  and  Hovse  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  passing  of  this  Act,  William  Hunt,  of  Bo?^ 
ton,  otherwise  called  William  Chamherlain  Hunt,  be  allowed 
to  take  the  name  of  William  Hunt  Ghaniherlain  ;  any  thing  in 
the  Act  passed  the  14th  day  of  Marcn''last.  and  entitled,  '-'  An 
Act  to  alter  the  names  of  certain  per-ous  therein  mentioned," 
to  thecontrary,  notwithstanding  ;  tliat  Samuel  Williams,  of  Bos- 
ton, in  the  county  of  Suliblk,  merchant,  son  of  Gideon  Willi  .ms, 
of  Taunton,  in  the  county  of  Bristol,  be  allowed  to  take  the 
name  of  Samuel  Gideon  Williams ;  that  Thomas  Leg-'te,  the 
third,  of  Leominster,  in  the  county  of  Worcester,  be  allov\ed  to 
take  the  name  of  Thomas  Charles  Legaie;  that  Robert  Cun- 
ningham, a  minor,  and  gr:indson  of  David  Murray,  of  the  towa 
of  New-Castle,  in  »he  county  of  Lincoln,  be  allowed  lo  lake  the 
name  of  Robert  Murray;  that  Edmund  Jeweit,  of  Shirley,  in 
the  county  of  Middlesex,  be  allowed  to  take  the  name  of  Ed- 


1806. — -Chap.  11—12.  49 

mund  Morrill  Jewett.  And  each  of  the  persons  before  named, 
shall  in  future,  be  respectively  known  and  called  by  the  names 
which  they  are  severally  allowed  to  take  as  aforesaid ;  and 
the  same  shall  be  considered  as  their  onlv  proper  names  to  all 
intents  and  purposes.     [June  24,  1806.] 

An  Act  in   addition  to  an  Act,  entitled.   An  Act  for   incorporating  the  prcpne'iirs  (Jfign,   ||, 
of  the  Boston  Pier,  otlierwise  called  the  Long  Wharf,  in  the  Town  of  Boston.       Jn)v  14    1772. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  Proprietors  of  Boston  Pier,  or  Long  Wharf,  so  Proprietors 
called,  in  the  town  of  Boston,  be,  and  they  are  hereby  declar-  ""^^  ^°^^  ^^ 
ed  capable  in  law,  in  their  corporate  name  and  capacity,  to 
purchase,  and  to  have,  hold  and  enjoy,  and  possess,  iUp  land 
or  flats  on  which  the  Island  Wharf,  so  called,  near  to  said  Long 
Wharf,  has  been  erected,  together  with  any  and  all  such  lands, 
tenements  and  hereditaments,  and  the  rents,  profits  and  bene- 
fits thereof,  as  the  same  proprietors  shall  judge  necessary  or 
expedient  for  the  improvement  of  said  wharf,  and  for  widening 
the  passages  thereto:  Provided,  That  such  lands,  tenements  Proviso, 
and  hereditaments,  at  the  time  of  the  purchase,  shall  not  ex- 
ceed, in  value,  the  sum  of  fifty  thousand  dollars,  and  shall  not 
extend  more  than  one  hundred  and  fifty  feet  northerly  or 
southerly  of  the  present  north  and  south  lines  of  State-Street, 
or  of  the  said  Boston  Pier. 

Sect.  2.  And  be  it  further  enacted,  That  at  the  next  annual  Their  powet. 
meeting  of  said  Proprietors,  or  at  any  previous  meeting,  notifi- 
ed by  their  clerk,  according  to  their  existing  regulations,  the 
said  proprietors,  or  a  competent  majority,  formed  according 
lo  the  provisions  of  their  Act  of  incorporation,  shall  or  may 
agree  on  a  method  of  calling  future  meetings;  and  at  the  same, 
or  any  subsequent  meeting,  may  make  and  establish  any  rules 
and  regulations  that  shall  be  necessary  or  convenient  for  re- 
gulating said  wharf  and  appurtenances,  and  the  same  rules  and 
regulations  may  cause  to  be  kept  and  executed,  and  for  the 
breach  of  any  of  them,  may  order  and  enjoin  fines  and  penal- 
ties, not  exceeding  three  dollars.     [June  24,  1806.] 

An  Act  to  render  valid  the  doings  of  Charles  Folger,  Deputy  Sheriff  within  and  for  Chap.  1  2« 
the  county  of  Nantuclcet. 

WHEREAS,  divers  Vrits   and   precepts   have  been  served  Preamblet 
and  executed  by  Charles  Folger,  Deputy  Sheriff  within  and  for 
the  county  of  Nantucket,  since  the  resignation  of  John  Gard- 
ner, Esq.  late  sheriff  of  the  county  of  Nantucket,  and   before 
the  appointment  and  qualification  of  his  successor  in  office  : 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
all  writs  and  precepts  served  and  executed  by  the  said  Charles 
Folger,  deputy  sheriff  under  the  s  'id  John  Gardner,  Esq.  she- 
riff, within  and  for  said  county  of  Nantucket,  from  and  after  the 
first  day  of  March  last  past,  and  until  the  fourteenth  day  of  the 
present  month  of  June,  shall  be  considered  as  duly  and  legally 
served  and  executed  ;  and  the  same  are  hereby  rendered  legal 
and  valid,  in  every  respect,  so  far  as  relates  to  the  service  or- 

VOE.  IT.  7 


50 


1806. 


Chap.  13—16. 


Chap,  13. 


Preamble. 


Sentence  re- 
mitted. 


Chap.  15. 
1782  ch.  3. 
(V.  i.  p.  28.) 


Boundaries. 


Proviso. 


Chap.  16. 


execution  of  said  writs  or  precepts :  Provided  the  same  have 
been  legally  and  duly  executed  in  every  other  respect  but 
what  relates  to  the  resignation  of  the  said  John  Gardner,  Esq. 
[June  24,  1 806.] 

An  Act  to  remit  a  part  of  a  sentence  passed  by  the  Senate  of  this  Commonwealth 
against  John  Vinal,  of  Boston,  in  the  county  of  Suffolk,  upon  an  impeachment 
by  the  House  of  Representatives,  on  the  twenty-sixth  day  of  January,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred. 

WHEREAS,  John  Vinal  has  represented  to  the  Legislature 
the  great  affliction  and  distress  sufl'ered  by  himself  and  family, 
under  a  sentence  of  the  Senate  of  this  Commonwealth,  passed 
on  the  twenty-sixth  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred.  And  the  said  John  Vinal,  hav- 
ing since  the  passing  of  the  said  sentence,  conducted  himself  as 
a  good  citizen : 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  so  much  of  the  said  sentence,  and  no  more,  as  declares 
the  said  John  Vinal  disqualified  from  holding  any  office  of  ho- 
nour, trust,  or  profit  under  the  government  of  this  Common- 
wealth, be,  and  it  is  hereby  remitted.  And  the  said  John  Vi- 
nal is  hereby  restored  to  all  the  rights  and  privileges  of  a  citi- 
zen as  though  the  sentence  aforesaid  had  never  been  passed. 
[June  24,  1  806.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  for  incorporating  certain  interval 
Lands,  belongiug  to  certnin  inhnbitants  of  Springfield  and  West-Springfield,  ly- 
ing on  the  west  side  of  Connecticut  River,  and  on  both  sides  Agawam  River,  into 
a  common  field  ;"  passed  on  the  twenty-seventh  day  of  June,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eighty-two. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  line  of  said  common  field  be  so  varied,  as  to  exclude  from 
said  common  field  the  land  lying  northwardly  of  the  road  from 
Springfield  Bridge,  on  the  west  side  of  Connecticut  River,  to 
Agawam  Bridge ;  and  that  the  line  of  said  common  field  begin 
on  the  west  side  of  Connecticut  River,  on  the  south  side  of  said 
Springfield  Bridge,  thence  running  westvvardly,  the  south  side 
of  the  new  county  road,  till  it  strikes  the  old  county  road, 
thence  the  south  side  of  said  old  road,  as  lately  altered  by  a 
county  committee,  to  the  northeast  corner  of  Aribet  Leonard's 
land,  near  Agawam  Bridge,  thence  by  the  line  of  said  field,  as 
described  in  the  Act  to  which  this  is  in  addition:  Provided, 
That  nothing  in  this  Act  shall  be  so  construed  as  to  affect  the 
rights  of  the  towns  of  Springfield  or  West-Springfield,  to  the 
taxation  of  the  lands  hereby  excluded  from  said  common  field. 
[June  19,  1806.] 

An  Act  to  change  the  name  of  the  Town  of  Fartridgefield,  in  the  county  of  Berk- 
shire. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  date  of  this  Act,  the  name  of  the  said  town 
of  Fartridgefield  shall  cease,  and  the  said  town  shall  be  hence- 
forth called  and  known  by  the  name  of  Peru,  any  law  to  the 
contrary  notwithstanding.     [Jwne  19,  1806.] 


1806. Chap.  18—19.  51 

An  Act  to  authorize  the  owners  of  lots  of  land  adjoining  on  Accushnett  River,  in    Qhrin    f  o 
the  town  of  New-Bedford,  in  tlie  county  of  Bristol,  fioni  Clark's  Point,  so  called,  Jr  *         * 

to  the  head  of  navigatioti  in  said  river,  to  build  and  extend  wharves  beyond  low 
water  mark  in  said  river. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represeyi- 
iatives^  in  General  Court  assembled^  and  by  the  avtitority  of  the 
same,  Tliat  the  owners  and  proprietors  of  lots  of  land  adjoining  Proprietors 
Accushnett  River,  in  the  Town  of  New-Bedford,  in  the  county  «"ay  erect 
of  Bristol,  between  Clark's  Point,  so  called,  and  the  head  of 
navicration  in  said  river,  their  heirs  and  assigns,  shall  he,  and 
hereby  are  authorized  and  empowered  to  erect,  continue  and 
maintain,  wharves  parallel  with  the  line  of  their  several  lots, 
as  they  abut  upon  said  river ;  said  wharves  to  extend  to  the 
channel  of  said  river,  if  the  owners  of  said  lots  think  proper  ; 
and  each  owner  of  said  lot  shall  have  authority  to  provide 
docks,  or  erect  wharves,  as  aforesaid  on  the  aforesaid  extend- 
ed portion  of  his  said  lot,  in  such  way  and  manner  as  he  may 
think  proper,  not  exceeding  the  limits  of  said  channel  of  said 
river. 

Sect.  2.     Jnd  be  it  further  enacted.  That  if  at  any  time  here- 
after, it  shall  be  made  to  appear  to  the    satisfaction    of  the 
General  Court  of  the  Commonwealth  of  Massachusetts,  that 
the  erection,  maintaining,  or  continuing  said  whai-ves  or  docks, 
mentioned  in  the  first  section  of  this  act,  operates  any  obstruc- 
tion to  the  navigation  of  said  river,  or  to  the  right  of  taking 
shell  or  other  fish,  in  said  river,  in  that  case  the  said  General  Power  of  Ge- 
Court  shall   have  a  right,  notwithstanding  this  act,  to  make  "^rai  Court. 
such  provisions  respecting  the  navigation  of  said  river,  and  the       » 
right  of  taking  said  fish,  as  they  may  think  the  public  interest 
requires.     [June  23,  1806.] 

An  Act  to  establish  a  corporation  by  the  name  of  the  Stoughton  Turnpike  Corpo-   Chap,  19. 
ration. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Cortrt  assembled^  and  by  the  authority  of  the  same.  That  Persons  incor- 
Jonathan  Leonard,  and  Lemuel  Gay,  together  with  such  per-  por^^ed. 
sons  as  have,  or  may  hereafter  associate  with  them,  and  their 
successors  and  assigns,  shall  be  a  corporation  by  the  name  of 
The  Stoughton  Turnpike  Corporation,  for  the  purpose  of  mak- 
ing a  turnpike  road  from  near  the  dwelling-house  of  John 
Tucker,  in  Canton,  to  near  the  meeting-house  in  Stoughton, 
and  from  thence  to  terminate  in  the  Taunton  and  South  Boston 
Turnpike,  in  such  place  to  the  northward  of  the  dwelling-house 
of  Joshua  Gilmore,  of  Easlon,  as  the  proprietors  may  think  ex- 
pedient :  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,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  five. 

Sect.  2.     Be  it  further  enacted.  That  the  said   corporation 
shall  be  entitled  to  one  gate  w^ith  the  usual  toll,  or  two  gates 
with  one  half  the  usual  toll  at  each  gate  ;  and  when  tha<  part  Toligatfs. 
of  the  road  from  John  Tucker's  to  Stoughton  meeting-house 


Trustees. 


52  1806. Chap.  20—23. 

shall  he  completed  and  accepted  by  the  court's  committee, 
they  shall  then  have  liberty  to  erect  a  gate  thereon,  and  de- 
mand and  receive  one  halt"  the  usual  rales  of  toll. 

Sect.  3.  Be  it  further  enacted^  That  any  person  who  shall 
travel  on  any  part  of  said  turnpike  road,  not  made  on  an  old 
road,  and  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  be  entitled  to  demand  and  receive,  the 
same  rate  of  loll  for  his  carriage,  team,  sleigh,  horses  or  cattle, 
as  he  would  be  liable  to  pay  if  he  actually  passed  such  gate. 
[June  23,  1806.]     Further  time  allowed — 1811  ch.  11. 

Chap'  20.        An  Act  in   adriitinn  to  an  Act  entitled,  "An  Act  to  establish   Day's  Academy," 
1805  ch.  105.  P"'ssec1  March  13,  180\ 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  iind  by  the  authority  of  the  same,  That 
all  those  persons  who  now  are,  or  hereafter  may  be,  the  dea- 
cons of  the  first  congregational  society  in  the  town  of  Wren- 
tham,  in  the  county  of  Norfolk,  shall,  together  with  such  other 
per--ons  as  are  named  in  the  first  section  of  the  said  act,  be  the 
Trustees  of  said  Academy  ;  and  they  shall  have  all  the  rights, 
powers  and  privileges,  which  the  Board  of  Trustees,  constituted 
by  said  act,  have  by  virtue  thereof.     [June  24,  1806.] 

L>hap»  22.       An  Act  to  set  off  Clement  Sumner,  and  his  estate  from  the  first  to  the  third  parish 
in  Roxbury. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
Clement  Sumner  with  his  estate,  consisting  of  about  twenty- 
two  acies  of  land,  and  a  dwelling  house  thereon,  in  the  town  of 
Roxbury,  for  himself,  his  heirs  and  assigns,  be,  and  hereby  is 
separated  from  the  first,  and  annexed  to  the  third  parish  in 
said  Roxbury.     [June  24,  1806.] 

Chap,  23,       An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  establish  The  Twelfth  Mas-f 
1801  ch  22.  sachusetts  Turnpike  Corporation.'" 

(V.  2.  p.  456.)  WHEREAS  the  penalty  provided  by  the  fourth  section  of 
an  Act,  entitled,  ''  An  Act  to  establish  The  Twelfth  Massachu- 

Preamble.  setts  Turnpike  Corporation,"  has  been  found  insufficient  for  the 
purpose  intended,  and  for  the  protection  of  the  property  of 
said  corporation  : 

Sect.  1 .  Be  it  therefore  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled^  and  by  the  authority  of  the 

Persons  injur-    same.  That  if  any  person,  from  and  after  the  passing  of  this  act, 

^e,  e  rod  ,  ^\^^\\  p^]]  {]own  and  destroy,  or  wantonly  and  maliciously  de- 
face or  injure,  any  gate  which  is,  or  may  be  by  law  establish- 
f.d  on  said  Turnpike,  or  shall  throw  down  or  destroy  any  part 
pf  the  wall  erected  for  securing  gravel  on  the  same,  or  shall 
pull  down,  destroy,  or  deface  any  railing  erected  thereon  for 
the  safety  and  security  of  travellers,  or  shall  pull  down,  de- 
stroy or  deface,  any  sign,  expressing  the  rates  of  toll,  granted 
by  law  to  said  corporation,  or  shall  pull  down,  destroy  or  de- 
face any  guide  board  or  mile  stone,  erected  on  said  turnpike, 

Penalty.  such  person  shall  forfeit  and  pay  a  fine  not  exceeding  one  hun- 

dred dollars,  nor  less  than  fifty  dollars,  for  each  and  every 


1806. Chap.  23—24.  53 

such  offence ;  to  be  recovered  in  an  action  of  trespass,  by  the 
treasurer  of  said  corporation,  for  the  use  thereof. 

Sect.  2.  Be  it  further  enacted,  That  if  any  person,  through  Owners  of  land 
whose  land  said  turnpike  may  pass,  shall  suffer  a  road  to  be  ^^'jjth°^.'^^ad 
kept  open,  or  any  new  road  to  be  made  on  his  land,  running 
in  the  same  direction  with  the  turnpike,  within  forty  rods 
of  any  gate  erected  on  the  same,  so  as  to  admit  persons, 
other  than  the  owner  of  said  land  to  pass  said  gate,  with  intent 
to  evade  the  toll,  such  person  shall  forfeit  and  pay  a  fine  not 
exceeding  one  hundred  dollars,  nor  less  than  fifty  dollars,  to 
be  recovered  by  the  treasurer  as  aforesaid,  for  the  use  of  said 
corporation,  in  an  action  of  trespass  on  the  case. 

Sect.  3.  And  be  >  I  further  enacted^  That  the  Justices  of  the  Court  Jus.  C.  Pleas, 
of  Common  Pleas  within  and  for  the  county  of  Berkshire,  or  fo^'lhe'gaie?'''' 
any  two  of  them,  are  hereby  authorized  to  fix,  determine  and 
establish,  the  place  where  the  gate  that  is  now  placed  at  the 
foot  of  Molasses  Hill,  on  said  turnpike,  shall  hereafter  be 
placed,  fixed  and  established  ;  and  whenever  said  justices  have 
so  fixed  and  establish  said  gate,  they  shall  cause  their  said  de- 
termination respecting  the  place  where  said  gate  is  to  be  fixed, 
placed  and  established,  to  be  recorded  by  the  clerk  of  said 
Court  of  Common  Pleas  at  the  next  term  of  said  court,  after 
such  determination  by  them  had  as  aforesaid;  provided  however^  Proviso, 
that  said  justices  shall  give  notice  in  such  way  and  manner  as 
they  may  think  proper,  to  all  persons  interested  in  the  location 
and  establishing  of  said  gate,  of  the  time  and  place  of  their 
meeting  for  the  purpose  of  determining  on  the  fixing,  locating 
and  placing  of  said  gate;  to  the  intent  that  all  persons  inter- 
ested may  have  an  opportunity  to  appear  before  them,  and  be 
heard  relative  to  said  location  and  placing  of  said  gate. 

Sect.  4.  Be  it  further  enacted.  That  if  any  person  with  his 
or  her  horse,  cattle,  team,  or  carriage,  shall  go  round  any  gate 
established  on  said  turnpike,  with  intent  to  evade  the  toll,  such  Penalty  for 
person  shall  forfeit  and  pay  a  fine  of  five  dollars,  to  be  re-  evading  toll. 
covered  as  aforesaid  by  the  treasurer,  in  an  action  of  trespass 
on  the  case,  for  the  use  of  the  corporation. 

Sect.  5.  Be  it  further  enacted,  That  from  and  after  the 
passing  of  this  act,  the  rates  of  toll  to  be  demanded  and  receiv-  Rates  of  toil. 
ed  at  each  of  the  gates  of  the  said  corporation,  shall  be  equal, 
and  the  same  at  both  of  said  gates,  and  shall  be  the  same  as 
are  fixed  in  the  additional  act  establishing  the  said  corpora- 
tion ;  excepting  in  the  following  articles,  viz.  each  sled  or  sleigh 
drawn  by  two  horses  or  oxen,  shall  in  future  pay  only  four 
cents  ;  and  all  waggons  or  carts  drawn  by  two  horses  or  oxen, 
shall  in  future  pay  six  cents  only  at  the  west  gate  ;  and  all 
horses,  mules,  or  cattle,  led  or  driven,  shall  pay  one  cent  each  ; 
any  thing  in  the  before  mentioned  acts,  to  which  this  is  an  ad- 
dition, to  the  contrary  notwithstanding.     [June  24,  1806.] 

An  Act  to  incorporate  sundry  persons  by  the  name  of  The  Truro  Pond   Harbor   \yhap,  24. 
Corpoiation. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  Gewral  Court  aswnbkd,  and  by  the  authority  of  the 


54  1806. Chap.  24. 

Persons  incor-  same,  That  Jason  Ayres,  Caleb  U.  Grozer,  and  others  their  as- 
perated, sociates,  together  with  their  successors  and  assigns,  be,  and 
they  are  hereby  created  a  body  politic  and  corporate,  by  the 
name  of  The  Truro  Pond  Harbor  Corporation,  and  by  that 
'        name  may  sue  and  be  sued,  plead  and   be  impleaded,  pursue 
and  be  pursued  to  final  judgment  and  execution  in  any  court  of 
record  proper  to  try  any  matter  which  may  be  in  controversy, 
and  may  have  a  common  seal,  and  may  exercise  and  enjoy  all 
the  rights  and  powers  which  are  by  law  incident  to  similar  cor- 
porations, for  the  purpose  of  opening  a  passage  from   the  sea 
into  a  certain  pond  and  quagmire,  lying  on  the  western  side  of 
said  town,  near  the  sea,  and  of  clearing  out  said  pond  and 
quagmire,  so  as  to  make  the  same  a  competent  and  convenient 
harbor,   for  the  admission  and  security  of  vessels,  with  the 
right  to  hold  the  same  pond  and  quagmire,  together  with  all  the 
lands  surrounding  the  same  to  the  distance  of  four  rods  there- 
Their  powers,    from,  to  them  and  their  successors  forever.     And  the  said  cor- 
poration shall  have  power  to  make  and  put  in  execution,  such 
by-laws  and  regulations  as  to  them  shall  seem  fit  for  the  go- 
vernment of  said  corporation  and  the  prudent  management  of 
Proviso.           their  affairs ;  provided,  the  said  by-laws  be  not  repugnant  to 
the  constitution  and  law  of  this  Commonwealth  :  And  said  cor- 
poration shall  always  be  subject  to  the  rules  and  regulations 
herein  prescribed. 
May  take  pro-       Sect.  2.     Be  it  further  enacted,  That   the  said  corporation 
perty,  making    p^gy  purchase  and  hold  any  other  lands  or  flats  which  qiay 
mpensa  ion.   j^^pgjp  ^^^  prosecution  of  said  undertaking,  and  shall  be  under 
obligation  to  pay  to  the  owners  or  proprietors  of  said  pond  or 
quagmire,  and  to  any  other  person  or  persons  whose  lands  or 
flats  may  be  taken  as  aforesaid,  or  whose  right  may  be  im- 
paired by  the  privileges  and  rights  hereby  granted  to  said  cor- 
poration, such  damages  as  may  be  sustained  by  the  taking  of 
said  pond,  quagmire,  lands  and  flats,  to  be  estimated  as  in  cases 
of  turnpike  roads,  where  the  same  cannot  be  done  by  volunta- 
ry agreement. 
Duties obiiga-        Sect.  3.     Be  it  further  enacted.  That  it  shall  beat  all  times 
*°*"y'                the  duty  of  said  corporation  to  keep  the  said  Pond  Harbor  in 
a  sufficient  state  of  repair  for  the  reception  and  safe  lodgment 
of  vessels  ;  and  to  construct  on  the   shores  thereof,   and  keep 
in  sufficient  repair,  convenient  wharves  for  the  loading  and  de- 
livery of  cargoes   to   and  from  said  vessels.     And  when  said 
harbor  and   whai-ves  shall  be   prepared   and   constructed    as 
aforesaid,  the  said  corporation  shall  be  entitled  to  demand  and 
receive  from  each  vessel  entering  said  Pond  Harbor,  the  fol- 
lowing rates  of  toll,  viz  : 
Rates  of  toll.        For  evevy  vessel  under  twenty  tons   burthen,    lying  at  a 
wharf  in  said  harbor,  thirty  cents  per  day,  otherwise  twenty 
cents,  per  week  ;  for  every  vessel  of  twenty  tons  burthen,  and 
more,  and  not  exceeding  fifty  tons,  lying  at  a  wharf,  fifty  cents 
per  day  ;  otherwise,  thirty  cevits  per  week  ;  for  every  vessel 
of  fifty  tons  burthen,  and  upwards,  lying   at  a  wharf,  one  dol- 
lar per  day,  otherwise  fifty  cents  per  week ;  for  every  boat 
•Entering  said  harbor,  eight  cents ;  besides  the  same  rates  for 


1806. Chap.  24.  55 

all  articles  received  or  landed  by  such  boat,  as  is  established 
for  wharfage  of  articles  received  or  discharged  by  other  ves- 
sels. And  said  corporation  shall  be  entitled  to  demand  and 
receive  the  following  rates  of  wharfage  :  For  every  bag  of  cof- 
fee, pimento,  or  sugar,  two  cents;  for  every  bale  of  cotton,  and 
every  bag  of  hops,  ten  cents  ;  for  every  chest,  crate,  case, 
trunk,  box  and  package,  twelve  and  a  half  cents ;  for  every 
barrel  four  cents ;  for  every  cask  of  nails,  four  cents  ;  for  every 
thousand  of  boards,  staves  or  hoops,  twenty-five  cents  ;  for 
every  box  of  sugar,  seven  cents  ;  for  every  box  of  choco- 
late, candles,  soap  or  glass,  two  cents ;  for  everj''  thousand  of 
brick,  twenty-five  cents  ;  for  every  thousand  of  clapboards, 
twenty  cents  ;  for  every  quintal  of  green  salt  fish  one  cent ; 
for  every  quintal  of  dry  salt  fish  two  cents ;  for  every  bushel 
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  hogshead  or  pipe,  ten  cents ;  for  every  ton  of  iron, 
cordage  or  timber,  thirty  cents  ;  for  every  thousand  of  laths, 
six  and  one  quarter  cents  ;  for  every  ton  of  stones,  twenty 
cents  ;  for  every  hundred  feet  of  timber,  ten  cents  ;  for  every 
bolt  of  duck,  one  cent;  for  every  hogshead  of  salt,  six  and  a 
quarter  cents  ;  for  every  thousand  of  shingles,  six  and  one  quar- 
ter cents ;  for  every  tierce,  seven  cents  ;  for  every  cord  of 
wood  or  bark,  twelve  and  a  half  cents  ;  for  every  hundred  of 
posts  or  rails,  twelve  and  a  half  cents  ;  for  every  hundred 
weight  of  beef,  pork  or  cheese,  two  cents  ;  for  every  bushel  of 
apples,  turnips  or  potatoes,  one  cent ;  for  every  empty  cask, 
half  the  rates  before-mentioned  ;  for  all  other  articles  not  here- 
in enumerated,  such  reasonable  rates  of  wharfage,  (not  exceed- 
ing one  per  cent,  on  the  value  of  the  property)  as  said  corpo- 
ration may  agree  upon  ;  saving  that  the  said  corporation  shall 
at  no  time  have  a  rii^ht  to  demand  any  wharfage  for  green  un- 
salted  fish.  And  the  wharfage  of  all  goods  landed  from  said 
harbor,  shall  be  paid  by  the  person  landing  the  same,  except 
the  wharfage  of  wood  and  lumber,  which  shall  be  paid  by  the 
purchaser  thereof;  and  the  wharfage  of  all  articles  taken  on 
board  anj^  vessel  in  said  harbor,  shall  be  paid  by  such  vessels, 
or  the  person  shipping  the  same. 

Sect.  4.  Be  it  further  enacted,  That  no  shark,  dog-fish,  or  Harbor  to  be 
olfal  of  other  fish,  shall  be  left  or  thrown  into  said  harbor,  or  i^^pt  clear. 
near  to  the  mouth  thereof,  so  as  to  be  floated  thereinto  by  the 
tide,  on  penalty  for  each  oftence  of  not  more  than  thirty  dol- 
lars, nor  less  than  three  dollars,  according  to  the  ageravation 
of  the  offence  ;  to  be  recovered  before  any  court  proper  to  try 
the  same,  by  the  treasurer  of  said  corporation,  in  an  action  of 
the  case  ;  one  half  of  which  penalty  shall  be  to  the  use  of  said 
corporation,  and  the  other  half  to  ihe  poor  of  said  town.  And 
no  person  shall  throw  any  ballast,  or  other  matter  or  thing, 
into  the  said  harbor,  or  the  entrance  thereof,  on  pain  of  for- 
feiting ten  dollars  for  each  ton  of  ballast,  or  other  matter  or 
thing,  throv^n  in  as  aforesaid  ;  to  be  recovered  to  the  use  of  the 
said  corporation,  by  the  treasurer  thereof,  in  an  action  of  the 
case  before  any  court  proper  to  try  the  same. 


56  1806. Chap.  24-^28. 

Corporation  Sect.  5.     Be  it  further  enacted,   That  if  said  corporation,  or 

subjected  to      ^^^^  pefson  in  their  employ,  shall  unreasonably  delay,  or  re- 
cases,  fuse  to  receive,  any  boat  or  vessel  into  said  harbor ;  or  shall 
demand  and  receive  more  toll  or  dockage  than  is  by  this  act 
allowed,  the  said  corporation  shall  forfeit  and  pay  to  the  party 
aggrieved  a  sum  not  exceeding  five  hundred  dollars,   nor  less 
than  ten  dollars,  to  be  recovered  by  action  of  the  case  in  any 
court  proper  to  try  the  same.     And  in  all  cases,  the  leaving  of 
an  attested  copy  of  a  writ  against  said  corporation,  with  the 
clerk  or  treasurer  thereof,  shall  be  deemed  a  proper  ser\  ice  of 
such  writ,  and  said  clerk  or  treasurer,  or  any  member  of  said 
corporation    shall   be   allowed    to    defend   any   suit   instituted 
against  the  same  without  any  special  authority  therefrom. 
Manner  of  Sect.  6.     Be  it  Jurther  enacted.  That  the  stock  or  proper- 
holding  stock,    ^y  of  said  corporation,  shall  he  held  by  the  proprietors  thereof, 
in   shares   not  exceeding  one   hundred  and  fifty,  and  shall  be 
numbered  in  progressive  order,  beginning  at  number  one.  And 
every  original  holder  of  any  such  share,  shall  receive  a  certi- 
ficate under  the  seal  of  said  corporation,  signed  by   the   trea- 
surer and  clerk  thereof,  certifying  his   property   in  the  share 
in  such  certificate  mentioned. 
Meetings  to  be       Sect.  1*     Be  it  further  enacted.  That  Jason   Ayres  be,  and 
appointed  for    |jg  jg  i^ereby  authorized,  to  call  the  first  meeting  of  said  pro- 

regulating  their        .  ,♦'  .  .».,  ^  ir  jr 

concerns.  prietors,  by  postmg  a  notification  thereot  at  the   Iront  door  of 

the  north  meeting  house  in  said  town,  seven  days,  at  least,  be- 
fore the  time  appointed  for  holding  said  meeting :  At  which 
meeting  said  proprietors  may  choose  a  President,  Directors, 
Clerk,  Treasurer,  and  Dockmaster,  and  such  other  officers  as 
they  may  think  proper  for  regulating  their  concerns;  and  in 
such  meeting  may  also  agree  upon  a  method  of  calling  future 
meetings.  And  said  elections,  and  all  others  made  by  said 
corporation,  and  all  other  questions  which  may  at  any  time 
come  before  them,  shall  be  determined  by  a  majority  of  votes 
reckoning  one  vote  to  each  share  ;  provided  that  no  one  per- 
son shall  be  entitled  to  more  than  ten  votes.  And  shares  in 
said  corporation  shall  be  taken,  deemed  and  considered  per- 
sonal property,  to  all  intents  and  purposes  whatever;  and  shall 
and  may  be  transferable,  and  the  mode  of  transferring  the 
same  shall  be  by  deed,  acknowledged  before  any  justice  of  the 
peace,  and  recorded  bj  the  clerk  of  said  corporation  in  a  book 
to  be  kept  for  that  purpose  ;  and  the  said  shares  shall  be  lia- 
ble to  attachment  and  execution. 

Sect.  8.  Be  it  further  enacted,  That  if  said  corporation 
shall  neglect,  for  the  space  of  five  years,  to  complete  the  said 
Pond  Harbor,  and  provide  wharves  therein  as  aforesaid,  this 
act  shall  then  become  null  and  void.     [June  24,  1806.] 

ChaDt  28.  -^'^  Act,  in  addition  to  an  act,  entitled  "  An  act  to  regulate  the  catching  Salmon, 

-•            '  Shad  and  Alewives,  and  to  prevent  obstructions  in   Merrimack  River,  and  in  the 

1789  ch.  51.  other  rivers  and  stieams  running  into  the  same,  within  this  Commonwealth,  and 

(V.  1.  p  272.)  for  repealing  several  acts  heretofore  made  for  that  purpose. 

(V.  1.  p.*  442.\  Sect.  1.  BE  it  enacted  by  the  Senate  and  Hmise  of  Represen- 
1793  ch.  62.  tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
(V.  1.  p.  519.)  g^jrne^  That  so  long  as  any  mill  or  mills,  or  mill  dam,  shall 


1 806. Chap.  28—3 1 .  57 

stand  and  be  kept  and  maintained  across  Beaver-brook,  in  the  i!^p2ch.5i. 
town  of  Dracut,  at  the  place  where  the  mills  of  Joshua  Brad-  i Jda^!".' its'? 
ley  now  stand  ;  the  owner  or  occupant  of  such  mill   or  mills,  (/. s.  p. 441.) 
and  mill  dams,  shall  be  required  and  held  to  keep  open  a  pas-  !y  ^3'''    \\ij\ 
sage  or  sluice  way  for  the  fish  to  pass  up  and  down  through      *   •  P-  ^ 
the  same,  which  shall  not  be  less  than  six  feet  wide ;  and  the  obligations  re- 
waters  therein,  not  less  than  six  inches  deep ;  and  the  owner,  ?""f.ti°L°.'',"" 
or  occupant  of  such  mill  and  dam,  shall  be  holden  to  keep  the  pautsof  mills. 
said  passage  or  sluice  way  below  the  dam  in  good  repair. 

Sect.  2.     Be  it  further  enacted,  That  so  long  as  the  owner,  Fulfilling  Con- 
or occupant  of  such  mill  or  mills   as  aforesaid,  shall  cause  to  dhions— not 
be  made  and  kept  in  good  repair,  and  left  open  such   passage  Jcuti^olu  ^  °*' 
or  sluice  way,  through   such  dam  or  dams,  of  the   dimensions 
and  depth  of  water  aforesaid,  such  proprietor  or  occupant  shall 
not  be  subject  to  any  prosecution  under  or  by  virtue  of  the 
act,  to  which  this  is  an  addition,  nor  to  any  forfeiture  or   pen- 
alty therein  contained. 

Sect.  3.  And  he.  it  further  enacted.  That  this  act  shall  contin- 
ue and  be  in  force  for  the  term  of  three  years  from  the  pass- 
ing thereof,  and  no  longer.     \^Feh.  3,  1 807.] 

An  Act  to  authorize  John  Wood  to  build  a  Mill  Dam,  with  a  passage  way,  across   ^hop*  30. 
Aponeganset  Rii'er,  in  the  town  of  Dartmouth. 

BE  it  enacted   by  the   Senate    and  House  of  Representatives, 
in  General  Court  assembled,  and  by    the  authority  of  the  same, 
That   under  the   direction  of  the   Selectmen  of  the   town    of  johnWood  aa- 
Dartmouth,  for  the  time  being,  John  Wood,  of  the   said  town,  thoriye^  'o 
is  hereby  authorized  to   build   a  Grist  Mill,   and   for  that  pur- ^'ii'^  ^  >"'''» 
pose  to  erect  a   Mill   Dam  across  Aponeganset   River,  in  the 
said  town  of  Dartmouth,   with  a  sufficient   passage,  or  sluice 
way,  for  the  passing  of  such  vessels,  boats,  or  rafts,  as  may  go  P^^^^^e^  "^^Y' 
up  said  river,    free  from   any  expense  to    the  passengers  or 
their  vessels.     And  the   said  passage  way  shall   be   at    least 
twenty-two  feet  wide,  and  the  place,  and  the  manner  of  build- 
ing the  same,  and  the  times  and  circumstances  of  passing  the 
same,  shall  at  all  times  be  regulated  and   directed    by  the   Se- 
lectmen of  the  said  town  of  Dartmouth.     And   upon  the  refu-  Penalty  in  case 
sal   or  neglect  of  said  John  Wood,  his    heirs  or  assigns,  to  of  neglect, 
open  the  flood  gates,  when  requested  and  when  practicable,  he 
shall  forfeit  and  pay  to  the    person  making  the  request,  for 
each  offence,  the  sum  of  two  dollars,  to  be  recovered   before 
any  justice  of  the  peace  for  the  said   county  of  Bristol.     Pro-  Proviso. 
vidcd  ahmys,  that  nothing  in  this  act  shall  be  construed  to  pre- 
vent owners  of  meadow  or   marsh  land,  which  may  be  flowed 
in  consequence  of  said  Dam,  from  recovering  the  damage  sus- 
tained thereby. 

And  provided  also.  That  a  passage  way,  to  and  from  the 
Ship  Yard  of  the  said  John  Wood,  to  the  great  road,  shall 
always  remain  free  for  the  use  of  the  inhabitants  of  said 
town.     {Feb.  6,  1807.]     Add  act— 1808  ch.  42. 

An  Act  to  annex  a  part  of  a  tract  of  land,  commonly  called    The  Oxford  South   Qhop,  31. 
Gore,  with  the  inhabitants  and  estates  thereon,  to  the  town  of  Oxford. 

BE  it  enacted  by    the   Senate  and    House  of  Representatives, 

VOL.    IV.  8 


58  1806. Chap.  31—38. 

in   General  Court   assembled,  and   hy  the  authority  of  the   sarngf 
That  Lemuel  Cudworth,  Craft  Davis,  Ezekiel  Davis,  David 
P  ,      Fitts,  Abijah    Harris,   Joseph   Kingsbury,  Ephraim   Kingsbu- 

estates  annex-  Tj,  Samuci  Kingsbury,  Jeremiah  Kingsbury,  jun.  John  Learn- 
ed to  the  town  ed,  John  Learned  the  3d,  living  on,  or  being  owners  of 
of  Oxford.  ^  jj.g^j  ^1"  j^j^j  lying  between  the  towns  of  Dudley,  Douglas, 
and  Oxford,  commonly  called  The  Oxford  South  Gore,  togeth- 
er with  James  Wallis,  of  Dudley,  and  all  other  the  inhabitants 
living  on,  or  owning  lands,  in  that  part  of  said  Gore,  hereby 
set  off,  with  their  families  and  estates,  although  not  particular- 
ly named  in  this  act,  and  without  the  line  of  the  town  of  Ox- 
lord,  as  the  same  is  described  by  the  following  bounds,  be, 
and  hereby  are  annexed  to,  and  made  a  part  of  the  said  town 
Boundary.  ^^  Oxford,  viz.  Beginning  at  the  line,  at  the  southeast  corner, 
between  Dudley  and  Oxford,  and  running  north,  thirty-four 
degrees  west,  three  hundred  and  twelve  rods;  thence  east, 
eight  degrees  north,  two  hundred  and  ten  rods ;  thence  north, 
eight  degrees  and  twenty  minutes  west,  two  hundred  and 
thirty-two  rods ;  thence  east,  eighteen  degrees  north,  three 
hundred  and  eighty-eight  rods  5  thence  south,  two  degrees 
and  forty  minutes  west,  one  hundred  and  thirteen  rods ;  thence 
virest,  two  degrees  and  forty-five  minutes  north,  eighty-five 
rods  ;  thence  south,  twenty-one  degrees  and  forty-five  minutes 
west,  four  hundred  and  thirty  rods;  thence  south,  eight  de- 
grees and  twenty  minutes  east,  eighty-nine  rods,  to  the  corner 
first  mentioned.     [Feb.  6,  1807.] 

Chart    '12  ^^  Act,  in  addition   to  the    arts  already  made,   for  establishing  and   regulating 

i^'        '  Day's  Academy  in  AVrentham. 

i806ch.'2o!'*  Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 

32.  stntalives,  in  General  Court  assembled,   and  by  the  authority  of 

Trustees  au-      the  same,  That  the  trustees  of  Day's  Academy,  be,  and   they 
thonzed.  hereby  are  authorized  and  empowered  to  enter  into  any  en- 

gagements, and  to  make  any  contracts,  which  they  may  judge 
proper  to  effect  the  purposes  of  the  said  corporation. 

Sect.  2.     Be  it  further  enacted,  That    the  said    trustees  be 

—Empowered    and  they  hereby  are  empowered,  to  have   and  to  hold   any 

ty '^bequ^eat^"d  l^^^^s,  monics  OT  Other  property,   heretofore  given,  or  which 

to  the  Aeade-    shall   hereafter  be  given,  granted,  devised    or  bequeathed  to 

™3^*  the  said  trustees  and  their  successors,  in    trust,  for  the  use  of 

the  said  Acadeui}' ;  on  such  terms  and  under  such   conditions 

and  proviijions  as  may  be  expressed   in  any  deed  or    instru- 

Proviso.  ment  or  bequest  or  conveyance,  made  to  them  :  Provided,  the 

amount  do  not  exceed  the  sum  specified  in  a  former  act.     \^Feb, 

6,  1807.] 

Chan    38  An  Act,  in  addition  to  an  act,  entitled,  "An  Art  authorizing  the  town  of  Deer- 

-i  '        '  field  to  loan  the  interest  of  certain  monies  in  the  treasury  of  said  town. 

(V.  3,  p.  83.)         ^^  '^  enacted  by  the  Senate  and  House  of  Representatives,  in 

General  Court  assembled,  and   by  the  authority  of  the  same,  That 

Inhabitants       the  inhabitants  of  the  town  of  Deerfield,  in    their  corporate 

empowered  to    capacity,  are  hereby  authorized  and  empowered,  to  sequester 
loan  money.  S        •in  •        ^u   ^  K  r  ^i        • 

and  apply,  all  monies  that  now  are,  or  hereafter  may  be   m 

the  treasury  of  said  town,  not  otherwise  appropriated,  not  ex- 


1806. Chap.  38—39.  59 

ceeding  the  sum  of  five  handred  dollars,  to  a  fund,  already 
established  by  the  act  to  which  this  is  in  addition,  for  the 
support  of  the  ministry  in  said  town ;  which  money,  when  so 
sequestered  and  applied,  shall  be  considered  as  a  part  of  the 
fund  above  mentioned  ;  and  shall  be  proceeded  with  in  the 
same  manner  as  is  already  provided  in  the  act  to  which  this 
is  an  addition  :  Provided  however,  that  nothing  in  this  act  shall  Proviso. 
be  so  construed,  as  to  hinder  or  deprive  any  person  or  per- 
sons, who  are  of  a  different  religious  denomination  from  those 
to  which  said  fund  now  belongs,  in  said  town,  from  drawing 
his  or  their  just  proportion  of  all  monies  so  to  be  sequestered 
and  applied,  by  his  or  their  applying  for  the  same.  [Feb.  11, 
1807.] 

An  Act,  to  establish  a  Corpoiation  for  the  purpose  of  draining  Green's  Harbour  C/lOP.  39. 
Marsh,  in  the  town  of  Marshfield.  ^ 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority  of  thz 
same,  That  Isaac  Winslow,  Luke-Wadsworth,  Judah  Thomas, 
and  Benjamin  White,  proprietors  in  Green's  Harbour  Marsh,  ^"^i^^  "^'^°'^' 
in  the  town  of  Marshfield,  together  with  their  associates,  and 
such  others  as  may  hereafter  associate  with  them,  and  their 
heirs  and  successors,  shall  be  a  Corporation  by  the  name  of 
Green's  Harbour  Canal  Company,  with  all  the  powers  and 
privileges  incident  to  similar  Corporations  ;  for  the  purpose  of 
draining  the  stagnant  water  on  Green's  Harbour  Marsh,  in 
the  town  of  Marshfield,  and  for  better  improving  said  Marsh, 
by  erecting  dikes  or  removing  bars  of  sand,  rocks,  or  other 
obstructions  that  oppose  the  draining  of  said  marsh ;  for  dig- 
ging a  canal  or  canals  for  said  water  to  pass,  into  Duxbury 
or  Plymouth  bay ;  and  building  a  bridge  or  bridges  across 
said  canal  or  canals,  if  the  same  should  intersect  any  private 
or  public  highway;  and  by  the  name  aforesaid,  may  sue  or 
be  sued,  and  do  and  sufier  whatever  other  similar  bodies  pol- 
itic may  or  ought  to  do  and  suffer. 

Sect.  2.     .^nd   be  it  further    enacted,    That  any  Justice  of  Justices  em- 

the  Peace  in  the  county  of  Plymouth,  be,  and  he  is  hereby  powered  to 

1         J     T        ,    1  1-      .•         •  V-  r  issue  warrants, 

empowered   and  directed,  upon    application   in  writing,  irom 

every  five  or  more  of  said   Proprietors,  to  issue  his  warrant 
to  one  of  the  Proprietors   aforesaid,  requiring  him    to  notify 
and  warn   a  meeting  of  said   Proprietors,  at  such    time   and 
place  as  he  shall  think  most  convenient,  the  purposes  to  be 
expressed  in  said  warrant,  by  posting  up  copies  of  said  war- 
rant with  the  notification  thereon,  at  the  south  meeting  house 
in  the  town  of  Marshfield,  seven  days  at  least  before  the  time 
of  holding  said  meeting;  and  the  said  Proprietors  when  legally 
assembled  as  aforesaid,  shall  have  power  to  choose  a  clerk,  ; 
committee  or  committee?,  assessors,  collector,  or  collectors  of  \ 
taxes,  and  treasurer;  so  shall   be  sworn   to  the  faithful  dis-  Election  of 
charge  of  the  trust  reposed  in  them,  and  continue  to  serve  un-  °  ""* 
til  others  are  chosen  and  sworn  in  their  places,  which  may  be 
annually ;  which  officers  chosen  and  sworn  as  aforesaid,  shall 
have  the   same   power  to  perforai,  execute,  and  carry  any 

; 


60  1806. Chap.  39 — 40. 

vote  or  order  of  said  Corporation  into  full  effect,  as  town  of- 
ficers of  like  description  have  by  law.  And  said  Corporation 
shall,  at  their  first  meeting,  agree  and  determine  upon  the 
method  of  calling  future  meetings  ;  and  each  Proprietor  shall 
vote  according  to  the  number  of  shares  jie  holds  in  said  Cor- 
Proviso.  poratipn.  Provided  no  one   Proprietor  shall   be  allowed  more 

than  five  votes  ;  and  said  Corporation  shall  at  their  first  meet- 
ing, or  at  any  other  meeting  legally  called  for  that  purpose, 
have  power  to  vote  and  raise  monies  for  all  expenses  that 
have  arisen,  or  may  arise  in  draining  the  marsh  aforesaid,  or 
better  improvement  of  the  same,  including  the  making  of  ca- 
nals, erecting  dikes,  removing  dams  and  bars  of  sand,  build- 
ing a  bridge  or  bridges  across  said  canal,  purchasing  lands 
necessary  to  carry  the  object  of  said  corporation  into  effect, 
as  likewise  paying  the  damages  individuals  may  sustain  by 
reason  of  the  erection  of  the  dikes,  or  digging  the  canals  afoi*e- 
said,  and  all  monies  voted  and  raised  aforesaid,  shall  be  as- 
sessed on  each  Proprietor  in  the  marsh  aforesaid,  in  propor- 
tion to  the  number  of  acres,  or  value  thereof,  he  or  she  may 
own  in  said  marsh;  and  if  any  proprietor  shall  neglect  or  re- 
fuse to  pay  the  sum  or  sums  assessed  upon  him  or  her  as 
aforesaid,  after  sixty  days'  notice,  so  much  of  his  or  her  marsh 
land  aforesaid,  shall  be  sold  as  will  be  sufficient  to  pay  the 
same,  with  legal  costs,  in  the  same  manner  as  non-resident 
proprietors'  land,  in  this  Commonwealth,  are  sold  to  pay 
taxes. 
Corporation  «  Sect.  3.  And  be  it  further  enacted.  That  said  Corporation 
empoweied  to  '•  shall  have  full  power  to  purchase  and  hold  any  real  estate  not 
<ate/^^' ^^'  exceeding  fiftj"-  acres,  that  may  be  necessary  to  carry  their  de- 
signs into  effect  J  and  said  Corporation  shall  be  holden  to  pay 
;  all  damages  which  shall  arise  to  any  person  through  whose 
''  i  land  said  canal  or  canals  shall  be  du?.  or  on  whose  land  said 

I  dikes  shall  be  erected ;  when  it  cannot  be  obtained  by  volun- 
j  tary  agreement,  said  damages  to  he  estimated  by  a  committee 
1  appointed  by  the  Court  of  General  Sessions  of  the  Peace,  in 
I  the  county  of  Plymouth,  saving  to  either  party  a  right  of  tri- 
I  al  by  Jury,  according  to  the  law  which  makes  provision  for 
I  the  recovery  of  damages  happening  by  the  laying  out  of  pub- 
'    lie  highways.     [Ff5.  1 1,  1  807.] 

Chap.  40.        ^"  -'^^'^  ^°  incoipoiate  a  Baptist  Society  in  Wiruisor,  m  tlie  County  of  Berkshire. 

Sect.  1.  BE  it  enacied  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
Persons  incor-  That  Samuel  Ammidon,  Joshua  Beals,  Thomas  i3eiknap,   Eb- 
^°^*^  •  enezer  Blanchard,  Josiah  Blanchard,  Stephen  Blanchard,  Jes- 

se Bussey,  Amos  Bowen,  Samuel  Chapman,  Ezra  Chapman, 
Ezra  Chapman,  jun.  Daniel  Chapman,  Daniel  Chapman,  jun. 
Joseph  Dunbar,  Samuel  Dunham,  Cornelius  Dunham,  Smith 
Eddy,  Jeremiah  Erskine,  Nathaniel  Geer,  John  Hall,  John 
Harrod,  Lyman  Kendall,  Chester  Lamb,  Nathaniel  Luther, 
Ezra  M'Intire,  William  Moor,  Zebulon  Packard,  Simeon  Park, 
Gideon  Pierce,  Eber  Pierce,  John  Pierce,  William  Read,  Ben- 


1806.  -, Chap.  40—41,  01 

jamin  Remington,  Jabez  Spaulding,  William  Smith,  Joseph 
Talcott,  Zadock  Thomas,  Isaac  Tyler,  Daniel  Tyler,  Riifus 
Wescot,  Sylvanus  Wentvvorth,  and  Shadrarh  Pierce,  together 
with  such  others  as  have,  or  may  hereafter  associate  with  them, 
and  their  successors,  with  their  families  and  estates,  be,  and 
they  are  hereby  incorporated  into  a  Society,  for  Religious  pur- 
poses only,  by  the  name  of  the  Baptist  Society  in  Windsor, 
with  all  the  powers  and  privileges  to  which  other  parishes  or 
religious  societies  are  entitled  by  the  Constitution  and  Laws  of 
this  Commonwealth. 

Sect.  2.     Be  it  further  enacted,  That  any  person  in  the  said  Meinbevs  to 
town  of  Wmdsor,  being  of  the  Baptist  denomination  aforesaid,  obtain  a  cei* 
who  may  at  anytime  hereafier  actually  become  a  memJ.er  of,  ^'ficate. 
and  unite  in  religious  worship  with  the  said  Society,  and  give 
in  his  or  her  name   to   the   Clerk  of  the  town   or  parish,  to 
which  he  or  she  belongs,  with  a  certificate  signed  bv  the  Min- 
ister or  Clerk  of  said  Society,  that  he  or  she  has  actually  be- 
come  a  member  of,  and  united  in   religious  worship  with  the 
said  Baptist  Society  in  Windsor,   fifteen  days  previous  to  the 
annual  town  or  parish  meeting,  shall,  from  and   after  the  giv- 
ing such  certificate,  with  his  or  her  polls  and  estate,  be   con- 
sidered as   part  of  said   Society.     Provided  however,  that  such  Provita. 
person  shall  be  held  to  pay  his  or  her  proportion  of  all   mo- 
ney assessed  for  parochial   purposes  in  the  town  or  parish  to 
which  he  oi-  she  had  previously  belonged. 

Sect.  3.     Beit  further    enacted,  That   if  any    member   of  Measures  ne- 
said  tiaptist  Jsociety,  shall  at  any  time  see  cause   to   leave  the  cessaiy  in  case 
same,  and  to  unite  in  religious  worship   with   any  other  reli-  °^  '.saving  the 
gious  Society  in  said  town,  and  shall  declare  such  intention  in  '°"^'^' 
writing,  to  the  minister  or  clerk  of  such  religious   society  fif- 
teen days  at  least  before   the   annual  town  or  parish  meeting, 
and  shall  previously  pay  his  or  her  proportion  of  all  money 
assessed    for  parochial    purposes    therein,  such    person  shall, 
Irom  and  after  declaring  such   intention,  with   his  or  her  poll 
and  estate,  be  considered  as  belonging  to  the  society  to  which 
he  or  she  has  thus  united. 

Sect.  4.  And  be  itftrther  enacted.  That  any  Justice  of  the 
Peace  for  the  county  of  Berkshire,  is  hereby  "authorized,  upon 
application  therefor,  to  issue  a  warrant,  directed  to  some  mem- 
ber of  the  said  Baptist  society,  requiring  him  to  notify  and  warn 
the  members  thereof  to  meet  at  such  convenient  time  and  place  ciioiceofoffi- 
as  shall  be  appointed  in  said  warrant,  for  the  choice  of  all  such  "'^' 
officers  as  other  parishes  or  religious  societies  are  by  law  re- 
quired to  choose  at  their  annual  meetings.     [Feb.  11,  1807.] 

An  Act  authorizing  the  town  street   School  District,  in  the   town  of  Deerfield,  to  rhr,r.    A  i 
erect  two  or  more  School  Houses  within  said  District.  ^fiap.  41, 

BE  It  enacted  by  the  Senate  and  House  of  Representatives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same.  That  the  in- 
habitants of  the  town  street  school  district,  in  the  town  of  Deer- 
field,  be,  and  they  hereby  are,  authorized  and  empowered  to 
raise  money  for  the  purpose  of  erecting  and  keeping  in  repair 
two  or  more  school  houses  within  said  district,  in  the  same  man- 


62 


1806. 


Chap.  41—44. 


1799  ch.  66, 


Chap.  44. 


Persons  incor- 
porated. 


Brapowered. 


Aisessments. 


Delinquent's 
shares  to  be 
sold. 


ner,  and  subject  to  the  same  restrictions,  as  the  inhabitants  of 
other  school  districts  are  authorized  to  raise  money  for  the  pur- 
pose of  erecting  and  keeping  in  repair  one  school  house,  by 
virtue  of  an  act,  entitled,  "  An  act  in  addition  to  an  act,  enti- 
tled an  act  to  provide  for  the  instruction  of  youth,  and  for  the 
promotion  of  good  education ;"  passed  February  twenty-eighth, 
in  the  year  of  our  Lord  one  thousand  eight  hundred.  [Fe6. 
11,  1807.] 

An  Act  to   incorporate   the  proprietors  of  the  Female  Academy,  in   the  town   of 
Pittsfield. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Joshua  Danforth,  Joseph  Merrick,  and  Ezekiel  Bacon, 
together  with  the  persons  who  now  are,  or  who  hereafter  shall 
be  proprietors  of  the  building  lately  erected  for  the  purpose  of 
a  female  academy,  in  the  town  of  Pittsfield,  in  the  county  of 
Berkshire,  and  of  the  land  under  and  adjoining  the  same,  be, 
and  they  hereby  are  incorporated  and  made  a  body  politic,  by 
the  name  of  the  Proprietors  of  the  Pittsfield  Female  Academy ; 
and  in  that  name  may  sue  and  be  sued,  and  shall  be  invested 
with  all  the  powers,  privileges  and  immunities,  to  which  other 
similar  corporations  in  this  Commonwealth  are  entitled  by  law ; 
and  shall  be  capable  of  purchasing  and  holding  estate,  real  or 
personal,  provided,  that  the  annual  income  of  the  whole  estate 
of  said  corporation,  beside  the  building  aforesaid,  shall  not  at 
any  time  exceed  the  value  of  twelve  hundred  dollars.  * 

Sect.  2.  Be  it  further  enacted.  That  the  proprietors  of  said 
academy,  be,  and  they  hereby  are  authorized  and  empowered, 
to  raise,  by  an  assessment  on  the  shares  in  said  corporation, 
such  sum  or  sums  of  money  for  the  keeping  and  maintaining  a 
school  for  the  instruction  of  females  in  useful  and  elegant  ac- 
complishments ;  for  the  support  and  maintenance  of  instructors, 
repairing  or  enlarging  said  building,  or  erecting  others  for  the 
purposes  aforesaid,  and  defraying  other  expenses  incident  there- 
to, as  they  shall  agree  on,  at  any  legal  meeting  called  for  that 
purpose  ;  and  the  sums  so  assessed,  shall  be  paid  by  the  pro- 
prietors of  said  shares  ;  and  if  any  proprietor  shall  neglect  to 
pay  any  assessment  which  shall  be  legally  made  upon  his  or 
her  share  or  shares,  for  the  space  of  sixty  days  after  the  same 
shall  have  been  made,  the  treasurer  of  said  proprietors  shall  be 
authorized  and  empowered  to  sell  and  convey  so  many  of  said 
delinquent's  shares  in  the  said  corporation,  as  shall  be  neces- 
sary to  pay  his  or  her  assessments  so  remaining  unpaid,  at  pub- 
lic auction,  to  the  highest  bidder,  first  giving  notice  thereof, 
fourteen  days  at  least  previous  to  the  sale,  by  posting  up  noti- 
fications thereof,  at  two  public  licensed  houses  in  Pittsfield ; 
and  also,  by  advertising  the  same  two  weeks  successively,  in 
some  newspaper  printed  in  said  Pittsfield,  the  last  publication, 
to  be  in  like  manner,  at  least  fourteen  days  previous  to  said 
sale,  and  upon  such  sale,  to  execute  a  good  and  sufficient  deed 
or  deeds  thereof;  and  after  deducting  the  amount  of  said  de- 
linquent's assessment  and  all  incidental  charges,  the  said  trea- 


1806. . Chap.  44—46.  63 

surer  shall  pay  the  surplus,  if  any  there  be,  to  such  delinquent 
proprietor. 

Sect.  3.  Be  it  further  enacted^  That  Joshua  Danforth,  Esq. 
be,  and  he  hereby  is  empowered  and  directed  to  issue  his  war-  ^jjoj^g  ^f  ^g. 
rant  to  some  principal  member  of  said  corporation,  requiring  cers. 
him  to  warn  the  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  ;  at  which  meeting,  or 
at  any  other  meeting  duly  warned  and  holden,  said  proprie- 
tors may  agree  upon  the  mode  of  warning  all  future  meetings. 
[Feb.  13,  1807.] 

An  Act  to  incorporate  a  number  of  inhabitants  of  the  North  Parish  in  the  town  of  Chap.  46» 
Hingham,  in  the  county  of  Plymouth,  into  a  religious  society,  by   the  name    of 
the  Third  Congregational  Society  in  Hingham. 

WHEREAS,  a  number  of  the  inhabitants  of  the  North   Pa-  preamble, 
rish  of  Hingham,  have  petitioned  this  court  to  be  incorporated 
into  a   religious  society ;  and  it  appearing  reasonable  to  this 
court  that  the  prayer  of  their  petition  should  be  granted — 

Sect.  1 .  Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Joseph  Thaxter,  Benjamin  Gushing,  Benjamin  Lin-  ^^'J^J^J  •""^'' 
coin,  Thomas  Gill,  Joseph  Blake,  Levi  Lincoln,  Ebed  Hear-  ^  ' 
sey,  Samuel  Norton,  Noah  Hearsey,  Joseph  Hammond,  Jairus 
Leavit,  Moses  Whiton,  Isaiah  Gushing,  John  Barker,  Thomas 
Andrews,  Thomas  Thaxter,  jun.  Thomas  Loring,  William  Gush- 
ing, Jacob  Thaxter,  Thom:^s  Thaxter,  Abner  Lincoln,  John 
Souther,  Peter  Loring,  Ephraim  Andrews,  Peter  Hearsey,  Da- 
vid Lane,  Benjamin  Andrews,  Daniel  Thaxter,  Henry  Nye, 
David  Lincoln,  jun.  John  Beal,  jun.  Levi  Lincoln,  jun.  Samuel 
Andrews,  Caleb  Bates,  Loring  Bailey,  Perez  Lincoln,  Natha- 
niel Wilder,  Peter  Hearsey,  jun.  Edward  Thaxter,  Jarad  Lane, 
Rachel  Loring,  Christiana  Loring,  Sarah  Lane,  Susanna  Thax- 
ter, Chrissy  Gushing,  Susanna  Barker,  Susan  Barker,  Deborah 
Barker,  Sarah  Barker,  Bethiah  Barker,  Samuel  Norton,  jun. 
Jerusha  Howard,  Jerom  Gushing,  Abigail  Thaxter,  Ruth  Lo- 
ring, Elizabeth  Loring,  Gelia  Thaxter,  Hannah  Thaxter,  Eliza- 
beth Thaxter,  Qnincy  Thaxter,  Lydia  Loring,  Abigail  Lane, 
Caleb  Thaxter,  John  Basset,  Ezra  Whiton,  Nathan  Lincoln, 
Thomas  Wilder,  jun.  David  Lincoln,  Seth  Stoddard,  Lydia 
Stoddard,  Nabby  Bangs,  Warren  Burr,  Ebenezer  Gay,  Robert 
Thaxter,  George  French,  George  Barnes,  Caleb  Rice,  John 
Souther,  jun.  Martin  Lincoln,  Benjamin  Jones,  Samuel  Hobert, 
Ensign  Barnes,  Joseph  Hammond,  jun.  Canterbury  Barnes, 
John  Beal,  Mary  Gushing,  Ezekiel  Lincoln,  Elijah  Whiton,  3d, 
Nathan  Rice,  Spiller  Fillmore,  La  ban  Folger,  Beza  Lincoln, 
Jonathan  Lincoln,  Asa  Lincoln,  Ambrose  Lathrop,  Reuben 
Stoddard,  David  Andrews,  Silence  Gushing,  and  Starks  Whi- 
ton, the  petitioners,  with  their  polls  and  estates,  now  lying  with- 
in said  north  pari-^h,  and  what  they  shall  respectively  hold  on 
the  first  diy  of  May  annually,  in  said  parish,  shall  belong  to 
said  Third  Religious  Society,  be,  and  hereby  are  incorporated 
into  a  religious  society,  by  the  name  of  the  Third  Congrega- 


64  1806. Chap.  46—51. 

tional  Society  in  Hingham,  with  all  the  privileges,  powers  and 
immunities,  to  which  other  religious  societies  in  this  Common- 
wealth are  by  law  entitled. 

Sect.  2.  Be  it  further  enacted.,  That  any  of  the  members  be- 
longing to  the  sj^id  north  parish,  or  the  said  Third  Congrega- 
Timeof  beco-  tional  Society,  desiring  to  change  their  relation  from  one  parish 
ming  members,  to  the  Other,  shall  have  full  right  and  liberty  so  to  do,  with  their 
polls  and  estate,  at  any  time  previous  to  the  first  day  of  Feb- 
ruary, which  will  be  in  the  year  of  our  Lord  one  thousmd 
eight  hundred  and  eight ;  provided,  they  shall  signify  in  wri- 
ting, under  their  hands,  to  the  clerks  of  the  said  parish  and  so- 
ciety, their  wish  and  determination  to  be  considered  members 
of  said  parish  or  society,  and  they  shall  accordingly  be  record- 
ed as  such  by  the  said  clerks. 

Sect.  3.  Be  it  further  enacted,  That  all  young  persons   with- 
Measures  ne-    *"  ^^^  Hmits  of  said   north  parish,  when  they   shall  attain  the 
cessary  to  be-    age  of  twenty-one  years,  shall  have  full   liberty,  at  any  lime 
come  members,  within  twelve  months  after  they  shall  attain  said  age,  to  join, 
with  their  polls  and  estates  as  aforesaid, ^the  said  parish  or  so- 
ciety, by  signifying  in  writing  their  determination  to  the  clerks 
of  said  parish  and  society,  to  which  parish  or  society  it  is  their 
wish  to  join. 

Sect.  4.  Be  it  further  enacted,  That  if  any  person  who  may 
hereafter  settle  within  the  limits  of  said  parish,  shall  be  desir- 
ous to  join  the  society  aforesaid,  he  shall  have  full  liberty  to 
do  it,  any  time  within  twelve  months  from  his  settlement  in  the 
parish,  by  signifying  his  determination  of  the  same,  in  the  man- 
ner pointed  out  in  the  third  section  of  this  act. 

Sect.  5.  Jlnd  be  it  further  enacted,  That  Samuel  Norton,  Esq. 
or  any  other  Justice  of  the  Peace,  in  the  county  of  Plymouth, 
Justice  to  issue  be,  and  he  is  hereby  authorized  to  issue  his  warrant  directed 
bis  warrant.  ^^  some  member  of  the  said  Third  Congregational  Society,  re- 
quiring him  to  warn  the  members  of  the  said  society,  qualified 
to  vote  in  parish  affairs,  to  assemble  at  such  convenient  and 
suitable  time  and  place  as  shall  be  expressed  in  the  said  war- 
rant, to  choose  such  officers  as  parishes  are  by  law  required  to 
choose  in  the  month  of  March  or  April  annually,  and  to  trans- 
act all  other  matters  and  things  for  the  Avell-being  of  said  so- 
ciety.    [Ftb.  13,  1807.] 

Chap*  51.        -f^"  -^^'^  '"  incorporate  a   number  of  the  inhabitants  of  the  town  of  Loudon,  and 
-'  '        '  flistiict  of  Bethlehem,  as  a  Religious  Society,   by  the  name   of  the  United  Con- 

gregational Society,  in  Bethlehem  and  Loudon. 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Persons  incor-   That  Amos  Adams,  Samuel  Adams,  Edmund  Bancroft,  Joshua 
porated.  Bartlett,  Moses  Beard,  James  Brakenridge,  Samuel  Byington, 

jun.  Isaiah  Clark,  Timothy  Cole,  Joseph  Fowler,  Thaddeus 
Granger,  Thaddeus  Granger,  2d,  Isaac  Hunter,  John  Hunter^ 
Samuel  Hunter,  Chauncy  Ives,  Adonijah  Jones,  Miles  Jones, 
Seth  P.  Kingsbury,  Joseph  Kingsbury,  David  Manley,  Daniel 
Manley,  Sh'ubael  Manley,  George  Manley,  John  Meril,  Na- 
than Pearl,  Richard  Pearl,  Joshua  Shaw,  Lucius  Smith,  Sam- 
uel Smith,  Daniel   Smith,  Joel   Smith,  Justus  Smith,  Elijah 


1806. Chap.  51.  65 

Smith,  Elijah  Smith,  2cl,  John  Spear,  Daniel  Sumner,  Wil- 
liam Sumner,  Samuel  Underwood,  Thomas  Ward,  Abner 
Waters,  Benjamin  Waters,  Benoni  Webb,  Reuben  Webb,  Jo- 
nah Webb,  David  Webster,  and  John  Webster,  all  of  Bethle- 
hem ;  and  Samuel  Baldwin,  Abel  Barber,  Benjamin  Barber, 
Roswell  Barber,  Elisha  Cook,  John  Cook,  Thomas  Cook,  Jere- 
miah Daly,  John  Davison,  Thomas  Davison,  James  Dvvolf, 
Joshua  Eames,  Ozias  Hawley,  Phineas  Jones,  Paul  Larcom, 
John  Manning,  Sylvanus  Marvin,  Jonathan  Norton,  Roderick 
Norton,  Elijah  Owen,jun.  Samuel  Petton,  Charles  Segar,  Jona- 
than Stickland,  and  Samuel  Thomas,  all  of  Loudon,  to?;ether 
with  all  such  as  may  hereafter  associate  with  them,  and  their 
successors,' shall  be,  and  hereby  are  incorporated  into  a  reli- 
gious society,  by  the  name  of  the  United  Congregational  So- 
ciety in  Bethlehem  and  Loudon,  with  all  the  powers  and  pri- 
vileges exercised  and  enjoyed  by  other  parishes  and  religious 
societies,  according  to  the  Constitution  and  laws  of  this  Com- 
monwealth. 

Sect.  2.  Be  it  further  enacted,  That  any  person  within  the  Requisite  to 
said  Bethlehem  and  Loudon,  or  on  the  adjoining  tracts  of  un-  1^^^^^^™^^^^ 
incorporated  lands  aforesaid,  who  may  desire  to  join  as  a 
member  of  the  said  United  Congregational  Society,  and  shall 
declare  such  intention  in  writing,  delivered  to  the  minister  or 
clerk  of  said  society,  fifteen  daj^s,  at  least,  previous  to  the  an- 
nual parish  meeting,  and  shall  receive  a  certificate  signed  by 
the  minister  or  clerk  of  said  society,  that  he  or  she  has  ac- 
tually become  a  member  of,  nind  united  in  religious  v/orship 
with  them,  such  person  shall,  from  the  date  of  such  certificate, 
be  considered  with  his  or  her  polls  and  estate,  a  member  of 
said  society. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of  Measures  ne- 
the  said  United  Congregational  Society  shall  see  cause  to  leave  oneaTing  tiie^ 
the  same,  and  to  unite  in  religious   worship   with  any  other  re-  Society. 
ligious  society,  in  either  of  the  places  aforesaid,  and  shall  give 
notice  of  such  intention   to  the  minister  or  clerk  of  the  said 
United  Society  ;  and  shall  also  give  in  his  or  her  name   to  the 
minister  or  clerk  of  such  other  society,  fifteen  days,   at   least, 
previous  to  their  annual   meeting ;  and  shall   have  received  a 
certificate  of  membership,  signed   by  the   minister  or  clerk  of 
said  society,  such  persons  shall,  from   the  date  of  such   certifi- 
cate, with  his  or  her  polls  and  estate,  be  considered  a  member 
of  said  society  :  Provided  hozvever,  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  belonged,  assessed 
and  not  paid  previous  to  the  leaving  of  said  society. 

Sect.  4.  And  be  it  further  enacted,  That  any  Justice  of  the  Justice  to  issue 
Peace  for  the  county  of  Berkshire,  upon  application  therefor,  '^'^  vv-arraut. 
is  hereby  authorized  to  issue  a  warrant,  directed  to  some 
member  of  the  said  United  Congregational  Society,  requiring 
him  to  notifv  and  warn  the  members  thereof  to  meet  at  such 
convenient  time  Pud  place,  as  shall  be  appointed  in  said  war- 
rartf.  for  the  choice  of  such  officers  as  parishes  or  religious  so- 

VOL.    IV.  9 


66  1806. Chap.  52. 

cieties  are  by  law  empowered  to  choose  at  their  annual  parish 
meetings.     [Feh.  8,  1807.]* 

L'hap,    52.      An  Act  to  establish  a  Corporation  by  ths  name  of  the  Lancaster  Turnpike  Cor- 
poration. 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court   assembled,  and  by  the  authority  of  the 
Persons  incor-  same,  That  Merrick   Rice,  Esq.   Timothy  Whiting,   Esq.  and 
porated.  John  Prentiss,  together  with  such  persons  as  have  or  may  here- 

after associate  with  them,  and  their  assigns  and  successors,  be, 
and  hereby  are,  made  a  corporation  by  the  name  of  the  Lan- 
caster Turnpike  Corporation,  for  the  purpose  of  laying  out  and 
making  a  Turnpike  road,  beginning  near  the  house  of  Thomas 
Miles,  in  Fitchburg;  thence  through  the  southerly  part  of 
Leominster  to  the  meeting-house  in  Lancaster  ;  thence  through 
the  southerly  part  of  Bolton  and  Stow  to  Sudbury  Causeway, 
in  the  couniy  of  Middlesex  ;  and  for  this  purpose  shall  have  all 
the  |)owers  and  privileges,  and  be  subject  to  all  the  duties,  re- 
quirements and  penalties,  contained  in  an  act,  entitled,  "  An 
1804  ch.  125.  ^pj.  (]e(^ning  the  general  powers  and  duties  of  Turnpike  Corpo- 
rations ;"  passed  the  sixteenth  day  of  March,  one  thousand  eight 
hundred  and  five. 

And,  whereas  the  Fifth  Massachusetts  Turnpike  Corporation 

may  be  aflected  and  the  profits  thereof  lessened  by  making  the 

road  aforesaid,  therefore, 

Corporation  to       Sect.  2.     Be  it  further  enacted,  That  whenever   said    road 

erect gatu         gjj^jj  ]^q  made  and  opened,  the  said   Lancaster  Turnpike  Cor- 

and  toll-house.  .  i     11   i  i  v        i  .1  '■ 

poration  shall  be  obliged  to  ere(!t  one  gate,  with   a  convenient 
toll-house  for   the   reception   of  toll  thereat,  within  two  miles 
from  where  their  road  commences  at  Barbary-hiil,  so   called, 
in  the  said  town  of  Leominster,  which  said  gale  and   toll-house 
shall  remain  and   be  kept  in  repair  for  the   use   of  said  Fifth 
Massachusetts  Turnpike  Corporation,  who  shall  be  entided  to 
receive  the  same  rate  of  toll  thereat  as  they  are  entitled  to  re- 
ceive   at  any  of   their  other  gates ;  and   the  said  Lancaster 
Turnpike  Corporation  shall,  whenever  thereto  required  by  said 
Fifth   Massachusetts  Turnpike  Corf)oration,  remove  the  said 
—To  remo'     ^"^^^  ^^^^  toll-house  to  such  placc  within  said   distance  as  they 
it  when  re-       may  require,  and  there  to  keep  the  same   in  repair  as  afore- 
qiiired.  Said,  during  the  existence  of  this  act;  and  the  said  last  named 

Corporation  shall  be  vested  with  all  the  powers  and  privileges. 
for  (he  recovery  of  the  toll   at  said   gate,  which  are  contained 
Proviso.  in  tj-ic  gaiij  general  act  herein  before   mentioned  :  Provided  al- 

zoays,  that  the  said  Fifth  Massachusetts  Turnpike  Corporation 
shall  keep  and  support  a  gate,  and  continue  to  demand  and  re- 
ceive the  same  rate  of  toll  at  their  lower  or  eastern  gate  which 
they  now  demand  and  receive  at  the  same,  during  the  exis- 
tence of  this  act. 

Sat'"'^'^^  ^°        ^^^'^'  ^'  '^^^  ^^  ''^  further  enacted,  That   Salem  Town,  John 
road.  Spurr,  and  John   Robbins,  Esqnires,  be,  and   hereby  are,  ap- 

pointed a  committee  to  locate  said  I'oad  in  the  best  direction, 
according  to  their  best  skill  and  judgment,  from  near  the 
house  of  Thomas  Miles,  in  Fitchburs;,   to  Sudbury  Causeway; 

Loudon  and  Bethlehem  united  and   incorporated  into  a  town  by  the  name  of 
Loudon,— 1809  ch,  28.  Name  altered  to  Otis.— 1810  ch.  1. 


1806. Chap.  52—55.  67 

and  the  said  committee  are  hereby  empowered  to  assess  such 
damages  as  any  individual  may  sustain  by  reason  of  laying 
out  and  making  said  road  ;  when  the  corporation  and  such  in- 
dividual cannot  agree,  reserving  to  either  party  the  right  of 
trial  by  jury,  according  to  the  law  which  provides  for  the  re- 
covery of  damages  accruing  by  the  laying  out  of  public  high- 
ways, and  when  the  said  committee  have  completed  their  busi- 
ness, they  shall  make  return  to  the  next  Court  of  General  Ses- 
sions of  the  Peace  to  be  holden  within  the  counties  of  Worces- 
ter and  Middlesex,  of  the  courses  and  distances,  and  damages 
assessed  in  each  county,  which  shall  have  the  same  effect  as 
though  the  same  had  been  done  by  a  committee  appointed  by 
said  courts  for  the  same  purposes,  and  the  expenses  of  said 
committee  shall  be  paid  by  said  corporation.  [Feb.  18, 
1807.] 

An  Act  for  allowing  a  further  time   to  the    Proprietors  of  the  Fifteenth  Massa-    Q]if(p^  53, 
chusetts  Turnpike,  for  completing,  the  same.  1802  ch   61 

BE  it  enacted  by  (he  Senate  and  House  of  Representatives  in  (V.  3.  p.64,) 
General  Court  assembled,  and  by  the  authority  of  the  sainc,  That 
a  further  time  of  two  years,  from  the  twelfth  day  of  February, 
in  the  j^ear  of  our  Lord  one  thousand  eight  hundred  and  seven, 
be,  and  hereby  is  allowed  to  said  proprietors  to  complete  said 
turnpike  road  ;  any  thing  in  the  original  act  of  incorporation 
to  the  contrary  notwithstanding.  [Feb.  18,  1807.J  Furtheract 
— ISll-ch.  106. 


An  Act  to  incorporate  sundry  persons  into  a  Society,  by  the  name  of  The  Massa-   Qjidp.  53. 
chusetts  Society  for  Promoting  Christian  Knowledge. 

WHEREAS  Samuel  Abbot  and  sundry  other  pers...:>  have  preamble.. 
associated  themselves  for  the  benevolent  purpose  of  promoting 
evangelical  truth  and  piety,  by  a  charitable  distribution  of  bi- 
bles, testaments,  psalters  and  other  religious  books  and  tracts, 
among  poor  and  pious  christians,  in  new  towns,  plantations, 
and  other  places;  and  also  by  supporting  charity  schools,  and 
pious  missionaries  in  places  destitute  of  the  means  of  religious 
knowledge,  or  where  such  means  are  but  sparingly  enjoyed ; 
and  have  petitioned  this  court  for  an  act  of  incorporation, 
whereby  they  may  be  the  better  enabled  to  carry  into  effect  the 
object  of  their  association  ;  and,  as  it  is  reasonable,  that  the 
prayer  of  said  petition  should  be  granted ;  therefore,  to  pro- 
mole  and  encourage  the  same: 

Sect.  1.  Be  it^enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same,  Persons  incor- 
That  Samuel  Abbot,  of  Andover,  Esq.  Rev.  Joshua  Bates,  of  P°'^^t<^^' 
Dedham,  Rev.  Daniel  Chaplin,  of  Groton,  William  Coombs,  of 
Newburyport,  Esq.  Rev.  Joseph  Dana,  of  Ipswich,  D.D.  Rev. 
Daniel  Dana,  of  Newburyport,  Rev.  Peter  Eaton,  of  Boxford, 
Samuel  Farrar,  Esq.  and  Rev.  Jonathan  French,  of  Andover, 
Caleb  Gannett,  of  Cambridge,  Esq.  Rev.  William  Greenough, 
of  Newton,  Mr.  William  Hilliard,  and  Rev.  Abiel  Holmes,  D.D. 
of  Cambridge,  Rev.  David  Kellogg,  of  Framingham,  Rev.  James 
Kendall,  of  Plymouth,  Rev.  Joseph  Lyman,  of  Hatfield,  D.D. 
Rev.  Jedediah  Morse,  of  Charlestown,  D.D.  Mark  Newman, 
A.M.  Eliphalet  Pearson,  LL.D.  aud  John  Phillips,  jun.  Esq.  of 


68 


1806. 


Chap.  fjj. 


Their  poweri. 


Qualifications 
of  teachers. 


Officers  to  be 
chosen  by  bal- 
lot. 


Proviso. 


Society  autho- 
rized. 


Andover,  Rev.  Thomas  Prentiss,  of  Medfield,  Rev.  Samuel 
Stearns,  of  Bedford,  Dr.  James  Thacher,  of  Plymouth,  John 
Treadwell,  Esq.  of  Salem,  Rev.  Benjamin  Wadsworth,  of  Dan- 
vers,  and  Mr.  Samuel  Hall  Walley,  of  Boston,  be,  with  sucli 
others  as  thej  shall  elect,  and  they  hereby  are  incorporated 
and  made  a  body  politic,  for  the  purpose  aforesaid,  by  the 
name  of  the  Massachusetts  Society  for  Promoting  Christian 
Knowledge.  And  the  society  aforesaid,  shall  have  perpetual 
succession,  and  may  have  a  common  seal,  which  it  shall  be 
lawful  for  them  to  change,  break,  alter,  and  make  new  at  plea- 
sure ;  and  may  purchase,  and  receive  by  gift  or  devise,  land', 
tenements,  and  real  estate  of  any  kind,  and  the  same  hold  in 
fee  simple,  or  less  estate,  the  annual  income  and  profits  where- 
of, not  to  exceed  the  value  of  six  thousand  dollars.  And  the 
said  society  is  hereby  enabled  to  take  and  receive  subscrip- 
tions of  charitably  disposed  persons,  and  may  take  any  perso- 
nal estate  in  succession  ;  and  all  donations  to  the  society  either 
by  subscription,  legacy,  or  otherwise,  (excepting  such  as  may 
be  differently  appropriated  by  the  donors)  shall  make  a  part 
of,  or  be  put  into  the  capital  stock  of  the  society;  which  shall 
be  put  out  on  interest  on  good  security,  or  othei-wise  improved 
to  the  best  advantage  ;  and  the  income  or  profits  applied  to  the 
purpose  of  promoting  christian  knowledge,  in  such  manner  as 
they  shall  judge  most  conducive  to  answer  the  design  of  their 
institution ;  and  the  said  society  is  hereby  empowered  to  give 
such  instructions,  orders,  and  encouragement  to  their  officers, 
and  to  those  they  shall  employ,  as  they  shall  judge  necessary; 
and  ihe  persons  employed  as  teachers  in  any  capacity,  shall  be 
persons  of  the  protestant  religion,  of  reputed  piety,  loyalty, 
prudence,  knowledge  and  learning,  and  of  other  christian  and 
necessary  qualifications,  suited  to  their  respective  stations. 

Sect.  2.  And  be  it  further  enacted,  That  the  said  society 
may  choose  by  ballot,  a  president,  vice-president,  clerk,  secre- 
tary, treasurer,  and  such«^iher  officers  as  they  shall  see  fit : 
and  may,  at  their  first  meeting  under  this  corporation,  by  the 
vote  of  two-thirds  of  the  members  present  at  said  meeting, 
adopt  such  constitution  or  system  of  rules  and  liy-laws,  as  they 
shall  think  necessary  for  the  orderly  conducting  and  executing 
the  business  of  said  society  ;  and  for  the  most  efiectually  secur- 
ing the  object  of  their  insti'ution  ;  which  constitution  or  system 
of  rules  and  by-laws,  shall  be  for  the  government  of  said  so- 
ciety, and  shall  not  be  altered  at  any  subsequent  meeting,  but 
in  the  manner  therein  pointed  out :  Provided,  Such  rules  and 
by-laws  be  not  repugnant  to  the  constitution  and  laws  of  this 
commoKwealth. 

Sect.  3.  And  he  it  further  enacted,  That  the  society  afore- 
said, may  at  all  times,  under  the  name,  style,  and  title  afore- 
said, sue  and  be  sued,  plead  or  be  impleaded,  appear,  prose- 
cute, and  defend  to  final  judgment  and  execution ;  and  may 
appoint  an  agent  or  agents  to  prosecute  and  defend  suits,  with 
power  of  substitution  ;  and  it  shall  be  lawful  for  the  said  society 
to  make  sale  of  any  estate  or  personal  property,  given  or  pur- 
chased as  aforesaid,  or  in  any  other  way  or  right  accruing  to 


1806. -Chap.  55«-r.59.  6^ 

them  in  their  corporate  capacity,  (unless  that  which  is  given, 
be  otherwise  expressly  ordered  or  appropriated  by  the  donor,) 
and  convey  the  same  by  deed,  or  other  legal  instrument,  duly 
executed,  and  when  the  property  to  be  conveyed  is  real  estate, 
under  the  hand  of  the  president,  and  the  sea!  of  the  society ; 
provided  that  all  monies  arising  from  such  sale,  be  applied  to 
the  same  use  to  which  the  income  thereof  was  before  applied. 

And  to  the  end,  that  the  members  of  said  society,  and  all 
contributors  to  said  design,  may  know  the  state  of  the  funds  of 
said  society,  and  the  disposition  thereof,  and  of  all  the  dona- 
tions made  to  said  society, 

Sect.  4.     Be  it  enacted,    That  particular  accounts  of  such  gtate  of  funds^ 
funds,   and  the  disposition  thereof,  shall  be  exhibited   by  the  &c.  to  be  ex- 
treasurer  ;  or,  in  case  of  his  absence,  by  the  clerk,  at  the  stat-  '^jf^l^'*  ^''""' 
ed  annual  meeting  of  said  society,  a  committee  of  said  society 
having  first  examined   and  certified  the  same  to  be  true;  and 
fair  entries  shall  be  made  in  proper  books,  provided  for  that 
purpose,  of  all  donations  made  to  the  society;  and  of  all  the 
estate,  both  real  and  personal,  belonging  to  the  same;  and  said 
books  shall  be  brought  to  the  general  stated  meetings,  and  be 
there  open  for  the  perusal  and  examination  of  the  members. 

Sect.  5.     Be  it  further  enacted.  That    Samuel  Abbot,  John  First  meeting 
Treadwell,   and  John  Phillips,  jun.   Esquires,  or  any  two  of  t°_be  advertis- 
them,  be,  and  they  herebj'  are   authorized,   by  notification  in 
two  of  the  Boston  newspapers,  to  call  the  first  meeting  of  said 
society  in  their  corporate  capacity,   at  such  time  and  place  as 
they  shall  judge  proper. 

Sect.  6.  And  be  it  further  enacted,  That  the  Legislature  of 
this  Commonwealth  may  at  any  time  after  the  expiration  of 
ten  years  from  the  passing  of  this  Act,  alter,  amend,  or  repeal 
the  charier  of  said  corporation,  at  their  will  and  pleasure,  re- 
serving however  to  the  proprietors  for  the  time  being,  their 
property  which  they  may  have  appertaining  to  said  corpora- 
tion.    [Feb.  20,  1807.] 

An  Act  to  authorize  Ephraiin  Lincoln  and  Thomas  L.  Chase  to  make  use  of  the  Chap,  59. 
waters  of  Rocky  Pond. 

Sect.  1.  BE  it  enacted  by  the  Seriate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Ephraim  Lincoln  and  Thomas  L.  Chase,  be,  and  Dams  to  be 
they  are  hereby  authorized,  to  dig  a  drain  on  the  easterly  side  erected. 
of  Rocky  Pond,  so  called,  lying  in  the  Gore  of  L^nd  between 
the  towns  of  Westminster  and  Leominster,  in  the  county  of 
Worcester,  and  to  erect  Sluices  and  Dams  necessary  to  retain 
the  waters  of  said  Pond,  to  be  appropriated  for  their  use  and 
benefit,  in  turning  Mills  owned  by  said  Lincoln  and  Chase. 

Sect.  2.     And  be  it  further  enacted  by  the  authority  aforesaid^  Damages  re- 
That  any  owner  of  land  adjoining  on  said  Pond  shall  have  the  coveted. 
right  of  damages,  if  any  there  be,  in  consequence  of  draining 
or  flowing  said   Pond,  to  be  recovered   in  the  same  way  and 
manner  as  is  by  law  provided  for  the  flowing  of  lands  for  the 
use  of  mills.     [Fe6.  20,  1807.] 


70 


1806. 


Chap.  59—65. 


Chap.  60.        An  Act  for  the  preservation  of  the  Fish  in  Massapaug  Ponds,   (so  called)  in  the 
county  of  Middlesex. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Fish  not  to  be  ^^^^<i  That  from  and  after  the  passing  of  this  Act,  it  shall  not 
•«aken  at  night,  be  lawful  for  any  person  whatever,  in  the  night  time,  to  kill, 
take,  or  destroy,  any  fish,  in  the  ponds  called  Massapaug  Ponds, 
lying  between  the  towns  of  Dunstable,  Groton,  and  Tyngsbo- 
rough,  or  in  the  streams  running  into,  and  issuing  therefrom, 
with  spears,  or  any  implement  whatever,  which  is  made  use  of, 
for  the  purpose  of  stabbing  or  killing  the  fish  in  the  said  ponds 
or  streams. 

Sect.  2.  Be  it  further  enacted,  That  if  any  person  or  per- 
sons, from  and  after  the  passing  of  this  Act,  in  the  night  time, 
after  the  setting  and  before  the  rising  of  the  sun,  with  spears, 
or  any  other  implement  which  is  made  use  of  for  the  purpose 
of  killing  or  taking  fish,  shall  kill,  take,  or  destroy,  any  fish  in 
said  ponds,  called  Massapaug  Ponds,  or  in  the  streams  running 
into  or  issuing  therefrom,  such  person  shall,  for  each  and  every 
fish  so  taken,  killed,  or  destroyed,  forfeit  and  pay  the  sum  of 
fitty  cents,  to  be  recovered  before  any  coui-t  proper  to  try  the 
same  by  action,  in  which  the  whole  penalty  shall  enure  to  the 
use  of  such  person  as  shall  first  sue  for  the  same.  [Feb.  20, 
1807.] 


Penalty. 


Chap.  65. 


Brighton  incor- 
porated. 


Boundaries. 


Proviso. 


Proportion  of 
propel  ty  to  be 
held  by  Brigh- 
ton. 


An  Act  to  divide  the  Town  of  Cambridge,  and  to  incorporate  the  sontherly  parish 
therein  as  a  separate  Town,  by  the  name  of  Brighton. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  all  that  part  of  the  town  of  Cambridge  situate  on  the  south 
side  of  Charles  River,  heretofore  known  as  the  Third  Parish, 
and  as  described  within  the  following  bounds,  together  with  the 
inhabitants  thereon,  be,  and  the  same  is  hereby  incorporated 
into  a  separate  town,  by  the  name  of  Brighton — viz.  Beginning 
at  Brookline  line,  where  Charles  River  intersects  the  same, 
and  running  on  a  line  in  the  middle  of  said  Charles  River,  un- 
til it  strikes  Newton  line,  thence  along  Newton  line  until  it  in- 
tersects Brookline  line  ;  thence  on  said  line  of  Brookline  to 
said  Charles  River,  first  mentioned  ;  and  the  said  town  of 
Brighton  is  hereby  vested  with  all  the  powers,  privileges,  and 
immunities,  and  shall  also  be  subjected  to  all  the  duties  to 
which  other  corporate  towns  are  entitled  and  subjected  by  the 
constitution  and  laws  of  this  commonwealth  :  Provided  how- 
ever, That  nothing  in  this  Act  shall  be  so  construed  as  to  im- 
pair the  right  or  privilege  of  the  congregational  ministers  of 
the  said  town  of  Brighton,  which  they  hold  in  Harvard  Col- 
lege. 

Sect.  2.  Be  it  further  enacted.  That  the  said  town  of  Brigh- 
ton shall  be  entitled  to  hold  such  proportion  of  all  the  real  and 
personal  estate,  now  belonging  to,  and  owned  in  common  by 
the  inhabitants  of  the  present  town  of  Cambridge,  as  the  pro- 
perty of  the  inhabitants  of  the  said  town  of  Brighton  now  bears 
to  the  property  of  all  the  inhabitants  of  the  present  town  of 
Cambridge,  according  to  the  latest  valuation  thereof,  except- 


1806. Chap.  65—69.  I;         71 

ing  always,  all  right  of  common  landing  places,  uses,  and  privi- 
leges, heretofore  possessed  by  the  inhabitants  of  said  town  of 
Cambridge,  all  which  shall  be  held  and  enjoyed  by  the  towns 
respectively  within  whose  limits  the  same  may  be. 

Sect.  3.     Be  it  further  enacted^  That  the  said  town  of  Brigh-  to  pay  thek 
ton  shall  be  holden  to  pay  their  proportion,  to  be  ascertained  proportion  of 
as  aforesaid,  of  all  the  debts  and  claims  now  due  and  owing  ^^'°^^^  ^^' 
from  the  said  town  of  Cambridge,  or  which  may  hereafter  be 
found  due  and  owing  by  reason  of  any  contract,  engagement, 
judgment  of  Court,  or  any  matter  or  thing,  now  or  heretofore 
entered  into  or  existing. 

Sect.  4.  Be  it  further  enacted^  That  the  said  town  of  Brigh-  supporting  the 
ton  shall  be  holden  to  support  their  proportion  of  the  present  poor, 
poor  of  the  town  of  Cambridge,  which  proportion  shall  be  as- 
certained as  aforesaid,  and  all  persons,  who  shall  or  may  here- 
after become  chargeable  as  paupers,  shall  be  considered  as  be- 
longing to  that  town  on  whose  territory  they  have  gained  a 
legal  settlement  at  the  passing  of  this  Act,  and  shall  be  sup- 
ported by  that  town  only. 

Sect.  5.     Be  it  further  enacted,  That  the  said  town  of  Brigh-  gupportine  the 
ton  shall  keep  up  and  support  their  proportion  of  a  bridge  over  bridge. 
Charles  River,  between  said  town  and  the  town  of  Cambridge, 
so  long  as  said  bridge  may  be  deemed  by  law,  necessary  ;  said 
proportion  to  be  ascertained  by  the  state  valuation  from  time 
to  time. 

Sect.  6.     Be  it  farther  enacted,  That  either  of  the  iustices  of  t  ,.•„„♦„;„.,«. 

1  ri  rTU-iii  -1  1  >•!  Justice  to  ISSi;^ 

the  peace  lor  the  county  oi  Middlesex,  is  hereby  authorized  to  his  warrant, 
issue  a  warrant,  directed  to  some  inhabitant  of  the  said  town  of 
Brighton,  requiring  him  to  notify  and  warn  the  inhabitants 
thereof  to  meet  at  such  convenient  time  and  place  as  shall  be 
expressed  in  the  said  warrant,  for  the  choice  of  all  such  offi- 
cers, as  towns  are  by  law  required  to  choose,  in  the  months  of 
March  or  April,  annually. 

Sect.  7.     Be  it  further  enacted,  That  the  said  town  of  Brigh-  Topaypropov 
ton  shall  pay  their  proportion  of  all  state  and  county  taxes,  as  tionoftaxe?. 
are  already,  or  may  hereafter,   be  assessed  upon   the  inhabi- 
tants of  the  town  of  Cambridge,  until  the  General  Court  shall 
lay  a  tax  upon  said  town  of  Brighton.     [Feb.  24,  1807.] 


An  Act  to  repeal  the  filth  section  of  an  Act,  entitled,  "  An  Act  authorizing  a  Lot-  /^L^^v,    co 
.  tery  for  the  purpose  of  completing  Hatfield  Bridge."  l^nop.  DO. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives,   in   General  Court   assembled,  and  by  the  authority  of  the  *      ' 

5«me,  That  the  fifth  section  of  the  Act,  aforesaid,  be,  and  the 
same  is,  hereby  repealed. 

Sect.  2.  Be  it  farther  enacted  by  the  authority  aforesaid,  That 
no  one  shall  be  permitted  to  sell  any  parts  of  tickets  in  any 
future  class  of  the  aforesaid  Lottery,  except  such  as  are  signed 
by  some  one  or  more  of  the  managers  of  said  lottery.  [Feb. 
24,  1807.]     Further  act— 1808  ch.  5. 

An  Act  to  incorporate  a  nnt-nber  of  th?.  inhabitants  of  the  second  Precinct  in  the  /-it  nn 
Town  of  Attleboroiigh,  int"  a  Rslicrjous  Society,  by  the  name  of  The  Second  Con-  ^"'^P'  ^"* 
gregational  Parish  in  Attli.bo.ough. 

WHEREAS,  a  number  of  the  inhabitants,  belonging  to  the 


72 


1806. 


Chap.  69. 


Preamble. 


'Persons  incor- 
porated. 


Trustees  ap- 
pointed. 


•Empowered. 


Further  pow- 
ers. 


religious  society  of  the  second  precinct  in  the  t6wn  of  Attlebo*J' 
rough,  in  the  county  of  Bristol,  whereof  the  Rev.  Nathan  Hol- 
man  is  their  present  pastor,  have  petitioned  this  court  to  be  in- 
corporated ;  shewing  that  the  said  precinct  is  possessed  in  their 
own  right,  of  a  smalt  lot  of  land,  called  the  meeting-house  lot, 
in  said  precinct,  with  a  meeting-house  thereon,  and  also  of 
eleven  hundred  and  forty  dollars,  as  a  fund  for  supporting  a 
minister  of  the  gospel  in  said  precinct. 

Sect.  1 .  Be  it  enacted  by  the  Stnate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same^  That  Noah  Blandin,  Jacob  Bolkcom,  Joab  Dagget,  Tho- 
mas French,  Caleb  Richardson,  jun.  Nathaniel  Robinson,  Hen- 
ry Sweet  and  Peter  Thacher.  together  with  such  other  persons 
as  hav€,  or  may  hereafter  associate  with  them  and  their  suc- 
cessors, be,  and  they  are  hereby  incorporated  into  a  body  po- 
litic, v/ilh  perpetual  succession,  by  the  name  of  The  Congre- 
gational Society  in  the  second  precinct  in  Attleborough. 

Sect.  2.  Be  it  further  enacted,  That  Noah  Blandin,  Jacob 
Bolkcom,  Joab  Dagget,  Thomas  French,  Caleb  Richardson, 
jun.  Nathaniel  Robinson,  Henry  Sweet,  and  Peter  Thacher  be, 
and  they  hereby  are,  appointed  trustees,  to  manage  such  funds 
as  already  are,  or  shall  be  hereafter  raised  and  appropriated, 
to  the  support  of  a  minister  of  the  congregational  denomination 
in  said  society;  and  for  this  purpose,  the  trustees  before  nam- 
ed, and  their  successors  forever,  shall  be  known  in  law,  by  the 
name  of  The  Trustees  of  the  Congregational  Society  in  the 
Second  Precinct  in  Attleborough  ;  and  the  said  trustees,  in  be- 
half, and  under  the  direction  of  the  said  society,  shall  have 
power,  from  time  to  time,  to  receive,  possess,  enjoy,  improve 
and  retain,  monies,  and  securities  for  money  already  raised  ; 
and  all  monies,  subscriptions,  donations,  and  securities  for  real 
or  personal  estate,  which  may  be  hereafter  given,  raised,  or 
subscribed,  for  the  purpose  aforesaid,  and  shall  have  power  to 
sell  and  convey  lands  and  tenements,  the  fee  whereof  may  vest 
in  them,  by  way  of  mortgage,  or  operation  of  law.  And  the 
said  trustees  may  put,  and  keep  to  use  or  interest,  the  eleven 
hundred  and  forty  dollars  aforesaid,  until  the  principal  and  in- 
terest, with  what  may  be  added  thereto,  shall  amount  to  four 
thousand  dollars,  from  Avhich  time,  and  afterwards,  the  interest, 
or  annual  income  thereof,  shall  be  annually  paid  for  the  sup- 
port of  such  congregational  teacher  of  religion,  as  now  is,  or 
shall  be  hereafter,  regularly  ordained  and  settled  in  said  pre- 
cinct, by  the  joint  concurrence  of  the  church  and  inhabitants 
in  said  precinct,  being  legal  voters  and  attend:3nts  at  the  stated 
religious  meetings  of  the  said  congregational  teacher  or  minis- 
ter. 

Sect.  3.  Be  it  further  enacted.  That  during  any  vacancy  in 
said  precinct,  of  a  regularly  ord  lined  minister,  as  aforesaid, 
the  said  trustees  shall  appropriate  such  interest  or  income,  to 
increase  the  principal  of  the  fund  ;  and  also  at  all  times  lo  add 
to  the  principal  of  the  fund,  after  it  may  :imount  to  the  sum  of 
four  thousand  dollars,  all  monies  or  securities  for  money,  do- 
nations, or  securities  for  real  or  personal  properly ;  and,  Pror 


1806. Chap.  69—71.  73 

tided  also,  that  if  at  any  time,  the  annual  income  or  interest  of 
the  whole,  shall  be  more  than  sufficient  to  pay  the  stated  minis- 
ter what  he  hath  a  legal  right  by  contract  to  receive,  the  over- 
plus may  be  applied  to  rebuilding,  enlarging,  or  repairing,  of 
their  meeting-house,  or  any  other  purpose  of  public  utility,  as 
the  said  society  shall  direct. 

Sect.  4.     Be  it  further  enacted^  That  the  said  society  may  Vacancies 
fill  all  vacancies  among  the  trustees,  or  other  officers  of  the  said  ^^^^'^' 
society,  whether  they  happen  by  death,  resignation,  or  other- 
wise, so  that  there  may  always  be  seven  trustees,  and  no  num- 
ber less  than  three  trustees  shall  constitute  a  quorum  for  doing 
business ;  and  the  said  society  may  make  their  otiicers  such  Compensation, 
compensation  for  their  time  and  services,  as  they  may  judge 
reasonable,  but  no  part  of  the  principal  of  said  fund  shall  ever 
be  expended  for  any  purpose  whatsoever. 

Sect.  5.     Be  it  further  enacted,  That  the  said  society  shall  choice  of  clerk 
hold  their  first  meeting  on  the  last  Monday  in  March  next,  and  and  treasurer; 
shall  then  choose  a  clerk,  who  shall  be  sworn  to  make  a  fiir 
record  of  all  the  proceedings  of  the  society,  and  also  a  treasu-    • 
rer,  who  shall  receive  all   money  and  securities   belonging  to 
said   fund,   when  the  trustees   shall  order  the  same  into  his 
hands,  and  shall  keep  an  account  of  all  monies  and  securities 
for  money,  belonging  to  the  said  fund,   to  whom  it  is  loaned, 
and  for  what  time.     And  the  said  society  may  at   their  first 
meeting,  and  from  time  to  time  afterwards,  as  occasion  may  re- 
quire, make  such  rules   and   by-laws,  and  for  the  admission  of 
members,  as  they  may  think   necessary,  and   to  establish  the  • 

manner  of  calling  future  meetings,  and  to  appoint  an  agent  or 
agents,  in  behalf  of  said  society,  when  they  may  judge  it  expe- 
dient. 

Sect.  6.  Jad  be  it  further  enacted,  That  any  justice  of  the  justice  to  issue 
peace  for  the  county  of  Bristol,  is  hereby  authorized  to  issue  a  ^  warrant, 
warrant,  directed  to  some  member  of  said  society,  requiring 
him  to  notify  and  warn  the  members  thereof  to  meet  at  such 
convenient  time  and  places,  as  shall  be  expressed  in  said  war- 
rant, for  the  choice  of  trustees,  and  such  other  officers,  as 
parishes  are  by  law  empowered  to  choose  at  their  annual 
parish  meetings.     [Feb.  24,  1 807.] 

An  Act  authoiizingtlie  Fomteenth  Massacliusetts  Turnpike   Coipoiatioii  to  erect   Chat)    71 
a  gate,  and  take    toll   at  the  same,  when   a  part  of  their   road    sliall  be   com-  ^' 

pletcd.  1801  ch.  77. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen-  iso2  'cL  38. 
(atives,  in  General  Court  assembled,  and  by  the  authority  of  the  (V.  3.  p.  31.) 
^ame,  That  whenever  that  part  of  the  fourteenth  Massachu- 
setts Turnpike  Road,  which  extends  from  Calvin  Munn's,  in 
Greenfield,  to  the  widow  Kemp's,  in  Shelburn,  where  it  inter- 
sects the  county  road,  leading  from  Greenfield  to  Chai-lemont, 
shall  be  sufficiently  made,  agreeably  to  the  acts  establishing 
and  relating  to  said  turnpike,  and  shall  be  so  allowed  by  a 
committee  to  be  appointed  by  the  Court  of  General  Sessions 
of  the  Peace,  for  the  county  of  Hampshire ;  then  said  corpo- 
j-ation  shall  be  authorized  to  erect  a  gate,  and  take   toll,  at 

roL.  IV.  10 


74 


1806. 


Chap.  78—81. 


Chap.  78. 

1810  ch.  16. 


the  rates  established  by  the  act  incorporating  the  proprietors 
of  said  road,  at  such  place  as  said  proprietors  shall  choose, 
with  the  consent  and  approbation  of  the  committee  aforesaid. 
[Feb.  24,1807.] 

An  Act  to  confirm  the  doings  of  a  Committee  appointed  to  locate  the    places  for 
the  erection  of  gates  on  the  Tenth  Massachusetts  Turnpike. 


firmed. 


BE  it  enacttd  by  the  Senate  and  House  of  Representatives^  in 
Doings  of  com-  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
mittee  con-  the  doings  of  a  committre  appointed  by  the  Court  of  General 
Sessions  of  the  Peace,  for  the  county  of  Berkshire,  for  locat- 
ing and  fixing  the  places  for  the  erection  of  toll  gates,  on  the 
tenth  Massachusetts  Turnpike,  be,  and  hereby  are  confirmed 
and  made  valid,  any  want  of  formality  in  the  proceedings  of 
the  said  committee  to  the  contrary  notwithstanding.  And  the 
said  toll  gates  shall  in  future  remain  fixed  and  established  as 
they  now  stand  on  the  road  laid  out  and  made  by  the  tenth 
Massachusetts  Turnpike  Corporation,  according  to  the  report 
of  a  committee  appointed  by  the  Court  of  Common  Pleas  for 
the  said  county,  made  to  the  said  court  on  the  twenty- ninth 
day  of  December,  one  thousand  eight  hundred  and  six.  Pro- 
vided hozvever,  that  nothing  contained  in  this  act  shall  be  so 
construed  ns  to  exempt  the  said  corporation  in  future  from  be- 
ing subject  in  all  cases  to  the  act,  entitled,  "  An  act  defining 
the  general  powers  and  duties  of  turnpike  corporations;"  pas- 
sed the  sixteenth  day  of  March,  one  thousand  eight  hundred 
and  five.     [Feb.  25,  1807.1 


Proriso. 


1804  ch.  125. 


Chap.  81. 


Land  Marks. 


Penalty  for  in- 
juring Land 
Marks. 


Penalty  for 
pilfering. 


An  Act  to  iiuthoiize  the  iMarine  Sorii-tj' of  the  town  of  Marblehead,  to  erect 
Monuments  and  Land  Marks  on  certain  Islands  and  Rocks  on  the  Sea  Coast  of 
the  town  of  Marblehead. 

Sect.  1 .  BE  it  enacted,  by  the  Seriate  and  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  That  the  Marine  Society  of  the  town  of  Marble- 
head, in  the  county  of  Essex,  is  hereby  authorized  and  al- 
lowed, after  the  passing  of  this  act,  to  set  out  trees,  and  to 
erect  monuments  or  land  marks,  on  Ram  Island,  Tinker's  Isl- 
ands, Marblehead  Rock,  and  Cat  Island  Rock,  and  to  pre- 
serve the  same. 

Sect.  2.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  if  any  person  or  persons  shall,  on  said  Islands  or  Rocks, 
mar,  injure,  or  deface,  any  of  the  trees  or  buildings  aforesaid, 
or  do  any  other  injury  to  the  aforementioned  places  or  land 
marks,  every  such  person  or  persons,  shall  severally  forfeit 
and  pay,  for  each,  and  every  offence,  the  sum  of  tv/elve  dol- 
lars, to  the  use  of  the  Marine  Society  aforesaid,  to  be  recov- 
ered by  special  action  on  the  case,  before  any  court  proper  to 
try  the  same. 

Sect.  3.  J^nd  be  it  further  enacted  by  the  authority  aforesaid, 
That  if  any  person  or  persons  shall  take  away  from  the  Isl- 
ands and  Rocks  aforesaid,  any  earth,  stones,  or  gravel,  each 
and  every  person  so  oftending,  shall  forfeit  and  pay  as  a  fine, 
to  the  use  of  the  Marine  Society  of  Marblehead,  as  aforesaid. 


1806. Chap.  82.  75 

the  sum  of  twelve  dollars,  for  each  ton  of  earth,  stones,  or 
gravel,  so  taken  away,  and  so  in  proportion  for  any  greater 
or  less  quantity,  to  be  recovered  as  aforesaid.  [Feb.  25, 
1807.] 

An  Act  to  alter  the  Names  of  certain  persons  therein  mentioned.  ChdP    82 

BE  it  enacted  by  the" Senate  aiid  House  of  Representatives  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  of  this  act,  Mary  Ann  Avery,  Names  altered, 
daughter  of  John  Avery,  late  of  Boston,  in  the  county  of  Sut- 
folk.  Esquire,  deceased,  shall  be  allowed  to  take  the  name  of 
Mary  Ann  Smith  Avery;  That  Tabiiha  Glover,  daughter 
of  Benjamin  Stacey  Glover,  late  of  Marblehead,  in  the  county 
Essex,  gentleman,  deceased,  shall  be  allowed  to  take  the  name 
of  Malvina  Tabitha  Glover :  That  Asa  Hammond,  of  Boston, 
in  the  county  of  Suflblk,  son  of  Samuel  Hammond,  late  of 
Newton,  in  the  Commonwealth  of  Massachusetts,  deceased, 
shall  be  allowed  to  take  the  name  of  Samuel  Hammond  ;  That 
Samuel  Putnam,  lately  of  Lynnfield,  in  the  county  of  Essex, 
now  of  Salem,"  in  said  county,  trader,  shall  be  allowed  to  lake 
the  name  of  Samuel  Kimbal  Putnam;  That  Henry  Hills,  of 
Boston,  in  the  county  of  Suffolk,  shall  be  allowed  to  take  the 
name  of  Henry  Woodbridge  Hills;  That  Mark  Farley,  of 
Leominster,  in  the  county  of  Worcester,  student  at  law,  and 
son  of  Benjamin  Farley,  of  the  state  of  New-Hampshire,  shall 
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  son  of  William  Hubbard,  Esquire,  of 
New-Brunswick,  shall  be  allowed  to  take  the  name  of  Jeremi- 
ah Smith  Hubbard  Boies  ;  That  John  Foster,  of  Salem,  in  the 
county  of  Essex,  a  minor,  and  son  of  John  Foster,  of  said 
Salem,  shall  be  allowed  to  take  the  name  of  John  Burchmore 
Foster ;  That  Elizabeth  Winslow,  of  Boston,  in  the  county  of 
Suffolk,  single  woman,  shall  be  allowed  to  take  the  name  of 
Elizabeth  Jane  Winslow;  That  Stephen  BIyth,  of  Salem,  in 
the  county  of  Essex,  shall  be  allowed  to  take  the  name  of 
Stephen  Cleveland  BIydon ;  That  Sarah  BIyth,  of  Salem, 
aforesaid,  the  wife  of  said  Stephen  BIyth,  be  allowed  to  take 
the  name  of  Sarah  BIydon ;  That  Lucy  Cleveland  BIyth,  of 
Salem,  aforesaid,  and  daughter  of  said  Stephen  BIyth,  shall 
be  allowed  to  take  the  name  of  Sarah  Cleveland  BIydon  ; 
That  William  Cleveland  BIyth,  of  Salem,  aforesaid,  and  son 
of  said  Stephen  BIyth,  shall  be  allowed  to  take  the  name  of 
William  Cleveland  BIydon;  That  Joseph  Pike,  of  Neubury- 
port,  in  the  county  of  Essex,  and  son  of  Nicholas  Pike,  of 
said  Newburyport,  shall  be  allowed  to  take  the  name  of  Jo- 
seph Smith  Pike ;  That  Joseph  Pike,  of  Newburyport,  afore- 
said, and  son  of  John  Pike,  of  Somersworth,  in  the  county  of 
Strafford,  and  state  of  New-Hampshire,  shall  be  allowed  to 
take  the  name  of  Joseph  Trevet  Pike;  That  Hezekiah  Stone, 
of  Rutland,  in  the  county  of  Worcester,  gentleman,  shall  be 
allowed  take  the  name  of  Hezekiah   Fletcher  Stone ;  T.  hat 


76  1806. Chap.  82—88. 

Alpheus  Stone,  of  Greenfield,  in  the  county  of  Hampshire, 
physician,  shall  be  allowed  to  take  the  name  of  Alpheus  Fletch- 
er Stone ;  That  Samuel  Foster  of  Newburyport,  in  the  coun- 
ty of  Essex,  merchant,  shall  be  allowed  to  take  the  name  of 
Samuel  H.  Foster  ;  That  John  Buffington  Snupe,  of  Beverly, 
in  the  county  of  Essex,  merchant,  shall  be  allowed  to  take 
the  name  of  John  Buffington;  That  Samuel  Lee,  a  minor,  and 
son  of  Jonas  Lee,  of  Concord,  in  the  county  of  Middlesex, 
shall  be  allowed  to  take  the  name  of  Samuel  Cordis  Lee; 
That  Samuel  Willard,  of  Boston,  in  the  county  of  Suffolk,  and 
son  of  the  late  President  Willard,  of  Cambridge,  in  the  coun- 
ty of  Middlesex,  shall  be  allowed  to  take  the  name  of  Samuel 
Sheaf  Willard ;  That  Francis  Jones  of  Sandwich,  in  the 
county  of  Barnstable,  merchant,  be  allowed  to  take  the  name 
of  Francis  Freeman  Jones  ;  That  Catharine  Low,  of  Chelms- 
ford, in  the  county  of  Middlesex,  single  woman,  be  allowed 
to  take  the  name  of  Catharine  Mary  Gibson  ;  and  Samuel 
Loud,  of  Weymouth,  be  allowed  to  take  the  name  of  Samuel 
Prince  Loud ;  and  that  said  persons  shall  in  future  be  respec- 
tively known  and  called  by  the  names  which  they  are  re- 
spectively allowed  to  take  as  aforesaid;  and  the  same  shall  be 
considered  as  their  only  proper  names,  to  all  intents  and  pur- 
poses.    [Feb.  27,  1807.] 

Chcip*  85.        An  Act,  in  addition  to  sundry  Acts,  establishing  and  regulating  the  Essex  Turn- 
1803  ch   48  P'*^^  Corporation,  and  the  Andiver  and  Medford  Turnpike  Corporation. 

(V.  3.  p.  252.)  BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
(V  3  i)  612  )  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  proprietors  of  the  Andover  and  Medford  Turnpike  Cor- 
poration, and  the  proprietors  of  the  Essex  Turnpike  Corpora- 
tion, be,  and  they  hereby  are  authorized  to  unite  their  toll 
gates  near  the  line  of  the  two  counties  of  Essex  and  Middle- 
sex, where  the  said  two  turnpike  roads  meet,  and  at  some  such 
convenient  place  near  said  point  of  meeting,  as  shall  be  ap- 
proved by  the  commissioners  appointed  to  inspect  and  ap- 
prove said  roads,  and  to  receive  such  toll,  and  such  propor- 
tion to  each  corporation,  as  may  be  determined  by  said  com- 
missioners in  conformity  to  the  several  acts  and  resolves  relat- 
ing to  the  said  corporation.     [Feb.  27,  1807.] 

C/lCCp.  88.        An  Act  for  incorporating  certain  persons  for  the  purpose  of  building  a  Bridge  over 
,.  Charles  River,  by  the  naine  of  the  Canal  Bridge,  and  for  extending  the  interest 
fcflhe  Proprietors  of  West  Boston  Bridge. 

Sect.   1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in   General  Court   assembled,  and  by  the  authority  of  the 
Persons  incor-  same,  That  John  C.  Jones,  Loammi  Baldwin,  Aaron  Dexter, 
porate  .  Benjamin  Weld,  Joseph  Coolidgc,  jun.  Benjamin  Jo}^  Gorham 

Parsons.  Jonathan  Ingersol,  John  Beach,  Abijah  Cheever,  Wil- 
liam B.  Hutchins,  Stephen  Howard,  and  Andrew  Cragie,  with 
all  those  who  are  or  who  may  be  associated  with  them,  for  the 
purpose  of  erecting  a  bridge  and  causeway,  in  manner  herein- 
after described,  from  the  northwestwardly  end  of  Leverett- 
street,  in  Boston,  to  Lechmere-s  Point,  in  Cambridge,  and  Bar- 


1806. Chap.  88.  7.7 

rell's  Point,  in  Charlestown,  be,  and  they  hereby  are  made  and 
constituted  a  corporation,  and  body  politic,  by  the  name  of  the 
Proprietors  of  the  Canal  Bridge ;  and  by  that  name  may  sue 
and  prosecute,  and  be  sued  and  prosecuted,  to  final  judgment 
and  execution,  and  do  and  suffer  all  other  acts  and  things 
•which  bodies  politic  may  or  ought  to  do  and  suffer ;  and  that 
said  corporation  shall  and  may  have  full  power  ajid  authority  powers  of  the 
to  make,  have,  and  use,  a  common  seal,  and  the  same  to  alter  corporation, 
and  renew  at  pleasure  ;  and  shall  also  have  power  to  choose 
nine  directors,  and  a  president  and  secretary,  treasurer,  and 
such  other  officers  as  may  be  necessary  at  such  time  and  place, 
and  in  such  manner  as  said  corporation  at  any  legal  meeting  of 
the  members  thereof  may  think  proper  to  direct ;  and  said 
corporation  shall  also  have  power  to  make  all  necessary  and 
proper  rules,  regulations,  and  by-laws,  not  repugnant 'to  the 
laws  and  constitution  of  ihis  Commonwealth,  and  especially  for 
the  transferring  of  shares,  and  for  the  sale  of  the  shares  of  de- 
linquent proprietors. 

Sect.  2.  And  be  it  further  enacted,  That  the  interest  in  said  Division  oT 
bridge  and  causeway,  shall  be  divided  into  twelve  hundred  shares. 
shares,  and  that  one  third  part  shall  be  held  by,  and  shall  be 
subscribed  for,  by  individuals  who  are  proprietors  in  the  Mid- 
dlesex Canal  Corporation,  and  that  one  third  part  thereof  shall 
be  subscribed  for  and  held  by  individuals  who  are  proprietors 
in  the  Neu^juryport  Turnpike  Corporation  ;  and  that  the  re-  ^ 

maining  one  third  part  shall  be  subscribed  for  and  held  by 
Andrew  Cragie,  Esq.  and  his  associates  ;  provided  all  the  said 
shares  shall  be  so  subscribed  for  within  sixty  days  from  the 
passing  of  this  act ;  and  if  at  the  expiration  of  said  number  of 
days,  any  shares  shall  remain  unsubscribed  for,  in  either  of  the 
aforesaid  divisions,  such  remaining  shares  shall  be  equally  sub- 
scribed for  and  held  by  the  persons  associated  under  the  two 
other  divisions  of  associates ;  provided  such  shares  be  so  sub- 
scribed for  within  thirty  days  next  following  the  expiration  of 
sixty  days  ;  and  if  not  so  subscribed  for  within  said  thirty 
days,  the  same  or  any  remaining  portion  thereof  may  be  sub- 
scribed for  and  held  without  regard  to  this  division  of  interest ; 
and  no  person  who  becomes  a  member  of  this  corporation,  un- 
der either  one  of  said  divisions  of  interest,  shall  be  permitted 
to  subscribe  for  shares  in  either  of  the  other  divisions,  unless 
they  be  such  shares  as  may  remain  unsubscribed  for  after  the 
expiration  of  the  aforesaid  periods. 

Sect.  3.     Jlnd  be  it  further  enacted,    That  the  said  bridge  Places  from 
and  causeway  shall  be  erected  from  the  northwestwardly  end  ^^^  '«  which 
of  Leverett-street,  in  the  direction  of  said  "street,  by  the  Alms  [fe^uih.^^ ''  ^^ 
House  fence,  to  the  east  end  of  Lechmere's  Point,  and  from 
thence  to  Barrell's  Point,  in  Charlestowm.     And   the  corpora- 
tion to  be  created  by  this  act,  shall  also  lay  out  and  make,  or 
cause  to  be  laid  out  and  made,  a  good  and  sufficient  road,  from 
Barrell's  Point,  aforesaid,  in  the  most  convenient  line,  to  Page's 
^vern,  in  Charlestown. 


78 


1806. 


Chap.  88. 


Materials, 

Proviso. 
Draws. 


Materials  and 
manner  of 
building  the 
bridge. 


Rates  of  toll. 


Canal  corpo- 
ration to  have 
authority  to 
erect  locks,  6ic. 


—  to  make  a 
dam. 


Sect.  4.  And  be  it  further  enacted,  That  the  said  bridge 
may  be  erected  and  made  of  wood,  and  the  piers  of  wood  or 
stone,  in  all  parts  of  the  channel  of  Charles  river,  through 
which  it  may  be  built ;  and  that  the  residue  thereof  may  be 
constructed  of  stone,  timber  and  earth  :  Provided  always.  That 
there  be  made  proper  and  sufficient  passages  for  the  water  of 
s  lid  river  ;  and  there  shall  be  made  and  kept  two  sufficient 
draws,  or  passage-ways,  at  least  thirty  feet  wide,  suitable  and 
proper  for  the  passing  and  repassing  of  vessels  at  all  times,  toll 
free  ;  and  that  there  be  built/and  kept  in  good  repair,  a  sub- 
stantial and  sufficient  pier  on  each  side  of  said  draws,  of  one 
hundred  and  fifty  feet  in  length,  for  the  use  of  vessels  in  pas- 
sing through  ;  and  the  inside  of  said  draws,  and  the  front  of 
said  piers,  shall  be  planked  with  good  pine  plank,  of  not  less 
than  three  inches  thick,  and  placed  horizontal  on  the  same,  to 
be  secured  with  trunnels;  the  said  draw  and  piers  to  be  so 
planked  from  the  surface  of  the  water,  at  low  water,  to  the  top 
of  said  piers,  and  in  the  draw,  to  the  under  side  of  the  same  f 
and  that  the  said  bridge  shall  not  be  less  than  forty  feet  wide, 
with  sufficient  railings  on  each  side,  with  a  foot-way,  divided 
on  each  side  from  the  carriage-way  on  said  bridge,  by  proper 
railing ;  and  that  there  shall  be  a  suitable  number  of  lamps 
put  up  on  said  bridge  and  causeway,  not  more  than  fifty  feet 
distant  from  each  other,  and  kept  burning  until  midnight. 
Provided  however,  that  the  leaves  of  said  draws  may  be  reduced 
in  length,  so  that  the  travelling  path  over  the  same  shall  not  be 
less  than  twenty  feet. 

Sect.  5.  And  be  it  further  enacted,  That  the  rates  of  toll  on 
said  firidge,  shall  be  the  same  as  are  now  by  law  demandable 
for  }jassing  over  Charles  river  bridge,  which  rates  of  toll  shall 
be  written  on  a  sign  board,  in  large  or  capital  letters,  and  such 
sign  board  shall  be  kept  constantly  exposed  to  view,  over  the 
doors  of  such  toll-houses  as  may  be  erected  on  said  bridge. 

Sect.  6.  And  be  it  further  enacted.  That  the  proprietors  of 
the  Middlesex  C^iHial  Corporation,  shall  have  full  right  and 
lawful  authority,  to  erect,  or  cause  to  be  erected,  on  either 
side,  or  on  both  sides  of  said  bridge,  in  such  manner  as  they 
may  think  best,  and  at  their  own  proper  cost  and  expense,  all 
such  locks,  and  other  works,  as  may  be  necessary/and  con- 
venient for  the  conducting  the  boats,  rafts,  and  floats  of  said 
proprietors,  or  others,  using  said  canal,  by  the  sides  of  said 
bridge  and  causeway,  at  all  times,  the  whole  length  of  said 
bridge  and  causeway,  as  well  towards  the  town  of  Boston,  as 
from  the  said  town,  free  from  all  loll  and  charge  :  Provided, 
The  said  proprietors  of  the  Middlesex  Canal  do  not  obstruct 
in  any  manner  the  passing  on  said  bridge,  or  through  the 
draws  thereof. 

Sect.  7.  And  be  it  further  enacted.  That  the  said  proprie- 
tors of  the  Middlesex  Canal,  be,  and  they  hereby  are  autho- 
rized and  empowered  to  erect  such  dam,  or  other  works, 
northwardly  of  the  line  drawn  from  said  Lechmere's  Point,  and 
westwardly  of  said  bridge  and  causeway,  as  may  be  necessa« 


1806. Chap.  88.  79 

ty  and  proper,  for  retaining  the  water  for  the  boats  of  said 
canal  to  pass  on. 

Sect.  8.     ^nd  be  it  further  enacted,  That  at  all  legal  meet- Majority  of 
ings  of  the  members  of  the  corporation,  erected  and  constituted  votes  to  decide 
by  this  act,  the  concerns  of  said  corporation  shall   be  decided  )"  legal  meet^ 
by  the  majority  of  votes,  and  each  member  present  shall  be  '"*'" 
permitted  to  give  one  vote  for  every  share  whereof  he  is  pro- 
prietor, unless  he  be  proprietor  of  more  than  twenty  shares, 
and  one  vote  for  every  five  shares  above,  and  absent  mem- 
bers of  said  corporation,  may  vote  by  proxy,  authorized  in 
writing. 

Sect.  9.  Jind  be  it  further  enacted,  That  whenever  any  five 
members  shall,  in  writing,  request  the  president  to  call  a  meet- 
ing of  the  members  of  said  corporation,  hereby  erected,  he 
shall  cause  a  meeting  to  be  notified,  in  the  manner  which  may 
have  been  agreed  upon  for  calling  meetings  of  said  corporation. 

Sect.   10,     And  be  it  further  enacted.  That  the  proprietors  of  Term  of  con- 
the  said  canal  bridge  and  causeway,  shall  continue  to  be  a  cor-  tinuance. 
poration  and  body  politic,  for  and  during  the  term   of  seventy 
years,  to  be  computed  from  the  day  of  completing  said  bridge 
and  causeway,  and  opening  the  same  for  passengers ;  and  at 
the  expiration  of  the  said  term  ot  seventy  years,  said  canal 
bridge  and  causeway  shall  revert  to,   and  be  the  property  of 
the  Commonwealth,  and  shall  be  surrendered  in  good  repair. 
Sect.   1 1.     Jnd  be  it  further  enacted,  That  if  the  said  corpo- 
ration shall  neglect  or  refuse  to  complete  the  said  bridge  and  Actvoidin 
causeway,  for  the  space  of  five  years  from  the  passing'of  this  *=^^«- 
act,  then  this  act  shall  be  void,  and  of  no  effect. 

Sect.   12.     And  he  it  further  marted,  That  John   C.   Jones,  Meeting  of  pro- 
Lrorham  Parsons,  and  Andrew  Cragie,  may  call  a  meeting  of  pri.tors forcer- 
said  proprietors  and  their  associates,  hereby  incorporated,  for  t^m  purposes. 
the  purpose  of  deciding  on  the  manner  of  subscribing  and  hold- 
ing the  shares  in  this  corporation,  agreeably  to  the  provisions 
of  the  second  section   of  this  act,  and  for  any  other  purposes- 
and  the  manner  of  calling  said  meeting,^shall  be  by  publishin-^' 
in  any  three  of  the  Boston  Newspapers,   an   advertisement  of 
the  time,  place,  and  purposes  of  the  meeting  ;  the  first  pub- 
hcation    whereof  shall  be   twenty    days  before    the    time    of 
meeting. 

Sect.   13.     And  be  it  further  enacted.  That  the  proprietors  Proprietors  of 
ot  r^ewburyport  turn|)ike,  be,  and  they  are  hereby  authorized  Newburypon 
and  empowered  to  coniinue  and  extend  their  road  from  Mai-  '"''"P'''^  em- 
den  bridge,  to  the  bridge  herein  authorized  to  be  erected,  and  ^°'''"''^' 
to  take  and  appropriate,  for  the  purpose  of  making  such  part 
of  said  road,  any  lands  through  which  the  same  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  said 
turnpike  now  runs  :  Provided  however.  That  if  the   said   New-  Provise- 
buryport  turnpike  corporation  shall  neglect  to  make  and  ex- 
tend their  road  from  Maiden  bridge,  to  the  said  canal  bridge, 
for  the>^pace  of  five  years,  from  and  after  the  passing  of  this 
act,  then  this  provision  shall  be  void  and  of  no  effect. 


80 


1806. 


Chap.  88. 


Repealed 
1819  ch.  75 


Subject  to  a 
revision. 


West-Boston 
bridge. 


Proprietors  to  Sect.  14.  And  be  it  further  enacted.  That  the  proprietors  of  said  bridge  shall 
pay  a  premium  P^-y  to  the  master  of  every  vessel  that  shall  be  loadi'd  ia  whole,  or  to  the  ainounf 
to  vessels  pas-  of  one  half  of  her  burthen,  and  of  more  than  tvvpnty  tons,  register  measure^,  that 
sing  the  draws,  shall  pass  up  through  either  of  said  draws,  for  the  purpose  of  unloading  her  cargo, 
ten  cents  a  ton,  for  each  and  every  ton  said  vessel  shall  measure  ;  and  it  shall  be 
lawful,  at  any  period  after  two  years,  from  the  time  said  bridge  shall  be  open  for 
passengers,  for  any  party  interested,  to  make  application  to  the  Governor,  who, 
with  the  advice  of  Council,  is  hereby  authorized,  upon  such  application,  in  writing, 
desiring  that  a  revision  of  said  premium  of  ten  cents,  as  aforesaid,  may  he  made, 
to  appoint  three  impartial  men  to  hear  the  parties,  examine  the  premises,  and  in- 
crease or  diminish  said  premium  often  cents,  as  they  shall  think  just  and  reasona- 
ble, and  their  award,  signed  by  them,  or  a  major  part  of  them,  signed,  sealed  and 
certified,  to  the  Governor,  and  by  him  published,  shall  be  binding;  upon  all  parties, 
and  shall  be  the  sum  thereafter  to  be  paid,  and  in  like  manner,  and  by  similar  ap- 
plication and  process,  the  same  premium  may  be  increased  or  diminished,  at  the 
expiration  of  every  two  years  successively,  during  the  continuance  of  this  act. 

Annual  sum  to       Sect.   15.     And  be  it  further  enacted.  That  the  said  corpo- 
be  paid  the  pro-  ration   shall  be   holden  to  pay  to    the    proprietors    of  West- 
pne  ors  o         Boston  bridge,  three  hundred   and    thirty-three    dollars    and 
thirty-three  cents,  for  each  and  every  year  that  both  said  cor- 
porations shall  exist./  And  he  if  further  enacted,  That  a  lock, 
draw,  or  sluice-way,  shall  be  made  in  that  part  of  the  bridge 
or  dam  ^between   Lechmej-e's   Point,   and   Barrell's   Point,    at 
least  twenty -seven  feet  wide,  which  shall  be  opened  and  lifted 
at  all  times,  free  of  expense,  by  said  proprietors,  for  vessels, 
boats,  and  rafts  to  pass,  and  that  nothing  contained  in  this  act, 
shall  go  to  destroy  or  impair  any  rights  or  privileges  already 
granted  to  the  Prison  Point  Dam  Corporation. 
Term  of  con-         Sect.   16.     Be  it  further   enacted.    That   the   proprietors  of 
tinuance  of       (]^q  West-Boston    bridge   shall   continue  to  be  a   corporation 
bridge  corpora-  ^^^  body  politic,  for  and  during  the  term  of  seventy  years, 
tion.  from    the    time    of  erecting  anti   completing   the    said   Canal 

Bridge,  subject  to  all  the  conditions  and  regulations  prescribed 
in  an  Act,  entitled,  "  An  Act  for  incorporating  certain  persons 
for  the  purpose  of  building  a  bridge  over  Charles  River,  from 
the  westerly  part  of  Boston  to  Cambridge,  and  for  extending 
the  interest  of  the  proprietors  of  Charles  River  Bridge,  for  a 
term  of  years,  and  the  several  acts  in  addition  thereto ;"  and 
■^'during  the  aforesaid  term  of  seventy  years,  the  said  proprie- 
tors of  the  West-Boston  bridge,  shall  and  may  continue  to  col- 
lect and  receive  all  the  toll  granted  by  the  aforesaid  act,  and 
Proviso.  the  several  acts  in  addition  thereto  ;  Provided  however,  They 

shall  also  continue  to  pay  annually  to  Harvard  College,  the 
sum  of  six  hundred  and  sixty-six  dollars  and  sixty-six  cents  ; 
and  at  the  expiration  of  said  term  of  seventy  years,  said  West- 
Boston  bridge  shall  revert  to,  and  be  the  property  of  the 
Commonwealth,  and  shall  be  surrendered  in  good  repair. 
Conditions  of  Sect.  17.  Provided  always,  and  be  it  further  enacted,  That 
this  act.  this  act  shall  be  of  no  avail  or  effect,  and  that  the  privileges 

and  authority  herein  and  hereby  vested,  shall  never  be  exer- 
cised by  the  persons  herein  named,  or  by  any  other  person  or 
persons,  until  a  release  and  discharge  of  all  the  covenants  of 
warrantee  contained  in  the  deed  of  James  Prescott,  Joseph 
Hosmer,  and  Samuel  Thatcher,  Esq.  unto  Andrew  Cabot,  and 
his  assigns,  shall  be  made  and  obtained  from  Andrew  Cragie, 
or  the  person  or  persons  who  are  legally  authorized  to  make 


1806. Chap.  88—89.  81 

such  release  and  discharge,  so  that  the  said  Commonwealth, 
and  all  and  every  person  or  persons,  acting  in  their  behalf, 
may  be  forever  released,  exonerated,  and  discharged,  from  all 
of  said  covenants,  and  from  all  damages,  claim  of  damages,  or 

. cost,  which  have  been,  or  shall  hereafter  be  incurred,  either  in 

law  or  equity,  by  reason  of  said  covenants  of  warrantee,  or 
any  other  covenants  in  the  same  deed  ;  said  release  and  dis- 
charge to  be  made  to  the  acceptance  and  satisfaction  of  His 
Excellency  the  Governor,  with  the  advice  of  Council :  And 
provided  also^  That  this  act,  and  every  part  thereof,  shall  be 
void,  and  of  none  effect,  unless  such  release  and  discharge,  du- 
ly executed,  acknowledged,  and  recorded,  to  the  satisfaction  of 
the  Governor  and  Council,  shall  be  made,  and  filed  in  the 
office  of  the  Secretary  of  the  Commonwealth,  within  one  year 
from  and  after  the  passing  of  this  act. 

Sect.   18.     Be  it  further  enacted^  That  in  case  the  proprie- Penalty  in 
tors  of  said  Canal  Bridge,  or  any  toll-gatherer,  or  officer,  by  cases  of  neglect 

,  •         1        1     .1     °     1  "^      r     *  11  *'- to  open  the 

them  appointed,  shall  neglect  or  refuse  to  open  the  draws  oi  draws, 
said  bridge,  at  any  time,  by  night  or  by  day,  or  unnecessarily 
detain  any  vessel,  about  to  pass  through  the  same,  the  said 
proprietors  shall  forfeit  and  pay  for  every  such  refusal,  neglect, 
or  unreasonable  detention,  a  sum  not  exceeding  fifty  dollars, 
nor  less  than  twenty  dollars,  to  be  recovered  by  the  master  or 
owner  of  such  vessel,  in  any  court  proper  to  try  the  same. 
IFeb.  27,  1807.]     Add.  acts— 1807  ch.  61  :   1819  ch.  75. 

An  Act  to  incorporate  Joseph  Williams,  John   Balch,   and   others,  into  a  com-  C/lCfp.  oy» 
pany,  by  the   name  of  The   Union  Marine   and    Fire  Insurance   Company,   in 
Newburyport, 

Sect.  1.  BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  atid  by  the  authority  of  the 
same.  That  Joseph  Williams,  John  Balch,- and  others,  and  such  poS.'"'"'" 
persons  as  have  already  or  hereafter  shall  become  stockholders 
in  said  company,  being  citizens  of  the  United  States,  be,  and 
hereby  are  incorporated  into  a  company  and  body  politic,  by 
the  name  of  the  Union  Marine  and  Fire  Insurance  Company, 
in  Newburyport,  for  and  during  the  term  of  twenty  years  after 
the  passing  of  this  act;  and  by  that  name,  may  sue  and  be 
sued,  plead  or  be  impleaded  ;  appear,  prosecute,  and  defend, 
to  final  judgment  and  execution  ;  and  have  a  common  seal, 
which  they  may  alter  at  pleasure,  and  may  purchase,  hold, 
and  convey  any  estate,  real  or  personal,  for  the  use  of  said 
companj^  subject  to  the  restrictions  hereinafter  mentioned. 

Sect.  2.  Be  it  further  enacted.  That  a  share  in  the  capital  shares  limited, 
stock  of  the  said  company,  shall  be  one  hundred  dollars,  and 
the  number  of  shares  shall  not  be  less  than  one  thousand,  nor 
more  than  two  thousand,  and  if  the  said  number  of  shares  are 
not  already  filled,  subscriptions  shall  be  kept  open  under  the 
inspection  of  the  President  and  Directors  of  the  said  company, 
until  the  same  shall  be  filled;  and  the  whole  capital  stock, 
estate  or  property,  which  the  said  company  shall  be  autho- 
rized to  hold,  shall  never  exceed  two  hundred  thousrind  dol-  Amount  of 
lars,  exclusive  of  premium  notes,  or   profits  arising  from  said  "^^^"^^  ^^*'*' " 

VOL.  IV.  11 


82 


1806. 


Chap.  89. 


business,  of  which  capital  stock  or  property,  a  sum  not  ex' 
ceeding  thirty    thousand    dollars,    shall    be    invested    in    real 
estate. 
Concerns  of  Sect.  3.     Be  it  further  enacted,  That  the  stock,  property, 

bl^manrgrdby  affairs  and  coucems  of  said  company,  shall  be   man  iged  and 
Directors.  conducted  by  thirteen   Directors,  one  of  whom  shall  be  the 

President  thereof,  who  shall  hold  their  offices  for  one  year, 
and  until  others  shall  be  chosen,  and  no  longer;  which  Direc- 
tors shall,  at  the  time  of  their  election,  be  stockholders  and 
citizens  of  this  Commonwealth,  and  not  Directors  in  any  other 
company  carrying  on  the  business  of  Insurance,  and  shall  be 
Manner  of  elected  on  the  first  Tuesday  in  January,  in  each  and  every 
electing  Direc-  year,  at  such  timcs  of  the  day,  and  at  such  ph^ces  in  the  town 
of  Newburyport,  as  a  majority  of  the  Directors  for  the  time 
being  shall  appoint ;  of  which  election,  public  notice  shall  be 
given  in  all  the  newspapers  which  are  at  the  time  printed  in 
Newburyport,  and  continued  for  the  space  of  twenty  days  im- 
mediately preceding  such  election;  and  such  election  shall  be 
holden  under  the  inspection  of  three  stockholders,  not  being 
Directors,  to  be  appointed  previous  to  every  election  by  the 
Directors,  and  shall  be  made  by  ballot,  by  a  majority  of  votes 
of  the  stockholders  present,  allowing  one  vote  to  each  share  in 
the  capital  stock ;  Provided,  that  no  stockholder  shall  be  al- 
lowed more  than  twenty  votes,  and  the  stockholders  not  pre- 
sent, may  vote  by  proxy,  under  such  regulations  as  the  com- 
pany shall  prescribe. 

Sect.  4.  Be  it  further  enacted,  That  the  Directors  so  chos- 
en, shall  meet  as  soon  as  may  be  after  every  election,  and 
shall  choose  out  of  their  body  one  person  to  be  President,  who 
shall  preside  for  one  year,  and  until  another  shall  be  chosen, 
and  shall  be  sworn  faithfully  to  discharge  the  duties  of  his 
office  ;  and  in  case  of  the  death,  resignation,  or  inability  to 
serve,  of  the  President  or  any  Directors,  such  vacancy  or  va- 
cancies shall  be  filled  for  the  year  in  which  they  may  happen, 
by  a  special  election  for  that  purpose,  to  be  held  in  the  same 
manner  as  is  herein  before  directed  respecting  annual  elec- 
tions for  Directors  and  President. 

Sect.  5.  Be  it  further  enacted,  That  the  President  and  six 
of  the  Directors,  (or  seven  of  the  Directors  in  the  absence  of 
the  President)  shall  be  a  board  competent  to  transact  business  ; 
and  all  questions  before  them  shall  be  decided  by  a  mtjorily 
of  votes;  and  they  shall  hive  power  to  make  and  prescribe 
such  by-laws,  rules  and  regulations,  as  to  them  shall  appear 
needful  and  proper,  touching  the  mamgement  and  disposition 
of  the  stock,  property,  effects,  and  estate  of  said  company,  and 
the  transfer  of  shares,  and  touching  the  duties  and  conduct  of 
the  several  officers,  clerks,  and  servants  employed,  and  the 
election  of  Directors,  and  all  such  matters  as  appertain  to  the 
business  of  insurance  ;  and  shall  also  have  power  to  appoint  a 
'  secretary  and  so  many  clerks  and  servants  for  carrying  on  the 
said  busmess,  and  with  such  salaries  and  allowances  to  them, 
Proviso.  as  to  the  said  board  shall  seem  meet ;  Provided,  such  by-laws, 


Choice  of  Pre 
sident. 


Directors  em- 
powered. 


1806. Chap.  89.  83 

rules  and  regulations,  shall  not  be  repugnant  to  the  Constitu- 
tion or  Laws  of  this  Commonwealth. 

Sect.  G.  Be  it  furthtr  enacted^  That  the  President  shall  not 
receive  any  compensation  for  his  services,  unless  by  consent  of 
a  nv^jority  of  the  stockholders  of  said  company. 

Sect.   7.     Be  it  further  enacted,  That  there  shall  be  stated  Meeting  of  Di- 
meetings  of  the  Directors,  at  least  once  in  every  month,  and  as  "^  "^  °'  " 
often  within  each  month  as  the  President  and  board  of  Direc- 
tors shall  deem  proper ;  and  the  President  and  a  committee  of 
three  Directors,  to  be  by  him  appointed   in   rotation,  shall  as-  Committee  of 
semblc  daily,  if  need  be,  for  the  dispatch  of  business  ;  and  the  fjJp'Jited.'"  ^^ 
said  board  of  Directors   and   the  committee  aforesaid,   at  and 
during  the  pleasure  of  the  said  board,  shall  have  power  and  Powers  of  Di- 
authority,  in  behalf  of  the   company,  to  make   insurance  upon  lectois. 
vessels,  freight,  money,  goods  and  effects,  and  against  captivity 
of  persons,  and  on  the   life  of  an3^  person   during  his   absence 
by  sea,  and  in  cases  of  money  lent  upon  bottomry,  and  respon- 
dentia ;  and  when  the  capital  stock  or  fund  of  said   company 
shall  amount  to  the  sum  of  two  hundred  thousand  dollars,  and 
not  before,  shall  also  be  authorized  to  make  insurance  on  any 
mansion  house,  or  other  building,   and  on  the  goods  and  pro- 
perty therein  contained,  against  damage  arising  to  the  same  by 
fire,  originating  in   any  cause  except   that  of  design  in  the  in- 
sured ;  and  to  fix  the  premiums  and  terms  of  payment,  and  all 
policies  of  insurance   by   them   made,  shall  be  subscribed  by 
the  President;  or  in   case   of  his   death,   sickness,  inability  or 
absence,  by  any  two  of  the   Directors,  and   countersigned  by 
the  Secretary,  and  shall  be  binding  and   obligatory  upon  the 
said  company,  and   have  the  like  effect  and  force  as  if  under 
the  seal  of  said  company,  and   the  assured   may  thereupon 
maintain  an  action  upon  the  case   against  the  snid  company, 
and  all  losses  duly  arisins:  under  any  policy  so  subscribed,  may 
be  adjusted  and  settled  by  the   President  and  board  of  Direc- 
tors, and  the  same  shall  be  binding  on  the  company. 

Sect.  8.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  Dividends, 
the  Directors  on  the  second  Tuesdaj-  of  June  and  December, 
in  every  year,  to  make  dividends  of  so  much  of  the  interest 
arising  from  the  capital  stock,  and  profits  of  the  said  company, 
as  to  them  shall  appear  advisable  ;  but  the  monies  received, 
and  notes  taken  for  premiums  on  risks  which  shall  be  outstand- 
ing at  the  time  of  making  such  dividends,  shall  not  be  consid- 
ered as  part  of  the  profits  of  the  company  ;  and  in  case  of  any 
loss  or  losses,  whereby  the  capital  stock  of  the  company  shall 
be  lessened,  before  all  the  instalments  are  paid  in,  each  pro- 
prietor's or  stockholder's  estate,  shall  be  held  accountable  for 
the  deficiency  that  may  be  due  on  his  share  or  shares  at  the 
time  of  said  loss  or  losses  taking  place,  to  be  paid  in  to  the 
said  company  by  assessment,  or  such  other  mode,  and  at  such 
time  or  times  as  the  Directors  shall  order;  and  no  subsequent 
dividend  shall  be  made  until  a  sum  equal  to  such  diminution 
shall  have  been  added  to  the  capital ;  and  that  once  in  every 
two  years,  and  oftener,  if  required  by  a  majority  of  the  votes 
of  the  stockholders,  the  Directors  shall  lay  before  the  stock- 


u 


1806. 


Chap.  89. 


Stock  to  be 
funded. 


■Instalments  to 
be  paid. 


Members'  pro- 
perty liable  to 
Jittachment. 


upstates  of  di- 
rectors liable. 


holders  at  a  general  meeting,  an  exact  and  particular  state* 
ment  of  the  profits,  if  any  there  be,  after  deducting  losses  and 
dividenfis. 

Sect.  9.  Be  it  further  enacted,  That  the  said  company  shall 
not,  directly  or  indirectly,  deal  or  trade,  in  buying  or  selling 
any  eoods,  wares,  or  merchandize  whatsoever ;  and  the  capi- 
tal stock  of  said  company,  after  being  collected,  at  each  in- 
stalment, shall,  within  six  months,  be  invested  either  in  the 
funded  debt  of  the  United  States,  or  of  this  Commonwealth,  or 
in  the  stock  of  the  United  States  Bank,  or  of  any  incorporated 
bank  in  this  Commonwealth,  at  the  discretion  of  the  President 
and  Directors  of  said  company,  or  of  other  officers  which  the 
proprietors  shall  for  such  purpose  appoint. 

Sect.  tO.  Be  it  further  enacted,  That  fifty  dollars  on  each 
share  in  said  company  shall  be  paid  within  sixty  days  after  the 
first  meeting  of  the  said  company,  and  the  remaining  sum  due 
on  each  share  within  one  year  afterwards,  at  such  equal  in- 
stalments, and  under  such  penalties  as  the  said  company  shall 
direct ;  and  no  transfer  of  any  share  shall  be  permitted,  or  be 
valid,  until  the  expiration  of  one  year  after  the  first  instalment 
shall  have  been  paid. 

Sect.  11.  Be  it  further  enacted,  That  the  property  of  any 
member  of  said  company,  vested  in  the  stock  of  said  company, 
shall  be  liable  to  attachment,  and  to  the  payment  and  satisfac- 
tion of  his  just  debts,  to  any  of  his  bona  fide  creditors,  in  man- 
ner following,  viz : — In  addition  to  the  summons  by  law  pres- 
cribed, to  be  left  with  the  defendant,  a  like  summons  shall  be 
left  with  the  secretary  of  said  company,  and  the  debtor's  share 
or  shares  in  the  said  company's  funds,  together  with  the  in- 
terest and  profits  due,  or  growing  due  ihereon,  or  so  much 
thereof  as  shall  be  sufficient,  shall  thereby  be  held  to  respond 
said  suit  according  to  law;  and  all  transfers  of  the  debtor's 
shares  not  noted  in  the  books  of  the  company  previous  to  the 
delivery  of  such  summons,  shall  be  barred  thereby,  and  exe- 
cution may  be  levied  upon  the  property  of  any  stockholder  in 
said  company,  and  his  share  or  shares  therein  exposed  to  sale, 
in  the  same  manner  as  is  by  law  prescribed,  where  personal 
estate  is  taken  in  execution ;  and  it  shall  be  the  duty  of  the 
officer  Vv'ho  extends  such  execution  to  leave  an  attested  copy 
thereof,  with  his  doings  thereon,  with  the  secretary  of  said 
company,  and  the  purchaser  shall  thereupon  be  entitled  to  the 
reception  of  all  dividends  and  stock,  which  the  debtor  was  pre- 
viously entitled  to  ;  and  u]oon  any  attachment  being  made,  or 
execution  levied  on  any  shares  in  said  company,  it  shall  be 
the  duty  of  the  secretary  of  said  company,  to  expose  the  books 
of  the  company  to  the  officer,  and  to  furnish  him  with  a  cer- 
tificate under  his  hand,  in  his  official  capacity,  ascertaining  the 
number  of  shares  the  debtor  holds  in  said  company,  and  the 
amount  of  the  dividends  due  thereon. 

Sect.  12.  Be  il  further  enacted,  That  in  case  of  any  loss  or 
losses  taking  place  that  shall  be  equal  to  the  amount  of  the  ca- 
pital stock  of  the  said  company,  and  the  President  or  Directors 
after  knowing  of  such  loss  or  losses  taking  place,  shall  subscribe 


1806. Chap.  89— 90.  85 

to  any  policy  of  insurance,  their  estates,  jointly  and  severally, 
shall  be  accountable  for  the  amount  of  any  and  every  loss  that 
shall  take  place  under  policies  thus  subscribed. 

Sect.  1 3.  Be  it  further  enacted^  That  the  President  and   Di-   ,         .   . 

^       .J         "^  1     11  •  1     •         1  •!  •  Amount  ot 

rectors  ol  said  company,  shall,  previous  to  rheir  subscribing  any  stock  to  be 
policy,  and  once  in  every  year  after,  publish,  in  all  the   news-  published, 
papers  printed  at  the  time  in  Newburyport,  the  amount  of  their 
stock ;  against  what  risks  they  mean  to  insure,  and  the  largest 
sum  they  mean  to  take  at  any  one  risk. 

Sect.  14.  Be  it  further  enacted^  That  the  President  and  Di-  Subject  to  le- 
rectors  of  said  company  shall,  when,  and  as  often  as  required  g'piative  exa- 
by  the  Legislature  of  this  Commonwealth,  lay  before   them  a  '"'"^  '°"' 
statement  of  the  affairs  of  said  company,  and  submit  to  an  ex- 
amination concerning  the  same  under  oath. 

Sect.  15.  And  be  it  further  enacted,  That  Joseph  Williams, 
and  John  Balch,  are  hereby  authorized  to  call  a  meeting  of  the  Meeting  tobe 
members  of  said  company,  as  soon  as  may  be,  in  Newburyport, 
bj'^  advertising  the  same  for  three  weeks  successively,  in  the 
newspapers  printed  in  said  town,  for  the  purpose  of  electing 
the  first  board  of  Directors,  who  shall  continue  in  office  until 
the  first  Tuesday  of  January  next,  following,  and  until  others 
are  chosen  in  their  room. 

Sect.  16.  And  be  it  further  enacted,  That  the  said   President  insurance  li- 
and  Directors  shall  not  be  allowed  to  insure,  on  any  one  risk,  '"'*^^- 
a  larger  sum  than  ten  per  centum  of  the  amount  of  the  capital 
stock  of  said  corporation,  actually  paid  in. 

Sect.  17.  Be  it  further  enacted.  That  nothing  in  this  act,  shall 
prevent  any  future  Lesiislature  from  altering,  and  amending  it  in 
any  part.  [Fe6.  27,  1807.]  Add.  acts— 1809  ch.  65  :  1814 
ch.  124. 

An  Act  ronfirmiiig  the  doings  of  the  Court  of  General  Sessions  of  the  Peace,  for  Chap,  90. 

the  county  of  Hampshire,  respecting  the  location  of  the  Fourteenth   Massachu-  1802  ch   61 

setts  Turnpike  Road,  and  empowering  said  court  to  determine    by  a  jury,  or    a  .  . 

new  committee,  the  damages,  the  owners  of  lands  over  which  said  road  is  loca-  ^^ '  ^'  P'  ^^v 
ted,  ha%'e  sustained  by  laying  out  the  same, 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same,  That  the  Doings  of  court 
doings  of  the  Court  of  General  Sessions  of  the  Peace,  for  the  '=°«<^'^'^^d- 
county  of  Hampshire,  respecting  laying  out  the  Fourteenth 
Massachusetts  Turnpike  Road,  and  assessing  damages  to  own- 
ers of  lands  over  which  said  road  is  located,  be,  and  they  here- 
by are  confirmed  and  made  valid,  notwithstanding  any  infoi-- 
mality  respecting  the  same.  Provided  hozvcver,  that  the  owner  Proviso, 
or  owners  of  land  over  which  said  road  has  been  located,  or 
any  of  them,  shall  be  entitled  to  the  right  of  trial  by  jury,  for 
any  damages  which  they  may  have  sustained  by  lajnng  out  said 
road,  or  by  a  new  committee  if  the  parties  shall  agree,  if  said 
owner  or  owners,  or  any  of  them,  shall  apply  for  a  jury  at  the 
first  Court  of  General  Sessions  of  the  Peace,  to  be  holden  in  said 
county,  next  after  passing  this  act,  and  not  otherwise,  in  the  same 
manner  they  would  have  been  entitled,  if  they  had  applied  at 
the  first  Court  of  General  Sessions  of  the  Peace,  holden  in  said 
county  next  after  the  acceptance  of  the  report  of  the  commit- 
tee who  located  said  road,  any  thing  in  this,  or  any  former  act 
to  the  contrary  notwithstanding.     [Feb.  27,  1807.] 


86  1806. Chap.  91—93. 

Chap.  91 .        ^"  ^^''^  i"  addition  to  an  act,  entitled,    «  An  act  to  incorporate  Rufus  Davenport, 
1805  ch.  73.  ^"'^  others,  by  the  name  of  the  Cambridge  Port  Aqueduct  Corporation." 

BE  it  enacted  by  the  Senate   and   House  of  Representatives^  in 

General  Court  assembled,  and  by  the  authority  of  the  same,  That 

Empowered  to  the  Cambridge  Port  Aqueduct  Corporation,  may  be,  and  here- 

purchase  and     bj  is  authorized  and  empowered  to  purchase,  hold,  and  use,  in 

old  lands.        gij^.}^  manner,  and  for  such  purposes,  as  are  described   in   the 

act  to  which  this  is   an  addition,  a  certain  piece  or   parcel  of 

land,  supposed  to  contain  springs,  on  or  bj  the  hills   near  the 

house  of  Mr.  Peter  Tufts,  in  Medford  ;  and  the  said  corpora-' 

lion  may  als^  purchase  and   hold  in  manner  aforesaid,  one  or 

more  piece  or  pieces  of  land  which  the  said  corporation  shall 

require ;  Provided,  that  all  th<^  land  so  purchased   and   holden 

by  said  corporation,  shall  not  in  quantity  exceed  six   hundred 

feet  squai-e  ;  and  for  the  purposes  aforesaid,  a  meeting  of  the 

proprietors  may  be^  called  and  held,  in  theNnanner  provided  in 

the  act  to  which  this  is  an  addition.     [Feb.  27,  1807.] 

Chap.  92.  An  Act  to  exempt  the  Cotton  Mills  and  Manufactures  of  Jeduthan  Fuller  and 
Seth  Bemis  from  taxation,  for  five  years. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  some.  That 
all  the  buildings  which  now  are,  or  hereafter  may  be  erected 
in  the  town  of  Watertown,  by  Seth  Bemis,  and  Jeduthan  Ful- 
ler, for  the  purpose  of  establishing  a  Cotton  Manufactory,  in 
said  town,  and  all  the  materials  and  stock  to  be  employed  in 
the  manufacture  of  Cotton,  be,  and  they  are  hereby  exempted 
from  taxes,  of  every  kind,  for  and  during  the  term  of  fiveyr^^rs, 
from  and  after  the  passing  of  this  act,  and  no  longer.  ^  [Feb. 
27,  1807.] 

Chap,  93.  An  Act  to  incorporate  Benjamin  Lincoln,  and  others,  into  a  soriety,  for  the  pur- 
pose of  building  a  Meeting-House,  for  public  religious  worship,  in  the  north  pa« 
rish  of  Hingharn,  in  the  county  of  Plymouth. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  if  the  same, 

pora?e"d.  "''°"  ^hal  Benjamin  Lincoln,  Nathan  Rice,  Abner  Lincoln,  and  Le- 
vi Lincoln,  junior,  their  associates  and  successors,  be,  and  they 
hereby  a-re  constituted  and  made  a  corporation  and  body  po- 
litic, by  the  name  of  the  New  North  Meeting-House  Corpora- 
tion ;  shall,  by  that  name,  sue  and  be  sued,  shall  have  a  com- 
mon seal,  and  may  also  ordain  and  establish  such  bj^-laws  and 
regulations,  as  to  thcai  shall  seem  necessary  and  convenient  for 

T'rovisb.  the  government   of  said  corporation  :  Provided,  such    by-laws 

and  regulations  shall  be  in  no  wise  contrary  to  the  Laws  and 
Constitution  of  this  Commonwealth ;  may  purchase  and  hold 
land  for  the  erection  of  a  house  for  public  worship  thereon  ; 
shall  have  power  from  time  to  time,  to  raise  money  to  keep  the 
same  in  repair  ;  and  may  purchase,  receive  by  gift  and  devise, 
and  hold  real  and  personal  estate,  the  anrmalmcome  of  which 
shall  not  exceed  the  sum  of  one  thousand  dollars,  for  the  pur- 
pose of  building  a  meeting  house,  and  supporting  public  wor- 
ship therein. 

coTSioidi-       ^^^•^'  ^*  ^^  it  further  enacted,  That  the  property  of  said  cor- 

vETnto"  '"  poration  shall  be  divided  into  such  a  number  of  shares,  as  the 

shares. 


]806. Chap.  93.  87     - 

proprietors  shall  agree  upon  ;  Provided,  that  the  number  shall, 
in  no  case,  exceed  one  hundred ;  and  the  same  shall  be  consi- 
dered personal  estate  ;  and  the  certificates  of  such  shares,  and 
of  all  transfers  of  the  same,  shall  be  recorded  in  the  books  of 
the  town  clerk  of  Hingham,  and  shall  be  numbered  from  one, 
upwards,  and  the  number  which  each  certificate  shall  bear, 
shall  designate  the  pew  to  which  the  proprietors  who  shall  hold 
the  said  certificate,  shall  be  entitled. 

Sect.  3.  Be  it  further  enacted,  That  within  fourteen  days  af-  Pewstobesoid 
ter  the  said  house  shall  be  finished,  the  clerk  of  said  corpora-  ^^  auction, 
tion  shall  advertise  the  pews  for  sale,  at  public  auction,  among 
the  proprietors  only,  first  giving  seven  days  notice  of  the  time 
and  place  of  sale,  by  posting  notifications  thereof  at  the  said 
meeting  house  ;  and  each  proprietor  shall  have  a  right  to  pur- 
chase as  many  pews  as  he  holds  shares,  in  the  said  corpora- 
tion, and  no  more. 

Sect.  4.  Be  it  further  enacted,  That  whenever  any  proprietor  Shares  of  deiin- 
shall  neglect  or  refuse  to  pay  any  assessment,  duly  voted,  for  ^^^^s^to  ^g^S' 
the  purpose  of  this  corporation,  to  the  treasurer  thereof,  wuhin 
thirty  days  after  the  same  shall  be  made  payable,  the  said 
treasurer  is  hereby  authorized  to  sell,  at  public  vendue,  the 
share  or  shares  of  such  delinquent  proprietor,  to  defray  such 
assessment,  and  all  necessary  charges,  after  giving  notice,  thir- 
ty days  at  least  before  such  sale,  by  posting  notifications  at  the 
said  meeting  house,  and  at  two  or  more  public  places,  within 
the  said  town  of  Hingham,  of  the  time  and  place  of  sale,  and 
of  the  causes  thereof;  and  the  purchaser  or  purchasers,  under 
any  such  sale,  shall  receive  from  the  clerk,  executed  in  the  man- 
ner hereinafter  prescribed,  a  certificate  or  certificates,  of  such 
share  or  shares  as  he  shall  purchase  as  aforesaid,  and  shall  there- 
by have  and  hold  all  the  estate,  right,  title  and  interest,  which 
such  delinquent  proprietor  possessed  in  such  share  or  shares, 
and  in  the  pew  or  pews  designated  by  the  number  or  numbers 
of  such  share  or  shares;  and  after  deducting  such  assessments, 
and  necessary  charges,  the  overplus,  if  an}^  shall  be  paid  to 
the  said  delinquent,  by  the  treasurer,  on  demand. 

Sect.  5.  Be  it  further  enacted.  That   each   proprietor  or  his  Evpry  proprie- 

11  I        •        1   •  •,•  1     n   I  •    u.    *^  ,.„.«  ,•..    toi  entitled  to 

agent,  duly  authorized  m  writing,  shall  have  a  right  to  ^ote  ni  ^^^^^ 
all  meetings   of  said  corporation,  and  be  entitled  to   as   many 
votes  as  he  hns  shares  :  Provided,  that  no  person  shall  be  enti- 
tled to  more  than  five  votes. 

Sect.  6.  Be  it  further  enacted.  That  a  meeting  of  said  corpo-  Meeting  to  be 
ration  shall  be  holden  at  the  house  of  Ephraim  Andrews,  inn-  holden. 
holder,  in  said  Hingham,  on  the  first  Saturday  of  March  next, 
at  three  o'clock,  in  the  afternoon,  for  the  purpose  of  choosing  a 
president,  treasurer,  and  clerk,  and  such  other  officers  as  shall 
be  deemed  necessary,  and  also  to  agree  upon  the  mode  of  cal- 
ling meetings  of  said  corporation  in  future. 

Sect.  7.  Beit  further  enacted.  That  the  several  officers   of  Officers  to  be 
said  corporation  shall  be  chosen  annually,  by  a  majority  of  [J^°^«"*"""^^' 
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. 


88 


liJ06. 


Chap.  93—95. 


Chap*  94. 

1803  ch.  91. 
(V.  3.  p.  328.) 


Chap.  95. 


Second  parish 
in  Cambridge 
incorporated. 


Boundaries. 


Proviso. 


Inhabitants  to 
hold  a  propor- 
tion of  pro- 
perty owned  in 
common. 


Sect.  8.  Be  it  further  enacted,  That  the  president  and  clerk 
shall  sign  the  certificates  of  the  shares  of  the  proprietors  in  this 
corporation,  and  that  the  clerk  shall  make  a  record  of  the  same, 
in  a  book,  to  be  kept  for  that  purpose. 

Sect.  9.  And  be  it  further  enacted,  That  the  clerk,  before  he 
shall  enter  upon  the  duties  of  his  office,  shall  be  sworn  to  the 
faithful  discharge  of  the  same.     IFeb.  27,  1807.] 

An  Act  for  allowing  further  time  to  the  New-Bedford  and  Bridgewater  Turnpike 
Corporation,  for  completing  their  road. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
a  further  time  of  six  months,  from  the  twenty-eighth  day  of 
February  next,  be,  and  hereby  is  allowed  to  said  corporation, 
to  complete  said  turnpike  road  ;  any  thing  in  the  original  act 
of  incorporation  to  the  contrary,  notwithstanding.  [Fe6.  27, 
1807.]     Add.  act— 1808  ch.  12. 

An  Act  to  divide  the  Town  of  Cambridge,  and  to  incorporate  the  Westerl}'  Parish 
therein,  as  a  separate  Town,  by  the  name  of  West  Cambridge. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives,  in  General  Court  ■  assembled,  and  by  the  authority  of  the 
same,  That  all  that  part  of  the  town  of  Cambridge,  heretofore 
known  as  the  second  parish,  and  as  described  within  the  fol- 
lowing bounds,  together  with  the  inhabitants  thereon,  be,  and 
the  same  is  hereby  incorporated  into  a  separate  town,  by  the 
name  of  West  Cambridge,  viz.  Beginning  at  Charlestown  line, 
where  the  little  river  intersects  the  same,  and  running  on  a  line, 
in  the  middle  of  said  little  river,  until  it  strikes  Fresh  Pond,  so 
called ;  thence  west,  ten  degrees  south,  until  it  intersects  the 
line  of  the  town  of  Watertown ;  thence  on  Watertown  and 
Waltham  line,  until  it  strikes  Lexington  line ;  thence  on  Lexing- 
ton line,  until  it  strikes  VYoburn  line;  thence  on  Woburn  and 
Charlestown  line,  to  the  said  little  river,  first  mentioned.  And 
the  said  town  of  West  Cambridge,  is  hereby  vested  with  all  the 
powers  and  privileges,  and  shall  also  be  subject  to  all  the 
duties  to  Avhich  other  corporate  towns  are  entitled  and  subject- 
ed, by  the  constitution  and  laws  of  this  Commonwealth:  Pro- 
vided however.  That  nothing  in  this  Act  shall  be  so  construed, 
as  to  impair  the  right  or  privilege  of  the  congregational  minis- 
ter of  the  said  town  of  West  Cambridge,  which  he  now  holds 
in  Harvard  College. 

Sect.  2.  Bt  it  further  enacted.  That  the  inhabitants  of  the 
said  town  of  West  Cambridge,  shall  be  entitled  to  hold  such 
proportion  of  all  the  real  and  personal  property  now  belonging 
to,  and  owned  in  common  by  them,  and  the  inhabitants  of  the 
present  town  of  Cambridge,  as  the  property  of  the  said  inhabi- 
tants of  West  Cambridge  now  bears  to  the  property  of  all  the 
inhabitants  of  the  late  town  of  Cambridge,  according  to  the 
latest  valuation  thereof;  excepting  always,  all  rights  of  com- 
mon landing  places,  uses,  and  privileges,  now  and  heretofore 
possessed  and  enjoyed  by  the  inhabitants  of  said  Cambridge, 
which  shall  hereafter  belong  and  appertain  to  that  town  only, 
in  which  the  same  may  fall. 


1806. Chap.  95—96.  89 

Sect.  3.  Be  it  further  enacted.  That  the  inhabitants  of  the —to  pay  ar- 
said  town  of  West  Cambridge,  shall  be  holden  to  pay  all  ar-  '^^''  of  taxes. 
rears  of  taxes,  due  from  them,  together  with  their  proportion, 
(to  be  ascertained  as  aforesaid)  of  all  the  debts  and  claims  now 
due  and  owing,  from  the  said  town  of  Cambridge,  or  which 
may  hereafter  be  found  due  and  owing,  by  reason  of  any  con- 
tract, engagement,  judgment  of  court,  or  other  matter  or  thing, 
heretofore  entered  into,  or  now  existing. 

Sect.  4.  Be  it  further  enacted,  That  the  said  town  of  West  —to support 
Cambridge,  shall  be  holden  to  support  their  proportion  of  the  tl'on'^Ji  poor! 
present  poor  of  the  town  of  Cambridge,  which  proportion  shall 
be  ascertained  by  the  present  valuation  of  the  town;  and  all 
persons  who  may  hereafter  become  chargeable,  as  pauf)ers,  to 
the  towns  of  Cambridge  and  West  Cambridge,  shall  be  consi- 
dered as  belonging  to  that  town,  on  the  territory  of  which  they 
had  their  settlement,  at  the  time  of  passing  this  Act,  and  shall, 
in  future,  be  chargeable  to  that  town  only. 

Sect.  5.     Be  it  further  enacted,  That  the  said  town  of  West  —  to  support 
Cambridge,  shall  be  held  to  krep  up  and  support  their  propor-  [|oTo'i  tire°o'id 
tionoftheold   bridge,  over  Charles  River,  between  the  first  bridge, 
and  third   parishes  of  Cambridge,   which   proportion  shall  be 
ascertained  from  time  to  time,  by  the  state  valuation. 

Sect.  6.     Be  it  further  enacted,  That  the  said  town  of  West  —to  pay  state 
Cambridge,  shall  be  holden  to  pay  their  proportion  of  all  state  faxes."""  ^ 
and  county  taxes,  assessed  on  the  inhabitants  of  the  said  town 
of  Cambridge,  until  the  General  Court  shall  lay  a  tax  on  the 
said  town  of  West  Cambridge. 

Sect.  7.  Be  it  further  enacted.  That  this  Act  shall  not  have 
any  force  or  effect,  until  the  first  day  of  June,  one  thousand 
eight  hundred  and  seven. 

Sect.  8.  Be  it  further  enacted,  That  any  justice  of  the  peace  jnstire  to  issue 
for  the  county  of  Middlesex,  upon  application  therefor,  is  here-  a  warrant, 
by  authorized  to  issue  his  warrant,  directed  to  some  freeholder 
of  the  said  town  of  West  Cambridge,  requiring  him  to  notify 
and  warn  the  inhabitants  thereof  to  meet  at  such  time  and 
place  as  shall  be  appointed  in  said  warrant,  for  the  choice  of 
such  officers,  as  towns  are  by  law  required  to  choose,  at  their 
annual  town  meetings.     [Feb.  27,  1 807.] 

An  Act  to  exempt  the  lands  of  ceitain   perFons,  within  the  boMiid?  of  the  Korth  CAwp.  96« 
Parish  in  Danvers,   from  taxation,   towards  the  support  of  the  IWinistry,  in  the 
said  North  Parish. 

BE  it  enacted  by  the  Senate  and  House  of  Represent atives,  in 
General  Court  assembled,  and  by  the  authority  of  the  t,mny.  That 
so  much  of  the  land,  now  owned  by  Jonathan  Prot  lor,  Timo* 
thy  Felton,  Moses  Preston,  Nathaniel  Felton,  Francis  Procior, 
James  Proctor,  and  John  Needham,  jun.  as  lie  within  the  lines 
of  the  north  parish  in  Danvers,  be,  and  hen  by  are  exempted 
from  taxation,  towards  the  support  of  the  ministry,  and  other 
parochial  expenses,  in  the  ^id  north  parish,  so  lotig  as  the  Act 
continues,  entitled.  An  Act  ''  to  empower  the  proprietors  of  the  1793  ch.  25. 
south  m''eting-house,  in  the  late  south  parish  in  Danvers,  to  (V.  1.  p.475,) 
raise  money,  by  a  tax  on  the  pews  and  seats,  in  the  said  meet- 
ing-house."    [Feb.  27,  1807.] 

VOL.   IV.  12 


90 


1806. 


Chap.   100. 


Chap.  100. 


Persons  incor- 
porated. 


Manner  of 
calling  meet- 
ings. 


Power  of  the 
qorporation. 


Assessments. 


Property  of  de- 
linqueiiis  may 
be  sold. 


An  Act  to  incorporate  the  proprietors  of  Salt  Marsh,  on  Cart-Creek,  in  Newbury^ 
to  make  and  maintain  a  Dike,  for  the  better  improving  the  same. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  RepreseU' 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  Th;it  from  and  after  the  passing  of  this  Act,  John  Nojes, 
Caleb  Titcomb,  Isaiah  Rogers,  Josiah  Adams,  Stephen  Adams, 
John  Longfellow,  Simon  Thuria,  Enoch  Little,  and  Simeon  Tit- 
comb,  their  heirs  and  assigns,  proprie'ors  of  the  greater  part  of 
a  tract  of  salt  marsh,  situate  on  Carl-Creek,  in  Newbury,  in 
the  county  of  Essex,  be,  and  hereby  are  incorporated,  with  all 
the  powers  and  privileges  incident  to  similar  corporations. 

Sect.  2.  £nd  be  it  further  enacted.  That  the  manner  of  call- 
ing meetings  of  the  said  proprietors,  shall  be  by  an  application, 
in  writing,  from  three  or  more  of  said  proprietors,  to  any  jus- 
tice of  the  peace,  in  the  county  of  Essex,  who  is  hereby  em- 
powered and  directed  to  issue  his  warrant  to  one  of  said  pro- 
prietors, to  meet  at  such  time  and  place  as  he  shall  think  most 
convenient,  and  for  the  purposes  to  be  expressed  in  said  war- 
rant; and  copies  of  said  warrant,  with  the  notification  thereon, 
shall  be  posted  up  at  two  or  more  houses  of  public  worship,  in 
said  Newbury,  and  one  or  more  houses  of  public  worship  in  each 
town  where  any  of  the  proprietors  of  said  marsh  may  dwell,  ten 
days  at  least,  before  the  time  of  holding  said  meetings;  and  the 
said  proprietors,  or  the  major  part  of  such  of  them  as  shall  be 
assembled  at  any  legal  meeting,  called  as  aforesaid,  shall  have 
power  to  choose  a  clerk,  committee,  assessors,  collector  or  col- 
lectors of  taxes,  and  a  treasurer,  all  of  which  officers  shall  be 
sworn  to  the  faithful  discharge  of  the  trust  reposed  in  them, 
and  continue  to  serve  until  others  are  chosen  and  sworn  in  their 
place,  which  may  be  annually,  or  as  often  as  occasion  may  re- 
quire, which  officers,  so  chosen  and  sworn,  shall  have  the  same 
power  to  perform,  execute,  and  carry  any  legal  vote,  or  order, 
of  said  corporation,  into  as  full  effiect,  as  town  offi.cers  of  like 
description  have,  by  law,  to  do  and  perform.  And  the  said 
corporation  shall  have  power  to  erect  and  make  a  Dike,  and 
Dam,  of  sufficient  heighth  and  width,  across  said  Cart-Creek, 
in  or  near  the  same  place  where  a  Dike,  or  Dam,  was  formerly 
made,  so  far  as  a  Dike  or  Dam,  may  be  found  necessary;  and 
to  erect  and  keep  in  repair,  such  a  Fence,  as  the  said  proprie- 
tors may,  at  a  legal  meeting,  agree  to  have,  where  a  Fence 
may  be  found  necessary;  and  at  a  legal  meeting,  called  as 
aforesaid,  for  that  purpose,  may  vote  and  raise  monies  to  de- 
fray the  necessary  expenses  of  such  Dike,  Dam,  and  Fence, 
and  keeping  the  same  in  repair ;  and  to  pay  all  other  expenses 
which  shall  be  found  ner  essary  for  the  better  management 
thereof,  and  for  carrying  the  votes  and  ordei's  of  said  corpora- 
tion into  effect ;  and  all  monies,  raised  as  aforesaid,  shall  be 
assessed  upon  each  of  the  aforenamed  proprietors,  and  their 
heirs  and  assigns,  of  the  Marsh  aforesaid,  by  thein  owned,  in 
proportion  to  the  number  of  acres  he  or  she  may  own  ;  and  if 
any  proprietor  aforesaid,  shall  refuse  or  neglect  to  pay  the 
sum,  or  sums,  assessed  upon  him  or  her,  as  aforesaid,  after 
sixty  days  notice,  so  much  of  his  or  her  Marsh  shall  be  sold. 


1806. Chap.  100—105.  91 

at  public  vendue,  as  will  be  sufficient  to  pay  the  same,  with 
costs;  notice  of  such  sale  to  be  given,  by  posting  up  adver- 
tisements thereof,  at  one  or  more  houses  of  public  worship,  in 
the  town  or  towns  where  such  delinquent  proprietors  dwell, 
three  weeks  prior  to  the  iime  of  sale,  with  the  names  of  the 
proprietors,  the  amount  of  the  taxes  assessed  on  their  Marsh,  re- 
spectively, and  also  the  lime  and  place  of  sale;  and  if  no  per- 
son shall  appear  thereupon  to  discharge  the  said  taxes,  and  all 
necessary  intervening  charges,  then  the  collector  shall  proceed 
to  sell  at  auction,  to  the  highest  bidler,  so  much  only  of  said 
Marsh,  as  shall  be  sufficient  to  discharge  said  taxes,  and  the 
necessary  intervening  charges,  and  shall  give  and  execute  a 
deed  or  deeds,  to  the  purchaser  or  purchasers,  his  or  her  heirs 
or  assigns,  expressing  therein  the  cause  of  such  sale  :  Provided^  Provieo. 
That  Samuel  Thurla,  shall  not  be  holden  to  pay  any  part  or 
portion  of  the  expense  of  erecting  and  maintaining  said  Dike, 
Dam,  or  Fence,  on  account  of  any  Marsh  which  he  now  <  wns, 
above  the  place  where  said  Dike  or  Dam  is  to  be  erected,  nor 
any  other  person  or  persons,  who  may  be  heirs  or  assigns  of 
Samuel  Thurla,  of  said  Marsh,  now  owned  by  him,  for  or  on 
account  <j^  the  same. 

Sect.  3.     Be  it  further  enacted^  That  the  said  John   Noyes,  Owners  held  to 
Caleb  Titcomb,  Isaiah  Rogers,  Josiah  Adams,  Stephen  Adams,  make  good 
John  Longfellow,  Simon  Thurla,  Enoch  Little,  and  Simeon  Tit-  ^"^  damage, 
comb,  and  their  heirs  and  assigns,  of  said  Marsh,  by  them  re- 
spectively owned,  shall  be  holden  to  make  good  all  damage,  if 
any,  which  the  said  Samuel  Thurla,  or  his  heirs  or  assigns  of 
said  Marsh,  owned  by  said  Thurla,  may  suffisr  in  said  Marsh, 
by  the  erection  of  said  Dike,  Dam,  or  Fence;  which  damage, 
if  any,  shall  be  ascertained  by  a  committee,  to  be  appointed  by 
the  Court  of  Common  Pleas,  for  the  county  of  Essex,  on  appli- 
cation of  said  Thurla,  his  heirs  or  assigns,  at  any  time  within 
five  years  from  the  erection  of  said  Dike,  Dam,  or  Fence. 
[Feb.  28,  1807.] 

An  Act  to  establisli  the  Stockbridge  Turnpike.  Chcip,  105. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Elisha  Andrews,  Ethel  Burch,  Dan  Chappel,  Samuel  Clark, 
Samuel  Clark,  jun.  Stephen  Comstock,  Daniel  Curtis,  Benja- 
min Dresser,  Ezra  Dresser,  James  Dresser,  John  Dresser, 
Daniel  Dryer,  John  Dryer,  EzekielGriswold,  Benjamin  Hatch, 
Eli  Hatch,  Elisha  Hooper,  Elisha  Hooper,  jun.  Loammi 
Mott,  John  Newell,  Grove  Pomeroy,  Oliver  Ruggles,  Jo- 
seph Seely,  Enoch  W.  Thayer,  and  William  Thompson,  to- 
gether with  such  others,  as  already  have,  or  may  hereafter  • 
associate  with  them,  their  successors  and  assigns,  be,  and  they 
hereby  are  made  a  corporation,  by  the  name  of  "  The  Stock- 
bridge  Turnpike  Corporation,"  for  the  purpose  of  locating, 
making,  and  keeping  in  good  repair,  a  turnpike  road,  through 
the  town  of  Stockbridge,  so  as  to  stand  connected  with  "  The 
Housatonuck  River  Turnpike,"  and  "  The  Fifteenth  Massa- 
chusetts Turnpike,"  and  for  this  purpose  shall   have  all  the 


92  1806. Chap.  105—108. 

powers  and  privileges,  and  shall  also  be  subject  to  all  thedu^ 
ties,  requirements,  and  penalties,  prescribed  and  contained  in 
1805 ch.  125.  s"  ^ct,  entitled,  "  An  act  defining  the  general  powers  and  du- 
ties of  turnpike  corporations ;"  passed  the  sixteenth  day  of 
Marrh,  in  the  year  o.'  our  Lord  one  thousand  eight  hundred 
and  five.     [Feb.  28,  1807.] 

Chap.  106.  -A^"  Act  to  establish  the  Sheffield  and  Great  Barrington  Turnpike. 

BE  it  enacted  by  the  Senate  and   House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 

Persons  incor-  Thomas  Allen,  Timothy  Arnold,  Fenner  Arnold,   Isaac   Ba!d- 

porated.  ^j^^  j^)^^  Burghardt,  the  third,   Ashbel  Cone,  Henry  Covel, 

John  Ford,  Joseph  Gibson,  Ezekiel  Griswold,  Martin  Hart, 
Andrew  Hollenback,  Isaac  Leavenworth,  David  Leavenworth, 
Nathaniel  Lewis,  Charles  Loveland,  Miles  Morgan,  Grove 
Pomeroy,  Samuel  Riley,  Samuel  Rassetter,  Stephen  Lihley, 
Isaac  Seeley,  John  Seeley,  Enoch  Williams  Thayer,  John 
Tucker,  Jabez  Turner,  John  Vandusen,  Charles  Whiting,  and 
John  Whiting,  together  with  such  others  as  may  hereafter  as- 
sociate with  them,  and  their  successors  and  assigns,  be,  and 
they  are  hereby  made  a  corporation,  by  the  name  of  the 
Sheffield  and  Great  Barrington  Turnpike  Corporation,  for  the 
purpose  of  la;ying  out,  making  and  keeping  in  good  repair,  a 
turnpike  road  through  the  towns  of  Sheffield,  Great  Bar- 
rington, and  West  Stockbridge,  viz.  Beginning  at  the  south 
line  of  this  Commonwealth,  in  the  town  of  Sheffield,  or  at  the 
Hartford  and  Hudson  turnpike,  near  the  dwelling  house  of 
captain  Uziel  Clark ;  thence  to  extend  in  a  northerly  direc- 
tion, through  the  easterly  part  of  said  town,  and  crossing  the 
Hausatonock  river ;  thence  on  the  south  side  of  the  dwelling 
house  of  Truman  Wheeler,  in  Great  Barrington ;  thence  north- 
erly, through  i.he  said  town  of  Great  Barrington,  and  into  the 
town  of  West  Stockbridge,  near  the  dwelling  house  of  John 
Brown,  and  unh'l  the  same  shall  intersect  a  turnpike  road,  laid 
out  and  established  near  the  dwelling  house  of  Grove  Pome- 
roy, innholder,  in  said  West  Stockbridge;  and  for  this  purpose 
shall  have  all  the  powers  and  privileges,  and  shall  also  be 
subject  to  all  the  duties,  requirements,  and  penalties,  prescrib- 

|eOo  cli.  125.  ed  and  contained  in  an  act,  entitled  An  act,  defining  the  gen- 
eral powers  and  duties  of  turnpike  corporations,  passed  the  six- 
teenth day  of  March,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  five.     [Feb.  28,  1807.] 

Chap.  108.     An  Act  to  incorporate  the  Proprietors  of  a  Public   Bathing  House  in  Nevvbury- 
•*  port.  ' 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General    Court  assembled,  and  by  the  authority  of  the. 
Persons  incor-  same-,  That  Edward   St.  Loe  Livermore,  Jonathan  Gage,  Ste- 
porated.  phen  Howard,  and  William  Woart,  and  all  such  persons  as  are 

or  may  be  associated  with  them,  for  the  purpose  of  erecting 
and  keeping  a  Bathing  House,  in  Newburyport,  and  their  suc- 
cessors, shall  be,  and  they  hereby  are  made  a  corporation,  by 
the  name  of  the  Proprietors  of  a  Bathing  House  in  Newbury- 


1806. Chap.  108.  93 

port;  and  by  that  name  may  sue  and  be  sued,  and  may  have 
a  common  seal,  and  may  have  and  enjoy  all  the  jjrivileges  Common  seal, 
and  powers,  which  are  by  law  incident  and  necesst^ry  to  a 
corporation  for  the  purpose  of  keeping,  using  and  improving, 
a  public  building  or  buildings,  wiih  all  necessary  and  con- 
venient  appurlcn^.Dces,  for  Bathii»g. 

Sect.  2.  And  be  it  further  enacted^  That  Edward  St.  Loe  Choice  of  offi- 
Livermore,  Stephen  Howard,  and  William  Wonrt,  or  any  one  *^«''^- 
of  them,  may,  by  an  advertisement  in  a  newspaper,  printed  in 
Newl)uryport,  call  a  meeting  of  said  proprietors,  to  be  held  at 
any  suitable  time  and  place,  afier  ten  days  notice  ;  and  the 
said  proprietors,  by  the  vote  of  a  major  part  of  those  present, 
or  represented  at  said  meeting,  may  choose  a  clerk,  treasurer, 
and  three  or  five  directors,  as  may  then  be  agreed  on,  one 
of  whom  shall  be  elected  president  by  said  directors,  and 
may  vest  in  them  such  powers  as  they  may  deem  necessary, 
and  may  determine  how  often,  and  in  what  manner,  and  at 
ivhat  time,  said  officers  shall  be  chosen,  and  in  what  man- 
ner future  meetings  shall  be  called  and  held,  and  make  such 
ru'es  and  regulations  as  may  be  judged  necessary  and  not  re- 
pugnant fo  the  constitution  and  laws  of  this  Commonwealth,  or 
of  the  United  States. 

Sect.  3,  And  be  it  further  enacted,  That  the  said  corpora-  Authoiizedto 
tion  be,  and  the  same  is  authorized  and  empowered,  to  pur-  j°^g '^*^  ^'^^ 
chase  and  hold  real  estate  to  the  value  of  twenty  thousand 
dollars ;  and  that  the  whole  interest  shall  be  divided  into  one 
hundred  shares,  which  shares  shall  be  deemed  and  consider- 
ed to  all  intents  and  purposes  as  personal  propertjs  and  the 
ownership  thereof  shall  be  evidenced  by  a  certificate  signed 
by  the  president,  and  countersigned  by  the  clerk,  and  sealed 
with  the  common  seal ;  and  such  shares  shall  be  transferable 
by  the  owners  personally,  or  by  attorney,  upon  the  books  to 
be  kept  by  the  clerk  for  that  purpose ;  and  such  owner,  upon 
making  such  transfer,  shall  deliver  up  his  certificate  to  the 
clerk  to  be  cancellc  1. 

Sect.  4.  Be  it  further  enacted,  That  the  property  of  every  Shares  may  bo 
individual  member  in  said  corporation,  vested  therein,  shall  be  ^"acheci. 
liable  to  attachment,  and  to  the  payment  and  satisfaction  of  his 
just  debts,  to  any  of  his  bona  fide  creditors,  in  manner  fol- 
lowing, viz.  In  addition  to  the  summons,  by  law  prescribed  to 
be  left  with  the  debtor,  a  like  summons  shall  be  left  with  the 
clerk  of  said  corporation  ;  and  the  debtor's  shares  or  share 
therein,  together  with  any  interest,  profits  or  rents  of  any 
kind,  due  or  growing  due  thereon,  shall  be  held  to  respond 
said  suit  according  to  law  ;  and  all  transfers  of  the  debtor's 
shares,  not  noted  in  the  clerk's  books  previous  to  the  delivery 
of  such  summons,  shall  be  barred  thereby ;  and  execution 
may  be  levied  upon  the  property  of  any  member  of  said  cor- 
poration, and  his  shares  therein  be  exposed  to  sale  in  the 
same  way  and  manner  as  is  by  law  provided,  where  personal 
property  or  estate  is  taken  in  execution;  and  it  shall  be  the 
duty  of  the  officer  who  extends  such  execution,  to  leave  an 
attested  copy  thereof,  with  his  doings  thereon,  with  the  clerk 


94 


1806. 


Chap.  108—111. 


Preamble. 


of  said  corporation,  and  the  purchaser  shall  thereupon  be  en- 
titled to  all  dividends  and  stock,  and  to  the  same  privileges  as 
a  member  of  said  corporation,  that  the  debtor  was  previous- 
ly entitled  to;  and  upon  attachment  being  made,  or  execution 
levied  on  any  shares  in  said  corporation,  it  shall  be  the  duty  of 
Books  maybe  the  clerk  to  expose  the  books  of  said  corporation  to  the  officer, 
examined.  gnd  to  furnish  him  with  a  certificate  under  his  hand,  in  his  of-' 
ficial  capacity,  ascertaining  the  number  of  shares  the  debtor 
holds  in  said  corporation,  and"the  amount  of  the  dividend,  if 
any  thereon  due.     [Feb.  28,  1807.] 

Chctp,  111,  An  Act  for  giving  effect  to  the  partition  of  certain  real  estate,  whereof  John  Innis 
Cliuk,  and  Joseph  Nightingale,  were  seized,  at  the  time  of  the  decease  of  the  said 
Nightingale. 

WHE^REAS,  John  Tunis  Clark,  of  Providence,  in  the  coun- 
ty of  Providence,  and  State  of  Rhode-Island  and  Providence 
Plantations,  Esquire,  and  Joseph  Nightingale,  late  of  said  Pro- 
vidence, merchant,  deceased,  at  the  time  of  the  decease  of  the 
said  Nightingale,  were  joint  partners  in  trade,  and  seized  of 
sundry  lands  and  tenements,  and  hereditaments,  situated  in  the 
several  states  of  Rhode-Island,  Massachusetts, Connecticut,  New- 
Hampshire,  New- York,  Vermont,  and  Ohio,  either  jointly,  or 
as  tenants  in  common,  and  one  of  said  partners  was  sole  sei-z- 
ed  in  trust  for  the  use  and  benefit  of  both.  And  whereas,  the 
said  Clark  and  Elizabeth  Nightingale,  widow  of  the  said  Jo- 
seph, and  all  the  children  and  heirs  of  the  said  Joseph,  have 
represented  that  it  is  impracticable  to  make  a  partition  of  said 
estates,  conformable  to  the  laws  of  the  several  states,  upon  the 
particular  parcels  thereof,  within  their  respective  jurisdictions, 
without  great  injury  to  them,  and  that  they  have  made  partition 
of  all  the  estates  holden  as  aforesaid,  in  manner  satisfactory  to 
themselves,  which  partition  is  established  by  an  act  of  the  Le- 
gislature of  the  State  of  Rhode-Island  and  Providence  Planta- 
tions, at  a  session  begun  and  holden  at  Providence,  on  the  last 
Monday  of  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  four,  entitled,  "An  Act  for  the  partition  of 
certain  of  the  real  estate,  whereof  John  Innis  Clark,  and  Jo- 
seph Nightingale  were  possessed,  at  the  time  of  the  decease  of 
said  Nightingale  ;"  in  which  act  the  whole  of  said  estates  are 
described  and  set  forth,  and  all  the  parties  interested  in  said 
partition,  having  petitioned  to  have  the  same  confirmed  within 
this  Commonwealth — 

Sect.  1.  Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives^  in  General  Court  assernbled,  and  by  the  authority 
of  the  same^  That  the  several  parcels  of  land,  and  the  tene- 
ments and  hereditaments,  described  and  set  forth  in  the  afore- 
said act  of  the  State  of  Rhode-Island,  as  lying  within  the  State 
of  Massachusetts,  and  assigned  to  the  said  Clark,  shall  vest  in 
him,  his  heirs  and  assigns,  by  the  tenure  described  in  said  act 
of  partition,  and  in  as  full  a  manner,  as  though  the  same  had 
been  assigned  and  set  to  him  by  the  regular  proceedings  of  any 
Judicial  Court  of  this  Commonwealth. 

Sfxt.  2.     And  be  it  further  enacted.    That  the  several  par- 
cels of  land,  and  the  tenements  and  hereditaments,  in  the  act 


Acts  confirm- 
ed. 


Estates  assign- 
ed to  the  wi- 
dow and  chil- 


1806. Chap.  111—112.  95 

aforesaid,  described  as  being  within  the  Commonwealth  of  dren,  to  vest  in 
Massachusetts,  and  assigned  to  the  said  Elizabeth  Nightin-  them  severally. 
gale,  and  to  the  children  and  heirs  of  the  said  Joseph  Nightin- 
gale, shall  vest  in  them  severally,  by  the  respective  tenures 
described  in  said  act  of  partition,  and  in  as  full  a  manner,  as 
though  the  same  had  been  assigned  and  set  to  them  by  the  re- 
gular proceedings  of  any  Judicial  Court  of  this  Commonwealth. 
jProvided  always^  That  this  act  shall  not  have  force  until  a  copy  Proviso, 
of  the  aforesaid  act  of  the  State  of  Rhode-Island,  duly  authen- 
ticated, and  attested  by  the  Governor  of  said  state,  shall  be 
filed  in  the  office  of  the  Secretary  of  this  Commonwealth,  and 
if  the  States  of  Connecticut,  New-Hampshire,  New-York,  Ver- 
mont, and  Ohio,  shall  not,  within  two  years,  from  the  passing 
of  this  act,  pass  acts  for  the  establishment  of  the  partition  afore- 
said, as  the  same  respects  the  premises,  within  their  respec- 
tive jurisdictions,  the  same  shall  be  null  and  void.  [Feb.  28, 
1807.] 

An  Act  to  inrorporatp  Isaar  Wairen,  and  otheis,  into  a  company,  by  the  name  of  C/lfl/>.  112. 
the  Middlesex  Insurance  Company. 

Sect.  1.  BE  if  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  said  Isaac  Warren,  and  all  such  persons,  citizens  of  ppisons  incor- 
the  United  States,  as  have  already,  or  shall  hereafter  become  iioi^ted. 
stockholders,  in  said  company,  be,  and  are  hereby  incorpo- 
rated into  a  company,  and  body  politic,  by  the  name  of  the 
Middlesex  Insurance  Company,  for  and  during  the  term  of 
twenty-five  years,  after  the  passing  of  this  act;  and  by  that 
name  may  sue  or  be  sued,  p'ead  or  be  impleaded,  appear,  pro- 
secute, and  defend,  to  final  judgment  and  execution  ;  and  have 
a  common  seal,  which  they  may  alter  at  pleasure,  and  may 
purchase,  hold  or  convey,  any  estate,  real  or  personal,  for  the 
use  of  said  company,  subject  to  the  restrictions  hereinafter 
mentioned. 

Sect.  2.  And  be  it  further  enacted,  That  the  capital  stock 
of  said  company  shall  be  divided  into  shares  of  one  hundred 
dollars  each,  which  shall  be  paid  into  the  said  company  in  the 
manner  hereinafter  provided  ;  and  the  whole  number  of  shares, 
shall  be  one  thousand;  and  the  whole  capital  stock,  estate,  and  Capital  limit- 
property,  which  the  said  company  shall  be  authorized  to  hold,  ^d. 
shall  never  exceed  one  hundred  thousand  dollars,  exclusive  of 
premium  notes  and  profits,  arising  from  the  business  of  said 
company,  and  twenty  thousand  dollars,  which  said  company 
are  authorized  to  invest  in  real  estate,  and  not  more  than  thir- 
ty thousand  dollars  of  said  capital  stock,  shall  at  anj^  one  time 
be  invested  in  real  estate. 

Sect.  3.  And  be  it  further  enacted,  That  the  stock,  proper- 
ty, aftairs,  and  concerns  of  said  company,  shall  be  managed 
and  conducted  by  seven  Directors,  one  of  whom  shall  be  Pre-  Directors  to  be 
sident  thereof,  who  shall  hold  their  offices  for  one  year,  and  chos«n. 
until  others  are  chosen,  and  no  longer ;  and  who  shall,  at  the 
time  of  their  elections,  be  stockholders  in  said  company,  and  citi- 
zens of  this  Commonwealth  5  and  shall  be  elected  on  the  first 


96  1866. Chap.  112. 

Monday  in  May,  in  each  and  every  j ear,  at  such  time  of  the  day^ 
and  at  such  place,  in  the  town  of  Charlestown,  as  a  majority 
of  the  directors,  for  the  time  being,  shall  appoini ;  of  which 
election,  notice  shall  be  given,  in  at  least  two  of  the  newspa- 
pers, printed  in  the  town  of  Boston,  and  continued  for  the  space 
of  ten  days,  immediately  preceding  such  election  ;  and  the 
election  shall  be  i)olden  under  the  inspection  of  three  of  the 
stockholders,  not  being  Directors,  to  be  appointed  previous  to 
every  election,  by  the  Directors  ;  and  the  election  shall  be 
made  by  ballot,  by  a  majority  of  the  votes  of  the  stockholders 
present,  allowing  one  vore  to  each  share  in  the  capital  stock. 

l>roviso.  Provided,  That  no  s'ockholder  shall  be  allowed  more  than  ten 

votes  ;  and  the  stockholders,  not  present,  may  vote  by  proxy, 
under  such  regulations  as  the  company  shall  prescribe.  And 
if  through  any  unavoidable  accident,  the  said  Directors  should 
not  be  chosen  on  the  first  Monday  of  May,  as  aforesaid,  it 
shall  be  lawful  to  choose  them  on  any  other  day,  in  the  man- 
ner herein  prescribed. 

Sect.  4.  And  be  it  further  enacted.  That  the  Directors,  when 
chosen,  shall  meet  as  soon  as  mav  be,  after  every  election,  and 
shall  choose,  out  of  their  own  body,  one  person,  to  be  presi- 

President  to  be  dent,  who  shall  be  sworn  faithfully  to  discharge  the  duties  of 
osen.  j^jg  office,  and  who  shall  preside  for  one  year ;  and  in  case  of 

the  death,  resignation,  or  inability  to  serve,  of  the  President,  or 
any  Director,  such  vacancy  or  vacancies,  shall  be  filled,  for 
the  remainder  of  the  year,  in  which  they  happen,  by  a  spe- 
cial election  for  that  purpose,  to  be  held  in  the  same  man- 
ner as  hereinbefore  directed,  respecting  annual  elections  of 
directors. 

Sect.  5.     And  he  it  further  enacted.  That  the  president,  and 

By-laws  to  be    three  of  the  directors,  or  four  of  the  directors,  in  the  absence 

made.  of  the  president,  shall  be  a  board,  competent  for  the  transac- 

tion of  business  ;  and  all  questions  before  them,  shall  be  de- 
cided by  a  majority  of  votes  ;  and  they  shall  have  power  to 
make  and  prescribe  such  by-laws,  rules  and  regulations,  as  to 
them  shall  appear  needful  and  proper,  touching  the  rnanage- 
ment  and  disposition  of  the  stock,  property,  estate  and  efiects 
of  said  company,  and  the  transfer  of  the  shares,  and  touching 
the  duties  and  conduct  of  the  several  officers,  clerks,  and  ser- 
vants, emplo^^ed,  and  the  election  of  directors,  and  all  such 
matters  as  appertain  to  the  business  of  insurance  ;  and  shall 
also  have  power  to  appoint  a  secretary,  and  so  manj'  clerks 
and  servants,  for  carryin;::  on  said  business,  and  with  such 
salaries  and  allowances  to  them,  and  to  the  president,  as  to 

ProTiso,  said    board   shall  seem  meet  :   Provided,  That  such   by-laws, 

rules  and  regulations,  shall  not  be  repugnant  to  the  constitution 
or  laws  of  this  Commonwealth. 

Sect.  6.  And  be  it  further  enacted.  That  there  shall  be 
stated  meetings  of  the  directors,  at  least  once  in  every  month, 

Directorsto       and  as  often  within  every  month,  as  the  president  and  direc- 

^^^^'  tors  shall  deem  proper;  and  the  president,  and  a  commiitee  of 

two  of  the  directors,  to  be  by  him  appointed,  in  rotation,  shall 
assemble  daily,  if  need  be,  for  the  dispatch  of  business.     And 


1806. Chap.   112.  97 

the  said  board  of  directors,  or  the  committee  aforesaid,  at  and 
during  the  ])]casure  of  said  board,  shall  have  power  and  au- 
thority, on  i)ehalf  of  the  company,  to  make  insurances  on  ves- 
sels, freight,  money,  goods,  and  effects,  and  against  captivity 
of  persons,  and  on  the  life  of  any  person,  during  his  absence 
by  sea  ;  and  in  cases  of  money  lent  on  bottomry  and  respon- 
dentia, and  to  fix  the  premiums,  and  terms  of  payments.     And 
all  policies  of  insurance,  by  them  made,  shall  be  subscribed  by  Mannerof 
the  president  ;  or  in  rase  of  his  death,  sickness,  inabilit}',  or  tfansacting 
absence,  by  any  two  of  the  directors,  and  countersigned  by  the  ^°  '"^^' 
secretary,  and  shall  be  binding  and  obligatory  upon  said  com- 
pany, and  have  like  effect  and  force,  as  if  under  the  seal  of 
said  company.     And  all  losses,  duly  arising,  under  any  policy, 
so  subscribed,  may  be  adjusted  and  settled   by  the  president 
and  board  of  directors,  and  shall  be  binding  on  the  company. 

Sect.  7.  Jlnd  be  it  further  enacted,  That  it  shall  be  the  du- 
ly of  the  directors,  on  the  first  Monday  in  May  and  November, 
in  e\ery  year,  to  make  dividends  of  so  much  of  the  interest  Dividends  to  be 
arising  from  the  capital  stock,  and  the  profits  of  said  company,  made. 
as  to  them  siiall  appear  advisable.  But  the  monies  re- 
ceived, and  notes  taken  for  premiums  on  risks,  which  shall  be 
undetermined  and  outstanding,  at  the  time  of  making  such  di- 
vidends, shall  not  be  considered  as  part  of  the  profits  of  the 
company.  And  in  case  of  any  loss  or  losses,  whereby  the 
capital  stock  of  the  company  shall  be  lessened,  before  all  the 
instalments  are  paid  in,  each  proprietor  or  stockholder\^  estate, 
shall  be  held  accountable  for  the  instalments  that  may  remain 
unpaid  on  his  share  or  shares,  at  the  time  of  such  loss  or  losses 
taking  place;  and  no  subsequent  dividend  shall  be  made,  until 
a  sum  arising  from  the  profits  of  the  business  of  the  company, 
equal  to  such  diminution,  shall  have  been  added  to  the  capital ; 
and  that  once  in  every  three  years,  and  oftener,  if  required,  by  Statement  of 
a  majority  of  the  votes  of  the  stockholders,  the  directors  shall  profits, 
lay  before  the  stockholders,  at  a  general  meeting,  an  exact  and 
particular  statement  of  the  profits,  if  any  there  be,  after  deduct- 
ing losses  and  dividends. 

Sect.  8.  Jind  be  it  further  enacted,  That  the  said  compa- 
ny shall  not,  directly  or  indirectly,  deal  or  trade  in  buying  or 
selling  any  goods,  wares,  merchandize,  or  commodities,  what- 
soever; and  the  capital  stock  of  said  company,  after  being  col- 
lected at  each  instalment,  shall,  within  six  months,  be  invested  stock  invested, 
either  in  the  funded  debt  of  the  United  States,  or  of  this  Com- 
monwealth, or  in  tho  stock  of  the  United  Stales  Bank,  or  of  some 
other  incorporated  bank  or  bnnks,  in  this  Commonwealth,  in 
either  or  all  of  them  ;  and  in  such  proportions  as  may  be  most 
for  the  interest  of  said  company,  at  the  discretion  of  the  presi- 
dent and  directors  of  said  company,  or  of  such  other  person  or 
persons,  as  the  said  stockholders  shall,  for  such  purpose,  at 
any  meeting  appoint. 

Sect.  9.     And  be  it  further  enacted^  That  tw^enty  five  dollars  Tristalments  to 
on  each  share  of  said  company,  shall  be  paid  in  money,  within  ^^  mA<ie. 
sixty  days  after  the  first  meeting  of  said  company,  and  the  re- 
maining sum  of  fifty  dollars  on  each  share,  shall  be  paid,  in 

VOL.   IV.  13 


98 


1806. 


Chap.  112—114. 


Directors'  es- 
tates liable. 


Highest  sum 
insuied  to  be 
stated. 


Directors  to  be 
examined. 


Meetings  to  be 
advertised. 


Chap.  114. 


Parish  bounda- 
ries. 


money,  within  one  year  afterwards,  at  such  equal  instalments, 
and  under  such  penalties,  as  the  said  company  shall  direct ; 
and  no  transfer  of  any  share  shall  be  permitted,  or  be  valid, 
until  the  whole  capital  stock  shall  have  been  paid  in. 

Sect.  10.  And  be  it  further  enacted^  That  no  person  heing  a 
director  of  any  other  company,  carrying  on  the  business  of 
marine  insurance,  shall  be  eligible  as  a  director  of  this  com- 
pany, by  this  act  established. 

Sect.  11.  And  be  it  further  enacted,  That  in  case  of  any 
loss  or  losses  taking  place,  that  shall  be  equal  to  the  amount 
of  the  capital  stock  of  said  company,  and  the  president  and 
directors,  after  knowing  of  such  loss  or  losses  taking  place, 
shall  subscribe  to  any  policies  of  insurance,  their  estates,  joint- 
ly and  severally,  shall  be  accountable  for  the  amount  of  any 
and  every  loss  that  shall  lake  place  under  policies  so  sub- 
scribed. 

Sect.  12.  And  be  it  further  enacted,  That  the  president 
of  said  company  shall,  previous  to  their  subscribing  to  any 
policy,  and  once  in  every  year  after,  publish  in  two  of  the 
newspapers,  printed  in  the  town  of  Boston,  the  amount  of 
their  stock,  against  what  j-isks  they  mean  to  insure,  and  the 
largest  sum  they  mean  to  take  on  any  one  risk.  But  in  no 
case  shall  they  be  allowed  to  take  a  greater  sum  than  ten  per 
centum  on  their  capital  stock,  actually  paid  in. 

Sect.  13.  And  be  it  further  enacted,  That  the  president 
and  directors  of  said  company  shall,  when  and  as  often  as  re- 
quired by  the  legislature  of  this  Commonwealth,  lay  before 
them  a  statement  of  the  affairs  of  said  company,  and  submit 
to  an  examination  concerning  the  same,  under  oath. 

Sect.  14.  And  be  it  further  enacted,  I'hat  Isaac  Warren  be 
authorized  to  call  a  meeting  of  the  members  of  said  company, 
as  soon  as  may  be,  in  Charlestown,  by  advertising  the  same 
for  three  weeks  successively,  in  two  of  the  newspapers,  print- 
ed in  Boston,  for  the  purpose  of  electing  a  first  board  of  di- 
rectors, who  shall  continue  in  office  until  the  first  Monday  in 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
eight.     [Feb.  28,  1 807.] 

An  Act  to  divide  the  town  of  Mpthuen,  in  the  County  of  Essex,  into  two  parishes, 
by  a  line,  and  to  incorporate  the  westerly  part  thereof  into  a  distinct  parish,  by 
the  name  of  the  second  parish  in  Methuen. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  town  of  Methuen,  in  the  county  of  Essex,  be, 
and  it  is  hereby  divided  into  two  distinct  parishes,  and  the 
westerly  part  of  said  town  shall  be  hereafter  known  and  de- 
signated by  the  name  of  the  Second  Parish  in  Methuen,  and 
the  following  shall  be  the  dividing  line  between  said  par- 
ishes, viz.  Beginning  at  Andover  Bridge,  so  called,  thence  run- 
ning northeastwardly  on  the  middle  of  the  turnpike  road  in 
said  town,  until  it  comes  to  the  line  of  the  state  of  New  Hamp- 
shire, all  the  inhabitants  of  said  town,  living  on  the  westerly 
side  of  said  line,  be,  and  they  are  hereby  incorporated  into  a 
distinct  parish,  by  the  name  of  the  Second  Parish  in  Methuen, 


1806. Chap.  114.  99 

with  all  tlie  powers,  privileges  and  immunities  to  which  other 
parishes  are  entitled  by  the  constitution  and  laws  of  this  Com- 
monwealth: Provided  nevertheless,  that  the  following  persons 
living  on  the  westerly  side  of  said  line,  viz.  Amos  Barker,  Persons  to  re- 
Joshua  Davis,  Joseph  Morse,  John  Harris,  Silas  Barker,  Jacob  "^^yj"J"  ^'^ 
Sargent,  Stephen  Sargent,  Jonathan  Cluff,  Ebenezer  Hibherd, 
James  Sargent,  Ebenezer  Hibberd,  jun.  James  Ordway,  Dan- 
iel Bartlett,  John  Sargent,  Elijah  Jennings,  Jonathan  Jen- 
nings, Benjamin  Town,  Daniel  Cross,  Amasa  Sargent,  James 
Ordway,  2d,  Daniel  Morse^  Nathan  Town,  Solomon  Jennings, 
Dorcas  Swan,  (with  the  estate  under  her  care  as  guardian  for 
her  children,)  Jacob  Tyler,  and  Noah  Stephens,  with  their 
families  and  estates,  and  such  persons  as  shall  hereafter  pos- 
sess or  live  upon  any  of  said  estates,  (except  it  be  a  person 
who  was  an  established  parishioner  in  the  said  second  parish, 
previous  to  his  possessing  or  living  upon  said  estate)  shall 
still  be  considered  as  parishioners  in  the  first  parish  in  said 
town ;  any  thing  contained  in  this  act  to  the  contrary  not- 
withstanding. Jnd  it  is  further  provided^  that  any  person  or  Proviso, 
persons  that  are  hired  to  work  on  any  of  said  estates,  shall 
be  taxed  to  the  support  of  public  worship,  and  other  parochial 
purposes  in  the  first  parish  in  said  town,  until  he  or  they  shall 
signify  his  or  their  desire  to  join  said  second  parish,  by  giv- 
ing in  his  or  their  names  and  intentions  in  writing,  to  the  clerk 
of  said  town  for  that  purpose. 

Sect.    2.     Be    it  further  enacted,    That  the  inhabitants  of  inhabitants  to 
said   town,  livins:  on   either  side  of  said   dividino;   line,  shall  sigm^  which 

1  1-1  ^         •  •  1  •  r  1^  •  r  parish  tliey 

nave  liberty  at  any  time  within  one  year  irom  the  passmg  oi  will  join, 
this  act,  to  join  which  of  said  parishes  they  shall  sec  fit,  and 
establish  themselves  with  their  polls  and  estates  therein,  by 
certifying  their  intentions  in  writing  to  the  clerk  of  said  town, 
whose  duty  it  shall  be  to  make  a  fair  record  of  the  same,  and 
make  out  attested  copies  thereof,  and  deliver  the  same  to  the  as- 
sessors of  each  of  the  parishes  in  said  town,  whenever  requested 
thereto  by  said  assessors ;  and  any  person  living  in  either  of 
the  parishes  established  as  aforesaid,  who  does  not  see  fit  to 
join  the  other  parish  in  manner  as  aforesaid,  prior  to  the  first 
day  of  May  next,  shall  be  taxed  to  the  support  of  public  wor- 
ship and  other  parochial  purposes  in  the  parish  in  which  he 
resides  for  the  year  then  next  following. 

Sect.  3.     And  be  it  further  enacted.  That  the  said  first  par-  Taxes  due  to 
ish  shall  have  all  the   powder  and   authority  to  collect   all   the  ^l^^^l'^ '°  *"' 
taxes  legally  assessed  before  the  passing  this  act,  upon   any  of 
the  inhabitants  living  on  the  westerly  side  of  said  dividing  line, 
the  same  as  though  this  act  had  never  been  passed. 

Sect.  4.  And  be  it  further  enacted,  That  the  separate  pa- 
ish  in  said  town  of  Methuen,  which  by  this  act  is  dissolved, 
shall  have  full  power  and  authority  to  collect  all  taxes  for  the 
support  of  public  w^orship  and  other  parochial  purposes,  le- 
gally assessed  before  the  passing  of  this  act,  and  to  settle  all 
accounts  as  though  this  act  had  never  been  passed. 

Sect.  5.     And   be  it  further  enacted,  That  every  person  liv- 


100 


1806. 


Chap,  j  14— 117. 


Taxes  to  be 
paid  in  the 
parish  where 
the   inhabitant 
belongs. 


Choice  of  offi- 
cers. 


Acts  repealed. 


Chap.  117. 


Fish  commit- 
tees to  be  cho- 
sen. 


To  meet  annu- 
ally. 


Advantages 
arising  from 
choosing. 

Disadvantages 
in  case  of  neg- 
lect. 


ing  in  said  town  shall  hereafter  be  taxed  to  the  support  of  pub- 
lic worship  and  other  parochial  purposes,  in  the  parish  where 
he  belongs,  for  all  the  estate  which  he  owns  in  said  town,  in 
whatever  part  of  said  town  the  same  may  be  situated. 
-  Sect.  6.  jind  be  it  further  enacted,  That  any  justice  of  the 
peace  for  said  county  of  Essex,  be,  and  is  hereby  authorized 
upon  application  made  in  writing  by  any  five  of  the  members  of 
said  second  parish,  to  issue  his  warrant  directed  to  any  mem- 
ber of  said  second  parish,  requiring  him  to  notify  and  warn 
all  the  inhabit  ints  of  said  second  parish,  duly  qualified  to  vote 
in  parish  affairs,  to  meet  at  such  time  and  place  as  the  said 
justice  in  his  said  warrant  shall  direct,  to  choose  such  officers  as 
parishes  are  by  law  required  and  empowered  to  choose,  in 
the  months  of  March  and  April,  annually,  and  transact  such 
other  business  as  may  be  found  necessary  to  be  done  at  said 
first  meeting. 

Sect.  7.  And  he  it  further  enacted.  That  an  act,  entitled 
an  act,  for  setting  off"  a  number  of  inhabitants  of  the  town  of 
Methuen,  in  the  county  of  Essex,  into  a  separate  parish,  pas- 
sed in  the  year  of  our  Lord,  seventeen  hundred  and  seventy- 
nine  together  with  three  subsequent  acts  relating  to  the  same, 
be,  and  the  same  are  hereby  repealed.     [Feb.  28,  1807.] 

An  Act  for  the  preservation  of  the  fish,  called  Alewives,  in  their  passage  up  tlie 
rivers  and  streams,  leading  through  the  towns  of  Silem  and  Danvers,  in  the 
county  of  Essex,  and  for  regulating  the  taliing  srad  fi-b  in  said  streams,  and  for 
repealing  all  laws  heretofore  patsed,  (or  regulating  the  fishery  in  said  rivers  and 
streams. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives,in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  towns  of  Salem  and  Danvers,  shall  be,  and  they  are 
hereby  respectively  empowered  and  directed,  at  their  annual 
town  meetings,  to  choose  by  ballot,  a  number,  not  exceeding 
five  persons  in  each  town,  as  a  fish  committee,  whose  duty  it 
shall  be  to  see  that  the  laws  respecting  the  passage-ways  for 
said  fish  be  duly  observed  ;  and  each  person  so  chosen,  shall 
lake  an  oath  for  the  faithful  discharge  of  the  duties  required  of 
him  by  law  ;  and  the  committees  from  each  of  said  towns,  shall 
meet  together  annually,  on  or  before  the  first  day  of  April,  as 
the  person  first  chosen  by  the  town  of  Salem  shall  appoint,  to 
be  by  him  duly  notified  ;  and  the  major  part  of  the  committees 
present  at  such  meetings,  are  hereby  authorized  and  empower- 
ed to  order  the  times,  not  exceeding  three  days  in  any  one 
week,  and  the  places  where,  and  the  manner  in  which  said  fish 
may  be  taken,  within  the  limits  of  cither  of  the  said  towns. 
And  the  members  of  the  committees  aforesaid,  shall  have  joint 
and  concurrent  jurisdiction,  in  either  of  the  said  towns  ;  and  the 
said  committees,  or  either  of  them,  or  the  members  of  either  of 
them,  shall  have  full  power  to  act  as  such,  in  either  of  said 
towns.  And  in  case  either  of  said  towns  shall  neglect  to  choose 
such  committee,  the  town  not  neglecting,  shall  have  all  the  emo- 
luments arising  from  the  fishery,  hereafter  mentioned.  And 
the  said  committees,  or  either  of  them,  on  neglect,  as  aforesaid, 
shall  have  ])ower  to  cause  the  whole   natural  course  of  the 


1806. Chap.  117.  101 

streams,  through  which  said  fish  pass,  in  both  the  said  towns, 
to  be  kept  oj.'en,  and  without  obstruction,  to  remove  such  as 
may  be  tound  (herein,  to  Oiake  the  passage-ways  of  such  streams 
wider  or  deeper,  if  they  maj'  deem  it  necessary.  And  the  said 
committees,  or  either  of  tliem,  or  any  member  thereof,  shall 
have  authority  to  go  on  the  land  of  any  person,  through  which 
such  river  or  stream  runs,  or  on  which  such  land  may  be  bound- 
ed, for  tlie  purpose  aforesaiil,  without  being  considered  as  tres- 
passers ;  and  any  person  who  shall  molest  or  hinder  the  said 
committees,  or  either  of  the  members  thereof,  in  the  business 
and  execution  of  their  office,  or  shall  obstruct  any  passage-way 
in  such  river  or  stream,  otherwise  than  may  be  allowed  by  such 
committee  or  committees,  he  or  she  shall  forfeit  and  pay  a  sum 
not  exceeding  fifty  dollars,  nor  less  than  five  dollars. 

Sect.  2.  Be  it  further  enacted,  That  the  said   committees,  or 
the  major  part  of  them  present,  at  any  meeting  duly  notified, 
being  not  less   than   three   in   number,  shall  be,  and   they   are 
hereby  authorized  and  empowered  to  open  any  dam  or  sluice-  Damato  be 
head  of  any  mill  erected,  or  that  may   be  erected,  on  or  over  °P^"^°- 
any  such  river  or  stream,  at  the  expense  of  the  owner  or  own- 
ers of  such  dam,  or  sluice,  if  such  owner  or  owners  shall  neglect 
to  open  the  same,  when  thereto  required  by  said  committees,  or 
the    major  part  of  them,  as  aforesaid  ;  and  the  dam  or  sluice 
so  opened,   shall  continue  open,  such  depth  and  width  as   the 
said  committees,  or  the  major  part  of  them   shall  order,  from 
the  tenth  day  of  April,  to  the  last  day  of  May,  in  every  year  ; 
and  the  said  committees  may  (when  they  shall  deeui  it   neces- 
sary)  order  the  passage-ways  open  at   an  earlier   period,  not 
prior  to  the  first  day  of  April.     And  in  case  any  person  or  per-  penalty  forob- 
sons  shall  obstruct  the  passage-way  allowed  or  ordered  by  said  stmcting  pas- 
committees,  or  the  major  part  of  them,  in  any  dam  or  sluice,  sage-ways, 
each  person  so  offending,  shall  forfeit   and  pay  a  sum  not  ex- 
ceeding fifty  dollars,  nor  less  tha-i  fen  dollars. 

Sect.  3.  Be  it  further  enacted,  Th;it  ib.e  owner  or  owners  of  Owners  of  tide- 
any  tide-mills  erected,  or  that  may  be  hereafter  erected,  sh-dl  miiis  to  make 
(in  addition  to  the  regulations  before  };resciibed  for  mi; '-dams) 
keep  a  sluice-gate  hoisted,  or  passage-way  open,  of  three  feet 
in  width,  and  two  feet  high,  three  hours  before  high  water,  ar-d 
to  continue  open  such  width  and  depth,  until  high  water,  and 
the  bottom  of  such  passage-way  so  opened,  shall  be  as  low  as 
the  said  committees  shall  direct,  on  penalty  of  fcrt'eiting  for 
each  tide,  when  such  sluice-gate  is  not  hoisted,  or  said  passage- 
way so  opened,  a  sum  not  exceeding  twenty  dollars,  nor  less 
than  five  dollars. 

Sect.  4.  Be  it  further  enacted.  That  the  committee,   appoint- 
ed as  aforesaid,  are  hereby  authorized  and  ernpowered  to  lease 
or   sell   at  public  vendue,  or  otherwise,  the  privilege  of  taking  kiTr'fis^h^to^'be 
and  disposing  of  said  fish,  when  they  shall  deem  it  expedient ;  leased  at  auc- 
and  the  person  or  persons  purchasing  the  said   privilege,  shall  ^'°"- 
pay  one  moiety  thereof  to  the  treasurer  of  the  town  of  Salem, 
and  the  other  moiety  thereof  to  the  ti-easurer  of  the  town   of 
Danvers,  on  or  before  the  last  day  of  September,  annually,  un- 
der the  penalty  of  paying  one  hundred  dollars  for  the  use  of 


102  1806. Chap.  117. 

the  said  towns  ;  and  no  person  hiring  or  purchasing  said  privi- 
Price  offish  lege,  shall  demand  of  any  person  more  than  at  the  rate  of  thir- 
hmited.  ty  cents  for  each  hundred  of  said  fish  thus  sold,  on  penalty  of 

paying  five  dollars  for  each  offence ;  and  any  person  or  per- 
sons, taking  any  of  said  fish,  not  being  authorized  by  the  said 
fish  cominittee,  shall  pay  a  fine  of  not  more  than  ten  dollars, 
nor  less  than  one  dollar. 

Sect.  5.  Be  it  further  enacted,  That  when  the  committees 
aforesaid,  or  either  of  them,  or  any  member  thereof,  shall  de- 
tect any  person  or  persons,  not  authorized  by  said  committee, 
in  attempting  to  take  any  of  said  fish,  and  shall  find  such  fish 
with  such  person  or  persons,  they  shall  be  doomed  to  have  ta- 
Penaity  for  ta-  ]^pjj  ^^[^j^  ggj^   ^^^  \^q  subiect  to  the  penalties  of  this  art  accor- 

kiiig  fish   with-     T       ,  i'  ^  •'  ,  I  •  r  1   •  1      • 

out  authority,  dmgly  ;  and  any  net  or  other  machuie,  lound  in  any  such  river 
or  stream,  for  the  purpose  of  taking  said  fish,  (not  authorized 
by  the  said  committees)  shall  be  forfeited  ;  and  no  person,  by 
reason  of  his  being  one  of  cither  of  the  committees  aforesaid, 
shall  thereby  be  disqualified  from  being  a  witness  in  any  pro- 
secution, for  a  breach  of  this  act. 

Sect.  6.  Be  it  further  enacted.  That  any  Justice  of  the  Peace 
be"commenced  ^"  either  of  the  Said  towns  of  Salem  and   Danvers,   may   hear 
before  any  jus-  and  determine  any  complaint  under  this  act,  to  the  amount  of 
tice  in  Salem     thirteen  dollars   and  thirty-three  cents,  his  being  an  inhabitant 
of  the  said  town,  notwithstanding;  and  in   case  any   minor  or 
minors  shall  offend  against  any  part  of  this  act,  and  thereby  in- 
cur any  or  either  of  the  penalties  aforesaid,    in  all  such  cases, 
the  parent,  master,  or  guardian,  of  such  minor  or  minors,  shall 
be  answerable  therefor  ;  and  in  case  of  a  prosecution  of  such 
minor  or   minors,  the  action  shall   be  commenced   against  the 
parent,  master,   or  guardian  of  such  minor  or  minors,  respec- 
tively, and  judgment  rendered  accordingly. 

Sect.  7.  Be  it  further  enacted,  That  all   sums  recovered,  as 
Sums  recovered  forfeited  by  this  act,  shall  be  appropriated,  one  moiety  thereof 
o   e   m  e  .     ^^  ^j^^  prosecutors,  and   the  other  moiety  equally  divided   be- 
tween the  said  towns  of  Salem  and  Danvers. 

Sect.  8.  And  be  it  further  enacted,  That  all   laws   heretofore 
Repeal.  passed,  concerning  the  fishery  in  the  rivers  and  streams  afore- 

said, be,  and  the  same  are  hereby  repealed,  excepting  so  far  as 
may  relate  to  any  forfeitures  or  penalties,  incurred  for  the 
breach  of  those  laws.  [Feb.  28,  1807.]  Further  act — 1814 
ch.  129. 

i^hap,  2.  An  Act  id  incorporate  the  District  of  Plainfield,  in  the  county  of  Hampshire,  into 

1784  ch.  70.  a  town  by  the  name  of  Plainfield. 

(,  .   .  p.  9o.)  ^£1  ^-^  enacted  by  the  Senate  and  House   of  Representatives,  in 

General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  District  of  Plainfield,  in  the  county  of  Hampshire,  with  the 
inhabitants  thereon,  be,  and  they  are  hereby  incorporated  into 
a  town  by  the  name  of  Plainfield,  and  the  said  town  is  hereby 
vested  with  all  the  powers,  privileges,  and  immunities,  which 
other  towns  do,  or  may  enjoy,  by  the  Constitution  and  Laws 
of  this  Conimon wealth.     [June  15,  1007.] 


1807. Chap.  4—7.  103 

Aa  Act  to  authorize  Joseph   RusspU   to  huiM  a  Bridge  from  Belle  Isle,  formerly  Cfi^p,  4, 
called  Hog  Island,  within  the  Hurbour  of  Boston,   over  a  Salt  Creek,  or  water  ^ 

passage,  between  said  Island  and  the  Town  of  Chelsea. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Joseph  Russell  be,  and  he  is  hereby  authorized  to  build  Joseph  Russell 
a  Bridge  from    Belle  Isle,  otherwise  called   Hog  Island,  in  the  ^""^^""^^  •. 
harbour  of  Boston,  to  the  town  of  Chelsea  ;   Provided  however,  Pioviso. 
That  the  said  bridge  shall  always  be  free,  and  that  no  toll  shall 
ever  be  demanded  of  any  person  for  passing  the  same. 

Sect.  2.  ^nd  be  it  further  cnartid,  by  the  authority  aforesaid, 
That  the  legislature  shall,  at  any  fuiure  period,  have  the  right 
to  alter  or  amend  this  Act,  by  rendering  the  waters  passable 
for  such  vessels  as  may  navigate  there,  whenever  the  General 
Court  may  think  such  alteration  necessary  or  convenient  for 
the  public.     [June  19,  1807.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  Royal  Makepeace  Chap,  5, 
and  others,  into  a  society  for  the  pu'pose  of  building  a  Meeting  House,  and  sup-  jggs  rh.  25 
poiting  public  worsiiip  therein,  in  the  easterly  part  of  Cambridge.  /y_  3^  p_  gng  "v 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in   General   Court   assembled,  and  by  the  authority  of  the 
same,  That  Royal  Makepeace,  Jonathan  L.  Austin,  and  Rufus  Persons  autho- 
Davenport,  or  any  two  of  them,  be,  and  they  hereby  are  au-  "zed  to  call  a 
thorized   to  call  a  meeting  of  said   society  for  the   purpose  of         "^" 
choosing  such  officers  as  they  are  by  law  entitled  to  elect,  by 
giving  notice  of  the  lime  and  place  of  holding  said  meeting  in 
two  newspapers,   printed    in  Boston,  four  days  at  least  before 
the  time  assigned  for  hnlding  such  meeting. 

Sect.  2.  And  be  it  further  enacted.  That  at  the  said  meeting,  — To  disposie 
or  at  any  other  meeting  legally  notified  and  holdcn  for  such  of  pews, 
purpose,  the  said  society  may  ap})oint  a  committee  to  sell  and 
convey  by  deed,  any,  or  all  the  pews  now  belonging  to  the 
corporation,  in  such  manner  and  on  such  terms  as  they  may 
direct,  and  also  to  pass  all  such  by-laws  for  the  regulation  of 
their  affairs,  as  may  not  be  repugnant  to  the  constitution  and 
laws  of  this  Commonwealth.  [June  19,  1807.]  See  act — 1807 
ch.  73. 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act,  in  addition  to  an  Act,  entitled,   ChttDt  6 
An  Act  to  establish  a  corpofation,  by  the  name  of  The  Belchertown  and  Green-  ton^    u    rn 
wich  Turnpike  Corporation."  CV    *?     '    4^  '^ 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  I804ch.  100. 
General  Court  assembled,  and  by  the  authority  of  the  same.  That  ^^■•^'  P*  ^^^•' 
a  further  time,  until  the  first  day  of  November  next,  be  allowed 
to  said  corporation  for  completing  their  said  turnpike  road; 
continuing  to  the  same  corporation  all  the  rights,  powers  and 
privileges  ;  and  enjoining  on  them  all  the  duties  contained  in 
the  Act  to  which  this  is  an  addition.  [June  19,  1807.]  Fur- 
ther add.  act — 1807  ch.  114. 

An  Act  in  addition  to  an  Act.  entitled,  "An  Act  to  establish  The  Petersham  and  Chap,  7. 
Monson  Tun'pike  Corporation,"  passed  February  29,  A.D.  18(i4.  18(i3  ch.  95. 

BE  it  enactr.d  by  the  Senate  and  House  of  Representatives,  in  ^^'  ^'  ^'  ^^''^ 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
a  further  time  of  one  year  from  and  after  the  passing  of  this 


104 


1807. 


Chap.  7—9. 


Chap.  8. 

1803  ch.  130. 
(V.  3.   p.  393v) 
1805  ch.  25. 
(V.  3.  p.  621.) 

Half  loll  gates 
to  be  erected. 


Proviso. 


Chap.  9. 


Persons  incor- 
porated. 


Act,  be  allowed  to  said  turnpike  corporation  for  completing 
said  road;  and  for  this  purpose,  the  said  corporation  shall  have 
all  the  powers,  rights  and  privileges,  and  be  suhject  to  all  the 
duties,  requirements,  and  penalties,  contained  in  the  Act  afore- 
said.    [Jime  19,  1807.]     Further  add.  act — 1807  ch.  51. 

An  Act  in  addition  to  an  Act,  entitled,   "  An  Act  to  establish  The  Bluehill  Turn- 
pike Corpoiation."' 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  said  corporation  be,  and  hereby  are  authorized  in  lieu  of 
the  whole  toll  gate  now  erected  on  said  turnpike  road,  to  erect 
two  half  toll  gates  on  said  road,  and  to  demand  and  recei\e  at 
each  of  them,  half  the  rates  of  toll  that  they  are  now  authoriz- 
ed to  receive  at  the  one  whole  toll  gate,  already  erected  on 
said  road,  one  of  said  half  toll  gates  to  be  erected  on  said  road 
between  Elbowhill  (so  calted)  and  the  old  road  leading  by  the 
house  of  Nathaniel  Tucker,  in  Milton,  the  other  half  loll  gate 
to  be  erected  on  said  road,  between  the  house  of  Elijah  Vose, 
in  Milton,  and  the  old  road  leading  from  Noah  Reed's,  to 
Quincy;  Provided  nevertheless.  That  if  said  corporation  shall  at 
any  time  make  an  agreement  with  such  person  or  persons  as 
usually  travel  over  only  the  north  end  of  said  road,  respecting 
their  toll,  then  said  corporation  may  unite  said  two  half  toil 
gates  into  one  whole  toll  gate,  to  be  erected  on  said  road,  be- 
tween said  Elbowhill,  (so  called)  and  the  house  of  Nathaniel 
Tucker  aforesaid,  and  to  demand  and  receive  the  same  rates 
of  toll,  that  they  now  receive  at  the  gate  already  on  said  ro.jd  : 
Provided  also.  That  neither  of  said  gates,  shall  at  any  time  be 
erected  on  any  part  of  said  road  that  is  built  on  an  old  road. 
[June  19,  1807.] 

An  Act  to  establish  The  Bethlehem  and  Tyringham  Turnpike  Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same.  That 
Benjamin  Baldwin,  Elijah  Benton,  Andonijah  Bidwell,  Josiah 
Brewer,  Josiah  Brewer,  jun.  John  Brewer,  Joseph  Brewer,  jun. 
Jones  Brewer,  John  Garfield,  Giles  Jackson,  Adonijah  Jones, 
Orange  Judd,  Robert  Kilburn,  Jahez  Kingsberry,  Abner  Mor- 
ley,  Eleazer  Rockwell,  Stephen  Sibley,  John  Sweet,  Reuben 
Webb  and  Josiah  Webb,  together  with  such  others  as  have  as- 
sociated or  may  hereafter  associate  with  them  and  their  suc- 
cessors and  assigns,  be,  and  they  are  hereby  made  a  corpora- 
lion,  by  the  name  of  the  Bethlehem  and  Tyringham  Turnpike 
Corporation,  for  the  purpose  of  laying  out  and  making  a  turn- 
pike road  from  the  Tenth  Massachusetts  Turnpike  in  Bethle- 
hem, near  the  bridge  north  of  the  dwelling-house  of  Samuel 
Byington,  and  thence  westerly  in  the  most  direct  and  practica- 
ble line,  to  near  the  dwelling-house  of  Elijah  Ben'on,  thence  in 
the  best  direction  to  the  dwelling-house  of  Jonah  Webb,  thence 
in  the  best  direction  to  the  south  side  of  the  dwelling-house  of 
John  Sweet,  thence  to  and  in  front  of  the  dwelling-houses  of 
Josiah  Brewer  and  Giles  Jackson,  in  Tyringham,  thence  in  the 
most  direct  and  practicable  line  to  the  south  side  of  the  dwell- 


1807. — ^  Chap.  9— 12.  ,  105 

"ihg-house  of  John  Garfield,  and  between  the  dwelling-house 
and  store  of  David  Wihnot,  thence  near  the  dwelling-house  of 
Jacob  Mills,  thence  to   and   between  the  dwelling-house  and 
barn  of  Seih   Morse,  in  Great  Barrington,  thence  to  the  store 
occupied  by  Bacon   and   Rogers,  to  the  county  road  leading 
from  Stockbridge   to  said  Great   Barrington  •,  and  for  this  pur- 
pose shall  have  all  the  powers  and  privileges,  and  shall  also  J^J"^^'' Pj^^L 
be  subject  to  all  the  duties,  requirements,  and  penalties,  pre- 
scribed  and  contained  in   an  Act,  entitled,    "  An  Act  defining  i804  ch.  i25. 
the  general  powers  and  duties  of  turnpike  corporations,"  pass- 
ed the  sixteenth  d;iy  of  March,  in  the  year  of  our  Lord  one  ^ 
thousand  eight  hundred  and  five.     [June  19,  1807.] 

An  Act  to  establish  a  corporation^   by  the  name  of  The  Westford  and  Lexington  Chap*  10» 
Turnpike  Corporation. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tafives,  in  General  Court  assembled^  and  by  the  authority  of  the 
same.  That  Jonathan  Heald,  William  Meriara,  John  Meriam,  p^^gp^g  j^p^j 
Abel  Abbot,  Isaiah  Green,  Nathan  Hayward,  Timothy  Jones^  poiated. 
and  Oliver  Read,  jun.  together  with  such  others  as  have  asso- 
ciated or  may  hereafter  associate  with  them,  their  successors 
and  assigns,  be,  and  they  hereby  are  made  a  corporation,  by 
the  name  of  the  Westford  and  Lexington  Turnpike  Corpora- 
tion, for  the  purpose  of  laying  out  and  making  a  turnpike  road 
from  a  stone  bridge,  near  the  house  of  John  Raymond,  in  the 
southerly  part  of  the  town  of  Westford,  to  the  meeting-house 
in  Lexington  ;  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  i8fl4ch.  125. 
the  general  powers  and  duties  of  turnpike  corporations,"  pass- 
ed the  sixteenth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  five. 

Sect.  2.     Be  it  further  enacted,  That  the  said   corporation  corporation 
shall  be  authorized  to  erect  on  said  road,  one  gate,  and  at  the  empowered, 
same  shall  be  entitled   to  demand   and  receive   like  rates  of 
toll,   as   are  established  in   the  aforesaid  Act ;  any  law  to  the 
contrary  notwithstanding.     [June  19,  1807.] 

An  Act  to  establish  The  Mashapog  Turnpike  Corporation.  Chop*  12. 

BE  it  enacted  by  the  Senate   and  House   of  Representatives,  in 
General  Cmirt  assembled,  and  by  the  authority  of  the  same,  That  .   / 

Daniel  Parker,  George  Gilbert,  Thomas  Danforth.  Daniel  co°pomtedV 
Smith,  Mason  Cobb,  John  Morse,  Lewis  Morse,  and  Benjamin 
Richards,  jun.  together  with  such  others  as  already  have  asso- 
ciated, or  may  hereafter  associate  with  them,  their  successors 
and  assigns,  be,  and  they  are  hereby  mnde  a  corporation,  by 
the  name  of  the  M:ishapog  Turnpike  Corporation,  for  the  pur- 
pose of  locating,  making  and  keeping  in  good  repair,  a  turn- 
pike road,  from  Norton  meeting-house,  in  the  county  of 
Bristol,  to  the  third  school  house,  (so  called)  in  the  town 
of  Canton,  in  the  county  of  Norfolk,  on  the  most  direct  and 
convenient  roure  ;  and  for  this  purpose,  shall  have  all  the 
powers  and  privileges,  and  shall  be  subject  to  all  the  duties, 
requirements,  and  penalties,  prescribed  and  contained  in  an 

VOL.  ir.  14 


106 


1807. 


Chap.  12—14. 


1804  ch.  125. 

Chap.  AS. 

Preamble. 


Persons  incor 
poiated. 


Draw. 


Corporation 
•mpowered. 


Chap.  14. 


Religious  so- 
ciety incorpo- 
rated. 


Act,  entitled,  "  An  Act  defining  the  general  powers  and  dutie* 
of  Turnpike  Corporations,"  passed  the  sixteenth  day  of  Marchj 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  five. 
[June  19,  1807.] 

An  Act  to  incorporate  Joseph  IVewell,  Ebenezer  Niles,  Abner  Gardmr  and  others, 
for  the  purpose  of  building  a  Bridge  across  Mill  Creek. 

WHEREAS  application  hath  been  made  to  this  court,  for 
permission  to  build  a  bridge  over  Mill  Creek  (a  branch  of  Ne- 
ponset  River)  in  the  town  of  Dorchester,  in  the  county  of  Nor- 
folk, and  it  appearing  that  a  bridge  over  said  Mill  Creek  will 
be  of  public  utility  : 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Joseph  Newell,  Ebenezer  Niles,  and  Abner  Gard- 
ner, together  with  their  associates,  successors,  and  assigns,  be, 
and  they  hereby  are  made  and  constituted  a  corporation  and 
body  politic,  by  the  name  of  the  Proprietors  of  Commercial 
Point  Bridge  Corporation  ;  and  they  hereby  are  made  capable 
of  suing,  and  being  sued,  and  are  and  sh'^U  be  entitled  to  all 
the  privileges,  and  subjected  to  all  the  penalties  of  bodies  cor- 
porate, for  the  purposes  of  building  a  bridge  over  said  Mill 
Creek,  from  Leed's  Neck,  so  called,  to  Barque  Warwick  Street, 
so  called. 

Sect.  2.  Be  it  further  enacted,  That  said  bridge  shall  be 
constructed  with  a  draw,  eighteen  feet  in  width,  so  that  vessels 
of  the  largest  size  the  water  will  admit,  can  conveniently  pass 
through  the  same. 

Sect.  3.  Be  it  further  enacted.  That  the  said  Joseph  Newell, 
Ebenezer  Niles,  Abner  Gardner,  and  their  associates,  succes- 
sors and  assigns,  are  hereby  authorized  and  empowered  to 
make  by-laws,  for  regulating,  managing  and  governing  the  con- 
cerns of  said  corporation,  and  to  make  and  use  a  common  seal, 
and  the  same  to  alter  and  renew  at  their  pleasure. 

Sect.  4.  Be  it  further  enacted.  That  within  three  years  from 
the  passing  of  this  Act,  said  bridge  shall  be  built,  made  conve- 
nient and  safe,  and  at  all  times  free  of  toll,  and  passable,  for 
the  accommodation  of  travellers. 

Sect.  5.  Be  it  further  enacted.  That  the  legislature  of  this 
Commonwealth  shall,  at  all  times  hereafter,  have  the  right  to 
repeal  any  part  of  this  Act,  or  to  alter  and  amend  it,  so  as  to 
facilhate  the  passing  up  and  down  the  said  Mill  Creek.  [June 
19,  1807.]     Add.  act— 1808  ch.  17. 

An  Act  to  incorporate  a  number  of  the  inhabitants  of  the  Town  of  Doirhester,  in 
the  county  of  Norfolk,  into  a  Pteligious  Societj',  by  the  name  of  The  Second 
Parish  in  Dorchester. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
That  James  Baker,  Samuel  Withington,  Joseph  Clnp.  Ebenezer 
Withington,  Samuel  Temple,  Stephen  Badlam,  Edmund  B^ker, 
Samuel  Richards,  John  Pres'on,  Isaac  Howe,  jun.  Joseph  CI 'p, 
jun.  Ebenezer  Davenport,  Atherton  Tucker,  John  Hawes,  Ste- 
phen Pierce,  John  Capen,  jun.  Nathaniel  Swift.  Joseph  Tolman, 
Isaac  Withington,  Joseph  Arnold,  Robert  P.  Tolman,  Edward 


1807. Chap.  14.  IC7 

Wifhington,  Harry  Smith,  Samuel  Capen,  jun.  AV)el  Wheelock, 
John  Capen,  3d.  Thomas  Crehore,  James  Robinson,  Stephen 
Robinson,  William  Walker,  Spencer  Walker,  William  Walker, 
jun.  Joshua  Glover,  Charles  P.  L.  Peircivall,  Richard  Trow, 
Edward  Haynes,  William  Cox,  Isaac  Crane,  Benjamin  Sim- 
mons, Lemuel  Shepherd,  Benjamin  Burrill,  Henry  K.  Bailey, 
Ezra  Badlam,  John  Bussey,  Mary  Davenport,  Samuel  Leeds, 
jun.  Mary  lne;ersol,  Samuel  K.  Spurr,  Abigail  Leeds,  John 
Nightingale,  Ezekiel  Holden,  Euclid  Tileston,  Patience  Bad- 
Ifim,  Benjamin  D.  Tolman.  Joseph  Thompson,  Samuel  Williams, 
Cyrus  Brewer,  Silas  Eaton,  William  N.  Baker,  John  Barton, 
Thomas  Briggs,  Jonathan  Pierce,  Alexander  Pierce,  Samuel 
Bridge,  Luther  Smith,  Anna  Blake,  Benjamin  Pierce,  William 
Turner,  Joseph  Spear,  Marvel  Thayer,  Thomas  Tolman,  Le- 
muel Pratt,  Daniel  Tower,  Absolom  Herring,  Samuel  Franklin, 
James  Kilton,  Nathaniel  Newman,  Reuben  Blake,  Griffin  Child, 
William  Fox,  John  Capen,  7th.  Daniel  Leeds,  William  Hum- 
phrey, Joshua  Pierce,  Thomas  Bussey,  Barnabas  Lothrop, 
Daniel  Wheelock,  David  Johnson,  Eleazer  Bispham,  Phinehas 
H.  Mosley,  Thomas  Danforth,  jun.  Edward  Capen,  Edward 
Sharp,  Jeduthan  Onthank,  Thaddeus  Stetson,  William  Dorr, 
Grizel  Dolbeare,  Relief  Vincent,  Elizabeth  Tolman,  Oliver 
Jordan,  David  Spear,  Elizabeth  Robinson,  Samuel  Withington, 
jun.  Ellis  Thayer,  George  Baker,  Thomas  Jones.  Henry  Cox, 
Ezekiel  Tileston,  James  Tolman,  Luke  Trott,  Edmund  Tiles- 
ton,  Mark  Hollingsworth,  Deborah  Trescott,  William  Trescott, 
John  Capen,  Joshua  Jones,  Simeon  Howe,  Josiah  Randall, 
Spencer  Coding,  Edward  Simmons,  Bethuel  Allen,  Sarah  Hen- 
ly,  William  Henly,  Jonas  Johnson,  Ebenezer  Capen,  Lewis 
Leash,  Isaac  N.  Field,  James  M'Intosh,  Samuel  B.  Pierce,  John 
Mellish,  Ebenezer  V.  Lyon,  Lemuel  Withington,  Abraham 
Pierce,  Zenas  Eaton,  Samuel  B.  Lyon,  John  Baker,  Mary 
Jones,  John  Capen,  4(h,  Thomas  Lyon.  Jane  Baker,  William 
Tolman,  Elizabeth  Williams,  Mary  Robinson,  Jane  Withing- 
ton, Daniel  Withington,  Ebenezer  D.  Tileston,  Abraham  Whee- 
ler, Jonathan  Pierce,  jun.  Ebenezer  Clap,  Samuel  Leeds,  3d, 
Joseph  Foster,  Samuel  Leeds,  Samuel  Topliff,  jun.  Thomas 
Tileston,  Sarah  Soren,  John  Johnston,  William  Bridges,  Abigail 
M.  Daniels,  Abigail  Baker,  Elizabeth  Janes,  Benjamin  Hitch- 
born,  John  White,  jun.  Clarisaa  Kent,  Mary  Fowler,  Elizabeth 
Tileston,  the  petitioners,  with  such  other  inhabitants  of  said 
town  of  Dorchester,  as  shall  desire  to  unite  with  them,  and  sig- 
nify the  same  to  the  clerk  of  said  town,  at  any  time  previous 
to  the  first  day  of  May  next,  be,  and  hereby  are  incorporated 
into  a  religious  society,  by  the  name  of  the  Second  Parish  irt 
Dorchester ;  with  all  the  privileges,  powers,  and  immunities, 
to  which  other  religious  societies  in  this  Commonwealth  are 
entitled  by  law. 

Sect.  2.  Be  it  further  enacted^  That  the  polls  and  estates  of  Taxable, 
all  such  persons  who  become  members  of  said  second  parish, 
and  what  they  shall  respectively  hold,  or  occupy,  on   the  first 
day  of  May  annually,  in  said  town,  shall  be  taxable  in  said 
second  parish,  and  in  that  only,  for  parochial  purposes. 


108 


1807. 


Chap.  14. 


"Members  at 
liberty  to 
change 
parishes. 


Proviso. 


Description  of 
persons  who 
may  join. 


Income  and 
property  to  be 
divided. 


STon-resident 
estates, 


Parish  to  draw 
from  the  Trea- 
sury for  a  time. 


Proprietors  au- 
thorized to 
ciDDvey. 


Sect.  3.  Be  it  further  enacted,  That  any  of  the  members 
belonging  to  the  first  parish,  in  said  Dorchester,  or  that  may 
hereafter  belong  to  said  second  parish,  desiring  to  change 
their  relation  from  one  parish  to  the  other,  shall  have  full  right 
and  liberty  so  to  do,  with  their  polls  and  estates,  at  any  time 
within  one  year  from  the  passing  of  this  act  of  incor[)0ration 
of  said  second  parish :  Provided,  they  shall  signify  the  same 
in  writing,  to  the  Clerk  of  said  town  of  Dorchester,  and  Clerk 
of  said  second  parish ;  and  they  shall  be  recorded  by  said 
Clerks  accordingly. 

Sect.  4.  Be  it  further  enacted.  That  all  young  persons  in 
said  town,  when  they  attain  to  the  age  of  twenty-one  years, 
and  all  persons  who  may  hereafter  settle  within  the  limits  of 
the  same,  and  shall  desire  to  join  the  second  parish  aforesaid, 
shall  have  full  liberty  so  to  do,  at  any  time  within  twelve  months 
from  the  time  they  attain  to  such  age,  or  from  the  time  of  such 
settlement,  with  their  polls  and  estates,  by  signifying  their  de- 
sire in  writing,  to  the  Clerk  of  said  town,  and  Clerk  of  said 
second  parish. 

Sect.  5.  Be  it  further  enacted.  That  the  income  of  the 
ministerial  land,  so  called,  which  was  given  and  set  off,  for  the 
use  and  maintenance  of  the  ministry,  and  the  income  of  all 
other  ministerial  land  and  property,  which  shall  be  used  for 
the  support  and  payment  of  the  minister  or  ministers  of  the 
gospel,  in  the  town,  shall  be  annually  divided  between  the  first 
parish,  and  said  second  parish,  in  proportion  as  the  members 
of  each  parish,  collectively,  bear  to  each  other,  in  the  State  tax, 
which  shall  be  assessed  from  time  to  time,  to  be  annually  com- 
pared and  ascertained  by  the  assessors  of  both  parishes,  and  to 
be  drawn  from  the  town  treasury  accordingly. 

Sect.  6.  Be  it  further  enacted,  That  all  ministerial  taxes  as- 
sessed and  raised  within  the  town,  on  estates  belonging  to  non- 
residents, shall  be  divided  between  the  first  parish  and  the  said 
second  parish,  in  the  ratio  established  for  the  division  of  the  in- 
come of  the  ministerial  lands  and  funds. 

Sect.  7.  Be  it  further  enacted.  That  the  members  of  said 
second  parish  shall  draw  from  the  town  treasury  for  the  use 
of  their  society,  their  proportion  of  the  amount  of  the  ministe- 
rial income  and  taxes,  according  to  their  assessments,  when 
compared  with  .the  other  part»  of  the  town,  reckoning  from 
the  first  day  of  May  last,  until  they  shall  be  enabled  to  assess 
themselves,  under  the  act  of  incorporation. 

And  whereas,  it  is  represented  to  this  Court,  that  the  South 
Meeting-House  in  said  Dorchester,  was  erected  to  accommo- 
date the  members  of  said  second  parish,  for  a  place  of  public 
worship : 

Sect.  8.  Be  it  therefore  enacted.  That  the  proprietors  of 
said  house,  and  land  thereto  belongir  g,  be  authorized  and  em 
powered,  by  a  committee  chosen  at  a  legal  meeting,  called  for 
that  purpose,  to  convey  the  same  to  the  said  second  parish, 
under  such  regulations  and  conditions  as  they  may  agree  upon, 
reserving  to  individuals  the  pews  owned  and  held  by  them  res- 
pectively. 


1807. Chap.   14— IT.  109 

Sect.  9.     Be  it  further  enacted.  That  the  said  second  parish  Parochial  ex- 
be  authorized  and  empowered,  with  the  consent  and  apjreement  P^.t'^es  to  be 

.  '  '  .      'l  raisen  by  aS- 

of  (he  proprietors  of  said  Meeting-House,  or  pews  m  the  same,  sessmems. 
first  being  obtained  at  a  legal  meeting,  to  raise  by  assessments, 
on  said  pews,  from  time  to  time,  such  sums  of  money  as  may 
be  necessary  for  the  support  or  payment  of  the  salary  of  the 
minister,  or  ministers  of  the  gospel,  and  other  parochial  ex- 
penses;  or  such  part  thereof,  as  may  be  agreed  upon  by  the 
proprietors  as  aforesaid,  to  be  proportioned  according  to  the 
original  valuation  of  said  pews,  made  previous  to  the  sale  •> 
thereof  by  a  committee.  And  if  any  proprietor  or  proprietors 
of  a  pew,  shall  neglect  to  pay  any  assessments,  which  shall  be 
made  as  aforesaid,  for  sixty  days  after  the  time  appointed  for 
the  payment  thereof,  the  treasurer  of  said  second  parish  shall 
be  authorized  to  sell  all  the  estate  and  interest  of  any  such  de- 
linquent proprietor  in  said  Meeting-House,  at  public  auction,  Delinquents, 
first  giving  notice  of  the  time  and  place  of  sale,  fourteen  days 
at  least,  before  the  time  of  sale,  by  posting  up  a  notification  at 
the  east  door,  and  otie  at  the  west  door,  of  said  Meetin.qj-House. 
And  upon  such  sale,  to  execute  a  good  and  sufficient  deod,  or 
deeds,  to  the  purchaser,  or  purchasers;  and  al'ter  deducting 
the  amount  of  saifl  assessments,  together  with  all  the  incidental 
charges,  the  said  treasurer  shall  pay  the  surplus,  if  any  there 
be,  to  such  delitiquent  proprietor;  or  the  said  treasurer  may 
lease  the  same,  if  found  more  expedient,  under  the  same  regu- 
lations and  restrictions,  for  such  time  as  shall  produce  the 
amount  of  such  assessments,  and  charges,  and  execute  a  lease 
accordingly. 

Sect.  10.     Jyid  be  it  further  enacted,  That  a   meeting  of  the  Tjmpofhold- 
said   second   parish,    shall    be  holden   at  said  South  Meeting- ing  first  meet- 
House,  on  the  first  Monday  of  July  next,  at  two  of  the  clock,  "'S- 
in  the  afternoon,  for  the  purpose  of  choosing  a  Clerk  and  other 
Officers,  and  exercising  such  other  powers  as  are  provided   by 
an  act   for  regulating  parishes   and  prerincts,  and  the  officers 
thereof,  passed  June  the  twenty-eighth,  one  thousand  seven  hun-  nsGch.lo. 
dred  and  eighty-six,  and  to  agree  upon   a   method   of  calling 
meetings  of  the  parish  in  future.     [June  19, 1807.]  Add.  act — 
1817  ch.  28. 

All  Act  to  alter  the  names  of  certain  pi-rsons  therein  named.  Chop»    17. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Coiirt  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  passing  of  this  act,  John  Hay  ward,  of  Bos-  Names  altered. 
ton  in  the  county  of  SuffiDlk,  student  at  law,  shall  be  allowed  to 
take  the  name  of  John  White  Hay  ward ;  that  Jonathan 
Sprague,  of  Boston,  aforesaid,  physician,  shall  be  allov/ed  to 
take  the  name  of  John  Sprague ;  that  John  Wheelwright,  of 
Boston,  aforesaid,  merchant,  be  allowed  to  take  the  name  of 
John  Hall  Wheelwright ;  that  M'Gregory  Bumside,  of  Ando- 
ver,  in  the  county  of  Essex,  shall  be  allowed  to  take  the  name 
of  Samuel  M.  Bumside  ;  that  Habijah  Weld  Fuller,  of  Augusta, 
in  the  county  of  Kennebeck,  attorney  at  law,  be  allowed  to 
take  the  name  of  Henry  Weld  Fuller ;  that  Charles  Vose  of 


110 


1807. 


Chap.  17—20. 


Chap,  20. 


Persons  incor- 
porated. 


Proviso. 


Property  di- 
vided into 
shares. 


Delinquents. 


Gardner,  in  siid  county  of  Kennebeck,  merchant,  be  allowed 
to  take  the  name  of  Robert  Charles  Vose  ;  that  Benjamin 
Tucker  of  Dartmouth,  in  the  county  of  Bristol,  merchant,  be 
allowed  to  take  the  name  of  Benjamin  Ricketson  Tucker.  And 
said  persons  shall  in  future  be  respectively  known  and  called 
by  the  names  which  they  are  respectively  allowed  to  take  as 
aforesaid,  and  the  same  shall  hereafter  be  considered  as  their 
only  proper  names,  to  all  intents  and  purposes.  [June  20, 
1807.] 

An  Act  for  establishing  a  corporation,  by  the  name  of  the  Newburyport  Academy. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Joshua  Carter,  Daniel  Dana,  James  Morse,  Richard  Pike, 
Edward  Rand,  Thomas  M.  Clark,  Samuel  A.  Otis,  Jonathan 
Gnge,  William  Woart,  Edward  St.  Loe  Livermore,  together 
with  such  persons  as  are,  or  hereafter  may  be  associated  with 
them,  and  their  successors,  shall  be  a  corporation  by  the  name 
of  the  Newburyport  Academy,  and  by  that  name  may  sue  and 
be  sued,  plead  and  be  impleaded,  and  may  have  a  common 
seal,  and  may  pui'chase  and  hold  real  estate,  provided  the  same 
shall  not  exceed  thirty  thousand  dollars  in  value,  exclusive  of 
any  buildings  for  the  immediate  use  of  said  Academy,  and 
may  establish  a  fund  for  the  use  of  said  Academy,  provided 
the  annual  income  shall  not  exceed  ten  thousand  dollars,  and 
may,  at  any  legal  meeting,  make  and  establish  rules,  orders, 
and  by-laws,  for  the  well  ordering  and  governing  the  affairs  of 
said  corporation.  Provided  the  same  are  not  repugnant  to  the 
laws  of  this  Commonwealth;  and  may  annex  penalties  for  the 
breach  of  any  such  rules,  orders,  and  by-laws,  provided  the 
same  shall  not  exceed  five  dollars ;  and  said  corporation  are 
hereby  vested  with  all  the  powers  necessary  for  carrying  into 
effect  the  purposes  of  this  act. 

Sect.  2.  Be  it  further  enacted,  That  the  property  of  the 
said  corporation  shall  he  divided  into  fifty  shares,  and  the  pro- 
prietors of  such  shares,  at  any  legal  meeting,  may  by  vote  de- 
termine the  disposition  or  appropriation  of  the  property  of  said 
corporation,  and  may  make  assessments  upon  the  shares  for 
the  use  of  said  corporation,  and  the  same  collect  in  such  way 
and  manner  as  may  at  such  meeting  be  agreed  upon,  and  all 
votes  shall  be  determined  by  a  majority  of  the  voters  present, 
counting  one  vote  for  each  share;  provided  no  one  member 
sh^>ll  have  more  than  five  votes;  and  the  share  or  shares  of 
any  proprietor,  who  shall  be  delinquent  in  paying  any  assess- 
ment, may  be  sold  at  auction  for  the  payment  thereof,  by  the 
person  appointed  to  collect  the  same,  giving  fifteen  days  notice 
in  some  public  newspaper  printed  in  Newburyport,  of  the  time 
and  place  of  sale,  and  after  paying  the  assessment  and  all  the 
necessary  incidental  charges,  the  overplus  money,  if  any  aris- 
ing from  the  sale,  shall  be  paid  to  the  delinquent  proprietor, 
and  the  shares  in  said  corporation  shall  be  deemed  personal 
estate,  and  not  real ;  and  shall  be  so  distributed,  in  case  of  the 
death  of  any  proprietor,  and  shall  be  liable  to  attachment,  and 


1807. Chap.  20—24.  Ill 

payment  of  debts,  in  the  same  way  and  manner  which  is  pro-  Appropriation, 
vided  for  by  the  "  Act  directing  the  mode  of  attaching  on  mesne  1804.  ch.  83. 
process,  and  selling  by  execution   shares  of  debtors   in  incor- 
porated   companies,"  and   the  proprietors  may   establish  the 
manner  of  transferring  the  shares  in  said  corporation. 

Sect.  3.  Be  it  further  enacted,  That  said  corporation  may 
choose  and  appoint  all  such  necessary  officers  as  by  their 
by-laws  they  may  establish  for  such  term  of  time. 

Sect.  4.     Be  it  further  enacted,  That  Joshua  Carter,  Esq.  be 
empowered  to  call  the  first  meeting  of  said  proprietors,  by  giv-  First  meeting 
ing  at  least  fifteen  days  notice  by  advertising  in  the  Newbury-  to  be  called 
port  Herald,  and  no  vote  of  the   proprietors,  at  any  meeting' 
shall  be  deemed  valid,  except  the  subject  matter  thereof  be  in- 
serted in  the   notification   for  calling  the  meeting.     [June  20, 
1807.]     See  act— 1819  ch.  15. 

Aa  Act  in  addition  to  an  Art,  entitled  "An  act  to  incorporate  the  trustees  of  Phil-    Chap.  22» 
lips  Acadflmy,  in  Andover."  Oct.  4,  1780. 

WHEREAS,  the  trustees  of  Phillips  Academy  have  petition- 
ed this  court  for  liberty  to  receive  and  hold  donations  of  cha-  Preamble, 
rifably  disposed  pprsons,  for  the  purpose  of  a  theological  insti- 
tution, and  in  furtherance  of  the  designs  of  the  pious  founders 
and  benefactors  of  said  academy.  And  whereas  it  is  reasona- 
ble that  the  prayer  should  be  granted  : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same,  That  the 
Soid  trustees  of  Phillips  Academy,  be,  and  they  are  hereby  em- 
powered, to  receive,  purchase  and  hold,  for  the  purposes  afore- 
said, real  and  personal  estate,  the  annual  income  whereof  shall  property. 
nc.  exceed  five  thousand  dollars,  in  addition  to  what  they  are 
now  allowed  by  law  to  hold,  provided,  the  income  of  the  said 
real  and  personal  estate,  be  always  applied  to  said  objects, 
a^ieeably  to  the  will  of  the  donors,  if  consistent  with  the  ori- 
gin,.] desi2:n  of  the  founf'ers  of  the  said  academy.  [June  20, 
1807.]     Further  act— 1813  ch.  123. 

All  Act  to  establish  the  Sturbridge  and  Western  Turnpike  Corporation.  Chap,  24. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Abij^h  Brown,  Samuel  Blair,  Joseph  Field,  Daniel  Hodg-  persons  incor- 
€S,  Jedediah  Marcy,  Edward  Morris,  Daniel  Morse,  Timothy  porated. 
N'weil,  Oliver  Plimpton.  Gershom  Plimpton,  jun.  Harvey  Ses- 
sions, Alpheus  Wright,  David  Wright,  jun.  and  Thomas  Up- 
ham,  tibgether  with  such  others  as  already  have,  or  may  here- 
after associate  with  them,  their  successors,  or  assigns,  be,  and 
they  are  hereby  made  a  corporation,  by  the  name  of  the  Stur- 
bridge VVesiem  Turnpike  Corporation,  for  the  purpose  of 
lav  niakine,  and  k«^ping  in  good  repair  a  turnpike  road, 
fi  le  of  the  Stale  of  i  o.  necticut,  in  the  best  direction 
th  >.^rnerof  Dtulley  to  S'nrlTiti^-'^  by  the  meeting  house 
o'  ..:  ?rol!  Parish,  si^ndifig  la^ar  (be  dy,>  r  house  of  the  late 
Co.>'.(i  Bi^niamin  Freeman,  thence  u>  near  the  Baptist 
meetkgi  hoSse  in  Sturbridge,  thence  to  the  centre  meeting  house 


il2  1807. Chap.  24 — 25. 

in  Sturbrldge,  and  from  thence,  so  as  to  meet,  and  connect  with 
the  turnpike  road  in  Western. 

/^       •„  Sect.  i.  jind  he  it  farther  enacted.  That  Salem  Towne,  Ab- 

pointed.  ner  Brown,  and   Benjamin  Dniry,  Lsquires,  be,  and  they   are 

hereby  appointed  a  committee  to  locate  the  said  road,  and  to 
fix  and  mark  the  same,  in  the  course  before  described,  at  their 
discretion.     And  in  case  there  should  beany  obstructions  from 

—Empowered,  buildings  or  other  causes,  which  may  prevent  a  straight  line, 
'  the  said  committee  shall  in  such  case,  have  power  so  to  vary 
the  line  as  to  avoid  such  obstructions,  provided  that  the  said 
road  shall  not  be  less  than  three  rods  wide  in  any  part  there- 
of. And  the  said  committee  are  hereby  empowered  to  assess 
such  damages,  as  any  individual  may  sustain,  by  reason  of  lay- 
ing out  and  making  said  road,  when  the  corporation  and  such 
individual  cannot  agree,  reserving  to  either  party  the  right  of 
trial  by  jury,  according  to  the  law,  which  provides  for  the  re- 

— To  make  te-  covery  of  damages,  accruing  by  laying  out  of  public  highways ; 

turn.  aj^j  when  the   said  committee  have   completed  their  business, 

they  shall  make  return  to  the  next  Courts  of  General  Sessions 
of  the  Peace,  to  be  holden  in  the  counties  of  Worcester  and 
Hampshire,  of  the  courses  and  distances,  and  the  damages  as- 
sessed in  each  county  ;  which  shall  have  the  same  effect,  as 
though  the  same  had  been  done  by  the  committee  appointed  by 
said  courts,  for  the  same  purposes  ;  and  that  the  expense  of 
the  said  committee  shall  be  paid  by  the  said  corporation.  [June 
20,  1807.] 

Chap.  25.       An  Act  to  set  oflf  Jonas  Bartlett  and  Jonas  Baitlett,  jun.  from  the  town  of  Marl- 
boro', and  to  annex  them  to  the  town  of  Nurthboro'. 

Sect.  1.  BE  it  enacted  hj  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
Persons  set  off.  That  Jonas  Bartlett,  and  Jonas  Bartlett,  jun.  with  their  families 
and  estates,  be,  and  they  are  hereby  set  off  from  the  town  of 
Marlboro',  in  the  county  of  Middlesex,  and  annexed  to  the  town 
of  Northboro',  in  the  county  of  Worcester,  by  the  following  de- 
scribed lines,  viz.  Beginning  at  a  stake  on  the  line  between  the 
said  towns  of  Marlboro'  and  Northboro',  at  the  northwest  corn- 
er of  the  meadows  belonging  to  Colonel  Luke  Drury,  thence 
east  forty-one  deg;rees  north,  forty-two  and  an  h-ilf  rods  to  the 
northeast  corner  of  said  meadow,  thence  north  six  degrees  east, 
one  hundred  and  eleven  rods,  to  a  stake  and  stones  o\\  the 
southerly  side  of  a  town  way,  thence  west,  five  degrees  /lorth, 
nine  rods,  thence  west,  thirty-four  degrees  north,  thirty  rods, 
thence  west,  twenty-six  degrees  nor^h,  sixty-three  rods,  thence 
west,  thirty-five  degrees  north,  twenty-eight  rods,  thence*  west, 
forty-three  degrees  north,  ninety  rods,  to  a  heap  of  ;  tones, 
thence  west,  thirty  degrees  north,  twenty-seven  rods,  to  j^  stake 
and  stones,  on  the  east  line  of  the  town  of  Northboro".  And 
the  said  families  and  estates,  hereby  annexed  to  the  spid  town 
of  Northboro',  shall  hereafter  be  considered  inhabitan's  of  the 
said  town,  and  shall  there  exercise  and  enjoy  all  thi  tr  civil 
risfhts  and  privileges,  and  shall  also  be  subject  to  all  th'^ir  ^'^'^* 
duties  and  requisitions,  in  like  manner  with  the  other    inhabb- 


1 807. Chap.  25—25.  Il5 

tants  of  the  said  town.  Provided  however,  that  the  said  Jonas 
Bartlett  and  Jonas  Barllett,jun.  shall  be  holden  to  pay  their 
due  proporiion  of  all  money  granted,  or  which  may  be  granted 
by  the  said  town  of  Marlboro',  prior  to  the  passing  of  this  act. 

Provided  also,  that  any  person  having  heretofore  gained  a  proviso, 
habitanc}'^  on  the  said  land,  and  who  may  hereafter  become  a 
town  charge,  shall  receive  their  support  in  and  from  the  said 
town  of  North boro'.  And  it  is  furtker /irovided,  that  the  said 
inhabitants  with  their  lands  hereby  annexed  to  the  said  town 
of  Norlhboro',  shall  hereafter  be  considered  as  belonging  to  the 
county  of  Worcester,  and  the  line  herein  before  described  shall 
be,  so  far  as  relates  to  this  act,  the  boundary  line  between  the 
counties  of  Middlesex  and  Worcester. 

Sect.  2.  And  be  il  further  enacted.  That  there  shall  be  taken 
two  cents  from  the  town  of  Marlboro',  in   the  State   valuation, 
and  added  to  the  town  of  Northboro',  which  shall  be  the    rule  puture  rule  of 
for  assessing  'he  said  towns  for  state  and  county   taxes,   until  assessment. 
there  shall  be  a  new  slate  valuation  taken.     [June  20,  1807.] 

An  Act  in  addition  to  an  An,  entitled  "An  Act  incorporating  certain  persons  in  QfiQn,  '26. 

the  towns  of  Lenox,  Lee,  Stockbridge  and  Pittsfield,  in  tlie  county  of  Berkshire,  ioqJVu   75 

by  the  name  of  the  Protestant  Episcopal  Society  of  Lenox,"  and  to  annex  cei-  ,y   „     '  5Q3  \ 

tain  other  persons  thereto.  V.    •    ■  P* 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  cf  the  same,  .  ^ 
That  Joseph  Abby,  John  Atkins,  Ichabod  Benton,  Jeremiah 
Buck,  Samuel  Cooper,  John  Dove,  Benjamin  Hamilton,  Heze- 
kiah  Hays,  Joseph  Holland,  John  Lumley,  Amos  Mansfield, 
Joseph  Randall,  David  Savage,  Allen  Smith,  Pryphena  Stone, 
and  William  Wells,  all  of  Siockbridge  ;  Salmon  Andrews,  Abel 
Avery,  Daniel  Butler,  Jethro  Butler,  jun.  Daniel  Collins,  Ste- 
phen Cruttenden,  Samuel  Palley,  jun.  Samuel  Gray,  Edward 
Hatch,  David  Hubby,  Moses  Merwin,  Calvin  Perry,  Daniel 
Policy,  Joseph  Presby,  Calvin  Sears,  Asahel  Sprague,  Oliver 
Stedman,  Henry  Taylor,  Joseph  Tucker,  Ira  Warrener,  War- 
ren Warrener,  John  Whitlock  and  Daniel  Williams,  jun.  all  of 
Lenox  ;  and  Hannah  Hubby,  of  Pittsfield,  together  with  their 
families  and  estates,  be,  and  they  are  hereby  annexed  to  the 
Protestant  Episcopal  Society  of  Lenox,  for  parochial  purposes 
only.  And  the  several  persons  before  named,  shall  hereafter 
be  exempted  from  taxes  for  the  support  of  the  minister,  in  the 
several  towns  where  they  now  dwell,  so  long  as  they  continue 
members  of  the  said  Episcopal  society.  And  the  said  pe\  eral 
persons  hereby  annexed  to  the  said  society  shall,  with  the  oth- 
er members,  be  equally  entitled  to  all  the  privileges,  and  shall 
also  be  subject  to  all  the  duties  and  burthens  of  the  said  socie- 
ty, and  shall  in  all  respects  be  considered  as  members  oi"  said 
Episcopal  society,  in  as  full  and  ample  a  manner,  as  if  t.'iey  had 
been  originally  incor;>o''ated  therewith. 

Sect.  2.   Be  it  further  cnacte-\  That  any  person,  in  either  of  Conditions  of 
the  towns  aforesaid,  who  may  desire  to  join  said  Episcopal  so-  joining  the  so^ 
ciety,  and  shall  declare  such  intention  in  writing,  to   be  deliv-  *^'^^^* 
ered  to  the  clerk  of  the  town,  where  he  or  she  may  reside,  and 
also  a  copy  of  the  same,  to  the  clerk  of  the  society,  with  which 

VOL,  IV.  15 


1 14  1807. Chap.  26—31. 

such  person  has  been  connected,  before  the  first  day  of  March, 
and  shall  produce  a  certificate,  signed  by  the  minister  or   war- 
dens of  said  Episcopal  society,  that  such  person  has  united  with 
said  society,  such  person  shall,  from  and  after  the  date  of  such 
certificate,  be  considered  with  his  or  her  polls  and   estate,  a 
member  of  said  Episcopal  society. 
In  case  of leav-       Sect.  3.  .^nd  be  it  further  enacted,  That  when  any  member 
ing  andjoining  of  the  Said  Episcopal  society  shall  see  cause  to  leave  the  saiiie, 
another,  ^^^  ^^  unite  with  any  other  religious  society  in  the  town  where 

he  or  she  may  dwell,  shall  give  notice  of  such  intention  in  wri- 
-  ting  to  the  clerk  of  the  town,  and  copies  of  the  same  to  the  clerk 
of  the  said  Episcopal  society,  and  to  the  clerk  of  the  society 
with  which  such  person  desires  to  join,  and  shall  produce  a 
certificate,  signed  by  the  minister  or  clerk  of  such  society,  that 
such  person  has  united  with  the  said  society,  such  person  shall, 
from  the  date  of  such  certificate,  be  considered,  with  his  or  her 
Proviso.  polls  and  estate,  a  member  of  said  society  :  provided  however^ 

that  in  all  such  cases  as  may  happen  under  the  provisions  of 
the  second  and  third  sections  of  this  act,  any  and  every  person 
leaving  a  society,  and  uniting  with  another,  such  person  shall 
always  be  holden  to  pay  his  or  her  proportion  of  all  parish  or 
society  expenses  in  the  society,  with  which  such  person  had 
been  formerly  connected,  assessed  and  not  paid,  previous  to 
leaving  one  society  and  joining  to  another  as  aforesaid.  \June 
20,  1807.] 

Chap.  29.         An  Act,  to  allow  a  further  time  to  the  proprietors  of  the  Sheffield  and  Tyringham 
1804  ch.  39  Turnpilie  corporation  to  complete  their  road. 

(V.  3.  p.  474.)  BE  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  a  further  time  of  two  years,  from  the  twenty  third  day  of 
June,  one  thousand  eight  hundred  and  seven,  be,  and  hereby 
is  allowed  to  the  said  proprietors  to  complete  the  said  Shef- 
field and  Tyringham  Turnpike  road,  any  thing  in  the  original 
act  of  incorporation  to  the  contrary  notwithstanding.  [June 
20,  1807.] 

^7  o.  An  Act  to  incorporate   sundry  persons  into  a  company,  by  the  name  of  the  Pvo- 

U/lop.  Ol.  prietors  of  the  Exchange  Coffee-House. 

WHEREAS,  sundry  persons,  proprietors  of  an  estate  situ- 
ate in  Boston,  (bounded  northerly  partly  on  a  court,  and  part- 
ly on  land  of  Andrew  Dexter,  jnn.  theie  measuring  ninety- 
six  feet,  easterly  on  Congress-street,  there  measuring  eighty- 
seven  feet ;  southerly,  partly  on  land  of  the  heirs  of  Richard 
Salter,  and  partly  on  the  estate  of  Driscoll  and  Wall,  there 
measuring  one  hundred  and  thirty-four  feet;  and  westerly  on 
other  estate  of  said  Dexter,  there  measuring  one  hundred  and 
eleven  feet,)  have  associated,  for  the  purpose  of  erecting  on 
said  estate,  a  building  on  an  extensive  plan,  containing  an 
Exchange,  a  Cofiee-House,  and  different  apartments  for  other 
uses,  which  will  be  conducive  to  public  accommodation  : — 

Sect.  1.  Beit  therefore  enacted  by  the  Senate  and  House  of  Re- 
presentatives, in  General  Court  assembled,  and  by  the  authority  of 

Persons  incor-  '^^  *'*"*^' That  Samuel  Brown,  Cfowell  Hatch  and  Andrew  Dex- 

porated. 


Preamble. 


1807. Chap.  31.  115 

ter,  jun.  Esquires,  with  such  others  as  are  or  may  become 

proprietors  of  the  said  estate,  their  associates,  successors  and 

assi<^ns,    being  citizens  of  the   United    States,  shall   be,  and 

hereby  are  constituted  a   body  politic  and   corporate,  by  the 

name  of  The  Proprietors  of  the  Exchange    Coffeje-House,  for 

the  purposes  aforesaid,  and  the  said  corporation,  by  the  said 

name,  are  hereby  declared   and  made  capable,  in   law  to  sue 

and    be  sued,  plead  and   be  impleaded,  to    have  a   common 

seal,  and  alter  and  renew  the  same  at  pleasure,  to  make  rules 

and  by-laws  for  the  regulation  and  management  of  said  estate,  —legally  au. 

consistent  with  the  laws  of  the  Commonwealth,  and  generally  thorized. 

to  do  and  execute  whatever  by  law  shall  appertain   to   bodies 

politic. 

Sect.  2.     ^nd  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  said  corporation  shall  be,  and  hereby  is  declared  ca-  —may  hold 
pable  to  purchase,  have,  hold,  and  possess  the  estate  afore-  ^^^  dispose  of 
said,  and  shall  have  power  to  erect  a  building  thereon  for  the  *  ®P'^°P^'^y' 
purposes  aforesaid,  and  the  said  corporate   property  or  any 
part  thereof,  to  grant,  sell  and  alien   in  fee  simple,  or  other- 
wise, and  to  lease,  exchange,  manage  and  improve  the  same, 
according  to  the  will  and  pleasure  of  the    said  associates,  or 
a  major  part  of  them,  expressed  by  their  votes,  at  any  legal 
meeting. 

Sect.  3.     Be   it  further   enacted,  That   the    said    associates  Property  to  be 
may  at    any  legal  meeting  agree  upon   the  number  of  shares,  divided  into 
into  which  the  said  estate  shall  be   divided,  not  exceeding  five  ^  ^'^^* 
hundred,  and  upon  the  form  of  certificates  to  be  given    to   in- 
dividuals, of  the  number  of  shares  by  them  respectively  held  ; 
they  shall  also  have  power  to  assess  upon  each  share   such  Assessment, 
sums  of  money  as  may  be  deemed  necessary,  for  the  purposes 
aforesaid,  and  generally  for  the  improvement  and  good  man- 
agement of  said  estate,  agreeable  to  the  true  intent  of  this  act, 
and  to  sell  and  dispose  of  the  said  shares  for  the  payment  of 
assessments,  in  such  way  and  manner  as  said  corporation  may 
determine;  Provided   however,  that  the   value  of  the  land   and  Proviso, 
buildinor  to  be  erected  thereon  shall  not  exceed  two  hundred 

o 

thousand  dollars. 

Sect.  4.  Be  it  further  enacted,  That  any  share  may  be  Shares  may 
alienated,  by  the  proprietor  thereof,  by  a  deed  under  his  hand  be  alienated, 
and  seal,  and  acknowledged  before  some  justice  of  the  Peace, 
and  recorded  by  the  clerk  in  a  book  to  be  kept  for  that  pur- 
pose, and  not  in  any  other  manner,  and  any  purchaser  shew- 
ing to  the  treasurer  such  deed  so  recorded,  and  delivering  up 
to  him  the  former  certificate,  shall  be  entitled  to  a  new  cer- 
tificate, executed  in  form  as  aforesaid,  certifying  the  property 
in  such  share  to  be  in  such  purchaser. 

Sect.  5.     Be  it  further  enacted,  That  the  property  of  eve-  „  . 
•     1-    •  1      1  u  c       -1  *•  .     1-  -1  Private  proper 

ry  mdividuai  member  01  said  corporation,   vested  in  said  cor- ty  liable  to  at- 

porate  fund  or  estate,  shall  be    liable  to    attachments  and  to  tachmem. 

the  payment  of  his  just  debts,  in   manner  prescribed  by  an 

act,  entitled,  "  An  act  directing  the  mode  of  attaching  on  mes-  1814  ch.  83. 

ne  process,  and  selling  by  execution  shares  of  debtors  in  in- 


116  1807. Chap.  31—33. 

corporated  companies;"    passed   March   8th,   Anno   Domini 

1805. 

Sect.  6.     Be  it  further  enacted,  That  the  real  estate  of  said 

liable.    ^^      corporation  shall  be  Hable  for  the  debt:-  of    tiC  corooration,  and 

shall  be  liable  to  attachment  and  ex.cit<  ii,  on   any  judgment 

against  the  corporation,  in  the  same    w  inner  as  other  real  es- 

— snhject  to  re-  ^^^^'  ^"^  ''^^  Corporation  shall  have  the  ri";ht  and  equity  of  re-; 

demption  deeming  the  same. 

Sect.  7.     Be  it  farther  enacted.  That   in   any  action   to  be 
^ed*^"*'""  *®'    brought,  or  in  any  judgment  to  be  rendered,  against  said  cor- 
'  '     poration,  the  plaintitf  not  being  able  to  find   sufficient  proper- 

ty of  the  corporation,  to  attach  on  mesne  process,  or  vvii(.  reon 
to  levy  his  execution,  shall  have  the  right  of  at  ^^cl'ing  or  le- 
vying his  execution,  on  any  of  the  property  of  the  individual 
members  of  the  corporation,  in  the  same  manner  as  if  the  ac- 
tion had  been  brought,  and  the  judgment  rendered  against 
them,  in  their  individual  capacity. 

Sect.  8.  Be  it  further  enacted,  That  any  two  of  the  asso- 
Mannerof  ciates  may  call  a  meeting,  by  advertising  the  same,  in  any 
calling  a  meet-  two  of  the  public  newspapers  printed  in  Boston,  at  least,  three 
^'S*  days  before  the  time  of  meeting,  and  at  that  or  any  other  meet- 

ing, may  elect  such  President,  Trustees,  Directors,  Secretary, 
Clerk  or  other  Officers,  and  for  such  term  of  time,  not  ex- 
ceeding one  year,  as  they  may  judge  fit,  and  the  same  at  plea- 
sure change  or  remove,  and  in  the  choice  of  officers,  or  on 
any  other  occasion,  when  it  shall  be  required  by  a  major  part 
of  the  members  present,  at  any  meeting  the  votes  may  be  giv- 
Pioviso  ^"  ^7  shares,  and  absent  members  may  vote   by  proxy;  Pro^, 

vided  only,  that  no  one    member    shall   have  more   than  ten 
votes. 
Nopviviiege  Sect.  9.     And  he  it  further  enacted.  That  nothing  herein  con- 

cSfeent'of^'^"*  tained,  shall  be  deemed  or  construed  to  give  said   proprietors 
owners.  any  right  or  authority    to  take    or  appropi-iate  to    their  use, 

the  land,  right  or  privile2;e  of  any  person  or  persons,  without 
his  or  their  consent,  and  by  a  legal  conveyance  thereof  from 
such  person  or  persons  to  the  said  corporation.  [June  20, 
1807.]     Addacts— 1807  ch.  78:   1809  ch.  66:   1813  ch.  36. 

Chap,  33.       -^"    '^^^^  *°  incorpov9te  Prter  Snoyv  and  others,  by  the  mme  of  the    Fitcliburg 
*^  C-)ttoii  Manufactory  CoiporRtion. 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  C'nirt  asf^emh/ed,  and  hy  the  cnUhority  cf  tha 
Persons  incor-  same.  That  the   said    Peter  Snow,  and  Jonas   Marshall,   John 
ppi^dte  .  Muzzy,  Edward  Durant,  William  Brown,  Joseph  Farwell,  and 

Robert  Allen,  their  associates,  successors,  and  assigns,  shall  be, 
and  they  hereljy  are  created  a  corporation  and  body  politic 
by  the  name  and  style  of"  The  Fitchburg  Cotton  Manufactory 
Corporation,"  and  by  that  name  may  sue  or  be  sued,  plead 
and  be  impleaded,  answer  and  be  answered  unto,  defend  and 
be  defended,  to  final  judgment  and  execution,  and  also  may 
make,  have  and  use  a  common  seal,  and  the  same  at  pleasure 
inay  break,  altej*  and  renew. 

Sect.  2.     And  he  it  further  enacted^  That  the  said  corpo-, 


1807. Chap.  33.  117 

ration  shall  have  power,  and   is  hereby  authorized,  to  carry  Authorized  to 
on  the  manufacture  of  Cotton  at  Fitchburg,  and  the  business  manufacture 
necessarily  connected    therewith,  and    may  erect  any  dam, 
mill  or  miMs,  works  or  buildings  necessary  for  carrying  on,  this 
or  any  other  useful  manufacture,  and   the  business  connected 
therewith. 

Sect.  3.  Be  it  further  enacted,  That  the  said  corporation  Allowed  to 
may  be  lawfully  seized  and   possessed  of  such   real  and  per-  P"'/^''"^!, 

./  ,  ./  ,  "^  ,  •      X  1-  1.    ui-   L     Slid  peisonal 

sonal  estate  as  may  be  necessary  and  convenient  tor  establish-  g^tate. 
Ing  and  carrying  on  said  manufactory,  and  any  other  useful 
manufacture,  and  the  business  therewith  connected,  and  the 
same  may  sell,  bargain,  and  dispose  of  at  pleasure ;  Provided,  Proviso, 
that  such  real  estate  shall  not  exceed  in  value  the  sum  of  fifty 
thousand  dollars,  and  such  personal  estate  shall  not  exceed  in 
value  the  sum  of  one  hundred  thousand  dollars. 

Sect.  4.  And  he  it  further  enacted,  That  the  persons  above  Empowed  to 
named,  or  any  three  of  them,  may  by  an  advertisement  in  any  '^^  ^  meeung. 
public  newspaper  printed  in  the  county  of  Worcester,  call  a 
meeting  of  said  corporation,  to  be  holden  in  Fitchburg,  at  any 
suitable  time  and  place,  after  twenty  days  from  the  publica- 
tion of  said  advertisement ;  and  the  members  of  said  copora- 
tion,  by  the  vote  of  the  majority  of  those  present,  or  repre- 
sented at  the  said  meeting  (in  all  cases  accounting  and  allow- 
ing a  vote  to  ench  single  share)  shall  choose  a  clerk,  who  shall 
be  sworn  by  a  Justice  of  the  Peace  for  the  county  of  Worces- 
ter, to  the  faithful  performance  of  his  duty  ;  a  treasurer  and 
such  other  officers  as  may  appear  necessary  for  the  manage-  To^chooseoffi- 
ment  of  the  business  and  concerns  of  said  corporation,  and 
shall  agree  on  the  manner  of  calling  future  meetings,  and  at 
the  same  or  at  any  subsequent  meeting,  may  make  and  esta- 
blish any  rules  and  regulations  for  regulating  the  said  corpo- 
ration, and  the  same  rules  and  regulations  may  cause  to  be 
kept  and  executed,  or  for  the  breach  thereof,  may  order  and 
enjoin  fries  and  pfnalties  rot  exert c.ng  ihirieer  dollars 
and  thirty-three  cents,  for  any  breach  thereof.  Provided,  Proviso, 
such  rules  and  regulations  are  not  repugnant  to  the  laws  and 
constitution  of  this  Commonwealth,  and  all  agents  of  proxies 
at  any  meeting,  shall  be  authorized  in  writing,  signed  by  the 
persons  by  whom  they  are  appointed,  which  shall  be  filed  and 
recorded  by  the  clerk ;  provided  that  no  member  of  said  cor- 
poration shall  be  allowed  more  than  eight  votes. 

Sect.  5.  And  he  it  firther  enacted,  That  the  property  of  Popeity  to  be 
said  corporation  shall  be,  and  hereby  is  divided  into  one  'l^ll^^^^  •"'° 
hundred  shares,  and  shall  be  numbered  in  progressive  order, 
beginning  at  number  one ;  and  every  original  member  there- 
of, shallhave  a  certificate  under  the  seal  of  said  corporation, 
and  signed  by  the  treasurer,  certifying  his  property  in  such 
share,  as  shall  be  expressed  in  said  certificate. 

Sect.  6.     And  be  it  further  enacted.  That  any  share    may  ^jJ^^a'tg^S^ ^* 
be  alienated  by  the  proprietor  thereof,  his  executors  and  ad-  ' 
ministrators,  by  a  deed  under  the  hand  and  seal  of  him   or 
{hem,  acknowledged  before  some  Justice  of  the  Peace,  and 
irecorded  by  the  clerk,  in  a  book  to  be  kept  for  that  purpose. 


118 


1807. 


Chap.  33—36. 


Delinquents. 


Writ  of  scire 
facias  sued  in 
case. 


Act  given  iu 
evidence. 


Proviso. 


Chap,  36. 


end  any  purchaser  named  in  such  deed  so  recorded,  shall  on 
producing  the  same  to  the  treasurer,  and  delivering  up  to  him 
the  former  certificate,  be  entitled  to  a  new  certificate,  execu- 
ted in  form  aforesaid,  certifying  the  property  in  such  share  to 
be  in  such  purchaser. 

Sect.  7.  And  he  it  further  enacted^  That  whenever  any 
member  of  said  corporation  shall  neglect  or  refuse  to  pay  any 
tax  or  assessment,  duly  voted  and  agreed  upon  by  the  said 
corporation,  to  the  treasurer,  within  thirty  days  after  the  time 
set  for  the  payment  thereof,  the  treasurer  of  said  corporation 
is  hereby  authorized  to  sell  at  public  vendue,  the  share  or 
shares  of  such  delinquent  member,  one  or  more  as  shall  be 
necessary  and  sufficient  to  pay  such  taxes  and  necessary  in- 
cidental charges,  after  duly  notifying  in  one  or  more  public 
newspapers,  printed  in  the  county  of  Worcester,  and  in  such 
other  way  as  the  corporation  may  direct,  the  sum  due  on  such 
share,  and  the  time  and  place  of  sale,  at  least,  thirty  days 
previous  to  the  time  of  sale  ;  and  such  sale  shall  be  a  sufficient 
transfer  of  such  share  or  shares  so  sold  to  the  person  purchas- 
ing the  same  ;  and  on  producing  a  certificate  of  such  sale 
from  the  treasurer  to  the  clerk  of  said  corporation,  the  name 
of  such  purchaser,  with  the  number  of  shares  sold,  shall  be 
by  the  clerk  entered  on  the  books  of  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 
share  or  shares  were  sold. 

Sect.  8.  And  he  it  further  enacted^  That  when  execution 
shall  issue  on  any  judgment  recovered  against  said  corpora- 
tion, and  the  same  shall  be  returned  "  not  satisfied,"  the  ori- 
ginal plaintiff  in  the  action  wherein  the  said  execution  was 
awarded  and  issued,  may  sue  out  a  writ  of  scire  facias^  from 
the  court  wherein  the  judgment  was  rendered,  on  which  the 
same  execution  was  awarded  and  issued  against  such  person 
or  persons,  as  are  or  were  proprietors  and  members  of  said 
corporation,  at  the  time  such  judgment  was  rendered,  and 
may  have  execution  against  their  goods  and  estates,  or  against 
the  goods  and  estates  of  any  such  deceased  member  of  said 
corporation,  in  the  hands  of  his  or  their  executors  or  adminis- 
trators, with  additional  costs  and  damages. 

Sect.  9.  And  he  it  further  enacted^  That  this  act  shall  be 
deemed  and  taken  to  be  a  public  act,  and  as  such  may  be 
declared  upon  and  given  in  evidence  in  any  Court  of  Law, 
without  specially  pleading  the  same  ;  Provided  always^  that  the 
Legislature  may  from  time  to  time  hereafter  upon  due  notice 
to  said  corporation,  make  such  further  provisions  and  regula- 
tions, for  the  management  of  the  business  of  said  corporation 
and  the  government  thereof,  or  wholly  to  repeal  this  act,  as 
shall  be  deemed  expedient.     [June  20,  1807.] 

An  Act  to  incorporate    certain  proprietors  of  meadow  lands,  called  Wigwam 
Pond  Meadows,  in  Dedham,  in  the  County  of  Norfolk. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the  same. 


1807. Chap.  36—38.  1 19 

That  from  and  after  the  passing  of  this  act,  the  proprietors  of  J^^^StTd. '"' 

certain  meadow  lands,  called  Wigwam  Pond  Meadows,  in  Ded- 

ham,  be,  and  they  are  hereby  incorporated   by  the   name  of 

the  Proprietors  of  the  Wigwam    Pond   Meadows,  and  by  that 

name  may  sue  and  be  sued,   and  do  and  suffer  all  such  acts 

and  things,  as  like  corporate  bodies  may  and   ought  to  do  and 

suffer.     Bounded  northwardly  on   a  causeway,  leading  from  Boundaries, 

the  court  house  in  Dedham,  to  Dwight's  bridge,  so  called;  and 

eastwardly  by  the  upland,  as  far  south  as  to  the  land  of  Joshua 

Fales,  then  on  the  line  of  said  Fales  and   Ebenezer  Farington, 

until  it  comes  to  the  upland  on  the   westerly  side,  thence  by  a 

circuitous  line,  ranging  by  the  upland,  till  it  comes  to  the  pond 

—thence  on  the  westerly  side  of  the  brook  running  into  Charles    • 

river,  until  it  comes  to  the  line  between  the  lands  of  Jonathan 

Starr  and  Henry  Jones,  thence  on  said  line,  until  it  comes  to 

the  upland,  thence  westwardly  by  the  upland,  until  it  comes  to 

the  causeway  first  mentioned,  exempting  the  lands  of  Deacon 

Isaac  BuUard,  included  within  said  bounds. 

Sect.  2.  Be  it  further  enacted,  That  the  said  proprietors, 
when  legally  assembled,  shall  have  power  from  time  to  time 
to  appoint  a  clerk,  treasurer,  assessors  and  collectors  of  taxes,  proprietors 
committees,  or  other  necessary  officers,  who  shall  severally  be  empowered*  - 
sworn  to  the  faithful  discharge  of  their  trust;  which  officers 
shall  have  the  same  power  to  carry  into  eflect  any  vote  or  or- 
der of  said  corporation,  as  town  officers  of  like  description, 
have  by  law,  to  do  and  perform  in  their  respective  otRces ; 
and  the  said  corporation  snail,  at  their  first  meeting,  determine 
on  the  manner  of  calling  future  meetings,  and  the  said  corpora- 
tion, at  any  legal  meeting  for  that  purpose,  shall  have  power 
to  raise  monies,  for  the  purpose  of  clearing  out  and  removing 
the  ohsl ructions,  which  may  at  any  time  be  found  in  the  an- 
cient channel  of  the  brook  running  into  Charles  river,  or  for 
any  other  purpose  which  they  shall  judge  necessary  and  con- 
duci\'e  to  the  draining  and  improving  the  said  meadow  lands  ; 
and  the  said  proprietors  shall  have  a  right  to  pass  up  and  down 
the  ])anks  of  the  said  brook,  from  the  causeway  to  said  Wig- 
wam pond,  for  the  purpose  of  clearing  said  brook. 

Sect.  3.  .4/id  be  it  further  enacted^  That  upon  the  applica- 
tion of  any  three  or  more  of  the  said  proprietors,  to  any  justice 
of  <hc  peace  in  the  county  of  Norfolk,  the  said  justice  is  here- 
by authorized  to  issue  his  warraot,^^irected  to  one  of  the  said  justice  to  issue' 
proprietors,  requiring  him  to  notify  a  meeting  at  such  time  and  his  warrant, 
place,  and  for  such  purposes  as  shall  be  expressed  in  said, war- 
rant; which  warrant  and  notification  thereon,  shall  be  posted 
up  at  the  door  of  the  meeting  house  of  the  first  parish  in  Ded- 
ham, fourteen  days  before  tl^e  time  expressed  in  the  warrant' 
for  holr'in2:  '^vrh  meetinfj.     [June    20,    1807.] 

All   \rT  to  estabHsh  tho  AlforH  and  Wept  Stockbridge  Turnpike  Coiporation.       Chop.  38. 

BE  it  ennctpd  by  the   Senate  and'  House  of  Rjpresentafives,  in 
General- C  nrt  aft-fenhli^d,  and  hy  the  a^ithor''i/  of  the  same..  That 
Birz'llii  Brown,  John  Bro.vn.  Simiip.l  Cla''-<,  Simeon  Deming.  Persons incor* 
James  Di^esser,  William  Dryer,  Amos  Hamlen,  Eli  Hatch,  poiated. 


120 


1807. 


Chap.  38—39; 


Peter  Johns,  Stephen  Johns,  Nathan  Johnson,  Ahr\er  Kellogg 
Peter  Perrj,  Thomas  Reed,  Abraham  Rice  Ephnim  Slater, 
Jonathan  Squire,  Elisha  Stevens,  and  Nathaniel  Young,  to- 
geiher  with  such  others  as  ah-eady  have,  or  may  hereafter  as- 
sociate with  them,  their  successors  a'nd  assigns,  be,  and  they 
are  hereby  made  a  corporation,  by»the  name  of  the  Alford  and 
West  Stockbridge  Turnpike  Corporation,  for  the  purpose  of 
laying  out,  making,  and  keeping  in  good  repair,  a  turnpike 
road  in  the  county  of  Berkshire,  as  follows,  viz. — Beginning  at 

Boundaries.  the  line  between  the  state  of  Massachusetts  and  New  York, 
near  the  dwelling  house  of  Truman  Tuttle,  in  Hillsdale,  on  said 
line  ;  thence  proceeding  on  the  most  favorable  route  to  the 
house  of  Peter  Johns,  in  West  Stockbridge,  thence  to  or  near 
the  house  of  John  Brown,  in  said  W.  Stockbridge,  thence  to 
or  near  Clark's  mills,  so  called,  in  Stockbridge,  thence  so  as  to 
intersect  the  Housatonuck  turnpike,  at  or  near  the  burying 
ground  on  Stockbridge  plain.  And  for  the  purpose  aforesaid, 
the  proprietors  aforesaid,  shall  have  all  the  powers  and  pri- 
vileges, and  shall  also  be  subject  to  all  the  duties,  requirements 
and   penalties    prescribed   and  contained   in   an    act,  entitled 

1804  ch.  125.  "  An  act  defining  the  general  powers  and  duties  of  turnpike 
corporations,"  passed  the  sixteenth  day  of  March,  one  thou- 
sand eight  hundred  and  five.  [June  20,  1807.1  See  act— 1817 
ch.  116. 


Chap,  39. 


Persflns  incor- 
porated. 


j^oute  and  di- 
rection. 


-1804  ch.  125. 


An  Act  to  establish   a  Corporation  by  the   name  of  the  Dalton  and  Middlefield 
Turnpike  Coiporation. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Christopher  Cary,  Samuel  Church,  Thomas  Mat- 
thews, Elijah  Loveland,  Levi  Loveland,  the  second,  Levi  Love- 
land,  Nathan  Warner,  Thomas  Wing,  Samuel  Wing,  David 
Kidder,  Jacob  Bow,  Gideon  Allen,  Benjamin  Peck,  William 
Sebley,  Isaac  Minor,  Jesse  Church,  Joseph  Wither,  jnn.  Noah 
Mosely,  Mark  Adams,  Phillip  Loveland,  Alfred  Loveland, 
Daniel  Button,  Elias  Bibcock,  Asa  Brown,  John  Morse,  jun. 
Elijah  Wing,  Samuel  Foot,  together  with  such  other*  as  may 
hereafter  associate  with  them,  their  successors  and  assis^ns,  be, 
and  they  are  hereby  made  a  corporation,  by  the  name  of  the 
Dalton  Turnpike  Corporation,  f  )r  the  purpose  of  laying  out 
and  making  a  turnpike  road,  on  the  nearest  and  most  con- 
venient route  from  the  turnpike  road,  leading  from  Pittsfield  to 
Washington,  in  the  county  of  Berkshire,  near  the  east  line  of 
said  Pittsfield,  through  parts  of  the  towns  of  Dalton,  Hinsdale 
9nd  Washington,  in  said  county  of  Berkshire,  and  so  far  into 
the  town  of  Middlefield,  in  the  county  of  Hampshire,  as  to  in- 
tersect the  turnpike  road  leading  from  Chester  to  said  Hins- 
dale, at  the  most  convenient  point  north  of  the  meeting  house 
in  said  Middlefield,  and  for  this  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties,  require- 
ments and  penalties,  contained  in  an  act,  entided  "An  act  de- 
fining 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. 


1907. Chap.  39— 40;  ,  I21r 

Sect.  2.  Be  it  further  enacted,  That  when  the  said  turn-  Tofl-Gates. 
p'ke  road  shall  be  approved  hy  the  committee  to  be  appointed 
by  the  Courts  of  Common  Pleas,  in  the  respective  counties 
through  which  said  road  shall  pass,  then  said  corporation  shall 
be  authorized  to  erect  one  full  toll  gate,  in  such  place  on  said 
turnpike  road  as  the  aforesaid  committees  shall  jointly  direct. 
[June  20,  1807.] 

An  Act   to  incorporate  a  number  of  the  Inhabitants  of  the  towns  of  Royalston    Qjidp,  40< 
and  Warwick,  into  a  Religious  Society  by  the  name  of  the  Baptist  Society  in  " 

Royalston. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Lemuel  Atherton,  Shubael  Blanding,  Nathan  Bliss,  Sil-  Persons incor- 
vanus  Bliss,  Nathan  Bullock,  Moulton  Bullock,  Jacob  Briggs,  po'^ted. 
John  Chamberlain,  Asahel  Davis,  Benjamin  Davis,  Joseph 
Davis,  Jonathan  Davis,  Squier  Davis.  David  Gale,  Ezra  GofF^ 
Lewis  Horton,  Abel  Jacobs,  Isaac  Jacobs,  John  Jacobs,  Tho- 
mas Jacobs,  Simeon  Jacobs,  jun.  Enoch  Kelton,  Nathan  Kelton, 
Rufus  Kelton,  James  Kelton,  James  Kelton,  jun.  Samuel  Le- 
sure,  Jonathan  Matthews,  Enos  Metcalf,  Michael  Metcalf,  Jo- 
seph Metcalf,  Peletiah  Metcalf,  Jabez  Pratt,  Solomon  Peck, 
2d,  John  Stockwell,  Elihu  Town,  Ephraim  Town,  Rufus  Tyler, 
Jacob  White,  Elisha  White,  jun.  Buel  While,  and  Jonathan 
"W^ilson,  with  their  families  and  estates,  together  with  such 
others  as  have  associated,  or  may  hereafter  associate  with 
them,  and  their  successors,  for  the  same  purpose,  and  in 
the  manner  hereafter  provided,  be,  and  they  are  hereby  in- 
corporated into  a  religious  society,  by  the  name  of  the  Baptist 
Society  in  Royalston,  with  all  the  privileges,  rights  and  im- 
munities to  which  other  parishes  are  entitled  by  the  Constitu- 
tion and  Laws  of  this  Commonwealth,  for  religious  purposes 
only. 

Sect.  2.  Be  it  further  enacted.  That  any  person,  in  either  Conditions  of 
of  the  said  towns  of  Royalston  and  Warwick,  aforesaid,  who  j^g°g"Q^^\"jy^ 
may  at  any  time  hereafter  desire  to  join  with,  and  actually  be- 
come a  member  of,  and  unite  in  religious  worship  with  the  so- 
ciety aforesaid,  and  give  in  his  or  her  name  to  the  clerk  of  the 
town  and  to  the  clerk  of  the  parish  to  which  he  or  she  may 
belong,  and  produce  a  certificate,  signed  by  the  minister  or 
clerk  of  the  said  Baptist  Society,  that  such  person  has  ac- 
tually become  a  member  of  and  united  in  religious  worship 
with  the  said  Baptist  Society  in  Royalston,  fifteen  days  pre- 
vious to  the  annual  town  meeting,  such  person  shall,  from  and 
after  the  date  of  such  certificate,  with  his  or  her  polls  and  es- 
tate, be  considered  as  belonging  to  the  said  Baptist  Society : 
Provided,  hotoever,  that  such  person  shall  be  held  to  pay  his  or 
her  proportion  of  all  money  assessed  in  the  Society  to  which 
such  person  formerly  belonged. 

Sect.  3.     Be  it  further  enacted.  That  whenever  any  mem-  —of leaving 
ber  of  the  said  Baptist  Society   shall    see  cause   to  leave  the  *  ^  societj. 
same,  and  to  unite  with  another  religious  society,  in  the  town  in 
which  he  or  she  may  reside,  and  shall  declare  such  intention  in 

VOL.  IV.  16 


122 


1807. 


Chap.  40—41. 


Justice  to  issue 
warrant. 


Chap.  41. 

1804  ch.  26. 
(V.  3.  p.  4G3.) 


Conditions  of 
belonging  to 
the  society. 


Proviso. 


—  of  leaving 
the  societ)'. 


writing,  and  deliver  the  same  to  the  minister  or  clerk  of  said 
Baptist  Society,  and  also  leave  a  copy  of  the  same  with  the 
clerk  of  the  town  in  which  he  or  she  may  reside,  and  also  with 
the  clerk  of  the  parish  in  said  town  to  which  he  or  she  may 
intend  to  be  united,  fifteen  days  previous  to'  the  annual  town 
meeting,  and  shall  pay  his  or  her  proportion  of  all  money  as- 
sessed in  said  society,  previous  thereto,  such  person,  wi'h  his 
or  her  polls  and  estate,  shall  from  and  after  the  date  of  such 
declaration  be  considered  as  belonging  to  the  parish  to  which 
such  person  may  intend  to  be  united  as  aforesaid. 

Sect.  4.  And  be  it  further  enacted^  That  either  of  the  Jus- 
tices of  the  Peace  for  the  county  of  Worcester,  be,  and  is  here- 
by authorized  upon  application  therefor,  to  issue  a  warrant, 
directed  to  some  member  of  the  said  Baptist  Society,  requiring 
him  to  notify  and  warn  the  members  thereof,  to  meet  at  such 
convenient  time  and  place  as  he  shall  appoint  in  the  said  war- 
rant, to  choose  such  officers  as  parishes  in  this  Commonwealth 
are  by  law  empowered  to  choose  at  their  annual  parish  meet- 
ings.    [June  20,  1807.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  a  number  of  per- 
sons in  ihe'towns  of  Edgartown,  Chilniark  and  Tisbury,  into  a  Religious  Society 
in  Tisbury." 

Sect.  1 .  BE  it  enacted,  by  (he  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  any  person  belonging  to  either  of  the  said  towns  . 
of  Edgartown,  Chilmark  or  Tisbury,  who  may  at  any  time 
hereafter  desire  to  join  with  the  said  Baptist  Society  in  Tisbu- 
ry, and  shall  declare  such  their  intention  in  writing,  and  de- 
liver the  same  to  the  clerk  of  the  town,  and  a  copy  of  the  same 
to  the  minister  or  clerk  of  the  parish  in  which  he  or  she  may 
reside,  on  or  before  the  first  day  of  March,  in  the  year  when 
such  application  shall  be  made,  and  at  the  same  time  produce 
a  certificate  of  their  being  united  and  having  become  a  mem- 
ber of  said  society,  signed  by  the  minister  or  clerk,  and  two  of 
the  committee  of  the  said  Baptist  Society,  such  person  shall, 
from  and  after  the  date  of  such  declaration,  with  his  or  her 
polls  and  estate  be  considered  a  member  of  said  society  :  Pro- 
vided hozcever,  That  such  person  shall  be  held  to  pay  his  or  her 
proportion  of  all  money  legally  assessed  in  said  parish,  to 
which  such  person  formerly  belonged. 

Sect.  2.  Be  it  further  enacted,  That  whenever  any  mem- 
ber of  the  said  Baptist  Society  shall  see  cause  to  leave  the 
same,  and  to  unite  in  religious  worship  with  any  other  religious 
society  in  the  town  in  which  he  or  she  may  reside,  and  shall 
declai-e  such  their  intention  in  writing,  and  deliver  the  same  t» 
the  minister,  or  clerk  and  committee  of  the  said  Baptist  Society^ 
and  shall  deliver  a  copy  of  the  same  to  the  clerk  of  the  town, 
on  or  before  the  first  day  of  Blarch,  in  the  year  Avhen  such  per- 
son shall  apply  to  be  dismissed  or  discharged  from  the  said 
Baptist  Society,  and  at  the  same  time  shall  produce  a  certifi- 
cate in  writing,  signed  by  the  minister  or  clerk,  and  two  of  the 
committee,  certifying  that  he  or  she  hath  actually  become  a 
member  of  said  religious  society,  or  hath  united  in  religious 


1807. Chap.  41—43.  J  23 

worship  with  said  society,  in  the  town  where  he  or  she  may 
dwell,  such  person  shall,  from  and  after  the  date  of  such  decla- 
ration, with  his  or  her  polls  and  estate,  be  considered  a  member 
of  said  society,  to  which  he  or  she  has  so  united  :  Provided 
however,  That  such  person  shall  be  held  to  pay  his  or  her  pro- 
portion of  all  money  legally  assessed  by  said  Baptist  Society, 
while  he  or  she  was  a  member  thereof.     [June  20,  1807.] 

An  Act  to  incorporate  Aaron  Newhall  and  others,  by  the   name  of  The  Lynn   Qfiap,  43. 
Long  Wharf  Company. 

WHEREAS,  Aaron  Newhall,  and  others  his  associates,  are  Preamble, 
owners  of  a  wharf  in  Lynn,  in  the  county  of  Essex,  and  a  road 
leading  thereto,  at  a  place  called  Black  Marsh  ;  and  said  pro- 
prietors being  desirous  of  extending  their  said  wharf  beyond 
the  present  limits  thereof,  for  the  purpose  of  coming  into  deeper 
water,  and  of  better  accommodating  themselves  with  room  to 
land  lumber  and  other  articles : — 

Sect.  1 .  Be  it  therefore  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Aaron  Newhall,  Henry  Oliver,  Amos  Rhodes,  Sam-  Persons  incor- 
uel  Chase,  Aaron  Breed,  Theophilus  Breed,  jun.  and  James  por^ted. 
Gardiner,  Esq.  of  Lynn,  and  Jonathan  Bufftim,  of  Salem,  and  all 
other  persons  who  may  hereafter  become  partners  in  said  com- 
pany, be,  and  they  hereby  are  made  and  constituted  a  body 
politic  and  corporate  by  the  name  of  "The  Lynn  Long  Wharf 
Company,"  and  by  that  name  may  sue  and  be  sued,  in  all  ac- 
tions real,  personal  or  mixed,  to  final  judgment  and  execution, 
and  may  do  and  suffer  all  acts,  matters  and  things,  which  bo- 
dies politic  may  or  ought  to  do  and  sniTer,  and  may  have  and 
use  a  common  seal,  and  the  same  may  break  and  alter  at  plea- 
sure :  Provided  however.  That  any  proprietor,  alienating  his  Proviso. 
share  or  shares  in  said  company,  shall  thereupon  in  respect 
thereto,  cease  to  be  a  member  of  said  corporation  ;  and  the  as- 
signee thereof,  and  his  heirs  and  assigns  shall  be  in  respect  there- 
to, thenceforward  a  member  of  said  corporation,  vested  with 
all  the  rights,  and  subject  to  all  the  duties,  penalties  and  pay- 
ments which  the  assignor  thereof  was,  or  might  have  been  vest- 
ed with  or  liable  to. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation  Proprietors 
shall  have  power  and  is  hereby  authorized  to  extend  their  said  empowered, 
wharf  to  low  water  mark,  whenever  they  shall  deem  it  neces- 
sary for  the  purposes  aforesaid,  provided  said  corporation  are 
or  may  be  the  owners  of  land  or  flats  upon  which  said  wharf 
may  be  built,  the  expense  thereof  to  be  defrayed  iiy  augment- 
ing the  present  number  of  shares,  or  by  a  tax  on  the  proprie- 
tors, as  they  shall  judge  best,  to  be  determined  by  Aote  of  the 
proprietors,  as  hereafter  provided  in  this  act. 

Sect.  3.     Be  it  further  enacted.  That  the  property  of  said  Property  divid- 
corporation  shall  be,  and  hereby  is  divided  into  fifty-six  shares,  ^^  '"'"  shares, 
and  that  said  corporation  shall  have  power,  and  is  hereby  au- 
thorized to  augment  said  number  of  shares  to  one   hundred 
shares,  and   to  sell  said  additional  number  of  shares  at  public 
auction,  to  the  highest  bidder,  and  that  the  money  arising  from 


124 


1807. 


Chap.  43. 


Corporation 
further  empow 
ered. 


—  to  choose 
()fficers. 


—  toca]l  meet- 
ings. 


Proviso. 


Shares  may  be 
alienated. 


jpelinquentS. 


the  sales  of  said  additional  shares,  shall  be  appropriated  sole- 
ly to  the  making  such  additions  to  said  wharf  as  the  proprie- 
tors shall  judge  most  convenient,  and  that  said  shares  shall  be 
numbered  in  progressive  order,  beginning  at  number  one,  and 
every  original  member  thereof  shall  have  a  certificate  under 
the  seal  of  said  corporation,  and  signed  by  the  treasurer,  cer- 
tifying his  property  in  said  wharf,  as  shall  be  expressed  in  said 
certificate. 

Sect.  4.  Be  it  farther  enacted,  That  after  such  additional 
shares  shall  be  made,  that  said  corporation  shall  have  power, 
and  they  are  hereby  authorized  to  make  such  repairs,  altera- 
tions and  further  additions  to  said  wharf,  as  they  from  time  to 
time  shall  deem  necessary,  and  that  the  expense  thereof  be  de- 
frayed by  a  tax  on  ihe  shares  in  said  corporation  ;  provided, 
that  no  grant  shall  be  made  exceeding  ten  dollars  on  one  sin- 
gle share,  for  additions  to  said  wharf  in  any  one  year. 

Sect.  5.  Be  it  further  enacted,  That  said  corporation  shall 
have  power,  from  time  to  time,  at  any  legal  meeting,  to  choose 
a  clerk,  who  shall  be  sworn,  or  affirmed  by  a  Justice  of  the 
Peace  of  said  county,  to  the  faithful  performance  of  his  duty; 
they  shall  also  choose  a  treasurer,  wharfinger,  and  such  other 
officers  as  to  said  corporation  shall  appear  necessary  for  the 
management  and  government  thereof;  and  each  member  of 
said  corporation,  shall  have  one  vote  for  each  share  not  ex- 
ceeding ten,  and  no  member  shall  be  allowed  more  than  ten 
voles,  and  any  member  may  appear,  at  any  meeting,  or  vote 
by  proxy  ;  and  the  said  corporation,  at  any  legal  meeting,  may 
establish  a  mode  for  calling  meetings,  also  the  rates  of  wharfr 
age  and  dockage,  and  may  make  reasonable  rules  and  by-- 
laws, for  the  governing  the  affairs  of  said  corporation,  and  the 
same  may  repeal  at  pleasure  :  Provided,  That  the  same  rules 
and  by-laws  shall  not  be  repugnant  to  the  constitution  and  laws 
of  this  Commonwealth,  and  provided  that  the  proprietors  of 
forty  shares  of  the  present  number  fifty-six,  or  of  seventy 
shares,  when  said  number  shall  be  augmented  to  one  hundred 
shares,  shall  assent  thereto.  But  it  shall  be  lawful  to  choose 
a  clerk  and  other  officers  when  necessary,  by  the  majority  pre?- 
sent  at  any  legal  meeting  for  that  purpose,  any  thing  herein  to 
the  contrary  notwithstanding. 

Sect.  6.  Be  it  firther  enacted,  That  any  share  may  be 
alienated  by  the  proprietor  theref)f,  by  a  deed  under  his  hand 
and  seal,  and  acknowledged  before  some  Justice  of  the  Peace, 
and  recorded  by  the  clerk  of  said  corporation,  in  a  book  to  be 
kept  for  that  purpose,  and  any  purchaser,  shewing  to  the  trea- 
surer such  deed  so  recorded,  and  delivering  up  to  him  the 
former  certificau,  shall  be  entitled  to  a  new  certificate,  execute 
ed  in  the  form  aforesaid,  certifying  the  property  in  such  share 
to  be  in  such  purchaser. 

Sect.  7.  Be  it  further  enacted,  That  whenever  any  propriev 
tor  shall  neglect  or  refuse  to  pay  any  tax,  duly  voted  and 
agreed  upon  by  the  corporation,  to  their  treasurer,  within  for- 
ty days  after  the  time  set  for  the  payment  thereof,  the  trea* 


1 807. Chap.  43—45.  125 

surer  of  said  corporation  is  hereby  authorized  to  sell  at  public 
"vendue,  the  share  or  shares  of  such  delinquent  proprietor,  one 
or  more,  as  shall  be  sufficient  to  defray  said  taxes  and  neces- 
sary incidental  charges,  after  duly  notifying  in  some  newspa- 
per printed  in  Boston  or  Salem,  the  sum  due  on  any  such 
shares,  and  the  time  and  place  of  sale,  at  least  fourteen  days 
previous  to  the  time  of  sale,  and  such  sale  shall  be  a  sufficient 
transfer  of  the  share  or  shares  so  sold  to  the  person  purchas- 
ing, and  on  producing  a  certificate  of  such  sale,  from  the  trea- 
surer, to  the  clerk  of  said  corporation,  the  name  of  such  pur- 
chaser, 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  pro- 
prietor thereof;  and  the  overplus,  if  any  there  be,  shall  be 
paid  on  demand  by  the  treasurer  to  the  person  whose  shares 
were  thus  sold. 

Sect.  8.  And  be  it  further  enacted,  That  the  first  meeting 
of  s;iid  corporation  shall  be  called  by  a  warrant  issued  by  a  Justice  to  issue 
Justice  of  the  Peace,  and  that  any  Justice  of  the  Peace  in  said  *  warrant, 
county,  to  whom  application  shall  be  made  by  any  three  of  the 
present  proprietors  for  the  purpose,  shall  be  authorized  to  issue 
his  warrant,  directed  to  some  one  of  the  said  proprietors,  to 
call  their  said  first  meeting. 

Sect.  9.     And  be  it  further  enacted.  That  the  Legislature  of  Subject  to  al- 
this  Commonwealth  may,  at  any  time  after  the  expiration  of  deration, 
ten  years  from  the  passing  of  this  act,  alter,  amend  or  repeal 
the  same,   as   they   shall  judge  to  be  necessary.     [June  20, 
1807.]  ^ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the  Trustees  of  the   Minis-    C/lflp.  45. 
terial  Funds  of  the  Congregational  Society  in  the  Town  of  Maiden,  in  the  Coun- 
ty of  Middlesex. 

WHEREAS,  sundry  grants  and  donations  in  real  and  per-  preamble, 
sonal  estate  have  been  made  to  the  town  of  Maiden,  the  rents 
and  profits  thereof  to  be  solely  and  forever  applied  to  the  sup- 
port of  the  ministry  of  the  Congregational  Society  in  said 
town  ;  and  whereas  many  and  great  inconveniences  have  arisen 
in  the  present  mode  of  executing  these  generous  and  pious  de-  <- 

signs  : 

Sect.  1 .  Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by  the  authority 
of  the  same,  That  Bernard  Green,  Esq.  Stephen  Paine,  jun.  Na-  Persons  incor- 
ihan  Nichols,  William  Emerson,  and  Henry  Gardner,  be,  and  porated. 
they  hereby  are  constituted  a  body  politic  and  corporate,  by 
the  name  of  the  Trustees  of  Maiden  Ministerial  Funds,  and 
they  and  their  successors  shall  continue  a  body  politic  and  cor- 
porate by  that  name  forever ;  and  by  the  same  name  may  sue 
and  be  sued  in  all  actions,  and  pursue  and  defend  the  same,  to 
final  judgment  and  execution. 

Sect.  2.     And  be  it  further  enacted,    That  the  aforesaid  trus- 
tees be,  and  hereby  are  vested  with  full  power  to  receive  into  —Empowered, 
their  hands  all  monies,  grants,  donations,  and  securities  for  es- 
tates real  or  personal,  already  raised,  and  all  monies,  subscrip- 


126  1807. Chap.  45. 

tions,  donations,  and  securities  for  real  or  personal  estates  that 
may  hereafter  be  given,  raised,  or  subscribed  for  the  purpose 
aforesaid,  to  any  amount  not  exceeding  fifteen  thousand  dol- 
lars, and  may  sell  and  convey  "by  good  and  well  authenticated 
deeds,  any  lands  and  tenements,  whereof  the  fee  may  vest  in 
them,  by  virtue  of  mortgage  or  execution. 
Authorized  to        Sect.  3.     j^nd  be  it  further  enacted,    That  the  said  trustees 
choose  officers,  may  assemble  and  meet  together,  as  often  as  they  maj'  think 
ca^^  mee  mgs,    j^gcgg^gry,  for  the  promoting  of  their  trust,  any  three  of  whom 
shall  constitute  a  board  for  doing  business,  but  the  concurrence 
of  three  at  least  shall  be  requisite  to  ev^ery  act  and  proceeding 
whatever,  they  may  determine  the  manner  of  calling  meetings, 
they  may  appoint  a  president,  clerk  and  treasurer,  an  agent  or 
*        agents,   and  other  needful  officers  and  committees,  they  may 
make  reasonable  rules,  regulations  and  by-laws,  and  annex  pe- 
nalties for  the  breach  thereof,  not  repugnant  to  the  laws  of  this 
Commonwealth,  they  may  have  a  common  seal,   and  change 
the  same  at  pleasure. 
Duty  of  the  Sect.  4.     And  be  it  further  enacted,    That  the  clerk  of  said 

clerk  corporation,  who  shall  be    a    member  thereof,  and   shall  be 

sworn  to  the  faithful  discharge  of  his  office,  shall  have  the  care 
and  custody  of  all  records  and  documents  belonging  to  said 
trustees,  and  shall  carefully  and  fairly  record  all  their  votes 
and  proceedings  ;  also,  a  statement  of  their  funds  and  estate  in 
their  hands,  wherein  shall  be  particularly  designated  the  na- 
ture and  amounts  of  each  original  grant  or  donation,  the  period 
when  made,  the  donor's  or  grantor's  name,  and  place  of  abode 
at  large,  with  such  other  circumstances  as  may  be  thought  use- 
ful or  proper,  to  distinguish  the  same,  and  perpetuate  the  re- 
membrance thereof  in  a  book  kept  for  such  purpose,  and  shall 
certify  the  same  when  thereunto  required,  and  do  whatever 
else  may  be  incumbent  to  said  office,  and  if  he  shall  neglect  so 
to  do,  or  to  deliver  up  to  his  successor  in  office  as  soon  as  re- 
quired, all  the  records  and  documents  in  his  hands,  in  good  or- 
der and  condition,  he  shall  forfeit  and  pay  a  fine  of  fifty  dol- 
lars, and  thirty  dollars  for  every  month's  detention  after- 
wards. 

Sect.  5.  And  be  it  further  enacted,  That  the  treasurer  of 
said  trustees,  who  shall  be  a  member  thereof,  and  shall  be 
sworn  to  the  faithful  discharge  of  the  duties  of  said  office,  shall 
be  the  receiver  of  all  money  and  effects  due,  owing  and  coming 
to  them,  and  may  demand,  sue  for  and  recover  the  same  in 
their  name,  unless  prohibited  by  them,  and  he  shall  have  the 
care  and  custody  of  money  and  effects,  obligations  and  securi- 
ties for  the  payment  of  money  and  other  things,  and  all  evi- 
dences of  property  belonging  to  said  trustees,  and  be  accounta- 
ble to  them  therefor,  and  shall  dispose  of  the  same  as  they 
shall  order  and  direct,  and  shall  render  an  account  of  his  do- 
ings, and  exhibit  a  fair  and  regular  statement  of  the  property 
and  evidences  of  property  in  his  hands,  when  they  shall  require 
the  same  to  be  done,  and  he  shall  deliver  up  to  his  successor 
in  office,  all  the  books  and  papers,  property  and  evidences  of 


1807. Chap.  45.  127 

property  in  his  hands,  in  good  order  and  condition,  and  if  he 
shall  fail  so  to  do,  for  the  space  of  thirty  days  after  his  succes- 
sor shall  have  been  duly  appointed  and  qualified,  he  shall  for- 
feit and  pay  a  fine  of  fifty  dollars,  and  the  further  sum  of 
thirty  dollars  per  month,  for  such  failure  or  neglect  after- 
wards. 

Sect.  6.     And  be  it  further  enacted,  That  it  shall  be  the  du-  Trustees  to 
ty  of  said  trustees,  to  use  and  improve  such  funds  or  estate  as  »^prove  funds, 
shall  be  vested  in  them   by  virtue  of  this   act,  with  care  and 
vigilance,  either  by  loaning  the  sum  upon  interest,  or  vesting  it 
in  public  securities  or  bank  stock,  so  as  best  to  promote  the 
design  thereof,  and  they  shall  be  amenable  to  said  town  for 
negligence  or  misconduct  in  the  management  thereof,  whereby  —Liable in 
the  same  shall  be  impaired,  or  suffer  loss,  waste  or  diminution,  case  of. 
and  the  inhabitants  of  said  town,  may  have  and  maintain  a  spe- 
cial action  of  the  case  against  the  proper  persons  of  said  trus- 
tees, and  their  goods  and  estate,  jointly  and  severally,  for  such 
negligence  or  misconduct,  and  recover  adequate  damage  there- 
for, and  any  sum  so  recovered  shall  be  deemed  to  the   benefit 
of  said  funds,  and  shall  be  paid  to  said  trustees,  who  may  have 
an  action  of  debt  therefor  accordingly. 

Sect.  7.  And  be  it  further  enacted,  That  when  said  trus-  —Limited  in 
tees  shall  loan  any  money  belonging  to  said  funds  on  private  loaning  money, 
obligation,  it  shall  be  in  sums  of  not  less  than  two  hundred  dol- 
lars each,  and  for  the  term  of  one  year,  upon  the  bond  or  note 
of  the  borrower,  with  security  to  the  satisfaction  of  said  trus- 
tees, for  the  repayment  of  the  principal  sum,  with  interest  an- 
nually till  paid  ;  and  if  any  debtor  to  said  corporation  shall 
fail  to  pay  the  interest  due  on  his  bond  or  note,  for  the  space 
of  thirty  days  after  the  same  shall  become  due,  it  shall  be  the 
duty  of  said  trustees,  to  cause  such  bond  or  note  to  be  put  in 
suit,  and  prosecuted  until  it  shall  be  obtained. 

Sect.  8.  And  be  it  further  enacted,  That  if  said  trustees  shall  Penalty  in  case 
fail  to  pay  the  annual  income  of  said  funds  to  the  settled  min-  of  neglect. 
ister  of  the  Congregational  society  in  said  town,  towards  his  sa- 
lary, or  to  defray  the  expense  of  public  worship,  when  they 
shall  be  destitute  of  a  settled  minister,  within  thirty  days  after 
the  same  shall  become  payable  as  aforesaid,  or  neglect  to  make 
report  annually  in  the  month  of  May,  previous  to  a  choice  of 
trustees  to  said  town,  or  to  a  committee  chosen  for  that  purpose, 
of  what  funds  and  estate  they  actually  hold,  and  by  what  ten- 
ure ;  what  money  and  eff'ects  are  due  to  them,  and  how  the 
same  are  secured,  and  what  receipts  have  been  obtained,  dis- 
bursements made  hy  them  the  preceding  year ;  they  shall  sev- 
erally forfeit  for  each  offence,  the  sum  of  twenty  dollars,  and 
the  further  sum  of  thirty  dollars  per  month  afterwards,  until 
they  shall  make  payment  of  said  income  as  aforesaid,  saving 
always  that  said  trustees  shall  not  be  liable  to  the  forfeiture 
aforesaid,  for  non-payment  of  said  income,  if  they  shall  prose- 
cute as  before  in  this  act  provided,  within  thirty  days  after  the 
same  shall  become  due  for  the  recovery  thereof. 

Sect.  9.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  Trustees  clect- 
the  said  town  of  Maiden  annually,  in  the  month  of  May,  to  ed  annually. 


125  1807. Chap.  45—48. 

choose  by  ballot,  such  persons  as  they  shall  think  proper,  t^ 
the  number  of  five,  to  office  of  trustees,  providing  no  person 
shall  be  eligible  to  said  office,  or  have  a  right  to  vole  in  the 
choice  thereof,  who  shall  not  be  a  member  of  the  Congrega- 
tional society  in  said  town. 

Sect.  10.  And  he  it  further  enacted^  That  the  said  trustees 
General  care  shall  have  custody  of  the  meeting-house,  belonging  to  the  Con- 
«!e  truste"s!  °  grcgational  society  in  said  town,  and  the  parsonage  buildings, 
and  make  all  necessary  repairs  thereon,  provided  (he  amount 
of  such  repairs  do  not  exceed  the  sum  of  fifty  dollai^s,  at  any 
one  time,  and  state  to  the  assessors  of  said  town,  the  amount  of 
such  repairs  and  other  contingent  expenses  of  said  society ;  and 
the  sum  necessary  in  addition  to  the  proceeds  of  their  funds, 
to  make  up  the  minister's  salary,  which  sums  said  assessors- 
shall  assess  upon  the  polls  and  estates  of  those,  who  are  mem- 
bers of  said  Congregational  society,  and  commit  the  s^me  unto 
the  collector  or  collectors  of  said  town,  to  be  by  him  or  them 
collected  and  paid  to  the  treasurer  of  said  trustees,  who  is  vest- 
ed with  the  same  power  in  case  of  neglect  or  delinquency  of 
such  collector  or  collectors,  as  town  treasurers  have  in  like  ca- 
ses, said  sums  to  be  by  him  paid  out,  to  defray  those  expenses, 
for  neglect  of  which  he  is  subject  to  the  same  penalties  as  he 
is  under  in  the  fifth  section  of  this  act. 

Sect.  11.  And  be  it  further  enacted,    That  the  said  trustees 

Comperisated     shall  be  entitled  to  receive  a  reasonable  compensation  for  their 

or  services.       services,  in  managing  and  taking  care  of  said  funds  and  estate, 

but  no  part  of  such  funds  or  estate,  or  the  income  thereof,  shall 

ever  be  appropriated  to  that  purpose. 

Sect.  12.  And  be  it  further  enacted^  That  Bernard  GreerF, 
B.  Green,  Esq.  Egq,  jg  hereby  authorized  and  directed  to  appoint  the  time  and 
meethi"'."     "^     placc  for  holding  the  first  meeting  of  said  trustees,  and  to  warn 
such  meeting  accordingly.     [Jime  20,  1807.] 

Chan    48  •^"  ■^^^  ^°  incorporate  a  part  of  the  towns  of  Boylston,  Holden  and  Sterling,  into 

•*  *         '  a  separate  town,  by  the  name  of  West  Boylston. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  tract  of  land,  described  within  the  following  bounda- 
ries, w^ith  the  inhabitants  thereon,  be,  and  they  are  hereby  in- 
corporated into  a  separate  town,  by  the  name  of  West  Boyls- 
Boundaries.  ton,  viz. — Beginning  at  a  black  birch  tree,  on  Shrewsbury  line, 
at  the  south  end  of  the  centre  line  of  Maiden  farm,  so  called ; 
ihence,  on  said  centre  line,  to  a  corner  of  the  second  precinct 
in  Boylston,  near  the  dwelling-house  of  Reuben  Dnnton  ;  from 
thence,  following  the  line  between  the  said  first  and  second 
precincts  in  Boylston,  to  Sterling  line;  thence,  on  Sterling  line, 
to  a  heap  of  stones,  a  corner  of  said  precinct ;  thence,  angling 
as  the  line  now  runs,  between  the  first  and  second  precincts  in 
said  Sterling,  to  Holden  line ;  thence,  from  said  Holden  line, 
one  hundred  rods,  to  a  heap  of  stones,  a  corner  of  said  first  and 
second  precincts  in  Holden  ;  thence  on  the  line  between  the 
said  first  and  second  precincts  in  Holden,  to  an  apple  tree,  on 
Worcester  line,  near  the  dwelling  house  of  Artemas  Bartlett ; 


1807. Chap.  48.  129 

thence^  angling  on  the  town  lines  of  Worcester  and  Shrewsbu- 
ry, to  the  iirst  mentioned  bound  :  And  the  said  town  of  West- 
Boylston,  shall  have  and  exercise  all  the  rights,  powers  and 
privileges,  and  be  subject  to  all  the  duties  which  appertain  to 
other  towns,  according  to  the  constitution  and  laws  of  this  Com- 
monwealth. 

Sect.  2.  And  be  it  further  enacted,  That  any  persons,  with  Certificates  re- 
their  respective  families  and  estates,  who  dwell  within  the  li-  quisite. 
mits  of  the  said  town  of  West  Boylston,  and  who  were  not  ori- 
ginally incorporated  in  said  second  precinct,  by  the  provisions 
in  said  act,  and  who  shall  choose  to  belong  to  the  town  to 
which  such  persons  now  belong,  and  shall  certify  such  choice 
in  writing,  to  the  clerk  of  said  town  of  West  Bo_ylston,  within 
six  months  from  the  first  Monday  in  March  next,  such  persons, 
who  so  certify,  shall  continue  to  be  inhabitants  of  such  towns 
respectively,  according  to  such  choice. 

Sect.  3.   Be  it  further  enacted,  That  the  inhabitants,  dwelling 
within  that  part  of  the  town  of  Sterling,  which  is   by  this  act 
made  part  of  the  town  of  West  Boylston,  shall  have  their  equal  Public  property 
proportion  of  all  the  public  property  of  the  town  of  Sterling,  equally  divi- 
(excepting  real  estate,  weights  and   measures)   and   shall   pay  '^^''• 
their  proportionate  part  of  all  the  state,  county  and  town  taxes, 
and  other  taxes  and  debts  due  from  the  town  of  Sterling,  pre- 
vious to  the  first  Monday  of  March  next,  according  to  the  pro- 
portions in  which  they  have  heretofore  paid   all  public  taxes,  See  isio  ch.  7. 
and  town  debts  ;  and  the  said  inhabitants  shall  support  their 
due  proportion  of  the  poor  persons,  who  are  now  supported  by 
the  town  of  Sterling  :  And  that  any  person  who  may  have  gain- 
ed an  inhabitancy  at  any  time  before  the  said  first  Monday  of 
March  next,  within  that  part  of  either  the  said  towns,  which  is 
by  this  act  incorporated  into  the  town  of  West  Boylston,  and  .    . 

who  shall  hereafter  need  to  be  supported  as  poor  persons,  shall  po^or  to*  be 'sup- 
be  supported  by  the  town  of  West  Boylston.      And   in    the    fu-  ported  by  West 
ture  proportion  of  state  taxes,  until   a   new  general  valuation  ^°y^*'°"* 
shall  be  made,  twenty-seven  cents  shall  be  taken  from  the  town 
of  Sterling,  as  il  stands  in  the  aggregate,  and  set  to  the  town  of 
West  Boylston  ;  and  thepay  of  representatives  shall  be  adjust- 
ed in  the  same  proportion,  until  this  act  shall  be  in  force. 

Sect.  4.  Be  it  further  enacted,  That  all  that  part  of  the  town  Town  property 
of  Holden,  which  is  by  this  act  made  part  of  the  said  town  of  — poof,  a^id 
West  Boylston,  shall  not  be  entitled  to  any  part  of  the  public  ted.       *^ 
property  of  the  town  of  Holden,  nor  chargeable  with  any  part 
of  the  expense  of  supporting  those  poor  persons  who  are  now 
supported  by  said  town  ;  and   any  person  who  hath,  or  who 
may  hereafter  gain  an  inhabitancy  or  settlement  intliat  part  of 
Holden,   which  is  by  this  act  made  part  of  the  town  of  West 
Boylston,  shall  be  supported  by  the  said  town  of  West  Boyls- 
ton ;  and  all  monies  now  raised,  or  which  may  be   hereafter 
raised,  for  public  purposes,  and  all  tax  bills,  which  may  be  sent 
by  legil  authority,  to  said   town,  before   the   first   Monday  in 
M:  rch  next,  shall  be  assessed  and  paid  in  the  same  manner  as 
though  this  act  had  not  passed.     And  in  the  future  proportion 

VOL,  IV.  17 


130  1807. Chap.  48—50. 

of  state  taxes,  previous  to  a  new  general  valuation,  there  shall 
be  seventeen  cents  deducted  from  the  town  of  Holden,  as  it  now 
stands  in  the  aggregate,  and  set  to  the  said  town  of  West  Boyls- 
ton.  And  the  expense  of  representative,  until  this  act  shall  be 
in  force,  shall  be  paid  by  the  said  towns  of  Holden  and  West 
Boylston,  in  the  same  proportion  Avhich  they  have  heretofore 
paid. 

Sect.  5.  Be  it  further  enacted,  That  the  said  town  of  West 
Boylston  shall  receive  and  support  four  tenths  of  the  poor  per- 
sons now  chargeable  to  the  town  of  Boylston  ;  and  that  they 
shall  receive  the  same  proportion  of  all  the  military  stores,  and 
School  fund,  of  all  monlps  in  the  treasury  of  said  town,  excepting  the  dona- 
tion from  Ward  Nicholas  Boylston,  Esq.  as  a  fund  for  the  sup- 
port of  schools  in  said  town.  And  the  said  town  of  West  Boj^ls- 
ton  shall  pay  their  proportion  of  all  debts  and  taxes  now  due, 
and  owing  by  the  said  town  of  Boylston,  previous  to  this  act 
being  in  force ;  and  until  a  general  valuation  shall  take  place, 
of  the  proportion  in  the  state  tax,  seventy-six  cents  shall  be  ta- 
ken from  the  town  of  Boylston,  as  it  stands  in  the  aggregate, 
and  set  to  the  town  of  West  Boylston  ;  and  the  exp-^nse  of  re- 
presentative, shall  be  paid  in  the  proportion  in  which  it  has 
been  heretofore  paid. 

Sect.  6.  Be  it  further  enacted,  That  the  provisions  in  the 
fourth  section  of  this  act,  concerning  inhabitancy,  shall  have  an 
equal  and  uniform  effect  and  operation,  alike  to  the  several 
towns  mentioned  in  this  act. 

Sect.  7.  Be  it  further  enacted,  That  either  of  the  Justices  of 
the  Peace  for  the  countj'- of  Worcester,  be,  and  he  is  hereby 
authorized  to  issue  a  warrant,  directed  to  some  inhabitant  of 
the  town  of  West  Boylston,  requiring  him  to  notify  and  warn 
the  inhabitants  thereof,  to  meet  at  such  time  and  place  as  shall 
be  appointed  in  said  warrant,  for  the  choice  of  all  such  officers 
as  towns  are  by  law  empowered  to  choose  at  their  annual  town 
meetings. 

Sect.  8.  Be  it  further  enacted,  That  this  act  shall  be  in  force, 
and  operate  on  the  first  Monday  of  March,  which  will  be  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  eight.  [Jan, 
30,  1808.]     Add.  act— 1810  ch.  7". 

Chctp»  60.  -^^  A.CT  to  establish   the  Nashua  Turnpike  Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled  and  by  the  authority  of  the  same,  I'hat 
Zabdiel  Boylston  Adams,  Itharaer  Beard,  Wallis  Litde,  and 
Josiah  Sterns,  together  with  such  others  as  may  hereafter  as- 
sociate with  them,  their  successors,  or  assigns,  be,  and  they 
are  hereby  made  a  corporation  by  the  name  of  the  Nashua 
Turnpike  Corporation,  for  the  purpose  of  locating,  making,  and 
keeping  in  good  repair,  a  turnpike  road  :  Beginning  near  the 
house  of  Deacon  John  White,  on  Concord  common  ;  thence 
through  the  westerly  part  of  Concord,  the  northerly  part  of 
Acton,  the  southerly  part  of  Littleton,  and  the  southerly  part 
of  Groton,  to  the  east  line  of  Shirley  near  the  bridge,  called 
Page's  bridge  ;  and  for  this  purpose  shall  have  all  the  powers 


Justice  to  issue 
a  warrant. 


1807. . Chap.  50—52.  131 

and  privileges,  and  shall  also  be  subject  to  all  the  duties,  re- 
quirements, and  penalties  prescribed  and  contained  in  an  act, 
entitled,  "  An  act  defining  the  general  powers  and  duties  of  jg^^  ^j^  ^^^ 
Turnpike  Corporations ;"  passed  the  sixteenth  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  five, 
and  in  any  other  act  or  acts,  which  may  be  passed  regulating 
or  defining  the  general  powers  and  duties  of  Turnpike  Cor- 
porations.    [Feb'.  8,  1808.]     Add.  act 1808  ch.  4. 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  establish  the  Petersham  Chap.  51. 
and  Monson  Turnpike  Coiporation  ;"  passed  February  28th,  A.  D.  1804,  and  1803  ch.  95. 
in  addition  to  one  other  Act,  passed  19th  June,  1807.  (V.  3.  p.  337.) 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in  ^^^'  '^^'  '' 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
a  further  time  of  one  year  from  and  after  the  nineteenth  day 
of  June,  one  thousand  eight  hundred  and  eight,  be  allowed  to 
said  Turnpike  Corporation  for  completing  said  road,  any  thing 
contained  in  the  act  or  acts  aforesaid,  to  the  contrary  notwith- 
standing.    [Feb.  9,  1808.] 

An  Act  to  incorporate  a  bociety  by  the  name  of  the  Massachusetts  Missionary  Chap*  52. 
Society. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  aiid  by  the  authority  of  the 
eame.  That  the  Rev.  Daniel  Hopkins,  the  Rev.  Samuel  Spring,  Persons  incor- 
Mr.  Henry  Gray,  the  Rev.  Samuel  Niles,  and  the  Rev.  Joseph  i'°'"^'e^- 
Barker,  with  their  associates,  for  the  purpose  of  diff'using  the 
knowledge  of  the  Gospel  of  Jesus  Christ  among  the  heathen, 
and  others  in  remote  places,  be,  and  they  are  hereby  incor- 
porated and  made  a  body  politic  and  corporate  for  the  pur- 
pose aforesaid,  and  by  the  name  of  The  Massachusetts  Mis- 
sionary Society,  to  continue  and  exist  for  and  during  the  term 
of  fifteen  years,  from  the  passing  of  this  act ;  may  sue  and  be 
sued,  plead  and  be  impleaded,  appear,  prosecute  and  defend 
to  final  judgment  and  execution,  and  may  have  a  common  seal, 
which  ihey  may  break,  change,  alter  or  renew  at  pleasure. 

Sect.  2.     Be  it  further  enacted.  That  the  said  corporation  Allowed  to 
are  hereby  made  capable  of  taking  and  holding  real  estate  of  ^old  property, 
any  kind  in  fee  simple,  or  other  less  estate,  not  exceeding  the 
annual  income  of  fifteen  thousand  dollars,   and  of  talcing  and     . 
holding  personal  estate,  by  donation,  bequest  or  otherwise,  not 
exceeding  the  annual  income  of  ten  thousand  dollars  ;  the  an- 
nual income  of  all  which  real  and  personal  estate,  shall  be  ap- 
plied to  the  purpose  of  diffusing  Christian   knowledge  in  such 
manner  as  the  corporation  shall  judge  will  be  most  conducive 
to  the  design   of  their  institution  :  Provided,  that  all  the  Mis-  Proviso, 
sionary  Teachers,  who  may  be  employed  by  said  corporation, 
shall  be  of  the  Protestant  Religion,  and  of  reputed  piety,  pru- 
dence, and  learning. 

Sect.  3.    Be   it  further  enacted,  That  the   said   corporation  Officers  to  be 
may  annually  choose  by  ballot,  a  president,  secretary,  trea    chosen. 
surer,  and  such  number  of  trustees  as  they  may  think   proper, 
not  less  than  seven;  and  such  other  officers  as  they  shall  judge 
necessary ;  all  of  which  officers,  when  chosen,  may  hold  their 


132 


1807. 


Chap.  52—53. 


ProTiso. 


Authorized  to 
make  bj-laws. 


Meetings  to  be 
published. 


Preamble. 


Accounts  to  be 
exhibited  an- 
nually. 


Privilege  of  the 
Jjegislature. 


Chan.  53. 


offices  until  others  are  chosen  in  their  stead ;  and  in  case  of 
death  or  resignation  of  either  of  said  officers,  said  corporation 
shall  have  a  right  in  like  manner,  at  any  meeting  regularly 
called  for  the  purpose,  to  choose  others  to  fill  any  vacancies 
which  may  so  happen  :  Provided  hozocver,  that  the  officers  which 
have  been  already  chosen  by  the  persons  aforesaid,  aiid  their 
associates,  shall  continue  to  hold  the  offices  to  which  they  have 
been  respectively  elected,  until  said  corporation  shall  choose 
others  in  their  stead,  agreeably  to  the  directions  in  this  act. 

Sect.  4.  Be  it  further  enacted^  That  said  corporation  be, 
and  hereby  is  authorized  at  their  first  meeting  to  be  held  under 
this  act,  by  vote  of  the  majority  of  the  members  present  at  said 
meeting,  to  make  and  establish  such  rules,  regulations,  and  by- 
laws, for  their  government,  subject  to  such  revision,  alterations 
or  additions,  to  be  made  at  any  regular  subsequent  meeting  as 
said  society  shall  judge  necessary  for  the  well  ordering  of  the 
affairs  of  said  corporation,  and  will  best  promote  the  design  of 
their  institution  ;  and  may  annex  reasonable  penalties  to  the 
breach  of  such  rules,  regulations,  and  bjMaws,  provided  the 
same  be  not  repugnant  to  the  constitution  and  laws  of  this 
Commonwealth. 

Sect.  5.  Be  it  further  enacted^  That  the  Rev.  Nathaniel 
Emmons  be,  and  he  is  hereby  authorized  to  call  the  first  meet- 
ing of  said  corporation,  by  publishing  a  notification  of  the  time 
and  place  where  the  same  shall  be  held,  in  two  of  the  news- 
papers printed  in  Boston,  fourteen  days,  at  least,  previous  to 
such  meeting. 

And  to  the  end,  that  the  members  of  said  society,  and  all 
contributors  to  said  design,  may  know  the  state  of  the  funds  of 
said  society,  and  of  all  donations  made  to  the  same  and  of  the 
disposal  thereof : 

Sect.  G.  iSe  it  further  enacted,  That  particular  accounts  of 
such  funds  and  the  disposal  thereof,  shall  be  exhibited  by  the 
treasurer,  or,  in  case  of  his  absence,  by  the  secretary,  at  the 
stated  annual  meeting  of  said  society,  a  committee  of  said  so- 
ciety having  first  examined,  and  certified  the  same  to  be  true  j 
and  fair  entries  shall  be  made  in  books,  to  be  provided  for  that 
purpose,  of  all  donations  made  to  the  society,  and  of  all  the 
real  and  personal  estate  belonging  to  the  same,  and  ihtj  said 
books  shall  be  brought  to  the  general  stated  annual  meetings, 
and  be  there  open  for  the  perusal  and  examination  of  the  mem- 
bers. 

Sect.  7.  Be  it  further  enacted.  That  the  Legislature  of  this 
Commonwealth  shall,  at  any  time,  have  the  right,  by  a  com- 
mittee of  their  body,  to  inspect  the  doings,  funds  and  proceed- 
ings of  the  said  corporation  ;  and,  for  that  purpose,  shall  have 
access  to  all  books  and  papers  of  said  corporation.  [Feb.  9, 
1808.]     Add  act— 1822  ch.  35. 

An  Act  to  annex  Peter  Perry  and  others,  of  the  towns   of  Stockbridge,  and  West- 
Stockbridge,  to  the  first  Baptist  Society  in  the  town  of  Wesl-Stoclibridge. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 


1 807. Chap.  53—56.  1 33 

Peter  Perry,  Samuel  Curtis,  Ebenezer  Herrick,  Abraham  Persons  an- 
Parker,  Daniel  Smith,  Asa  Smith,  Thomas  Whelpley,  Samuel  ^^^^  ' 
Whelpley,  Job  Priest,  John  Deming,  Obadiah  Knap,  Jedediah 
Minkler,  Hendrick  Brasee,  Amasa  Spencer,  James  Picket,  Ru- 
fus  Wilson,  Nathan  Johnson,  William  Hooper,  and  Uriel  Smith, 
together  with  their  families  and  estates,  all  belonging  to  the 
towns  of  Stockbridge,  and  West-Stockbridge,  in  the  county  of 
Berlisbire,  be,  and  they  are  hereby  annexed  to,  and  incorpo- 
rated with  the  first  Baptist  Society,  in  the  town  of  West-Stock- 
bridge, for  parochial  purposes  only,  and  in  that  connection 
shall  be  entitled  to  all  the  privileges,  and  equally  subject  to  all 
the  duties  of  other  members  of  the  said  society,  in  as  ample  a 
manner,  as  if  they  had  been  original  members  thereof:  Pro- 
vided however,  that  each  of  the  persons  before  named,  shall  al- 
ways be  held  to  pay  their  proportion  of  all  parish  or  society 
charges,  assessed  and  not  paid  previous  to  their  leaving  any 
other  society,  and  their  incorporation  with  the  society  afore- 
said.    [Feb.  9,  1808.] 

An  Act  to  incorporate  a  number  of  the  Inhabitants  of  Abington.    and   the  East  CJlCipt  56. 
Parish   in  Bi-idgewatcr,  and   one  person  in  the  West  Parish   of  Prmbioke,   into 
a  Religious  Society,  by  the  name  of  the  Union  Calvinistic  Society,  in  the  south 
part  of  Abington. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Aaron  Hobart,  Christopher  Dyer.  Bela  Dyer,  Persons  incor- 
Ebenezer  Porter,  Aaron  Hobart,  jun.  Joseph  P.  Gurney,  Eliab  P°^*^*'^' 
Noyes,  jun.  James  Reed,  Noah  Gurney,  juti.  Levi  Shaw,  Sam- 
uel Porter,  Elihu  Hobart,  James  Pool,  Noah  Pool,  Benjamin 
White,  Barnabas  French,  Jacob  Fullarton,  Joseph  Benner, 
Obadiah  Hearsey,  Jacob  Harden,  Seth  Harden,  Zacheus 
Gardner,  George  Bennett,  Thomas  Hearsey,  Joseph  Hearsey, 
Joseph  Shaw.  jun.  Levi  Cook,  Noah  Ramsdell,  Nathaniel 
Cook,  Noah  Fullarton,  Thomas  White,  Daniel  Perry,  Jere- 
miah Reed,  Ephraim  S.  Jenkins,  Josiah  Torrey.  Gideon  Gur- 
ney, Silas  Shaw,  Daniel  Gurney,  Lebbeus  Gurney,  Isaac  AI- 
den,  Marcus  Alden,  Simeon  Gannett,  Eleazer  Whitman,  Eleazer 
Whitman,  jun.  James  Barrell,  Seth  Hobart,  Joseph  Shaw,  Jo- 
seph Gannett,  Jonathan  Reed,  Isaac  Brown,  Meritt  Jenkins, 
Abel  Barrell,  John  Porter,  Allen  Marshall,  Christopher  Bates, 
Asa  Whitman,  Samuel  Foster,  Charles  Brown,  Nathan  Dawes, 
Seth  Gurney,  Stephen  Hearsey,  William  Hearsey,  John  Hear- 
sey, Isaac  Alden,  the  second,  Eleazer  Washburn,  Daniel  Whit- 
man, John  Brown,  John  Brown,  jun.  Luther  Gannett,  David 
Pratt,  Luther  Hearsey,  Joseph  Ramsdell,  John  Harden,  the 
fourth,  Eli  Blanchard,  John  Harden  the  second,  David  Brown, 
Knight  Brown,  Jonathan  Hol^art,  Eleazer  Keith,  Gladden 
Bonney,  Christopher  Bates,  jun.  Joseph  Reed,  Jared  Reed, 
Adam  Stetson,  Isaac  Reed,  Calvin  Reed,  Caleb  Howard,  Sam- 
uel Porter,  David  Allen,  Jonathan  Alden,  John  Keith  the  se- 
cond, Phillip  Torrey,  William  Hearsey,  jun.  Thomas  White 
the  second,  Asa  Whitmarsh,  David  Brown,  the  second, 
Ebenezer  Shaw,  Benjamin  Hobart,  Asaph  T.  Peterson,  and 
Joseph  Dyer,  petitioners  and  inhabitants  of  the  town  of 
Abington  and  the  east  parish  of  Bridge  water,  with  their  fa^ 


134 


1807. 


Chap.  56. 


To  join  the 
society. 


Proviso, 


To  leave  the 
society. 


Qualifications 
necessary. 


Proviso. 


Justice  to  isfue 
a  warrant. 


milies,  polls  and  estates,  within  said  town  and  parish,  and  also 
Isaac  Hobart,  of  the  west  parish  of  Pembroke,  with  his  poll 
and  estate  in  said  parish,  be,  and  are  hereby  incorporated  into 
a  religious  society  of  the  Congregational  denomination,  by  the 
name  of  the  Union  Calvinistic  Society,  in  the  south  part  of 
Abingfon,  with  all  the  powers  and  privileges  to  which  parishes 
are  entitled  by  the  constitution  and  laws  of  this  Common- 
wealth. 

Sect.  2.  Be  it  further  enacted,  That  any  person  belonging 
to  tho  town  of  Abington,  or  the  east  parish  of  Bridgewater, 
who  may  be  desirous  of  becoming  a  member  of  the  said  Union 
Calvinistic  Society,  and  shall  give  in  his  or  her  name  to  the 
clerk  of  the  town  of  Abington,  or  the  clerk  of  the  east  parish 
of  Bridgewater,  to  which  he  or  she  may  belong,  with  a  certifi- 
cate, signed  by  the  clerk  of  said  society,  that  he  or  she  has  ac- 
tually become  a  member  of  said  society,  at  any  time  previous 
to  the  first  day  of  March,  in  the  year  of  onr  Lord  one  thou- 
sand eight  hundred  and  ten,  shall,  from  and  after  giving  in  such 
certificate,  with  his  or  her  polls  and  estates,  be  considered  a 
member  of  said  society ;  Provided  however,  that  all  such  per- 
sons shall  be  held  to  pay  all  taxes  previously  assessed  in  the 
town  or  parish  from  which  he  or  she  may  separate. 

Sect.  3.  Be  it  further  enacted,  That  if  any  member  of  said 
society  shall  see  cause  to  leave  the  same,  and  unite  with  the 
town  of  Abington,  or  the  east  parish  of  Bridgewater,  to  which 
he  or  she  may  belong,  and  shall  lodge  a  certificate  with  the 
clerk  of  said  society,  signed  by  the  clerk  of  the  town  or  parish 
to  which  he  or  she  may  belong,  that  he  or  she  has  become  a 
member  in  religious  worship,  of  said  town  or  parish,  at  any 
time  previous  to  the  first  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ten,  and  shall  pay  his 
or  her  proportion  of  all  money  assessed  in  said  society,  pre- 
vious thereto,  such  person  shall,  from  and  after  giving  such 
certificate,  with  his  or  her  polls  and  estates,  be  considered  as 
belonging  to  the  town  or  parish,  in  the  same  manner  as  if  he  or 
she  had  never  belonged  to  the  said  society. 

Sect.  4.  Be  it  further  enacted,  That  all  young  persons  with- 
in the  limits  of  the  town  of  Abington,  or  the  east  parish  of 
Bridgewater,  when  they  become  twenty-one  years  of  age,  shall 
have  full  liberty  v/ithin  twelve  months  after  that  time,  to  join 
with  their  polls  and  estates,  said  society ;  and  also  all  persons 
who  may  settle  within  the  limits  of  said  town  or  parish,  shall 
have  the  same  liberty  to  join  said  society  within  twelve  months 
from  their  settlement  in  said  town  or  parish  :  Provided  however, 
that  all  such  persons  shall  signify  their  determination  of  the 
same  in  the  manner  pointed  out  in  the  second  section  of  this 
act. 

Sect.  5.  And  be  it  further  enacted.  That  Aaron  Hobart,  jun. 
Esq.  or  any  other  justice  of  peace,  in  the  county  of  Plymouth, 
be,  and  he  is  hereby  authorized  to  issue  his  warrant,  directed 
to  po'Tie  member  of  the  said  Union  Calvinistic  Society,  requir- 
ing him  to  warn  (he  members  of  said  society,  qualified  to  vote  in 
parish  affairs,  to  assemble  at  such  convenient  and  suitable  time 


1807.  — —  Chap.  56—58.  135 

and  place  as  shall  be  expressed  in  the  said  warrant,  to  choose 
such  officers  as  parishes  are  by  law  required  to  choose,  in  the 
month  of  March  or  April,  annually ;  and  to  transact  all  such 
other  matters  and  things  as  may  be  necessary  and  legal  to  be 
done  for  the  said  society.     [Feb.  18,  1808.] 

An  Act  to  incorporate  a  number  of  the  inhabitants  of  the  Town  of  Marlborough,   Chop*  58. 
in  the  county  of  Middlesex,   into  a  Religious  Society,   by  the  name  of  The  Se- 
con'l  Parish  in  Marlborough. 

WHEREAS,  a  number  of  the  inhabitants  of  the  town  of  Preamble. 
Marlborough,  have  petitioned   this   Court  to  be  incorporated 
into  a  religious  society,  and  it  appearing  reasonable  that  the 
prayer  of  the  r  petition  should  be  granted  : 

Sect.  1.  BE  it  therefore  enacted  by  the  Senate  and  House  of  Re- 
presentatives, in  General  Court  assembled^  and  by  the  authority  of 
the  same,  That  George  Williams,  Samuel  Gibbon,  Aaron  Brigham,  Persons  incor- 
Ephraim  Barber,  Si  as  Gates,  Luke  Drury,  Josiah  Fay,  William  po'f^'^d- 
Arnold,  William  Holyoke,  William  Gates,  Abijah  Berry,  Elea- 
zer  Howe,  Moses  How,  Stephen  Felton,  Joel  Felion,  Thomas 
Rice,  Peter  Rice.  Abraham  How,  Eli  Rice,  Joseph  How,  jun. 
Roger  Phelps,  William  Boyd,  Ephraim  Brigham,  Jabez  Bent, 
Daniel  Stevens,  jun.  Elihu  Maynard,  Abner  Brigham,  John 
Stevens,  Israel  Goulding,  Joseph  Brigham,  Moses  Ames,  Ger- 
shom  Rice,  Samuel  Brown,  John  Bond,  Warren  Brigham, 
Lovewell  How,  Samuel  How,  jun.  William  Felton,  jun.  Edward 
Rice,  jun.  John  Gasset,  Jabez  Rice,  Paul  Hall,  Stephen  Howe, 
Phineas  Hall,  Joseph  Trowbridge,  Edward  Barnes,  Jonas 
D:^rling,  Justin  Darling,  Ashbel  Samuel  Brigham,  John  Gott 
Brigham,  John  Boyd,  Hezekiah  Maynard,  Henry  How,  Ben- 
jamin Rice,  jun.  Windsor  Ward,  Jotham  Brigham,  Joel  Rice, 
Zaccheus  Gieason,  Samuel  Hunt,  Archelaus  How,  Gershom 
Biglow,  jun.  Ananias  Cook.  Joseph  How,  Samuel  Brigham, 
Joseph  Carly,  Seth  Rice,  Sebes  Jackson,  Francis  Hudson,  Mat- 
thias Rice  Brigham,  Solomon  Barnes,  William  Barnes,  Phine- 
has  How,  Phinehas  Brooks  How,  Ithamar  Brigham,  Josiah 
Brown,  Abraham  Gates,  Gilbert  How,  Sylvanus  How,  Noah 
How,  Winslow  How,  Aaron  How,  jun.  Levi  How,  Daniel  Ste- 
vens, Edward  Rice,  William  Biglow,  Ivory  Biglow,  Caleb 
Brigham,  jun.  Samuel  Brigham,  David  Brigham,  Stephen  Hud- 
son, James  Gieason,  Stephen  Phelps,  John  Gieason,  jun.  Caleb 
Brigham,  jun.  Samuel  Gieason,  Simeon  Cunningham,  Jonah 
Rice,  Nathan  Rice,  Francis  Gieason,  Martin  Rice,  Fortunatus 
Brigham,  James  Wright,  Benjamin  Chapin,  Daniel  Dunton, 
Windsor  How,  Caleb  Witherbee,  Benjamin  How,  Artemas 
How,  William  Rice,  jun.  Benjamin  Rice,  and  John  Gieason, 
the  pelifioners,  with  such  others  as  already  have,  or  may  here- 
after associate  with  them  and  their  successors,  with  their  fami- 
lies and  estates,  be,  and  hereby  are  made  a  corporation,  by 
the  name  of  the  Second  Parish  in  Marlborough ;  and,  by  that 
name  shall  have  perpetual  succession  with  all  the  powers,  pri- 
viif  ges,  and  immunities,  exercised  and  enjoyed  by  other  pa- 
rishes and  religious  societies,  according  to  the  constitution  and 
laws  of  this  Commonwealth. 

Sect.  2.    Be  it  furtfier  enacted,  That  any  of  the  inhabitant« 


136 


1807. 


Chap.  58—61. 


-Inhabitants 
may  join  either 
parish. 

Proviso. 


Considered 
■members  till 
they  signify 
the  contrary. 


Justice  to  issue 
warrant. 


Chap.  61. 

1306  ch.  88. 


Preamble. 


Commissioners 
to  be  appointed 
to  hear  and  de- 
termine. 


of  the  said  town,  shall  at  all  times  hereafter,  have  full  liberty 
to  join  themselves  with  their  families  to  either  of  the  parishes 
in  the  said  town  ;  Provided,  they  shall  signify  in  wriiing  under 
their  hands,  to  the  clerk  of  the  said  town,  sometime  in  the  month 
of  March,  annually,  their  determination  of  being  considered  as 
belonging  to  the  parish  to  which  they  may  join  themselves,  as 
aforesaid. 

Sect.  3.  Be  it  further  enacted,  That  the  members  of  each 
respective  parish,  and  their  families,  shall  be  deemed  and  con- 
sidered as  continuing  members  of  their  respective  parishes, 
with  their  estates,  for  the  time  being,  until  they  shall  signify 
their  determination  to  the  contrary,  as  above  expressed,  in  the 
second  section. 

Sect.  4.  And  be  it  further  enacted,  That  Ephraim  Russell, 
Esq.  or  any  other  justice  of  the  peace,  in  the  county  of  Mid- 
dlesex, be,  and  he  is  hereby  authorized  to  issue  his  warrant 
directed  to  some  member  of  the  said  Second  Parish,  requiring 
him  to  warn  the  members  of  the  said  parish,  qualified  to  vote 
in  parish  afi'airs,  to  assemble  at  such  convenient  and  suitable 
time  and  place,  as  shall  be  expressed  in  the  said  warrant,  to 
choose  such  officers  as  parishes  are  by  law  required  to  choose 
in  the  month  of  March  or  April,  annually,  and  to  transact  all 
other  matters  and  things  for  the  well  being  of  the  said  Second 
Parish.     [Feb.  23,  1808.] 

An  Act  in  addition  to  an  Act,  entitled,  An  Act  for  incorporating  certain  persons 
for  the  purpose  of  building  a  Bridge  over  Charles  River,  by  tlie  name  of  The 
Canal  Bridge,  and  for  extending  the  interest  of  the  proprietors  of  West-Boston 
Bridge. 

WHEREAS,  doubts  and  controversies  have  arisen  among 
the  persons  claiming  rights  under  an  Act,  entitled,  An  Act  for 
incorporating  certain  persons  for  the  purpose  of  building  a 
bridge  over  Charles  River,  by  the  name  of  The  Canal  Bridge, 
and  for  extending  the  interest  of  the  proprietors  of  West-Boston 
Bridge,  respecting  the  construction  of  the  same  Act,  and  the 
location  of  the  Canal  Bridge,  and  the  objects  proposed  by  the 
Legislature  in  passing  said  Act  may  be  defeated,  unless  some 
further  legislative  provision  shall  be  made  respecting  the  same : 
Therefore, 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  if  the  several  persons  claiming  rights  under  the  aforesaid 
act,  to  which  this  is  in  addition,  shall  not  on  or  before -the 
twenty-seventh  day  of  February  instant,  procure  a  release  and 
discharge  of  all  the  covenants  of  warranty  contained  in  the 
Deed  described  in  the  seventeenth  section  of  the  Act,  to  which 
this  is  in  addition,  in  manner,  as  in  the  s-ime  section  is  prescrib- 
ed, it  shall  and  may  be  lawful  for  commissioners  hereinafter  to 
be  appointed,  to  view  the  grounds  at  and  about  Lechmere's 
Point,  in  Cambridge,  and  B  irrelFs  Point,  in  Charlestown  ;  hear 
all  parties  and  persons  interested,  and  then  to  determine  upon, 
and  fix  the  most  wes'erly  abutment  of  said  bridge,  in  such 
place  as  will  best  accommodate  tl)e  public  infere^t;  the  report 
of  whom,  or  the  major  part  of  them,  beiug  made  and  returned* 


1807. -Chap.  61.  137 

into  the  Secretary's  office,  shall  be  final  and  conclusive,  and 
determine  the  place  of  the  westerl}^  end  of  said  Canal  Bridge. 

Sect.  2.  Be  it  further  enacted  by  the  authority  aforesaid^  That  Persons  autho- 
after  the  determination  of  said  commissioners  shall  be  made  ''^^'^  °"  ?^°"^*' 
known  as  aforesaid,  it  shall  and  may  be  lawful  for  individuals,  Bridge. 
who  are  proprietors  in  the  Newburyport  Turnpike  Corporation, 
or  in  the  Middlesex  Canal  Corporation,  if  they  shall  on,  or 
before  the  first  day  of  May  next,  procure  a  release  and  dis- 
charge of  all  the  covenants  contained  in  the  Deed  aforesaid,  in 
manner  prescribed  by  the  seventeenth  section  of  the  Act  afore- 
said, to  build  and  erect  a  bridge  and  causeway  from  the  north- 
westerly end  of  Leverett-street  in  Boston,  to  such  place  at,  or 
about  Lechmere's  Point,  in  Cambridge,  or  BarrelPs  Point,  in 
Charlestown,  as  shall  be  determined  upon  by  the  commission- 
ers aforesaid,  and  the  shares  in  tlie  same  bridge  and  causeway, 
(unless  the  subscribers  may  otherwise  agree)  shall  be  equally 
divided  between  the  several  proprietors  of  the  respective  cor- 
porations aforesaid,  and  shall  be  subscribed  for  and  held  ac- 
.cordingly ;  and  the  several  persons  who  may  subscribe  for  the 
same,  shall  be,  and  hereby  are  made  a  body  politic  and  cor- 
porate, for  the  purposes  aforesaid,  by  the  name  and  style  of  the 
proprietors  of  the  Canal  Bridge,  and  the  said  corporation  shall 
have  all  the  powers,  privileges  and  immunities,  and  be  subject  _  incorpo- 
to  all  the  duties,  requirements  and  penalties,  contained  in  the  rated. 
Act  to  which  this  is  in  addition,  excepting  the  third  section 
thereof;  and  any  three  of  said  subscribers  may  call  the  first 
meeting  of  said  proprietors,  in  the  same  way  and  manner,  as 
is  prescribed  in  the  twelfth  section  of  the  Act  aforesaid. 

Sect.  3.  Be  it  further  enacted,  That  if  the  individuals  afore- 
said, shall  not  procure  a  release  of  the  covenants  contained  in 
the  Deed  aforesaid,  by  the  time  above  limited,  that  then,  and 
in  such  case,  it  shall  and  may  be  lawful  for  Andrew  Craigie  of 
Cambridge  aforesaid,  Esq.  and  such  persons  as  may  unite  gie,  Esq.  and" 
with  him  for  that  purpose,  if  they  shall  on  or  before  the  first  others,  autho- 
day  of  June  next,  procure  such  release  and  discharge  as  afore-  "zed  m  case- 
said,  to  build  and  erect  a  bridge  and  causeway,  from  said  Le- 
verett-street, in  Boston,  to  such  place  as  shall  have  been  fixed 
and  determined  upon  by  said  commissioners,  in  manner  afore- 
said, and  the  said  Andrew  Craigie  and  his  said  associates  shall 
be,  and  hereby  are  made  a  body  politic  and  corporate  for  that 
purpose,  b^'-  the  name  and  style  of  "  The  Proprietors  of  the 
Canal  Bridge,"  and  the  said  last  mentioned  corporation  shall 
have  all  the  powers,  privileges  and  immunities,  and  be  subject 
to  all  the  duties,  restrictions,  requirements,  and  penalties  con- 
tained in  the  aforesaid  Act,  to  which  this  is  in  addition;  al- 
ways, excepting  the  third  section  thereof;  and  the  said  Andrew 
Craigie,  or  any  one  or  more  of  his  associates,  may  call  the  first 
meeting  of  said  last  mentioned  proprietors,  in  manner  prescrib- 
ed by  the  twelfth  section  of  the  Act  aforesaid. 

Sect.  4.     Be  it  further  enacted.  That  the  proprietors  of  the  Canal  and 
Middlesex  Canal  Corporation,  shall  have  a  right,  if  at  any  time  towing  path, 
hereafter  they  shall  see  fit,  to  cut  and  make  a  canal  and  tow- 
ing path,  between  the  water  in  Miller's  River,  (so  called,)  and 

TOL.    IT.  18 


13S 


1807. 


Chap.  61. 


Damages  to  be 
repaired. 


Powers  and 
privileges  to  be 
held  in  case — 


Persons  ap- 
poinied  com- 
missioners. 


Time  and 
place  of  meet 
ing  made 
known. 


the  waters  of  Charles  River,  across  the  land  at  Lechmere's 
Point,  so  as  to  connect  with  any  towing  path  thej  may  here- 
after make  on  either  side  of  any  such  bridge',  pursuant  to  the 
reservations  in  the  aforesaid  Act  contained :  And  if  the  lands 
of  any  person  shall  be  taken  and  appropriated  for  the  purpose 
of  such  bridge,  or  canal  and  towing  path,  such  person  shall  be 
entitled  to  be  compensated  in  damages  therefor,  and  shall  have 
the  like  remedy  and  process  therefor,  in  all  respects,  as  are 
given  m  the  several  Acts  for  laying  out  highways  within  this 
Commonwealth. 

Sect.  5.  Be  it  further-  enacted,  That  if  the  said  Canal  Bridge 
Corporation  should  come  into  being,  and  have  existence  under 
this  Act,  that  then,  and  in  such  case,  the  several  corporations 
named  in  the  Act,  to  which  this  is  in  addition,  shall  have  and 
hold,  all  the  poAvers  and  privileges  granted  to  them  in  and  by 
the  same  Act,  in  the  same  way  and  manner  they  would  have 
been  done,  to  every  intent  and  purpose,  as  if  the  terms  con- 
tained in  the  seventeenth  section  of  said  Act  had  been  fully 
complied  with,  within  the  time  therein  limited,  excepting  al- 
ways, such  parts  for  which  a  different  provision  is  made  by 
this  Act. 

Sect.  6.  Be  it  further  enacted.,  That  the  Hon.  John  Phillips 
of  Andover,  and  the  Hon,  Timothy  Childs,  Esq.  Charles  Tur- 
ner, Samuel  H.  Wheeler,  and  Silas  Holman,  Esquires,  be,  and 
they  hereby  are  appointed  commissioners,  at  the  expense  of 
the  party  who  may  apply  to  them  for  the  purposes  mentioned 
in  this  Act,  and  they  are  to  give  public  notice  of  the  time  and 
place  of  their  meeting,  in  one  or  more  of  the  newspapers,  print- 
ed in  the  town  of  Boston,  twenty  days,  at  least,  previous  to 
their  meeting.     [Feb.  26,  1808.]     Further  act— 1819  ch.  75. 


REPORT. 

To  all  People  to  whom  these  presents  shall  come,  the  undersigned  Commissioners 
send — Greeting  : 

WHEREAS,  by  an  Act  of  the  General  Court  of  the  Com- 
monwealth of  Massachusetts,  made  and  passed  on  the  twenty- 
sixth  day  of  February,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  eight,  entitled,  "An  Act  in  addition  to  an 
Act,  entitled,  An  Act" for  incorporating  certain  persons  for  the 
purpose  of  building  a  bridge  over  Charles  River,  by  the  name 
of  The  Canal  Bridge,  and  for  extending  the  interest  of  the 
proprietors  of  West-Boston  Bridge,"  it  is  declared,  that  doubts 
and  controversies  had  arisen  respecting  the  location  of  the  same 
bridge;  and  by  the  same  Act,  it  is,  among  other  things,  pro- 
vided that  it  shall  be  lawful  for  commissioners  to  be  appointed 
to  view  the  grounds,  at  and  about  Lechmere's  Point,  in  Cam- 
bridge, and  Barren's  Point,  in  Charlestown,  hear  all  parties 
and  persons  interested,  and  then  to  determine  upon  and  fix  the 
most  westerly  abutment  of  said  bridge,  in  such  place  as  will 
best  accommodate  the  public  interest ;  the  report  of  whom,  or 
the  major  part  of  them,  being  made  and  returned  into  the  Se-    ^ 


1807.-^ Chap.  61.  139 

cretary's  office,  shall  be  final  and  conclusive,  and  determine  the 
place  of  the  westerly  end  of  said  Canal  Brido;e  :  And  by  the 
same  Act,  the  undersigned  were  appointed  commissioners  for 
the  purpose  therein  mentioned,  and  were  thereby  directed  to 
give  public  notice  of  the  time  and  place  of  their  meeting,  in  one 
or  more  of  the  newspapers,  printed  in  the  town  of  Boston, 
twenty  days,  at  least,  previous  to  their  meeting;,  as  by  the 
same  act  may  more  fully  appear :  Now  know  ye.  That  we  the 
said  commissioners,  upon  the  application  of  Andrew  Craigie, 
Esq.  one  of  the  parties  in  the  same  act  named,  having  taken 
upon  ourselves  the  burden  of  performing  the  duties  prescribed 
to  us  as  commissioners,  in  and  by  the  act  aforesaid,  We  did,  on 
the  third  day  of  March  instant,  appoint  the  twenty-fifth  day  of 
March  aforesaid,  as  the  time,  and  the  house  of  Israel  Porter, 
innholder  in  Cambridge,  as  the  place,  when  and  where  we 
should  meet  to  commence  the  duties  of  our  appointment ;  and 
we  gave  public  notice  thereof,  by  causing  the  same  to  be  pub- 
lished in  The  New-England  Palladium  ;  The  Repertory  ;  The 
Democrat;  and.  The  Columbian  Centinel,  being  all  newspa- 
pers printed  in  the  town  of  Boston,  and  more  than  twenty  days, 
previous  to  our  meeting  ;  and  having  met  at  the  said  time  and 
place,  the  proprietors  of  the  Newburyport  Turnpike  Corpora- 
tion, by  their  president  and  directors  ;  the  propi-ietors  of  the 
said  Canal  Corporation,  by  Benjamin  Joy,  and  Joseph  Coo- 
lidge,  jun.  their  agents  ;  the  proprietors  of  West-Boston  Bridge, 
by  Rufus  Green  Amory,  Esq.  their  agent ;  Andrew  Craigie, 
Esq.  by  himself  and  Council,  and  sundry  individuals  belonging 
to  the  respective  towns  of  Cambridge  and  Charlestown,  in  the 
county  of  Middlesex,  severally  appeared  before  us,  and  we  then 
proceeded  to  view  the  grounds  at  and  about  Lechmere's  Point, 
in  Cambridge,  and  Barrell's  Point,  in  Charlestown  ;  and  hav- 
ing heard  all  parties  and  persons  interested  in  the  subject  mat- 
ter of  our  appointment,  and  duly  considered  their  respective 
applications,  claims  and  demands,  to  have  the  place  of  the  wes- 
terly end  of  said  Canal  Bridge,  fixed  and  determined  at  or 
about  the  grounds  aforesaid,  as  well  as  the  interest  and  accom- 
modation of  the  public,  in  the  locating  and  fixing  the  westerly 
end  of  said  Canal  Bridge  ;  and  mature  deliberation  ujDon  all 
the  premises  aforesaid,  being  had  :  We  do  award,  determine 
upon,  and  fix  the  most  westerly  abutment  of  the  Canal  Bridge, 
at  a  red  cedar  stake,  standing  in  the  marsh,  near  tlie  mud  flat, 
on  Lechmere's  Point,  six  feet  northwesterly  of  which  stake  is  a 
flat  stone,  on  which  is  marked  the  letter  B,  said  stake  is  mark- 
ed on  the  southwest  side  with  the  letters  W  A  B,  and  on  the 
easterly  side,  marked  W.  B  ;  said  stake  and  stone  are  in  a  di- 
rect line  between  the  southwest  corner  of  the  Aims-House  in 
Boston,  and  a  rock  on  the  upland,  on  Lechmere's  Point ;  by 
which  rock  a  stake  is  placed,  which  stake  is  marked  W  B,  and 
the  rock  marked  fiS^^^,  in  the  direction  of  the  line  ;  the  Avhole 
Avidth  of  said  abutment  to  lie  northeasterly  of  said  cedar  stake 
which  abutment,  as  above  described,  we  determine  shall  be  the 
place  of  the  westerly  end  of  said  Canal  Bridge. 

In  witness  whereof,  we  have  hereunto  subscribed  our  respec- 


140  1807.- Chap.  61— 62. 

live  names,  at  Boston,  in  the  county  of  Suffolk,  this  twenty- 
eighth  day  of  March,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  eight. 

In  presence  of 
Samuel  Dana,  of  Grofon.  John  Phillips,  jun. 

Adams  Bailey,  of  Boston.  Timothy  Chii.ds. 

Jacob  Kuhn,  of  Boston.  Charles  Turner,  jun. 

John  Devotion,  of  Boston.     .  Samuel  H.  Wheeler. 

Silas  Holman. 

[The  above  report  was  deposited  in  the  Secretary's  office,  on 
the  29th  of  March,  A.  D.  1808.] 

Attest.  JONA.  L.  AUSTIN,  Sec'y. 

Chap.  62»        An  Act  to  incorporate  the  members  of  a  society,  by  the  name  of  the  Baptist  Mis- 
sionary Society  in  Massachusetts. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
porS, '"''°'"  '^^^^^  Thomas  Baldwin,  Doctor  in  Divinity,  the  Reverend  Jo- 
seph Clay,  Deacon  John  Wait,  of  Boston,  the  Reverend  Wil- 
liam Collier,  Deacon  David  Goodwin,  and  Deacon  John  Car- 
ter, of  Charlestown,  the  Revei-end  Joseph  Grafton,  and  John 
Kenrick,  Esq.  of  Newton,  the  Rev.  Lucius  Bolles,  of  Salem,  the 
Reverend  William  Williams,  of  Wrentham,  the  Reverend  Eli- 
sha  Williams,  of  Beverly,  the  Reverend  William  Batchelder,  of 
Haverhill,  the  Reverend  Valentine  W.  Rathbun,  of  Bridgewa- 
ter,  and  the  Reverend  John  Peak,  of  Newburyport,  together 
with  such  others  as  may  hereafter  associate  with  them  and  their 
successors,  be,  and  they  are  hereby  made  a  body  politic  and 
corporate,  by  the  name  of  the  Baptist  Missionary  Society  in 
Massachusetts,  and  by  that  name  may  sue,  and  be  sued  at  law, 
in  any  action,  real,  personal  or  n  ixed  ;  and  may  prosecute  and 
defend  such  actions  to  final  Judgment  and  execution,  and  may 
do  and  suffer  all  other  things  which  corporations  of  a  similar 
nature  m;iy  or  ought  to  do  and  suffer,  and  the  said  society  shall 
have  continuance  and  succession  for  the  term  of  fifteen  years 
See  1821  ch.7i.  from  the  passing  of  this  act;  but  the  legislature  of  this  Com- 
monwealth, may  at  any  time  alter,  amend,  or  repeal  the  same, 
jf  they  shall  see  cause  therefor,  reserving  however  to  the  said 
corporation,  the  property  thereto  belonging,  and  nothing  con- 
tained in  this  act,  shall  be  construed  to  change  or  divert  the  use 
and  expenditure  of  the  funds  or  other  property,  from  the  pur- 
pose for  which  they  are  oi"  may  be  raised  ;  and  the  legislature 
of  this  Common^vealth  shall  always  have  a  right  to  examine  in- 
to the  doings,  funds  and  expenditures  of  the  said  corporation, 
and  for  that  purpose  shall  have  access  to  all  their  books  and 
papers. 
Empowered  to  Sect.  2.  Be  it  further  enacted.  That  the  said  corporation  shall 
hold  real  es-  have  power  to  receive  and  hold  real  estate  of  any  kind  in  fee 
^**^'  simple,  or  other  less  estate  not  exceeding  fifteen  thousand  dol- 

lars, and  of  receiving  and  holding  personal  estate  by  donation, 
bequest,  legacy,  or  otherwise,  not  exceeding  ten  thousand  dol- 
lars, the  annual  income  of  all  which  real  or  personal  estate, 
shall  be  applied  to  the  sole  use  and  purpose  of  diffusing  chris- 
tian knowledge,  in  such  manner  as  the  said  corporation  shall 


1807. Chap.  62.  141 

judge  will  best  promote  and  answer  the  design  of  their  incor- 
poraiion  :  Provided  however,  that  each  and  every  of  the  mission-  Proyiso. 
aries,  or  other  instructors  or  teachers  employed  by  the  said 
corporation,  shall  be  of  the  Protestant  religion,  of  competent 
learning,  of  reputed  piety  and  prudence,  and  of  exemplary  mo- 
rals. 

Sect.  3.  Be  it  further  enacted,  That  the  said  corporation  may  Officers  elected 
annually  elect  by  ballot,  by  a  majority  of  the  members  present,  by  ballot, 
at  a  meeting  regularly  notified,  and  held  in  the  manner  as  di- 
rected in  the  sixth  section  of  this  act,  a  president,  vice  presi- 
dent, secretary,  treasurer,  and  such  number  of  trustees  as  they 
may  think  proper  (not  less  than  seven)  and  such  other  officers 
as  they  may  determine  to  be  necessary  ;  and  all  such  officers, 
when  chosen,  may  hold  their  offices  until  others  are  chosen  in 
their  stead,  and  in  case  of  death,  resignation  or  disability,  of 
either  of  the  said  officers,  the  said  corporation  shall  have  a  right 
in  like  manner,  at  any  meeting  regularly  called  for  the  purpose, 
or  at  any  meeting  held  by  ad  journment,  as  may  be  most  conve- 
nient, to  fill  any  vacancy  which  may  so  happen  :  Provided hcwev-  Proviso. 
er,  the  present  officers  of  the  said  society,  may  continue  to  hold 
their  places  until  the  next  annual  meeting,  or  unless  others  are 
chosen  in  their  stead,  conformably  to  the  provisions  of  this  act. 

Sect.  4.  Be  it  further  enacted,  That  the  said  corporation  be, 
and  hereby  is  authorized,  at  their  first  meeting,   to   be   holden 
under  this  act,  by  vote  of  the  majority  of  the  members  present,  Authorized  to 
to  make  and  establish  such  by-laws,  rules  and  orders,  as   they  estabiisti  by- 
may  think  necessary,  for  the  prudent  and  regular  management   *^^'    ^' 
of  their  affairs,  subject  however  to  revisions,  additions  or  alter- 
ations, from  time  to  time,  at  any  regular  meeting,  and  may  al- 
so annex  reasonable  penalties,  for  the  breach  of  either  said 
by-laws,  rules   or  orders.  Provided  the  same  are  not  in   any  P^^ov'so- 
case  repugnant  to  the  constitution  and   laws   of  this  Common- 
wealth. 

And  in  order  that  the  members  of  the  said   society,  and  all  Preamble, 
the  contributors  to  said  design,  may  know  the  state  of  the  funds, 
and  of  all  the  donations  made  to  the  same,  and  of  the  disposal 
thereof: 

Sect.  3.  Be  it  further  enacted,    That  particular  accounts  of  Treasurer  to 
such  funds,  and  the  expenditure  thereof,  shall  be  exhibited  by  exhibit  ac- 
the  treasurer,  or  in  case  of  his  absence,  by  the  secretary,  at  the  counts, 
annual  stated  meetings  of  said  society,  a  committee  of  the  said 
society  having  first  examined  and  certified  the  same  to  be  true, 
and  fair  entries  shall  be  made  in  books  to  be  provided  for  that 
purpose,  of  all  donations  made  to  the  society,  and  of  all  the  es- 
tate, real  or  personal,  belonging  to  the   same  ;  and  the  said 
books  shall  be  brought  to  the  general  stated  and  annual  meet- 
ings, and  be  there  open  for  the  examination  of  the  members. 

Sect.  6.  Be  it  further  enacted.  That  Thomas   Baldwin,  Doc-  Dr.  Baldwin 
tor  of  Divinity,  be,  and  he  is  hereby  authorized  to  appoint  the  J^gggP^"' *''^ 
first  meeting  of  the  said  society,  and  to  publish  a  notification  of 
the  time  and  place,  in  two  of  the  newspapers  printed  in  Boston, 
fifteen  days  at  least  before  the  day  of  meeting.     [Feb.  28, 
}808.]    Altered  by  1821  ch.  71. 


142 


1807. 


Chap.  64— 67. 


Chap.  64. 


Inhabitants  in- 
corported. 


Property  to  ve- 
main  in  the 
iirst  precinct. 


E.  Pope,  Esq. 
to  issue  a  war- 
rant. 


Chap.  67. 


Persons  incor- 
porated. 


Amount  of 
capital  stock. 


An  Act  to  divide  the  First  Precinct  in  the  town  of  New  Bedford,  in  the  county  of 
Bristol,  and  to  incorporate  a  religious  society,  by  the  name  of  the  Bedford  Pre- 
cinct, in  said  town. 

Sect.  1 .  BE  if  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  inhabitants  of  the  first  precinct  in  the  town  of  New 
Bedford,  in  the  county  of  Bristol,  west  of  Accushnet  river,  so 
called,  and  south  of  a  line,  beginning  at  the  northeast  corner 
of  John  Coggeshall's  farm ;  thence  running  westerly,  in  the 
north  line  of  said  farm,  to  the  northwest  corner  thereof;  and 
thence  west,  to  Dartmouth  line,  together  with  their  families  and 
estates,  including  also  John  Peckham,  with  his  family  and  es- 
tate, on  the  northerly  side  of  sa  i  line,  be,  and  they  hereby 
are  incorporated  into  a  separate  j.  ecinct,  by  the  name  of  the 
Bedford  Precinct,  with  all  the  privileges,  powers  and  immuni- 
ties which  other  precincts  within  this  Commonwealth,  are  enti- 
tled to  by  law. 

Sect.  2.  Be  it  further  enacted.  That  the  said  Bedford  Pre- 
cinct hereby  incorporated,  shall  hereafter  have  or  claim  no 
right  in  any  property  belonging  to  the  said  first  precinct,  lying 
or  being  on  the  north  side  of  the  above  described  line,  except- 
ing the  meeting  house  and  burying  ground  ;  but  all  such  pro- 
perty shall  remain  and  belong  to  the  said  first  precinct. 

Sect.  3.  Be  it  further  enacted,  That  Edward  Pope,  Esq.  shall 
be,  and  hereby  is  authorized  to  issue  his  warrant,  directed  to 
some  principal  inhabitant  within 'he  Bedford  Precinct  aforesaid, 
requiring  him  to  warn  the  inhabitants  of  said  Bedford  Precinct, 
qualified  by  law  to  vote  in  precinct  meetings,  to  assemble  at 
some  suitable  time  and  place  in  said  precinct,  to  choose  such 
officers  as  precincts  are  empowered  by  law  to  choose  in  March 
or  April,  annually,  and  to  transact  all  such  business  as  may  be 
necessary  and  lawful  to  be  done  in  said  precinct.  \Feb.  29, 
1808.] 

An  Act  establishing  a  corporation,  by  name  of  The  Social  Insurance  Company. 

Sect.  1.  BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority  of 
the  same.  That  James  Cook,  Robert  Stone,  jun.  Benjamin 
Crowninshield,  jun.  and  all  such  persons  as  have  already,  or 
hereafter  shall  become  stockholders  in  said  company,  being 
citizens  of  the  United  Slates,  be,  and  hereby  are  incorporated 
into  a  company,  or  body  politic,  by  the  name  of  the  Social 
Insurance  Company,  for  and  during  the  term  of  twenty  years, 
after  the  passing  of  this  act ;  and  by  that  name,  may  sue  or 
be  sued,  plead,  or  be  impleaded,  appear,  prosecute  and  de- 
fend to  final  judgment  and  execution  ;  and  have  a  common 
seal,  which  they  may  alter  at  pleasure ;  and  may  purchase, 
hold  and  convey,  any  estate,  real  or  personal,  for  the  use 
of  said  company,  subject  to  the  restrictions  hereafter  mention- 
ed. 

Sect.  2.  Be  it  further  enacted.  That  the  capital  stock  of 
said  company,  exclusive  of  premium  notes,  or  profits  arising 
from  said  business,  shall  consist  of  one  hundred  thousand  dol- 
lars ;  and  shall  be  divided  into  one  thousand  shares ;  of  which 


1807. Chap.  67.  145 

capital  stock,  not  more  than  twenty  thousand  dollars  shall  be 
vested  in  real  estate. 

Sect.  3.     Be  it  further  enacted,  That  the  stock,  property,  Concerns  of 
affairs,  and  concerns  of  said  company,  shall  be  managed  and  the  company 
conducted  by  seven  directors,  one  of  whom,  shall  be  the  pres-  by  du^tor^sr 
ident  thereof,  who  shall  hold  their  offices  for  one  year,  and 
until  others  shall  be  chosen,  and  no  longer ;  which  directors 
shall,  at  the  time  of  their  election,  be  stock-holders,  and  citi- 
zens of  this  Commonwealth  ;  and  shall  be  elected  on  the  third  Manner  of 
Monday  of  April,  in  each  and  every  year,  at  such  time  of  the  «'ecting  duec- 
day,  and  in  such  place,  in  the  town  of  Salem,  as   a  majority 
of  the  directors  for  the   time  being,   shall   appoint ;  of  which 
election,  public  notice   shall  be  given  in  one  of  the  newspa- 
pers,   printed    in   the  town  of  Salem,  and    continued    for  the 
space  of  ten  days,  immediately  preceding  such  election  ;  and 
such  election  shall  be   holden   under  the    inspection  of  three 
stockholders,  not  being  directors,  to  be  appointed  previous  to 
every  election,  by  *he  directors ;  and  shall   be  made  by  bal- 
lot, by  a  majority  of  votes  of  the  stockholders   present,   allow- 
ing one  vote  to  each  share  in  the  capital  stock  :  Provided,  that  Pioviso. 
no  stockholder  shall   be    allowed   more  than  ten   votes ;  and 
the  stockholders  not  present,  may  vote  by  proxy,  under  such 
regulations  as  the  said  company  shall  prescribe  ;  and  if  through 
any  unavoidable   accident,  the   said  directors  should  not  be 
chosen  on  the  third  Monday  of  April,  as  aforesaid,  it  shall  be 
lawful  to  choose  them  on  another  day,  in  the  manner   herein 
prescribed. 

Sect.  4.  Be  it  further  enacted,  That  the  directors  so  cho-  ^^l^^^^^  ***  *** 
sen,  shall  meet  as  soon  as  may  be,  after  every  election,  and 
shall  choose  out  of  their  body,  one  person  to  be  president, 
who  shall  preside  for  one  year,  and  be  sworn  faithfully 
to  discharge  the  duties  of  his  office;  and  in  case  of  the 
death,  resignation,  or  inability  of  the  president,  or  any  di- 
rectors, to  serve,  such  vacancy  or  vacancies,  shall  be  filled  for 
the  remainder  of  the  year,  in  which  they  may  happen,  by  a 
special  election  for  that  purpose,  to  be  holden  in  the  same 
manner  as  herein  before  directed,  respecting  annual  elections 
for  directors  and  president. 

Sect.  5.  And  be  it  further  enacted.  That  the  president  and  Directors  cm- 
three  of  the  directors,  or  four  of  the  directors  in  the  absence  powered, 
of  the  president,  shall  be  a  board  competent  for  the  transac- 
tion of  business;  and  all  questions  before  them,  shall  be  de- 
cided by  a  majority  of  votes ;  and  they  shall  have  power  to 
make  and  prescribe  such  by-laws,  rules  and  regulations,  as  to 
them  shall  appear  needful  and  proper,  touching  the  manage- 
ment and  disposition  of  the  stock,  property,  estate,  and  effects 
of  said  company,  and  the  transfer  of  the  shares;  and  touch- 
ing the  duties  and  conduct  of  the  several  officers,  clerks,  and 
servants  erapjoyed,  and  the  election  of  directors,  and  all  such 
matters  as  appertain  to  the  business  of  Insurance;  and  shall 
also,  have  power  to  appoint  a  secretary,  and  so  many  clerks 
and  servants,  for  carrying  on  the  said  business,  and  with  such 
salaries  and  allowances  to  them,  and  to  the  president,  as  to 


144 


1807. 


Chap.  67. 


Repealed. 
1813  ch.  167. 


Dividends. 


Estate  of 
stock  holders 
to  be  held  ac- 
countable in 
case — 


Stock  to  be 
funded. 


Instalments 
be  paid. 


the  said  board  shall  seem  meet :  Provided,  that  such  by-laws^ 
rules  and  regulations,  shall  not  be  repugnant  to  the  constitution 
and  laws  of  this  Commonwealth. 

Sect.  6.  Be  it  further  enacted,  That  there  shall  be  stated  meetings  of  the 
diiertors,  at  lenst  once  in  every  month,  and  as  often  within  each  month,  as  the 
president  and  board  of  directors  shall  deem  proper  ;  and  the  president,  and  a 
committee  of  two  of  the  diiectors,  to  be  by  him  appointed  in  rotation,  shall  as- 
semble dailv,  if  need  be,  for  the  dispairh  of  business  ;  and  the  said  board  of  di- 
rectors, or  the  committee  aforesaid,  at  and  during  the  pleasure  of  said  board,  shall 
have  power  and  authority  on  behalf  of  the  company,  to  make  insurance  upon 
vessels,  freight,  money,  goods,  and  effects,  and  against  captivity  of  persons,  and 
on  the  life  of  any  person  during  his  absence  by  sea  ;  and  in  cases  of  money  lent 
upon  bottomry  and  respondentia,  and  to  fix  the  premium  and  terms  of  payment; 
and  all  policies  of  insurance  by  them  marie,  shall  be  subscribed  by  the  pre-iflent, 
or  in  case  of  his  death,  sickness,  inability  or  absence,  by  any  two  of  the  direc- 
tors, and  countersigned  by  the  secretary  ;  and  shall  be  binding  and  obligatory 
upon  the  said  company,  and  have  the  like  effect  and  force,  as  if  under  the  seal  of 
said  company  ;  and  all  losses  duly  arising  under  any  such  policy,  so  subscribed, 
may  be  adjusted  and  settled  by  the  president  and  board  of  directors,  and  the 
same   shall  be  binding  on  the  company. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  directors,  on  the  second  Monday  of  January  and  July, 
in  every  year,  to  make  dividends  of  so  much  of  the  interest 
arising  from  their  capital  stock,  and  the  profits  of  said  com- 
pany, as  to  them  shall  appear  advisable  ;  but  the  monies  re- 
ceived, and  notes  taken  for  premiums  on  risks,  which  shall  be 
undetermined  and  outstanding  at  the  time  of  making  such  div- 
idends, shall  not  be  considered  as  part  of  the  profits  of  the 
company:  And  in  case  of  any  loss  or  losses,  whereby  the 
capital  stock  of  the  company  shall  be  lessened,  each  proprie- 
tor's or  stockholder's  estate,  shall  be  held  accountable  for  the 
instalment  that  may  be  due  and  unpaid,  on  his  share  or  shares, 
at  the  time  of  said  loss  or  losses  taking  place,  to  be  paid  into 
the  said  company  by  assessments,  or  such  other  mode,  and 
at  such  time  or  times,  as  the  directors  shall  order;  and  no 
subsequent  dividend  shall  be  made  until  a  sum  equal  to  such 
diminution  shall  have  been  added  to  the  capital ;  and  that  once 
in  every  year,  and  oftener  if  required,  by  a  majority  of  the 
votes  of  the  stockholders,  the  directors  shall  lay  before  the 
stockholders,  at  a  general  meeting,  an  exact  and  particular 
statement  of  the  profits,  if  any  there  be,  after  deducting  losses 
and  dividends. 

Sect.  8.  Be  it  further  enacted,  That  the  said  company 
shall  not  directly  or  indirectly,  deal  or  trade,  in  buying  or 
selling  any  goods,  wares,  merchandize,  or  commodities  what- 
soever; and  the  capital  stock  of  said  company,  within  six 
months  after  being  collected  at  each  instalment,  shall  be  in- 
vested either  in  the  funded  debt  of  the  United  States,  or-  of 
this  Commonwealth,  or  in  the  stock  of  the  United  States  Bank, 
or  of  any  incorporated  Bank  in  this  Commonwealth,  at  the  dis- 
cretion of  the  president  and  directors  of  said  company,  or  of 
other  officers  which  the  proprietors  shall  for  such  purposes 
appoint, 
to  Sect.  9.  Be  it  further  enacted,  That  twenty-five  dollars  on 
each  share  in  said  company,  shall  be  paid  within  thirty  days 
after  the  first  meeting  of  said  company,  and  the  remaining 
sum  within  one  year  after  said  first  meeting,  in  such  equal 
instalments,  and  under  such  penalties  as  the  said  company 


1807. Chap.  6^—70.  145 

shall  direct ;  and  no  transfer  of  any  share  shall  he  permitted, 
or  be  valid,  until  the  whole  capital  stock  shall  have  been  paid 
in. 

Sect.  10.     Be  il  further  enacted.  That  no   person   being  a  Persons  eiigi- 
director  of  any  other  company  carrying   on   the   business  of '''^.*°  become 

-taa-.  *^  I*/  •/o  ^^  a  director* 

Marine  Insurance,  shall  be  eligible  as  n  director  of  the  com- 
pany by  this  act  established.  * 

Sect.  11.     Be  it  further  enacted,  That  in  case  of  any  loss  Estates  of  di- 
or  losses  taking  place,  that  shall  be  equal  to  the   amount  of  rectois  liable. 
the  capital  stock  of  the  said  company,  and  the  president  and 
directors,  after   knowing  of  such   loss  or  losses  taking  place, 
shall  subscribe  to  any  policy  of  insurance,  their  estates,  joint- 
ly and  severally,  shall  be  accountable  for  the  amounts  of  any 
and  every  loss  that  shall  take  place  under  policies  thus  sub-    - 
scribed. 

Sect.  12.     Be  it  further   enacted.  That  the  president  and   directors  of   said 
company  shall,  previous  to   their  subscribing  to    any  policy,    and    onre   in    every 
year  after,  publish  in  one  of  the  newspapers  printed   in  the  town  of  Salem,    the   Repealed, 
amount  of  their  stock  ;  against  what  risks  they  intend  to  insure,   and  the  largest   ij>iq    i     |/.» 
sum  they  intend  to  take  on  any  one  risk  :  Provided,  that  the  said  president  and  di-  *        * 

rectors  shall  not  be  allowed  to  insure  on  aqy  one  lisk,  a  larger  sum  than  ten  per 
centum  of  the  amount  of  the  capital  stock  actually  paid  in. 

Sect.   13.     Be  it  further  enacted.    That   the   president   and  Subject  to  Le- 
directors  of  said  company  shall,  when,  and  as  often  as  requir-  gi&iative  exa- 
ed  by  the  Legislature  of  this  Commonwealth,  lay  before  them  '""^^*'°°* 
a  statement  of  the  affairs  of  said  company,  and  submit  to  an 
examination  concerning  the  same,  under  oath. 

Sect.  14.  Be  it  further  enacted.  That  James  Cook,  Robert  Meeting  to  be 
Stone,  jun.  and  Benjamin  Crowninshield,  jun.  or  any  two  of  called. 
them,  are  hereby  authorized  to  call  a  meeting  of  the  members 
of  said  company  as  soon  as  may  be,  in  Salem,  by  advertising 
the  same  for  two  successive  weeks,  in  the  Essex  Register,  for 
the  purpose  of  their  electing  a  first  board  of  directors,  W'ho 
shall  continue  in  office  until  the  third  Monday  of  April,  one 
thousand  eight  hundred  and  nine.  [^Iarch  1,  1808.]  Add. 
acts— 1808  ch.  84  :   1813  ch.  167. 

An  Act,    in  addition   to  several   Acts,   for  granting  Lotteries,  for  the  purpose  of  QhaPt  70. 

completing   the  Locks  and    Canals  at  Amoskeag  Falls,   in  the   State   of  New 

.   Hampshire.  ].?\     '..\. 

^  .  (V.  3.  p.  440.) 

Sect.  1 .     BE  il  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the   authority   of  the  Manac^ers  to 
?ame.  That  his  Excellency  the  Governor  be,  and  he  is  hereby  exhibit  their 
authorized  to  call  upon  the  agents  and  managers  of  the  Amos-  accounts, 
keag  Lotteries,  appointed  agreeably  to  the  acts  of  March  ninth,  ^^^^^ch.  108. 
one  thousand  eight  hundred  and  four,  and   March  fourteenth, 
one  thousand  eight  hundred  and  six,  or  their  legal  representa- 
tives, to  exhibit  to  him  a  true   and  perfect  statement  of  the 
sales  of  their  tickets,  receipts  of  money,  and    their  expendi- 
tures and  appropriations. 

Sect.  2.     Ayid  be  it  further  enacted.   That  if  the  accounts  Attorney  or 
so  rendered  be  not  satisfactory  to  his  Excellency  the  Gov-  Solicitor  Gen. 
ernor,  then  he  is  hereby  empowered  to  direct  the  Attorney  or    """'"'' "" 
Solicitor  General  to  sue  the  bond  of  such  agent  or  agents,  man- 
ager or  managers,  as  shall  not  exhibit  accounts  satisfactory  to 

TOL.    IV,  19 


directed  in 
case. 


146 


1807. 


Chap.  73. 


him.     [jMarch  1. 
ch.  167. 


1808.]     Further  acts— 1813  ch.   176:  1814, 


Chap.  73. 

1805  ch.  25. 


Parish  incor- 
porated. 


Parishioners  to 
elect. 


Persons  en- 
titled to  vote. 


Property  may 
be  conveyed. 


Proviso. 


An  Act  to  incorporate  the  easterly  part  of  the  Town  of  Cambridge  into  a  Parish, 
by  the  name  of  The  Cambridge  Port  Parish,  and  for  other  purposes. 

Se^t.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen" 
talives,  in  General  Court  assembled^  and  by  the  authority  of  the 
same,  That  the  members  of  the  Cambridge  Port  Meeting- 
house Corporation,  together  with  the  polls  and  estates,  situate 
in  the  fifth  school  district,  in  the  town  of  Cambridge,  as  esta- 
blished in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  two,  which  school  district,  did  include  all  the  lands  within 
the  same  town,  situated  southerly  and  easterly  of  a  road  or 
private  way,  which  is  between  Judge  Dana's  mansion  house, 
and  his  farm  house,  and  running  northerly  in  the  direction  of 
said  road  to  Charlestown  line,  and  southerly  in  said  direction 
to  Charles  river,  be,  and  they  hereby  are  incorporated  into  a 
Parish,  for  the  purpose  of  supporting  public  worship  in  Cam- 
bridge Port  Meeting  house,  by  the  name  of  The  Cambridge 
Port  Parish,  v/ith  all  the  powers  and  privileges  to  which  Pa- 
rishes are  entitled  by  the  constitution  and  laws  of  this  Com- 
monwealth. 

Sect.  2.  Be  it  further  enacted,  That  all  the  persons  now 
residing  within  the  said  Cambi-idge  Port  Parish,  or  in  the  first 
Parish  in  Cambridge  aforesaid,  who  are  not  petitioners  for 
this  act,  and  who  are  taxed  by  the  first  Parish  in  said  Cam- 
bridge, and  shall  wish  to  continue  their  relation  to  said  first 
parish,  may  have  their  polls,  and  the  estates  by  them  owned 
and  occupied,  exempted  from  taxation  by  the  Cambridge  Port 
Parish,  and  taxed  in  the  first  Parish,  each  year,  in  which,  in 
the  month  of  March,  they  shall  signify  the  same  in  writing  to 
the  clerks  of  the  respective  Parishes. 

Sect.  3.  Be  it  further  enacted.  That  all  the  persons  now  re- 
siding within  the  said  first  parish,  who  shall  wish  to  join  the  said 
Cambridge  Port  Parish,  may  have  their  polls,  and  the  estates  by 
them  owned  and  occupied,  exempted  from  taxation  to  the  said 
first  parish,  and  taxed  by  the  Cambridge  Port  Parish,  each 
year,  which,  in  the  month  of  March,  they  shall  signify  the 
same  in  writing  to  the  clerks  of  the  respective  parishes. 

Sect.  4.  Be  it  further  enacted.  That  each  member  of  said 
Cambridge  Port  Parish,  who  shall  own  a  pew  or  pews,  in  the 
said  Cambridge  Port  Meeting-house,  shall  have  a  right  to  vote 
in  parish  affairs. 

Sect.  5.  Be  it  further  enacted,  That  the  Cambridge  Port 
Meeting  house  Corporation,  may  convey  to  the  Cambridge 
Port  Parish,  on  such  conditions,  as  may  be  by  them  mutually 
agreed,  all  the  property  of  the  said  Cambridge  Port  Meeting 
house  Corporation,  subject  to  the  payment  of  their  just  debts  ; 
and  indentures  by  their  agents  for  such  purpose  appointed, 
mutually  signed  and  sealed,  when  acknowledged  and  recorded 
in  the  registry  of  deeds,  for  the  county  of  Middlesex,  shall  be 
deemed  valid  in  law  :  Provided  however.  That  the  members  of 
said  parish  shall  not  be  liable  to  be  taxed  for  the  expense  of 
building  said  Meeting  house ;  and,  provided  alsoy  that  whenever 


1807. Chap.  73—74.  147 

the  Cambridge  Port  Meeting  house  Corporation,  shall  have 
conveyed  all  iheir  property  to  said  Cambridge  Port  Parish, 
that  then  all  the  powers  of  the  corporation  shall  be  extinct,  ex- 
cepting so  far  as  may  be  necessary  lor  collecting  assessments 
aire  idy  made,  and  fulfilling  existing  contracts. 

Sect.  6.  And  he  it  further  enacted,  That  any  Justice  of  the  Justice  to  issu. 
Peace  in  the  county  of  Middlesex,  be,  and  is  hereby  author-  warrant. 
ized  to  issue  his  warrant,  directed  to  some  suitable  person,  re- 
quiring him  to  warn  the  members  of  said  parish  qualified  to 
vote  in  parish  affairs,  to  assemble  at  some  suitable  time  and 
place  in  said  parish,  to  choose  such  parish  officers  as  are  by 
law  required  to  be  chosen,  in  the  months  of  March  or  April, 
annually,  and  to  transact  all  other  matters  and  things  relative 
to  said  parish.     [March  1,  1808.] 

An  Act  for  incorporating  certain  persons,  for  the  purpose  of  biiil<ling  a  Bridge   Cho/p.  74. 
over  Cliatles  River,  between  Cauibritlge  and  Brighton,  in  the  County  of  Mid- 
dlesex. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assernbled,  and  by  the  authority  of  the 
same,  That  Jonathan  Loring  Austin,  Samuel  Wyllys  Pome-  Proprietors  in- 
roy,  Josiah  Knapp,  Josiah  Bacon,  Samuel  Sumner,  John  Hay-  corpoiated. 
den,  and  all  otliers  who  arc,  or  may  hereafter  be  associated  with 
them,  be,  and  hereby  are  constituted  a  corporation  and  body 
politic,  by  the  name  of  The  Proprietors  of  Brighton  and  Cam- 
bridge Port  Bridge,  for  the  purpose  of  building  a  Bridge  over 
Charles  River,  between  the  towns  of  Cambrid;je  and  Brighton, 
which  bridge  shall  form  part  of  a  common  highway,  to  be  laid 
out  by  the  said  proprietors  and  others,  from  the  Meeting  house 
in  Brighton,  to  the  county  road  in  Cambridge,  leading  to  West- 
Boston  bridge,  and  entering  the  same  road  opposite  the  south 
end  of  a  county  road  leading  to  Charlestown  ;  and  that  the 
said  proprietors  by  the  same  name,  may  sue  and  be  sued,  to 
final  judgment  and  execution,  and  do,  and  suffer  all  other  acts 
and  things,  which  bodies  politic  may,  or  ought  to  do  ;  and  the 
said  corporation  shall  and  may  have  and  use  a  common  seal, 
and  the  same  may  break  and  alter  at  pleasure. 

Sect.  2.     JJnd  he  it  further  enacted,  That  the  said   bridge  Bridge  to  be 
shall  be  built  of  good  and  sufficient  materials,  not   less   than  I^jatedlfsr"^ 
twenty-five  feet  wide,  and  well  covered  with  plank  or  timber, 
suitable  for  such  a  bridge,  with  sufficient  rails  on  each  side  for 
the  safet}''  of  passengers ;  and  there  shall  also  be  made,  a  good 
and  sufficient  draw,  or  passage-way,  not  less  than  thirty  feet 
wide,  with  a  leaf  or  leaves,  not  less  than  sixteen  feet  in  length, 
which  shall  at  all  times,  on  demand,  be  raised  for  the  passage 
of  vessels,  which  cannot  otherwise  pass  under  said  bridge,  by 
the  agent  of  said  proprietors  ;  and  any  person  or  persons,  who  Damages  ia 
may  be  unreasonably   delayed   and  hindered  in  the  passage  case  of  delay, 
through  said  bridge,  by  the  neglect  of  said  proprietors,  in  this 
behalf,  shall  recover  and  have  of  said  proprietors,  double  the 
amount  of  damages  incurred  by  such  unreasonable  delay;  and 
the  said  proprietors  shall  be   holden  and  obliged,  within  one 
month  from  and  after  the  completion  of  said  bridge,  to  lodge  in 
the  clerk's  ofl[ice  of  the  Court  of  Sessions,  in  the  county  of  Mid- 


148 


1807. 


Chap.  74. 


Road  to  be 
made. 


Bridge  to  be 
kept  in  good 
reparr. 


Manner  of  cal- 
ling meeting. 


dlesex,  a  good  and  sufficient  bond,  made  and  executed  by  one 
or  more  of  the  individuals  of  said  proprietors,  to  the  satisfac- 
tion of  said  court,  conditioned  for  the  faithful  performance  of 
the  duties  of  raising  and  opening  said  draw,  for  the  conve- 
nience of  the  navigation  of  said  river,  and  for  the  recovery  of 
the  double  damages  provided  for  in  this  act. 

Sect.  3.  And  he  it  further  enacted^  That  the  said  proprie- 
tors shall  make  the  road,  from  the  Brookline  road,  near  the 
house  of  Thomas  Gardner,  in  Brighton,  to  the  county  road  in 
Cambridge,  as  the  same  is  now  laid  out  by  them,  and  describ- 
ed in  the  first  section  of  this  act,  to  the  acceptance  of  three 
disinterested  freeholders  in  the  county  of  Middlesex,  to  be  ap- 
pointed by  the  Court  of  Sessions  of  said  county,  to  view  and 
report  thereon,  when  the  same  road  may  be  completed  ;  and 
the  said  proprietors  shall  give  notice  thereof  to  said  Court  of 
Sessions  ;  and  (he  report  of  said  commissioners,  that  the  said 
road  is  well  and  suitably  made  for  a  public  highway,  shall  be 
conclusive  evidence  of  a  compliance  by  the  said  proprietors, 
with  the  requisitions  of  this  act,  in  this  behalf:  And  be  it  further 
enacted,  That  the  town  of  Cambridge,  shall  be  exempted  for 
the  term  of  twenty  years,  from  and  after  the  passing  this  act, 
from  any,  and  all  the  expense  which  may  arise  on  account  of 
said  road. 

Sect.  4.  And  be  it  further  enacted.  That  the  said  proprietors 
shall  be  held  and  obliged  to  maintain  and  keep  the  said  bridge 
in  good  and  sufficient  repair,  for  the  term  of  twenty  years  from 
the  time  of  its  erection,  and  shall,  during  said  term,  cause  the 
draw  or  passage-way  of  said  bridge,  to  be  raised  and  opened, 
as  required  by  the  second  section  of  this  act,  and  no  longer; 
and  the  towns  of  Brighton  and  Cambridge,  shall  not  be  liable 
for  any  charge,  costs,  or  expense,  for  the  support  of  said 
bridge,  or  to  any  presentment,  indictment,  information,  or  civil 
action,  for  any  defect  in  said  bridge,  or  any  damage  sustained 
by  any  person,  by  reason  of  such  defect,  for  and  during  the 
said  term  of  twenty  j^ears. 

Sect.  5.  And  be  it  farther  enacted,  That  the  said  Jona- 
than Loring  Austin,  and  Samuel  Wyllys  Pomeroy,  or  either  of 
them,  Tnay,  by  advertisement  in  any  two  of  the  Boston  news- 
papers, warn  or  call  a  meeting  of  the  said  proprietors,  to  be 
holden  at  Boston,  at  any  suitable  time  after  seven  days  from 
the  publication  of  said  advertisement  ;  and  the  'said  proprie- 
tors, or  a  majority  of  them  (allowing  a  vote  to  each  share)  at 
the  same  meeting,  shall  choose  a  clerk,  who  shall  be  sworn  to 
a  faithful  discharge  of  his  office  ;  and  shall  also  agree  on  the 
form  of  calling  future  meetings ;  and  at  the  same,  or  any  sub- 
sequent meeting,  may  choose  any  other  ofHcer  or  officers  they 
may  judge  necessary,  and  establish  any  rules  and  regulations 
for  the  government  of  said  corporation,  not  repugnant  to  the 
laws  or  constitution  of  this  Commonwealth,  and  for  the  breach 
of  any  of  them,  may  order  and  enjoin  fines  and  penalties  not 
exceeding  ten  dollars, 


1807. Chap.  74—76.  149 

Sect.  6.     j^nd  be  it  further  enacted,   That  if  the  said  pro-  Void  in  case  ef 
prieLors  shall  neglect,  for  the  space  of  two  years  from  the  pas-  "^^  ^'^^' 
sing  of  this  act,  to  build  the   said   bridge,  and  make  the   said 
road,  conformable  to  the  provisions  herein  contained,  then  this 
act  shall  be  void  and  of  no  effect.     [March  2,  1808.]     Add. 
act— 1809  ch.  41. 

An  Act  to  preserve  and  secure  from  damage  Salter's  Beach,  so  called,  and  tlie   C/lOp.    'b. 
IVJeadows  thereto  adjoining,  in  the  Town  of  Duxbury. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  inhabitants  of  the  town  of  Duxbury,  in  the  county  of  inhabitants 
Plymouth,  be,  and  they  hereby  are  authorized  and  empowered  ^""P°^®" 
to  build  a  sea  wall,  palisade,  or  hedge  fences,  to  preserve  and 
secure  Salter's  Beach,  so  called,  and  the  meadows  thereto  ad- 
joining, fi'om  the  incursions  and  encroachments  of  the  sea,  and 
the  same  from  time  to  time  to  repair  as  occasion  may  require, 
and  for  said  purposes,  to  make  use  of  any  stones,  sand,  gravel 
or  clay  there  found,  and  also  to  take  and  appropriate  all  the 
lumber  which  may  at  any  time  drift  on  to  said  beach,  unless 
the  same  shall  be  reclaimed  by  the  owner  or  owners  thereof 
within  sixty  days. 

Sect.  2.  Be  it  farther  enacted,  That  from  and  after  the  Penalty  for 
first  day  of  April  next,  no  neat  cattle,  horses  or  sheep  shall  d"v"ig  cattle. 
be  permitted  to  go  at  large  on  said  beach  or  meadows  :  and  if 
any  person  shall  voluntarily  turn  or  drive  on  to  said  beach  or 
meadows,  or  any  part  thereof,  any  such  creatures,  he  shall 
forfeit  and  pay  to  the  use  of  said  town,  for  every  one  of  such 
creatures,  excepting  sheep,  one  dollar ;  and  for  every  sheep, 
twenty-five  cents. 

Sect.  3.  Be  it  further  enacted.  That  no  person,  without  Penalty  for 
the  permission  of  the  selectmen  of  said  town,  or  of  the  commit-  carrying  away, 
tee  hereinafter  mentioned,  for  the  time  being,  shall  dig  up, 
take  or  carry  away  any  stones,  gravel,  sand  or  clay,  found  on 
said  beach  or  meadows,  nor  take  or  carry  away  any  lumber 
or  wood  which  may  drift  on  to  said  beach,  unless  such  lumber 
may  belong  to  or  have  drifted  from  the  possession  of  such  per- 
son or  persons,  on  pain  that  every  person  so  offending  shall 
forfeit  and  pay  to  the  use  of  said  town,  at  and  after  the  rate  of 
two  dollars  for  every  ton  of  stones,  sand,  gravel  or  clay,  so 
dug  up,  taken  or  carried  away,  and  four  dollars  for  every  ton 
of  lumber,  and  one  dollar  for  every  foot  of  wood,  so  taken  or 
carried  away. 

Sect.  4.     Be  it  further  enacted,  That  the  penalties  aforesaid  Appiopria- 
may  be  sued  for  by  the  treasurer  of  said  town,  for  the  time  *'°"^' 
being,  and  recovered  to  the  use  of  said  town  by  action  of  debt 
in  any  court  proper  to  try  the  same. 

Sect.  5.     Be  it  further  enacted,  That  it  shall  be  lawful  for  Cattle  may  be 
any  person  or  persons  to  take  up  and  impound  any  neat  cattle,  •mpou"'Jed. 
horses  or  sheep,  at  any  time  found  going  at  large  on  said  beach 
or  meadows,  he  or  they  relieving  such  creatures  with  suitable 
meat  and  water  during  the  time  of  their  confinement.     And 
when  any  of  the  creatures  aforesaid  shall  be  so  impounded,  it 


150  1807. Chap.  76. 

shall  be  the  duty  of  the  person  or  persons  impounding,  within 
twenty-four  hours  to  inform  the  owner  thereof,  if  known,  by 
leaving  a  written  notification  at  his  usual  place  of  abode ;  or, 
if  unknown,  by  posting  up  a  written  notification  in  some  public 
place  in  said  town,  and  also  in  the  town  of  Marshfield  ;  which 
notification,  in  either  case,  shall  describe  such  creatures,  and 
specify  the  time,  place,  and  cause  of  impounding  them.    And  if 
such  owner  shall  not  within  three  daj^s  from  the  time  of  leaving 
May  be  sold  at  or  posting  up  such  notification,  pay,  or  offer  to  pay,  to  the  pound- 
auction,  keeper,  the  penalty  or  penalties  incurred  as  aforesaid,  and  also 
the  reasonable  expenses  of  the  relief  and  sustenance  of  such 
creatures,  together  with  the  pound-keeper's   legal   fees,   such 
pound-keeper  may  proceed  to  sell  such  creatures  at  public  auc- 
tion ;  first  giving  notice  of  the  time  and  place  of  sale,  by  post- 
ing a  written  notification  thereof  in  some  public  place  in  each 
of  said  towns,  at  least  forty-eight  hours  before  said  sale  ;  and  af- 
ter deducting  from  the  proceeds  of  any  such  sale,  the  said  pe- 
nalties, expenses  and  fees,  together  with  the  costs  of  such  sale, 
i  the  surplus,  if  any,  shall  be  paid  to  such  owner,  if  he  shall  de- 
mand the  same,  within  sixty  days  after  such  sale,  otherwise  it 
*         shall  be  paid  into  the  treasury  of  the  said  town   of  Duxbury, 
for  the  use  of  said  town, 
eoramittee  to         Sect.  6.     Be  it  further  enacted.  That  said  town  of  Duxbury, 
lie  appointed,     g^j  jj^g  annual  meeting  thereof  in  March  or  April,   may  choose 
a  committee  of  one  or  more  persons,  whose  duty  it  shall  be  to 
cause  the  provisions   of  this  act  to  be   carried    into    full    ef- 
fect, and  who  shall  be  sworn  to  the  faithful  discharge  of  that 
duty. 
Persons  inter-         Sect.  7.     Be  it  further  enacted^  That  if  any  person  has  a 
ested  entitled     [\^\^  jp  qj.  [q  gg^j^j  ^each  or  meadows  or  any  part  thereof,  he 
tion°for'  dama-  shall  have  a  right  to  a  compensation  in  damages,  to  be  paid  by 
§es.  said  town  of  Duxbury,  for  any  injury  he  may  sustain  by  any 
of  the  provisions  of  this  act;  which  damages  shall  be  estimated 
by  a  jury,  to  be  awarded  by  the  Court  of  Common  Pleas,  in 
and  for  said  county,   and  recovered   with  costs  in   the   same 
manner  in  which   damages  are  estimated   and  recovered  by 
persons  injured  by  the  laying  out  of  highways  ;  Provided^  ap- 
plication therefor  be  made  by  petition   to  said  court,  within 
twelve  months  from  and  after  the  passing  of  this  act;  saving  to 
said   Duxbury  the  right  to  contest  the  title  of  any  such  appli- 
cant, in  and  to  said  beach  or  meadows  or  any  part  thereof,  by 
pleading  to  issue  to  any  such  petition.     And  such  issue,  whether 
in  law  or  fact,  shall  be  tried  in  said  court,  and  either  party 
shall  have  a  right  to  appeal  from  the  judgment  of  said  court 
Jury  to  esti-      thercon,  to  the  Supreme  Judicial  Court,  in  and  for  said  county; 
mate  damages,  and  in  case  such  issue  be  finally  determined  in  favor  of  such 
applicant,  said  Court  of  Common  Pleas  shall  proceed  to  award 
a  jury  to  estimate  his  damages  as  aforesaid ;  but  if  such  is- 
sue be  finally  determined  against  such  applicant,  said  town 
shall  recover  against  him  their  costs.     [J^larch  3,  1808.] 


1807. Chap.  77—79.  151 

An  Act  further  to  continue  in  force,  An  Act,  entitled,  "  An  Act  to  establish  the  C/^^j).  77, 
Taunton  and  New-Bedford  Turnpike  Corporation."  ,„„,    ,     ,    . 

■  •      I'^OS  ch.  104. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  m  (v.  3.  p.  360.) 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  act,  entitled,  "  An  act  to  establish  the  Taunton  and  New-Bed- 
ford Turnpike  Corporation,"  shall  be,  and  is  hereby  continued 
in  full  force  and  effect,  for  and  during  the  term  of  four  years, 
from  and  after  the  third  day  of  March,  which  will  be  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  eight ;  any 
thing  in  the  said  act  of  incorporation  to  the  contrary,  notwith- 
standing.    [March  3,  1808.] 

An  Act,  in  addition  to  an  Act,  entitled,   "  An  Act  to  incorporate  sundry  persons  Qhfin    78 
into  a  company,  by  the  name  of  the  Proprietors  of  the  Exchange  Coffee-House."  "' 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,   and  by   the  authority  of  the 
same.  That  the  said  corporation  be,  and  hereby  is  authorized  Proprietors 
and  empowered  to  raise  on  mortgages  of  real  estate  only,  with-  empowered  te 
out  personal  responsibility,  a  sum  of  money  not  exceeding  fifty  '*'*^  money- 
thousand  dollars,  for  defraying  the  expense  of  erecting  and 
completing  their  buildings,  and  the  money  raised  as  aforesaid, 
shall  be  used  and  applied   for  the  purposes  aforesaid,  and  for 
no  other  purpose  whatever. 

Sect.  2.     Be  it  further  enacted.    That    the   real   estate   of  Estate  liable  is 
said  corporation  shall  be  liable  for  the  debts  already  contract-  c^^se  of  defi- 
ed by  said  corporation,  any  thing  herein  contained,  notwith-   '^"*^^' 
standing.     [March  3,  1808.] 

An  Act  to  incorporate  the  Proprietors  of  India  Wharf,  in  the  Town  of  Boston.  Chat)    79 

WHEREAS  sundry  persons  are  proprietors  of  a  certain 
Wharf,  situate  in  the  town  of  Boston,  near  Batterymarch-street,  Preamble, 
bounded  northerly  by  the  wharf  of  the  Broad-sireet  Associa- 
tion ;  westerly  by  a  range  of  lots  and  stores  fronting  on  India 
Wharf,  the  front  of  which  lots  is  distant  about  two  hundred 
feet  easterly  from  Batterymarch-street,  then  bounded  souther- 
ly on  a  block  of  thirty-two  brick  stores  standing  on  said  India 
Wharf;  westerly  on  the  end  of  the  same  block,  and  northerly 
again  on  the  same  block,  then  bounded  westerly  again  on  a 
straight  line,  running  across  from  the  westerly  end  of  the  same 
block,  to  the  breastwork,  on  land  of  John  Rowe  and  others, 
and  bounded  on  all  other  sides  by  the  capsill  of  said  India 
Wharf,  with  the  docks  and  flats  thereto  belonging  and  apper- 
taining ;  as  also  two  brick  stores  in  the  said  block  of  thirty- 
two  stores,  numbered  twenty-nine,  thirty-six,  thirty-two  and 
thirty-three,  and  commonly  called  the  India  Stores,  and  one 
store  lot  in  the  range  of  lots  aforementioned,  measuring  twenty- 
four  feet  wide  on  the  front,  on  said  wharf,  and  keeping  the 
same  width  eighty-six  feet  deep;  and  they  have  petitioned  this 
court,  that  they  may  be  incorporated  for  the  purpose  of  ena- 
bling them  the  better  to  manage  and  improve  their  said  es- 
tate : 

Sect.  1.     Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by  the  authority  Pronrietow  in- 
of  the  same,  That  Uriah  Getting  and  Francis  Cabot  Lowell,  «wpw»t«d. 


152 


1807. 


Chap.  79, 


Powers  of  the 
corporation. 


Property  divid- 
ed into  shares. 


Proviso. 


with  their  associates,  successors  and  assigns,  shall  be,  and 
hereby  are  constituted  a  body  politic  and  corporate,  by  the 
name  of  the  Proprietors  of  India  Wharf;  and  the  said  corpora- 
tion by  the  said  name,  are  hereby  declared  and  made  capable 
in  law  to  sue  and  be  sued,  to  implead  and  be  impleaded,  to 
have  a  common  seal,  and  aker  and  renew  the  same  at  plea- 
sure, to  make  rules  and  by-laws  for  the  regulation  and  manage- 
ment of  the  said  estate,  consistent  with  the  laws  of  the  Com- 
monwealth, and  generally  to  do  and  execute  whatever  by  law 
shall  appertain  to  bodies  politic. 

Sect.  2.  Be  it  further  enacted^  That  the  said  corporation 
shall  be,  and  hereby  is  declared  capable  to  have,  hold  and 
possess  all  of  the  said  wharf,  lands  and  flats,  which  may  be 
situate  within  the  aforesaid  limits  and  boundaries,  provided 
the  lawful  proprietors  or  owners  thereof  legally  convey  the 
same  to  said  corporation  ;  and  the  said  corporation  shall  have 
power  and  liberty  to  grant,  sell  and  alien  in  fee  simple  or 
otherwise,  their  corporate  property,  or  any  part  thereof,  being 
situated  within  the  aforesaid  limits  and  boundaries,  and  to 
lease,  manage  and  improve  the  same  according  to  the  will  and 
pleasure  of  the  said  corporation,  to  be  expressed  at  any  legal 
meeting. 

Sect.  3.  Be  it  further  enacted,  That  all  the  said  corporate 
property  shall  be  divided  into  four  hundred  shares,  and  the 
said  corporation  may  at  any  legal  meeting  agree  upon  the 
form  of  deeds,  to  be  given  by  said  corporation  to  the  original 
proprietors  of  the  number  of  shares  by  them  respectively  held, 
which  deeds  shall  be  under  the  seal  of  said  corporation,  shall 
be  signed  by  the  president  thereof,  and  be  duly  acknowledged 
and  recorded  in  the  registry  of  deeds  for  the  county  of  Suffolk, 
and  said  corporation  shall  also  have  power  from  time  to  time 
upon  each  share,  to  assess  such  sums  of  money  as  may  be 
deemed  necessary  for  erecting  wharves  and  buildings  within 
the  aforesaid  limits,  and  generally  for  the  improvement  and 
good  management  of  said  estate,  agreeably  to  the  true  intent  of 
this  act ;  and  to  sell  and  dispose  of  the  shares  of  delinquent 
proprietors  for  the  payment  of  such  assessments,  at  such  time 
and  manner  as  the  said  corporation  may  determine  ;  and  in 
case  of  such  sale,  a  deed  or  deeds,  duly  executed  and  acknow- 
ledged by  the  president  of  said  corporation,  or  by  any  other 
officer  for  that  purpose  specially  authorized  by  said  corpora- 
tion, and  recorded  in  the  registry  of  deeds  for  the  county  of 
Suffolk,  shall  be  as  effectual  to  convey  such  delinquent  pro- 
prietor's estate  and  interest  in  such  shares,  as  if  the  same  had 
been  made  and  executed  by  such  proprietor  himself:  Provided 
however^  That  the  value  of  the  buildings  held  by  said  corpora- 
tion, shall  not  exceed  at  any  one  time  fifty  thousand  dollars, 
exclusive  of  the  land. 

Sect.  4.  Be  it  further  enacted.  That  the  shares  of  each  pro- 
prietor in  said  corporate  property,  shall  be,  and  be  considered 
in  all  respects,  real  estate ;  shall  be  transferred  and  conveyed 
in  the  usual  manner,  by  deed  duly  acknowledged  and  recorded, 
and  shall  be  subject  and  liable  to  attachment  and  execution. 


1807. Chap.  79—83.  153 

» 

to  dower  and  descent  to  heirs,  and  to  all  other  incidents  of  real 
estate :  Provided  however,  That  in  case  of  levying  an  execu-  Proviso. 
tion  on  any  of  said  shares,  the  same  shall  not  be  appraised  and 
set  off  to  the  creditor  on  such  execution ;  but  such  share  or 
shares  shall  be  sold  by  the  officer  having  the  execution  in  like 
manner  in  all  respects,  as  is  by  law  prescribed  for  the  sale  of 
rights  in  equity  of  redeeming  real  estates  mortgaged ;  and  the 
debtor  shall  have  the  liberty  of  redeeming  the  share  or  shares 
so  sold,  within  one  year  after  the  conveyance  thereof  by  the 
officer,  by  paying  the  sum  which  may  have  been  given  there- 
for at  such  sale,  with  the  interest  thereof,  and  also  all  assess- 
ments which  may  have  been  in  the  mean  time  paid  by  the 
purchaser,  his  heirs  or  assigns,  with  the  interest  thereof,  de- 
ducting the  dividends,  rents  and  profits,  which  the  purchaser, 
his  heirs  or  assigns  may  have  received :  and  no  part  of  the 
land,  wharf  or  estate  of  said  corporation  shall  ever  be  divided 
or  set  off  by  metes  and  bounds,  on  any  such  execution  against 
any  individual  proprietor,  nor  on  assignment  of  dower,  nor  on 
any  partition  or  division  among  the  heirs  of  any  proprietor, 
nor  on  the  suit  or  petition  of  any  such  proprietor. 

Sect.  5.     Be  it  further  enacted,   That  the  said  Cotting  and  Manner  of 
Lowell,  or  either  of  them,  may  call  a  meeting  of  said  corpora-  calling  meet- 
tion,  by  advertising  the  same,  in  any  of  the  public  newspapers  '"^* 
printed  in  Boston,  at  least,  ten  days  before  the  time  of  meeting; 
and  at  that  or  any  other  legal  meeting,   the  said  corporation 
may  agree  on  the  mode  of  calling  and  warning  future  meetings, 
and  may  elect  a  president,  trustees,  clerk,  or  such  other  offi- 
cers as  they  may  judge  fit,  for  the  orderly  conducting  of  their 
affairs,  and  the  prudent  management  of  their  estate,  and  such 
officers  at  their  pleasure  may  change  or  remove;  and  at  all 
their  meetings  the  proprietors  present  may  vote  according  to 
their  interest  in  said  property,  allowing  one  vote  to  each  share, 
and  absent  proprietors  may  vote  by  proxy  authorized  in  writ- 
ing. 

Sect.  6.  Provided  however,  and  he  it  further  enacted,  That  Assessment. 
no  assessment  shall  be  made  at  diuy  meeting,  unless  agreed  to 
by  two-thirds  at  least,  both  in  number  and  value  of  those  pre- 
sent and  represented  ;  nor  unless  notice  shall  have  been  given, 
at  least,  ten  days  previous  to  such  meeting,  of  the  purpose  of 
such  meeting,  by  p\iblishing  the  same  in  some  one  or  more  of 
the  newspapers  printed  in  Boston.     [March  3,  1808.] 

An  Act  to  set  off  certain  persons  of  the  First  Parish  in  the  Town  of  Fitchburg,  in  Chccp,  83. 
the  county  of  Worceeter,  and  to  annex  ihem  to  the  second  society  in  said  Town. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  Persons  annex 
Benjamin  Blaney,  Stephen  Dole,  Joseph  Farnsworth,  Oliver  ed. 
Fox,  Nehemiah  Giles,  Porter  Kimball,  and  William  Walton, 
members  of  the  First  Parish  in  the  town  of  Fitchburg,  in  the 
county  of  Worcester,  with  their  families  and  estates,  be,  and 
they  are  hereby  set  off  from  the  First  Parish,  and  annexed  to  the 
second  society  in  the  said  town,  called  the  Calvinistic  Congre- 
gational Society  in  Fitchburg  :  Provided,  That  each  of  the  per- 
sons herein  named,  shall  previously  pay  his  respective  propor- 

vot.  IV.  20 


154  1807. Chap.  86. 

tion  of  taxes  assessed  upon  him,  and  due  to  the  said  First  Parish^ 
prior  to  the  date  of  this  Act.     [March  4,  1 808.] 

Chctp>  86.       An  Act  to  incoiporate  the  Proprietors  of  a  New  Meeting  House,  in  the  Fourth 
Parish  in  Newbury,  in  the  county  of  Essex. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Proprietors  in-  *^"^^?  That  the  proprietors  of  the  new  meeting  house  in  the 
corporated.       fourth  parish  in  Newbury,  and  of  the  land  under  and  adjoining 
the  same,  shall  be,  and  they  are  hereby  incorporated  and  made 
a  body  politic  and  corporate,  by  the  name  of  the  Proprietors 
of  the  New  Meeting  House  in  High  Street,  in  the  Fourth  Parish 
of  Newbury ;   and  the  said  proprietors  are  hereby  made  capa- 
ble in  law,  to  purchase  and  hold  lands  or  tenements,  goods  or 
chattels,  provided  that  the  whole  estate  both  real  and  personal, 
belonging  to  the  said  corporation,  shall  not  at  any  time  exceed 
the  annual  value  of  three  thousand  dollars,  besides  their  meet- 
ing house,  and  shall  be  no  otherwise  used  or  employed  than  in 
the  support  of  a  religious  society,  and  the  offices  of  public  wor- 
ship and  christian  charity.     And  the  said  corporation  may  also 
sue  and  be  sued  in  any  action  real,  personal  or  mixed,  and  for 
debts  due  or  owing  before  or  after  this  act  of  incorporation  ; 
and  may  do  and  suffer  all  other  things  which  like  bodies  cor- 
porate may  or  ought  to  do  and  suffer. 
Empowered  to       Sect.  2.     Be  it  further  enacted^    That  the  proprietors  of  the 
raise  money,      meeting  house,  and  the  members  of  the  said  parish,  qualified  by 
law  to  vote  in  town  or  parish   meetings,   shall   have  power,  at 
any  meeting  legally  warned  and  holden  in  the  month  of  March 
or  April,  annually,  to  vote  and  raise  money  for  the  support  of 
the  public  worship  of  God,   and  the  incidental  charges  of  said 
parish  ;  also  to  make  such  repairs  or  alterations  of  said  meet- 
ing house,   at  the  expense  of  the  parish   as  they  shall  judge 
proper,  by  a  tax  to  be  laid  wholly  upon  the  proprietors  of  the 
pews  and   seats  of  the  said   meeting  house,  or  partly  on  said 
pews  and  seats,  and  partly  on  the  polls  and  estates  of  such  of 
the  memi)ers  of  said   parish,  as  shall  usually  and  statedly  at- 
tend public  worship  in  said  meeting  house,  and  shall  be  deter- 
mined  upon   by  a  majority  of  the  voters  who  shall  be  present 
at  such  meeting. 
Sale  of  pews  Sect.  3.     Be  it  further  enacted,  That  the  several  assessments 

ficienr*'^'^^'  ^^'^^'^^^  may  hereafter  be  made,  in  conformity  to  this  Act,  by 
the  assessors  of  saiJ  parish,  on  the  pews  in  their  said  meeting 
house,  or  on  the  pews  in  part,  and  partly  on  the  polls  and  es- 
tates of  the  inhabitants  and  members  of  said  parish,  shall  be 
considered  as  duly  assessed  ;  and  the  several  collectors  duly 
chosen  to  collect  the  same,  are  hereby  fully  authorized  to  col- 
lect the  taxes  to  them  committed ;  and  in  default  of  payment 
thereof,  to  sell  the  said  pews  in  the  manner  as  pointed  out  in 
the  fifth  section  of  this  Act;  and  if  need  be,  other  estate  as  the 
law  in  such  case  directs. 

Sect.  4.  Be  it  further  enacted,  That  for  the  due  and  equita- 
ble apportionment  of  the  taxes  hereafter  to  be  assessed  on  said 
pews,  the  inhabitants  and  members  of  said  parish,  as  often  as 
they  may  judge  necessary,  shall  cause  a  valuation  t6  be  taken 


1807. Chap.  86.  155 

of  the  pews  aforesaid,  by  a  committee  to  be  chosen  for  that  Committea  to 

purpose;  and  in  case  no  such  committee  is  chosen,  the  asses-  11*01^ (Tflhe"*' 

sors  of  said  parish,  for  the  time  being,  shall  take  such  valua-  pews. 

tion,  in  which  they  shall   number,  appraise  and  value  all  the 

pews  respectively,  according  to  their  rank  and  situation,  and 

make  a  fair  list  of  such  valuation,  and  keep  the  same  in  the 

office  of  (he  assessors,  to  be  delivered  to  their  successors ;  and 

also  a  copy  of  the  same  shall  be  kept  by  the  treasurer  of  said 

parish  ;  and  the  sums  voted  from  time  to  time  to  be  laid  on  the 

pews  aforesaid,  shall  be  apportioned  and  assessed  thereon,  by 

the  assessors  for  the  time  being,   according  to  such  valuation, 

and  until  a  new  one  shall  be  voted  by  said  parish. 

Sect.  5.  Be  it  further  enacted,  That  when  the  owner  or 
owners,  occupant  or  occupants  of  any  pew  or  pews  in  the  said 
'meeting  house  refuse  or  neglect  to  pay  the  tax  or  taxes  which 
have  been  or  may  be  hereafter  assessed  on  his  or  their  re- 
spective pew  or  pews,  then  the  collector  or  collectors  of  any 
such  tax  or  taxes  to  whom  the  same  is  committed,  v.ith  a  war-  J°"^'^^H^^™' 
rant  or  warrants,  in  the  form  prescribed  m  the  sixth  section  ot  sell  cieiin- 
this  Act,  shall  have  power  to  demand  and  receive  the  taxes  on  quents'pews. 
said  pews,  of  and  from  the  owners  or  occupants  thereof;  and  if 
payment  thereof  is  refused  or  neglected  for  thirty  days  after 
such  notice  and  demand,  by  said  collector  or  collectors,  to  the 
owners  or  occupants,  if  known,  and  living  in  said  parish;  or 
posted  up  at  the  door  of  said  meeting  house,  when  unknown, 
or  not  living  in  said  town  ;  of  all  which,  the  collector's  oath 
shall  be  admitted  as  sufficient  evidence,  such  collector  shall 
have  power  to  sell  such  pew  or  pews  at  public  sale  in  said 
parish,  to  the  highest  bidder,  notice  of  such  intended  sale  being 
given  four  days  at  least  after  the  expiration  of  said  thirty  days, 
and  before  the  time  of  sale,  by  posting  up  written  notifications 
at  the  door  of  said  meeting  house,  of  the  time  and  place  of  sale, 
distinctly  mentioning  therein  the  pew  or  pews  to  be  sold,  and 
their  numbers  respectively :  and  the  said  collector  shall  have 
power,  when  he  may  see  cause,  to  adjourn  the  said  sale  or  ven- 
due from  time  to  time,  not  exceeding  three  times,  and  not  be- 
yond thirty  days  from  the  day  first  appointed  for  the  said  sale; 
and  to  make  and  execute  a  deed  or  deeds  of  any  such  pew  or 
pev.'s,  sold  by  him,  conformably  to  this  Act ;  which  deed  or 
deeds,  with  said  notifications,  being  duly  recorded  in  the  books 
of  the  parish  clerk,  shall  vest  in  the  purchaser  the  interest  and 
estate  of  the  former  owner,  in  such  pew  or  pews,  and  in  the 
land  under  and  adjoining  the  said  meeting  house  ;  and  if  any 
overplus  remain  upon  such  sale,  the  same  shall  be  immediately 
paid  to  the  former  owner  or  owners  after  the  taxes  and  all  le- 
gal charges  are  deducted. 

Sect.  6.  Be  it  further  enacted,  That  the  collector  or  collec-  _  to  collect 
tors  of  the  said  parish,  to  whom  parish  taxes  have  been  or  may  parish  taxes, 
be  hereafter  committed,  with  a  warrant  or  warrants  for  collect- 
ing the  same,  in  the  form  prescribed  by  law,  for  collecting 
town  taxes,  mutatis  mutandis,  shall  have  the  same  power  to  col- 
lect such  parish  taxes  on  polls  and  estates,  as  collectors  of  town 
taxes  have  by  law :  and  shall  observe  the  same  directions  in 


156 


1807. 


Chap.  86—91. 


Justice  to  is- 
sue a  warrant, 


Chap.  87. 

1802  ch.  67. 
(V.  3.  p.  78.) 


Chap.  88. 

1802  ch.  67. 
(V.  3.  p.  78.) 
18«7  ch.  87. 


Chap,  91. 


.Persons  incor- 
porated. 


Time  of  meet- 
ing. 


collecting  and  paying  over  the  same,  according  to  their  war- 
rants, which  town  collectors  are  holden  to  observe. 

Sect.  7.  Be  it  further  macted,  That  any  justice  of  the  peace 
for  the  county  of  Essex,  is  hereby  authorized  to  issue  a  war- 
rant, directed  to  some  member  of  the  said  society,  requiring 
him  to  notify  the  members  of  the  said  society,  qualified  to  vote 
in  parish  affairs,  to*  meet  at  such  convenient  time  and  place,  as 
shall  be  appointed  in  said  warrant,  for  the  choice  of  such  offi- 
cers as  parishes  are  by  law  required  and  empowered  to  choose 
at  their  annual  parish  meetings.  [March  4. 1 808.]  Add.  act — 
1808  ch.  75. 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  establish  The  Sixteenth  Mas- 
sachusetts Turnpike  Corporation." 

BE  it  enacted  by  the  Senate  and  House  of  Representative^, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  so  much  of  the  said  turnpike  road  which  lies  between  the 
East  Street,  so  called,  in  Sheffield,  and  the  meeting  house  in 
the  same  town,  be,  and  the  same  is  hereby  discontinued  as  a 
turnpike,  and  the  said  corporation  are  hereby  discharged  from 
the  obligation  of  making  and  keeping  in  repair  that  part  of  said 
turnpike  lying  between  the  limits  aforesaid,  any  thing  in  the 
Act  to  which  this  is  in  addition  to  the  contrary  notwithstanding. 
[March  4,  1808.]     Further  acts— 1807  ch.  88:   1810  ch.  76. 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  establishing  The  Sixteenth  Mas^j 
sachusetts  Turnpike  Corporation." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
a  further  time  of  two  years,  from  the  fourteenth  day  of  Febru- 
ary, one  thousand  eight  hundred  and  eight,  be,  and  hereby  i* 
allowed  to  said  corporation  to  complete  their  said  turnpike 
road  ;  any  thing  in  the  original  act  of  incorporation  to  the  con- 
trary notwithstanding.  [March  4,  1  SOS.]  Further  act — 1810 
ch.  76. 

An  Act  to  incorporate  the  proprietors  of  the  Meeting   House  of  The  First  Bap- 
tist Society  in  Newburyport. 

Sect.  1 .  BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
senlatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Joseph  O'Brien,  Josiah  Plummcr,  and  Samuel  New- 
man, and  such  others  as  are,  or  may  hereafter  be  associated 
and  interested  with  them,  be,  and  they  hereby  are  incorporat- 
ed and  declared  a  body  politic  and  corporate,  by  the  name 
of  The  Proprietors  of  the  Meeting  House  of  the  First  Baptist 
Society  in  Newburyport,  and  by  that  name,  may  sue  and  be 
gued,  plead  and  be  impleaded,  appear,  prosecute  and  defend 
lo  final  judgment  and  execution  ;  and  may  purchase,  hold  and 
possess  all  such  real  estate  under  and  adjoining  to  said  meet- 
ing house,  as  may  be  for  the  accommodation  thereof,  to  the 
sole  use  and  benefit  of  said  proprietors  and  their  successors 
forever,  provided  the  value  thereof  do  not  exceed  twenty  thou- 
sand dollars. 

Sect.  2.  And  be  it  further  enacted,  That  the  said  proprie- 
tors qualified  to  vote  in  town  or  parish  meetings,  shall  and  ma^' 


1807. Chap.  91.  157 

assemble,  and  meet  together  in  the  month  of  March,  annually, 
in  said  meeting  house,  or  at  such  other  place  as  they  may 
think  most  convenient,  and  then  and  there,  (after  choosing  a 
moderator,  who  shall  have  the  same  power  to  regulate  and  go- 
vern said  meeting,  that  a  moderator  in  any  town  meeting  hath) 
may  proceed  to  choose  by  ballot  or  otherwise,  as  they  may  Choice  of  of&- 
think  proper,  a  clerk  to  enter  and  record  at  large  all  the  votes  ""• 
and  transactions  of  said  proprietors  ;  and  also,  to  choose  a 
treasurer,  assessors,  committee  and  collector,  (which  commit- 
tee may  be  the  same  with  the  assessors)  to  do  and  transact  all 
matters  and  things  which  they  by  this  act  are  authorized  and 
empowered  to  do  ;  and  the  clerk,  assessors,  and  collector,  shall 
be  SAvorn  to  the  faithful  discharge  of  the  duties  of  their  respec- 
tive offices. 

Sect.  3.     And  he  ii  farther  enacted^  That  the  annual  meeting  Manner  of 
of  said  proprietors,  to  be   holden    in   the   month   of  March  as  calling  meet- 
aforesaid,  shall  be  called  by  the  committee  of  said  proprietors,  '"2' 
or  a  major  part  of  said  committee,  by  posting  up  warnings  or 
notifications,  ofthe  time  and  place  of  holding  said  meetings, 
and  expressing  in  substance  all  matters  and  things  to  be  acted 
^pon,  seven   days,  at  least,  before   the  time   of  holding  said 
meeting,  at  the  door  of  said  meeting  house  ;  and  all  other  meet- 
ings of  said  proprietors  shall  be  called  in  manner  as  aforesaid,  ^ 
by  said  committee,  who  are  hereby  authorized  and   empower- 
ed to  call  a   meeting  of  said  proprietors  when  they  may  think 
proper,  or  when   thereto  requested  by  three  or  more  of  said 
proprietors. 

Sect.  4.  And  be  it  further  enacted,  That  said  proprietors,  Committee  em 
at  any  legal  meeting,  may  authorize  and  empower  their  com-  powered, 
raittee  to  sell  and  dispose  of  any  or  all  the  pews  in  said  meet- 
ing house,  in  such  manner,  and  to  such  person  or  persons,  as 
such  committee  may  think  proper;  and  the  deed  of  such  com- 
mittee, authorized  as  aforesaid,  duly  executed  and  acknow- 
ledged, and  recorded  on  the  town  record  of  said  Newburyport, 
shall  be  good  and  sufficient  to  pass  all  the  title  to  such  pew  or 
pews,  and  to  the  ground  under  and  adjoining  the  same,  and  all 
privileges  and  appurtenances  to  the  same  belonging ;  and  such 
purchaser  or  purchasers,  shall  thereupon,  on  receiving  such 
deed,  become  a  proprietor  and  proprietors  in  said  meeting 
house  to  all  inteats  and  purposes,  with  all  the  privileges  and 
advantages,  and  subject  to  all  the  liabilities,  for  the  comple- 
tion, repairs,  and  all  the  interest  of  and  concerning  the  said 
house,  which  the  present  proprietors  have  and  enjoy,  and  to 
which  they  are  subject ;  and  the  committee  so  authorized  as 
aforesaid,  shall  be  accountable  to  the  treasurer  of  said  pro- 
prietors for  all  monies  received  by  them  to  the  use  of  said  pro- 
prietors. 

Sect.  5.     And  be  it  further  enacted,  That  the  share  or  shares  Shares  liable 
of  such  person  or  persons,  who  have  subscribed  and  under-  to  be  sold  in 
taken  to  defray  and  support  a  certain   share  or  shares  of  the  '^^^^  of  delm- 
expenses  of  building  and  finishing  said  house,  and  who  have 
neglected  to  make  their  proportionate  advances  for  the  same, 
may  be  sold  at  public  auction,  under  such  regulations  as  are 


158 


1807. 


Chap.  91. 


Sale  to  be  ad- 
vertiied. 


hereinafter  mentioned ;  and  such  purchaser  or  purchasers  of  any 
such  share  or  shares,  shall  on  receiving  proper  evidence  of  his 
title  become  a  proprietor  in  said  house,  in  as  full  and  ample 
a  manner  as  those  who  have  fully  paid  their  proportion  of  said 
subcription ;  and  before  sale  of  any  such  delinquent's  share  or 
shares,  said  proprietors  shall,  at  a  legal  meeting  holden  for 
such  purpose,  pass  a  vote,  instructing  their  treasurer  to  notify 
all  such  delinquents,  proprietors  or  subscribers,  of  the  amount 
of  such  delinquencies,  and  that  said  shares  will  be  sold  at  pub- 
lic auction  to  pay  the  same,  if  they  are  not  paid  to  said  trea- 
surer with  costs  of  notification,  twenty  days,  at  least,  before 
the  day  appointed  to  sell  the  same,  and  such  notice  shall  be 
by  advertising  the  sale  of  said  shares  in  some  public  newspa- 
per printed  in  Newburyport,  three  weeks  successively,  the  last 
publication  thereof,  to  be,  at  least,  ten  days  before  the  time 
appointed  for  such  sale  ;  and  the  deed  of  the  treasurer  for  the 
time  being,  duly  acknowledged  and  recorded  on  the  town  re- 
cord of  said  Newburyport,  shall  pass  all  the  right  and  interest 
which  such  delinquent  had  in  such  share  or  shares  to  the  pur- 
chaser thereof,  and  the  overplus,  if  any  there  be,  after  paying 
such  sum  or  sums  as  shall  be  due  on  surh  share  or  shares  ;  and 
the  expenses  of  sale  shall  be  paid  to  such  delinquent,  and  such 
delinquent  shall  forever  thereafter  be  precluded  from  all,  and 
all  manner  of  claim  whatsoever,  against  the  said  corporation 
for  such  partial  advance  as  he  may  have  made  towards  said 
house. 

Sect.  6.  And  be  it  further  enacted,  That  the  assessors  first 
chosen  under  this  act,  shall  number,  appraise,  and  value  the 
pews  in  said  meeting  house  according  to  their  situation  and 
rank,  and  make  a  list  of  such  valuation,  and  keep  the  same  in 
the  office  of  the  assessors,  to  be  delivered  to  their  successors; 
and  the  sums  voted  from  time  to  time  to  be  laid  on  the  pews, 
shall  be  assessed  and  apportioned  thereon  by  the  assessors  for 
the  time  being  according  to  such  valuation  until  a  new  valua- 
tion shall  be  voted  by  said  proprietors,  and  which  shall  there- 
upon be  made  by  the  assessors  for  the  time  being  as  aforesaid ; 
and  said  assessors  may  overlay  a  sum  not  to  exceed  ten  per 
cent,  to  cover  abatements  and  to  avoid  fractions  ;  and  shall 
also  make  a  lis*!;  of  all  the  pews  in  said  house,  and  the  sum  as- 
sessed on  each  pew  therein,  and  shall  deliver  the  same,  with  a 
warrant  in  form  prescribed  by  law  for  collecting  town  taxes, 
mutatis  mutandis,  (but  no  seal  shall  be  necessary,)  and  signed 
by  them,  or  a  major  part  of  them,  to  their  collector  to  collect 
the  taxes  so  assessed  ;  and  said  assessors  shall  also  keep  copies 
of  such  lists  and  warrants  to  deliver  them  to  their  successors  ; 
and  any  person  thinking  his  assessment  too  high,  may  repre- 
sent the  same  to  the  assessors,  who  are  hereby  authorised  to 
make  such  abatement  as  they  may  think  reasonable. 

Sect.  7.     And  be  it  further  enacted,  That  if  the  payment  of 
pews  o^f  deiint    the  assessment  made  by  such  assessors  to  the  collector  of  said 
proprietors,  for  more  than  thirty  days  after  notice  thereof  giv- 
en by  said  collector  to  the  owner  or  owners  of  such   pew  or 
pews,  which  notice  may  be  by  posting  up  notifications  thereof 


Assessors  em- 
powered. 


Collector  em- 


quents. 


1807. Chap.  91—92.  159 

at  the  door  of  said  house,  of  which  such  collector's  oath  shall 
be  sufficient  evidence,  then  such  collector  may  expose  to  sale, 
at  public  vendue,  the  pew  or  pews  of  such  delinquent,  after 
giving  notice  of  such  sale,  four  days,  at  least,  before  the  time 
of  sale,  in  any  newspaper  printed  in  Newburyport,  and  after 
deducting  the  taxes  due  thereon,  and  the  charges  of  notifica- 
tion and  sale,  shall  pay  the  overplus,  if  any  there  be,  to  such 
former  owner  or  owners  thereof:  and  the  deed  of  such  col- 
lector duly  acknowledged  and  recorded  on  the  records  of  the 
town  of  Newburyport,  of  any  pew  or  pews  sold  in  manner  as 
aforesaid,  shall  pass  to  the  purchaser  thereof,  a  good  and  ab- 
solute title  of  the  same. 

Sect.  8.     And  be  it  further   enacted^  That  the  clerk,   asses- 
sors, and  collector  of  said  proprietors,  shall  before  entering  on 
the  duties  of  their  respective  offices  take  the  following  oath,  to  ^^'''' 
wit  : — You    being  chosen  for  the  proprietors   of  the 

meeting  house  of  the  first  Baptist  Society  in  Newburyport,  do 
swear,  that  you  will  do  and  perform  all  the  duties  pertaining 
to  that  office  according  to  law.  So  help  you  God. — Which* 
oath  shall  be  administered  to  the  clerk  by  the  moderator,  or 
by  a  justice  of  the  peace,  immediately  on  his  being  chosen, 
and  before  the  transaction  of  any  further  business,  which  oath 
being  recorded  by  said  clerk,  shall  be  sufficient  evidence  there- 
of, and  said  oath  may  be  administered  to  the  other  officers  by 
the  clerk,  or  by  a  justice  of  the  peace,  and  be  recorded  on 
the  records  of  said  proprietors  by  their  clerk. 

Sect.  9.  And  be  it  further   enacted^  That   any  Justice  of  the  Manner  of 
Peace  for  the  county  of  Essex,  is  authorized  and  empowered  to  pa"'"S  "'^^t- 
call  the  first  meeting  of  said  proprietors,  by  causing  a  notifica-  *"^* 
tion  thereof,  to  be   published  in  the   Newburyport  Herald  two 
wrecks  successively,  the  last  publication  thereof  to  be  five  days, 
at  least,  before  the  time  appointed  for   holding  such   meeting. 
[March  4,  1808.] 

An  Act  to  establish  the  Hingham  and  Quincy  Bridge  and   Turnpike  Corporation.    ChcLp,  92. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of  the  same, 
That  Theophilus  Gushing,  Elisha  Doane,  Benjamin  Lincoln,  Persons  incor- 
Nathan  Rice,  Isaac  Winslow,  William  Vinall,  Thomas  Thaxter,  porated. 
Abner  Lincoln,  Jonathan  Baxter,  junior,  Levi  Tower,  Ebenez- 
er  Thayer,  Ezra  Weston,  Ebenezer  Gay,  Gushing  Otis,  Tho- 
mas Fearing,  Jacob  Beal,  Ephraim  Andrews,  Galeb  Thaxter, 
and  Levi  Lincoln,  jun.  together  with  such  others  as  now  are,  or 
shall  hereafter  be  associated  with  them,  their  successors  and 
assigns,  shall  be  a  corporation,  by  the  name  of  the  Hingham 
and  Quincy  Bridge  and  Turnpike  Gorporation,  for  the  purpose 
of  laying  out,  making  and  keeping  in  good  repair,  a  turnpike 
road,  from  the  northerly  end  of  Goold's  Lane,  so  called,  in 
Hingham,  and  from  thence,  running  as  nearly  in  a  straight 
course  as  conveniently  may  be,  to  Back  River,  between  two 
places  there,  called  the  Lower  Sea  Fence,  and  the  Narrows; 
thence  passing  over  said  river,  and  through  land  of  Doctor 
James  Lovell  and  others,  as  nearly  straight  as  may  be,  to  Fore 


160 


1807. — ^  Chap.  92. 


Empowered  to 
build  bridges. 


Drawers. 


Bridges  to  be 
Ughted. 


Toll  granted 
and  establish- 
•d. 

Rates  of 


river,  between  two  places  there,  called  Ferry  Point  and  Lov 
ell's  Point ;  thence  over  said  river,  as  nearly  straight  as  may 
be,  to  the  road  at  or  near  Quincy  meeting  house. 

Sect.  2.  And  be  it  further  enacted^  That  the  said  proprietors 
be,  and  they  hereby  are  authorized  and  empowered  to  erect  a 
bridge  over  said  Back  river,  between  the  said  lower  sea  fence^ 
and  the  narrows,  so  called  ;  and  also  to  erect  a  bridge  over  the 
said  Fore  river,  at  a  place  between  Lovell's  point  and  Ferry 
point,  so  called  ;  which  bridges  shall  be  well  built,  with  dura- 
ble materials,  at  least  twenty-eight  feet  wide,  and  shall  have  a 
sufficient  railing  on  each  side,  for  the  security  of  passengers  ; 
and  the  said  bridge  shall  always  be  kept  in  good,  safe  and  pass- 
able repair  :  and  the  said  bridges  shall  have,  at  a  suitable  place 
in  each,  a  drawer  or  passage-way  left,  of  sufficient  width  to  ad- 
mit all  such  vessels  as  may  have  occasion  to  pass  through  the 
same ;  that  is  to  say,  that  in  the  bridge  over  Back  river,  shall 
not  be  less  than  twenty-four  feet  wide  ;  that  in  the  bridge  over 
Fore  river,  not  less  than  thirty-four  feet,  wide,  and  piers  or 
wharves  connected  therewith,  constructed  in  such  a  manner, 
and  of  such  lengths,  up  and  down  the  rivers,  as  a  committee 
hereinafter  appointed  for  that  purpose,  shall  direct ;  the  side  of 
which  next  the  drawer,  shall  be  lined  with  suitable  plank,  for 
the  convenience  and  accommodation  of  vessels,  when  passing 
the  drawers.  And  the  said  drawers  shall  be  constantly  attend- 
ed, and  shall  at  all  times,  be  opened  when  recjuired,  for  the 
passing  of  vessels,  both  by  day  and  by  night,  free  from  toll : 
and  no  wharfage  shall  be  demanded  by  the  said  corporation  of 
any  of  the  owners  of  vessels  who  shall  make  fast  to  said  piers, 
for  the  purpose  of  aiding  their  passage  through  the  said  bridg- 
es. And  the  saia  corporation  shall  keep  four  lamps  conveni- 
ently placed  at  the  drawer  of  the  bridge  at  Fore  river,  and  two 
lamps  at  the  drawer  of  the  bridge  at  Back  river,  which  shall 
be  constantly  supplied  with  oil,  and  kept  lighted  during  the 
night,  except  at  such  times  as  when  the  river  is  rendered  im- 
passable by  ice. 

Sect.  3.  And  be  it  further  enacted,  That  when  the  said  turn- 
pike road  and  bridges  shall  be  completed,  and  they  shall  be 
so  allowed  and  approved  by  a  committee  hereinafter  appointed 
for  the  purpose,  it  shall  be  lawful  for  the  said  corporation  to 
erect  a  gate  at  the  bridge  over  Back  river,  and  to  demand  and 
receive  of  each  passenger  or  traveller  the  following  rate  of  loU, 
viz.  for  each  foot  passenger,  one  cent ;  for  each  person  and 
horse,  three  cents ;  for  each  horse  and  cart  or  sled, live  cents; 
for  each  team,  drawn  by  more  than  one  beast,  six  cents ;  for 
each  horse  and  chaise,  sulkey  or  sleigh,  drawn  by  one  horse, 
six  cents  ;  for  each  coach,  chariot,  phaeton,  curricle,  or  sleigh, 
drawn  by  two  horses,  sixteen  cents,  and  if  drawn  by  more  than 
two  horses,  twenty  cents  ;  for  each  man  with  a  wheelbarrow  or 
hand  cart,  two  cents  ;  for  each  horse  or  neat  cattle,  exclusive 
of  those  in  teams  or  rode  on,  one  cent ;  for  sheep  or  swine,  at 
the  rate  of  two  cents  by  the  dozen.  And  the  said  corporation 
shall  be  also  authorized  to  erect  a  gate  at  the  bridge  over  Fore 
river,  and  shall  be  entitled  to  demand  and  receive  of  each  pas- 


1807. Cha?.  92.  161 

senger  or  traveller,  the  following  rate  of  toll,  viz.  for  each  foot 
passenger,  one  cent ;  for  each  man  and  horse,  five  cents  ;  for 
e.ich  horse  and  cart,  or  sled,  six  cents ;  for  each  team,  drawn 
by  more  than  one  beast,  ten  cents ;  for  each  horse  and  chaise, 
chair,  sulkey  or  sleigh,  drawn  by  one  horse,  ten  cents  ;  for 
each  coach,  chariot,  phaeton,  curricle  or  sleigh,  drawn  by  two 
horses,  twenty  cents  ;  and  if  drawn  by  more  than  two  horses, 
twenty-five  cents ;  for  each  man  and  wheelbarrow  or  hand 
cart,  two  cents ;  for  each  horse  and  neat  cattle,  exclusive  of 
those  in  teams  or  rode  on,  two  cents  ;  for  sheep  or  swine,  at 
the  rate  of  three  cents  by  the  dozen  ;  and  to  each  team,  one 
person,  and  no  more  shall  be  allowed  as  a  driver,  to  pass  free 
of  toll ;  and  at  all  times,  when  the  toll-gatherers  shall  not  at- 
tend their  duty,  the  gates  shall  be  left  open. 

Sect.  4.  And  he  it  further  enacted^  That  Jonathan  Hunewell,  Committee 
of  Boston,  Samuel  Bass,  of  Randolph,  and  Aaron  Hobart,  of  *PP°'"^^''- 
Abington,  Esquires,  be,  and  they  hereby  are  authorized  and 
appointed  the  committee  aforesaid,  to  locate  the  said  turnpike 
road,  appraise  the  land,  and  estimate  the  damages  which  shall 
arise  to  individuals,  where  the  parties  cannot  agree  ;  prescribe 
the  kind  of  piers  to  be  built  at  the  bridges,  and  also  to  approve 
and  accept  of  said  turnpike  road  and  bridges  when  completed  : 
and  the  said  committee  are  required  and  directed  to  make  a 
report  of  their  doings,  and  file  a  copy  thereof  with  the  clerks 
of  the  Courts  of  General  Sessions  of  the  Peace,  for  the  counties 
of  Plymouth  and  Norfolk.  And  the  expenses  which  may  be 
incurred,  by  the  employment  of  the  committee  aforesaid,  or  of 
any  other  who  have  rendered,  or  shall  i-ender  services  to  the 
proprietors,  shall  be  paid  by  the  said  corporation.  And  the 
said  corporation  is  hereby  allowed  and  authorized  to  purchase 
and  hold  real  estate  for  the  accommodation  of  said  road  and 
bridges,  to  the  amount  often  thousand  dollars. 

Sect.  5.  And  be  it  further  enacted^  That  all  necessary  powers  General  powers 
and  privileges,  incident  to,  and  usually  given  to  other  corpora-  ^"'^  pnviiegee. 
tions  for  building  toll  bridges,  and  not  specially  provided  for  in 
this  act,  shall  be  held  and  exercised  by  this  corporation  ;  and 
the  said  corporation  shall  also  have  all  the  powers  and   privi- 
leges, and  be  subject  to  all  the  duties,  requirements  and  penal- 
ties prescribed  and  contained  in  an  Act,  entitled  "  An  Act  de-  I804ch.  125. 
fining  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.  6.  And  be  it  further  enacted,    That  the  legislature  of  Bridge  may  be 
this  Commonwealth  shall  have  full  power,  at  any  time   within  "'''■°'"'  ' 
two  years,  next  after  the  expiration  of  twenty-five  years  from 
the  completion  of  the  said  bridge,  over  Fore  river,  to  cause  the 
same   to  be  removed  as  a  common  nuisance,  if,  under  all  cir- 
cumstances of  the  case,  they  shall  deem  it  necessary  so  to  do. 

Sect.  7.  And  be  it  further  enacted,  That  if  the  said  corpora-  Act  void  io 
tion  shall  neglect  or  refuse  for  the  term  of  five  years  to   build  case. 
and  complete  the  said  bridges  and  turnpike,  then  this  act  shall 
be  null  and  void. 

VOL.  IV.  2} 


162 


1807. 


Chap.  92—93. 


Premium  al- 
lowed to  ves- 
sels passing 
through. 


— may  be  in- 
creased or  di- 
minished. 


Lands  not  to  be 
appropriated 
while  damages 
are  sustained. 


Penalty. 


Chap.  93. 
1805  ch.  53. 

Preamble. 


Sect.  8.  And  be  it  further  enacted,  That  the  proprietors  of 
said  bridges  respectively,  shall  pay  to  the  master  of  every  ves- 
sel that  shall  be  loaded,  and  of  more  than  fifteen  tons  burthen, 
that  shall  pass  through  said  drawers  respectively,  for  the  pur- 
pose of  unloading  her  cargo,  three  cents  a  ton  ;  for  each  and 
every  ton  said  vessel  shall  measure  ;  and  it  shall  be  lawful 
at  any  period  after  one  year  from  the  completion  of  said 
bridges,  for  the  proprietors  of  said  bridges,  or  of  any  person  or 
persons  interested  to  ihe  amount  of  two  thirds  of  the  navigation 
owned  above  the  bridges,  to  make  application  to  the  Governor, 
who,  with  the  advice  of  council,  is  hereby  authorized  upon  such 
application  in  writing,  desiring  that  a  revision  of  said  premium 
of  three  cents  as  aforesaid,  may. be  made,  to  appoint  three  im- 
partial men  to  hear  the  parties,  examine  the  premises,  and  in- 
crease or  diminish  said  premium  of  three  cents  as  they  shall 
think  just,  and  their  award  signed  by  them,  or  a  major  part  of 
them,  sealed  and  certified  to  the  Governor,  and  by  him  pub- 
lished, shall  be  binding  upon  all  parties,  and  shall  be  the  sum 
in  future  to  be  paid ;  and  in  like  manner,  and  by  similar  ap- 
plication and  process,  the  same  premium  may  be  increased  or 
diminished,  at  the  expiration  of  every  five  years  successively^ 
during  the  term  aforesaid. 

Sect.  9.  Be  it  further  enacted,  That  the  said  corporation  shall 
not  take,  use  or  appropriate  any  lands  for  the  purpose  of  ma- 
king said  road,  until  the  damages  sustained  by  the  owners  of 
such  lands  shall  be  estimated,  and  sums  awarded  by  the  com- 
mittee, shall  be  paid  or  tendered  to  the  owners  of  such  lands, 
any  law  to  the  contrary  notwithstanding. 

Sect.  10.  Be  it  further  enacted.  That  said  corporation  shall 
annually,  in  the  month  of  June,  deposit  in  the  secretary's  office 
of  this  Commonwealth,  a  correct  list  of  the  stockholders  or  pro- 
prietors ;  and  in  case  the  stockholders  or  proprietors  in  and  of 
said  corporation,  or  any  toll-gatherer  or  officer  by  them  appoint- 
ed, shall  neglect  or  refuse  to  open  either  of  said  drawers,  or 
unnecessarily  detain  any  vessel  about  to  pass,  said  corporation 
shall  forfeit  and  pay  for  every  such  refusal,  neglect  or  deten- 
tion, a  sum  not  exceeding  fifty  dollars,  nor  less  than  twenty 
dollars,  to  be  recovered  by  the  owner  or  owners  of  such  ves- 
sels, in  any  court  proper  to  try  the  same,  by  a  special  action 
on  the  case.     [.March  5,  1808.]     Add.  act— 1811  ch.  164. 

An  Act  authorizing  the  committee  heretofore  appointed  for  that  purpose,  to  make 
alterations  in  the  laying  the  road  of  the  Housatonick  Turnpike  Corporation. 

WHEREAS  the  directors  of  the  Housatonick  turnpike  cor- 
poration, have  represented  to  the  legislature,  that  the  laying 
the  road  of  the  said  corporation  may  be  altered  in  some  parts 
thereof,  for  their  benefit,  and  that  of  the  public  : 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  clerk  of  the  Court  of  Sessions  for  the  county  of 
Berkshire,  be,  and  he  hereby  is  directed,  to  deliver  to  the  com- 
mittee heretofore  appointed  to  lay  out  the  Housatonick  turn- 
pike road,  the  original  warrant,  with  the  report  of  the  com- 


1807. Chap.  93—96.  163 

mittee  thereon ;  and  the  said  committee  hereby  is  authorized  Committee 
and  empowered  to  revise  and  reconsider  the  laying  of  the  road  empoweie 
of  the  Housatonick  turnpike  corporation,  and  to  make  therein 
such  alterations  as  they  may  deem  reasonable  ;  provided  that 
due  notice  be  previously  given,  of  the  time  when  they  will  at- 
tend, and  perform  the  said  business  -,  and  the  said  committee 
shall  make  their  report  to  the  Court  of  Sessions  next  after  they 
shall  have  performed  the  said  business;  and  the  said  court 
shall  take  the  said  report  into  consideration,  and  do  therein  as 
to  the  said  court  shall  appear  right  and  just;  and  if  any  part 
or  parts  of  the  road  already  laid  shall  become  unnecessary, 
such  part  or  parts  shall  be  thereupon  discontinued  :  Provided  Proviso. 
notwithstanding^  that  nothing  in  this  act  shall  be  construed  to 
authorize  the  said  corporation  or  committee,  to  alter  the  loca- 
tion of  said  road,  at  either  extremity  of  the  same.  [J^Iarch  8, 
1808.]  Further  acts— 1808  ch.  49:  1810  ch.  67:  1816  ch.  34: 
1820  ch.  5. 

An  Act  to  establish  a  corporation  by  the  name  of  the  Hudson  Turnpike  Corpo-  Chop*  94. 
ration. 

Sect.  1 .  BE  it  inacled  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assemhled,  and  by  the  authority  of  the 
same.  That  Silas  Pepoon,  Joseph  Whiton,  Elisha  Brown,  Hen-  J^'JS.'"'"" 
ry  Brown,  Cyrus  Williams  and  Joseph  Woodbridge,  together 
with  such  others  as  may  hereafter  associate  with  them,  their 
successors  and  assigns,  be,  and  they  are  hereby  made  a  cor- 
poration, by  the  name  of  the  Hudson  Turnpike  Corporation, 
for  the  purpose  of  laying  out  and  making  a  turnpike  road,  on 
the  nearest  and  most  convenient  route  from  the  bridge  at 
Thayer's  mills,  in  West  Stockbridge,  in  the  county  of  Berk- 
shire, to  the  west  line  of  this  Commonwealth,  in  the  same  town, 
near  the  dwelling  houses  of  Obadiah  Ward,  Esq.  and  Amos 
Woodruff,  in  the  most  convenient  place  to  accommodate  the 
public  travel ;  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  lS04ch.  125. 
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. 

Sect.  2.  Be  it  further  enacted,  That  when  the  said  turn- 
pike road  shall  be  approved  by  the  committee,  to  be  appointed 

i         ,       ~  ^    „     *^r  r       "^    •  1  .1  •  1  Half-toll  eate 

by  the  Court  of  Sessions   for  said  county,  then  said  corpora-  to  be  erected, 
tion   shall  be   authorized  to  erect  one  half-toll  gate,  in   such 
place  on  said  turnpike  road,  as  the  said  committee  shall  direct. 
[March  8,  1808.]     See  1816  ch.  34. 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  for  incorporatins;  cnrtain  per-  Qhan.  96, 
sons  for  the  purpose  of  laying  out  and  uiakins;  a  Turnpike  Road  from  Medfoid  jyo2  <  h.  100 
to  Charlestovvn  neck,  and  for  supporting  the  same."  (y_  3^  p,  135.) 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  saine^  That 
from  and  after  the  passing  of  this  act,  if  any  person  with  a 
team,  carriage,  cattle  or  horses,  shall  turn  out  of,  or  turn  into 
the  road  of  the  Medford  turnpike  corporation,  with  an  attempt 


164  1807. Chap.  96-- 103. 

to  avoid  any  toll  established  by  law,  such  person  shall  forfeit 
and  pgy  three  times  as  much  as  the  legal  toll  at  the  turnpike 
gale,  established  as  aforesaid,  to  be  recovered  by  the  trea- 
surer of  the  corporation,  for  the  use  of  said  corporation,  by  an 
action  of  debi,  or  on  the  case,  any  thing  in  the  act  to  which 
this  in  addition,  to  the  contrary  notwithstanding.  [March  8, 
1808.] 

Chctp.  99.       A"  Act,  in  addition  to  an   Act,  entitled,  "  An  Act  to  incorporate  a  number  of 
1800  ch  53  *^®  Inhabitants  of  llie  southeast  part  of  Sturbridge,  the  southwest  part  olCharl- 

/y   2.  n'  423)         *°"'  '^"'^  ^^^  west  part  of  Dudley,  all  in  the  county  of  Worcester,  into  a  Parish 
,    *  by  the  name  of  The  Second  Religious  Society  in  the  town  of  Charlton  ;"  passed 

the  twenty-eighth  day  of  February,  eighteen  hundred  and  one. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
any  person  who  since  the  twenty  eighth  day  of  February, 
eighteen  hundred  and  one,  or  who  may  hereafter  own  or  oc- 
cupy any  of  the  estates  formerly  owned  or  occupied  by  any 
of  the  persons  named  in  the  act  of  incorporation  before  men- 
tioned, such  person  with  his  or  her  family  and  estate  shall  be 
considered  in  all  parochial  afll:iirs  and  concernments,  and  to 
all  legal  intents  and  purposes,  the  true  and'lawful  f-uccessors  of 
the  persons  and  estates  of  those,  who  by  death,  or  any  other 
cause,  have  ceased  to  occupj?  such  estates,  in  as  full  and  ample 
a  manner,  as  if  the  present  possessor  had  been  one  of  the  ori- 
ginal number  incorporated  by  the  said  act ;  and  the  present  or 
future  occupant  of  such  estate,  shall  exercise  and  enjoy  all  the 
parochial  privileges,  and  be  alike  subject  to  all  the  duties  and 
recjuisilions  of  the  original  possessor :  Provided,  that  this  act 
shall  extend  only  to  such  of  the  siicces>ors  and  occupants  as 
aforesaid,  as  already  have,  or  hereafier  may  join  with  and  be,- 
come  members  of  said  society.     [jMarch  8,  1808.] 

a  -inn       An  Act  to  incorporate   certain  Inhabitants  in   the  towns  of  Bernardston,  Green- 

up,   lUo»         flgi(^!^  Gill,  and  Norlhfiuld,  by  the  name  of  the  First  Baptist  Society  in  Bernard- 
ston. 

Sect.  X.  BE  it  ennc'.ed  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of  the  same. 
Persons  incor-   That  Joseph  Aldrich,  Israel  Bagg,  Israel  Bagg,  jun.   Artemas 
|9orated.  Cushman,  John  Connebell,  Aaron  Fox,  Eli   Fox,  William  Fox, 

Ichabod  Goland,  Gideon  Gould,  Samuel  Green,  Woodbridge 
Green,  Samuel  Hale,  John  fL>rvey,  Samuel  Hastings,  Daniel 
Hale,  Josb'.ia  Nickerson.  Reuben  Park,  Reuben  Park,  jun. 
Ebcnezcr  Nightingale,  Simeon  Park,  Levi  Park,  Elihu  Scott, 
Oliver  Sheldon,  IMoses  Smith.  Abicl  Stevens,  William  Stevens, 
Samuel  Sykcs,  jun.  Roswell  Warner,  Job  Woodwart,  Abner 
Wright,  and  Hezckiah  Wright,  all  of  Bernardston  ;  Enoch 
Nickerson,  and  Sclah  Hastings,  of 'Greenfield  ;  Joseph  Gary, 
iun.  Ephraim  Kenny,  and  Moses  Scott,  of  Gill;  Jonathan  San- 
ders, and  Shepard  Sanders,  of  Northfield,  with  their  families 
and  estates,  together  with  such  others,  as  may  hereafter  asso- 
ciate with  thrm  and  their  successors,  be,  and  they  are  hereby 
incorporated  by  the  name  of  the  First  Baptist  Society  in  Ber- 
nardston with  all  the  powers  and  privileges,  usually  exercised 


1807. Chap.  103—107.  165 

and  enjoyed  by  other  relis;ious  societies,  according  to  the  coa- 
stitution  and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  any  person  belonging  to  Members  to 
either  of  the  towns  aforesaid,  who  may  be  desirous  to  join   in  J^g'^^j^t"  *  "'^' 
religious  fellowship  with  the  said  Baptist  Society,  and  doth  de- 
clare such  intention  in  writing  to  the  elder,  or  clerk  of  the  said 
society,  fifteen  days,  at  least,  previous  to   the   annual   meeting 
of  the  said  society,  and  receive   a  certificate   of  membership, 
signed  by  the  said  elder  and  clerk,  that  he  or  she  has  actually 
become  a  member  of,  and  united  in  religious  worship  with  the 
said  Baptist  Society  in  Bernardston,  such  person,  from  the  dale 
ol"  such  certificate,  shall  be  considered  with  his  or  her  polls  and 
estate,  a  member  of  said  society  :  Provided  horvever^  that  every  Proviso, 
person  so  joining  said  Baptist   Society,  shall   give   like  notice 
of  his  infention  to  the  elder  or  clerk  of  the  society  from  which 
he  secedes. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of  Members  leav- 
the  said  Baptist  Society,  shall  see  cause  to  leave  the  some,  and  '^"^^j  ^°  ^'^^  ""^ 
to  unite  in  religious  fellowship  with  any  other  religious  society, 
and  give  notice  of  such  intention  to  the  elder  or  clerk  of  the  said 
Baptist  Society,  and  shall  also  give  in  his  or  her  name  to  the  mi- 
nister or  clerk  of  such  other  society,  fifteen  days,  at  least,  pre- 
vious to  the  annual  meeting  of  the  said  society,  and  having  re- 
ceived a  certificate  of  membership,  signed  by  the  minister  and 
clerk  of  such  society,  such  person,  from  the  date  of  such  cer- 
tificate, with  his  or  her  polls  and  estate,  shall  be  considered  a 
member  of  the  said  society. 

Sect.  4,      Be  it  further  enacted.  That  in   every  case   when-  Assessments 
ever  any  person  shall  leave  one  religious  society  to  join   with  paid  in  case  of 
another  in  the  manner  provided  for  in  this  act,  every  such  per-  ^^<'^*^*°"' 
son  shall  be  holden  to  pay  his  or  her  proportion  of  all  assess- 
ments, and  other  pecuniary  charges,  or  expenses  assessed  and 
not  paid,  previous  to  such  secession. 

Sect.  5.  And  be  it  further  enacted,  That  either  of  the  Jus-  Justice  to  issue 
tices  of  the  Peace  for  the  county  of  Hampshire,  is  hereby  au-  warrant. 
Ihorized  to  issue  a  warrant  directed  to  some  member  of  the 
said  Baptist  Society,  requiring  him  to  notify  and  warn  the  mem- 
bers thereof,  to  meet  at  such  convenient  time  and  place,  as  shall 
be  expressed  in  said  warrant  for  the  choice  of  such  officers,  as 
religious  societies  are  by  law  empowered  to  choose  at  their 
annual  society  meetings.     [March  8,  1808.] 

An  Act  to  set  off  Josiah  Rockwood  from  ttie  town  of  Hopkinton,   and  to  annex   Qhop,    107. 
him  to  tlie  town  of  Upton. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  asse7nbled,  and  by  the  authority  of  the 
same.  That  Josiah  Rockwood  with  his  family,  and  part  of  his 
estate,  so  as  to  take  his  dwelling  house  into  the  town  of  Up- 
ton, be,  and  they  are  hereby  set  off  from  the  town  of  Hop- 
kinton, in  the  county  of  Middlesex,  and  annexed  to  the  town 
of  Upton,  in  the  county  of  Worcester,  by  the  following  lines : 
Beginning  at  a  stake  and  stones  on  the  line  between  the  said 


166 


1807. 


Chap.  107—108. 


Proviso. 


Assessments. 


Chap.  108. 


Persons 
porated. 


towns,  on  the  easterly  side  of  a  highway,  leading  from  the 
town  of  Hopkinton  to  Upton,  between  Hezekiah  Rock- 
wood's  house,  and  the  said  Josiah  Rockwood's  house ;  thence 
north,  twenty-one  degrees  east,  forty-five  rods,  to  a  stake  and 
stones,  bounding  on  the  east  side  of  said  road  ;  thence  west, 
thirteen  degrees  north,  one  hundred  and  eighty-eight  rods,  to 
a  tree  and  two  stumps,  known  by  the  name  of  the  three  trees, 
on  the  line  between  said  Hopkinton  and  Upton,  the  west  side 
of  a  road  leading  from  said  Hopkinton  and  Upton,  by  Heze- 
kiah Woods'.— And  the  family  of  said  Josiah  Rockwood,  here- 
by annexed  to  the  said  town  of  Upton,  shall  hereafter  be 
considered  inhabitants  of  the  said  town  of  Upton,  and  shall 
there  exercise  and  enjoy  all  their  civil  rights  and  privileges, 
and  shall  also  be  subject  to  their  civil  duties  and  requisitions 
in  like  manner  with  the  other  inhabitants  of  the  said  town  ; 
and  the  estate  afore  described  shall  hereafter  be  considered 
within  the  limits  and  constitute  a  part  of  said  town  of  Upton : 
Provided  however,  that  the  said  Josiah  Rockwood  shall  be  hol- 
den  to  pay  his  due  proportion  of  all  monies  granted,  or  which 
may  be  granted  by  the  said  town  of  Hopkinton  prior  to  the 
passing  of  this  act ;  Provided  also,  that  any  person,  having 
heretofore  gained  an  inhabitancy  on  the  said  land,  and  who 
may  hereafter  become  a  town  charge,  shall  receive  his  sup- 
port in  and  from  the  said  town  of  Upton ;  and  it  is  further 
provided,  that  the  said  inhabitants,  with  the  lands  hereby  an- 
nexed to  the  said  town  of  Upton,  shall  hereafter  be  consider- 
ed as  belonging  to  the  county  of  Worcester ;  and  the  line 
herein  before  described,  shall,  so  far  as  relates  to  this  act,  be 
the  boundary  line  between  the  counties  of  Middlesex  and  Wor- 
cester. 

Sect.  2.  Be  it  further  enacted,  That  there  shall  be  taken 
one  cent  and  an  half  from  the  town  of  Hopkinton,  in  the  state 
valuation,  and  added  to  the  town  of  Upton  ;  which  shall  be 
the  rule  for  assessing  the  said  towns  for  the  state  and  county 
taxes,  until  there  shall  be  a  new  state  valuation  taken.  [March 
8,  1808.] 

An  Act  establishing  a  corporation  by  the  name  of  tlie  Proprietors  of  Union  Wharf. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represent 
taiives,  in  General  Court  assembled,  and  by  the  authority  of  the 
.  same,  That  Edward  Allen,  Ebenezer  Putnam,  Hannah  Hodges, 
Jonathan  Gardner,  Jonathan  Mason,  Benjamin  Pickman,  and 
Mary,  his  wife,  in  her  right,  Elizabeth  Orne,  Jonathan  Peele, 
John  Norris,  John  Gardner,  Ebenezer  Beckford,  proprietors 
and  owners  of  twenty*  fourth  parts  of  certain  lands  and  tene- 
ments, situate  in  Salem,  in  the  county  of^  Essex,  and  common- 
ly called  Union  Wharf,  together  with  such  of  the  proprietors 
of  the  residue  of  said  vvharf,  to  wit,  Of  the  heirs  of  Mary  Oli- 
ver, .lonathan  Archer,  Timothy  Orne  and  Joseph  Orne,  pro- 
prietors and  owners  of  the  remaining  four  twenty-fourth  parts 
thereof,  as  may  hereafter  associate  with  them,  their  successors 

*  The  word  « twenty"  is  undoubtedly  omitted  by  mistake  ;  but  it  is  the  mistake 
of  the  original.    Ed. 


1807. Chap.  108.  167 

and  assigns,  being  citizens  of  the  United  States,  shall  be,  and 
hereby  are  constituted  a  body  politic  and  corporate,  by  the 
name  of  the  Proprietors  of  Union  Wharf;  and  by  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended  in  any  courts  of  record,  or  in  any  other  place  what- 
soever, and  shall  and  may  do  and  suffer  all  matters,  acts  and 
things,  which  bodies  politic  ought  to  do  and  suffer ;  and  shall 
have  power  to  make,  have  and  use  a  common  seal,  and  the 
same  again  at  pleasure  to  break,  alter  and  renew,  and  also  to 
ordain,  establish,  and  put  in  execution  such  by-laws,  ordi- 
nances and  regulations  as  to  them  shall  appear  necessary  and 
convenient,  for  the  government  of  said  corporation,  and  for  the 
prudent  management  of  their  property  and  affairs  ;  and  for  the 
breach  of  such  by-laws,  ordinances  and  regulations,  may  or3 
der  fines  and  penalties  not  exceeding  ten  dollars  for  every 
breach  :  Provided,  that  such  by-laws,  ordinances  and  regula- 
tions shall  not  be  repugnant  to  the  laws  of  this  Common- 
wealth. 

Sect.  2.     Be   it  further   enacted,  That   the  said  corporation  Capable  to 
shall  be,  and  hereby  is  declared  capable  to  have,  hold,  and  ''°'d  and  pos- 

f)ossess,  such  part  of  the  said  lands  and  tenements  as  may  be-  ^^^^P^'OP^'^J'* 
ong  to  the  said  proprietors  named  in  this  act,  and  to  the  other 
proprietors  aforemeniioned  who  may  hereafter  associate  with 
them,  and  also  any  other  real  estate  not  exceeding  twenty 
thousand  dollars  in  value,  and  shall  have  power  to  erect  sea, 
or  other  walls  to  protect  the  same;  and  to  erect  buildings  on 
any  real  estate  owned  by  them  ;  and  shall  have  power  to 
grant,  sell  and  alien  in  fee  simple  or  otherwise,  the  said  cor- 
porate property  or  any  part  thereof;  and  to  lease,  exchange, 
manage  and  improve  the  same  according  to  the  will  and  plea- 
sure of  the  proprietors  or  the  major  part  of  them,  present  at 
any  legal  meeting,  to  be  expressed  by  their  votes.  And  the 
rents,  profits  and  receipts  which  may  accrue  from  the  im- 
provements, leasing  or  other  management  of  the  corporate 
property  aforesaid,  may  and  shall  once  at  least  in  every  year, 
be  divided  among  the  proprietors  according  to  their  respective 
shares. 

Sect.  3.  Be  it  further  enacted,  That  said  proprietors  may  Number  oi 
at  any  legal  meeting,  agree  upon  the  number  of  shares  into  shares  and 
which  said  estate  shall  be  divided,  not  exceeding  five  hun-  [°fi|!^a*te°^ "'' 
dred  ;  and  upon  the  form  of  certificates  to  be  given  to  individ- 
uals, of  the  number  of  shares  by  them  respectively  held  ;  and 
upon  the  mode  and  conditions  of  transferring  the  same,  which 
shares,  shall  be  held  and  considered  as  personal  estate,  to  all 
intents  and  purposes  whatsoever;  the  said  proprietors  shall 
also  have  power  to  assess  upon  each  share  such  sums  of  mo- 
ney as  may  be  deemed  necessary  for  repairing  and  erecting 
walls  and  buildings,  and  generally  for  the  improvement  and 
good  management  of  their  said  estate,  agreeably  to  the  true  in- 
tent of  this  act,  and  to  sell  and  dispose  of  the  same,  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,  determine   and  agree   upon:  Provided  Proviso. 


1 6a 


1807. 


Chap.   108—110. 


— liable   to  at- 
tachment. 


Manner  of 
calling  meet- 
ing. 


Choice  of  offi- 
cers. 


Proviso. 


Land  not  to  be 
taken,  but  by 
consent. 


Proviso. 


Chap.  110. 

Preamble. 


however,  that  the  value  of  buildings,  which  may  be  owned  bjf 
the  said  corporation  at  anj  one  time,  shall  not  exceed  twenty 
thousand  dollars  in  value,  exclusive  of  such  as  may  be  taken 
as  security  for  debts. 

Sect.  4.  Be  it  further  enacted,  That  the  property  of  every 
individual  member  of  said  corporation  vested  in  said  corpo- 
rate fund  or  estate,  shall  be  liable  to  attachment,  and  to  the 
payment  of  his  just  debts,  in  manner  prescribed  by  an  act, 
entitled,  "  An  act  directing  the  mode  of  attachment  on  mesne 
process  and  selling  by  execution,  shares  of  debtors  in  incor- 
porated comy)anies  ;"  passed  the  eighth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  five. 

Sect.  5.  Be  it  further  enafier/,  That  Edward  Allcr,  Eben- 
ezer  Putnam,  and  Jonathan  Mason,  or  any  two  of  them,  may 
call  the  first  meeting,  by  advertising  the  same  in  any  one  of 
the  public  newspapers  printed  in  Salem,  at  least,  three  days 
before  the  time  of  meeting,  and  at  that  or  any  other  meeting 
may  elect  a  moderator,  treasurer,  clerk,  secretary,  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  re- 
move ;  and  in  the  choice  of  officers,  or  on  any  other  occasion 
when  it  shall  be  required  bj'  a  majorit}"-,  in  value,  of  the  mem- 
bers 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  con- 
tained shall  be  deemed  or  construed  to  give  to  said  proprie- 
tors any  right  or  authority  to  take  or  appropriate  to  their  use 
the  land,  right  or  privilege  of  any  person  or  persons  without 
his  or  their  consent,  and  by  a  legal  conveyance  thereof  from 
such  person  or  persons  to  the  said  corporation. 

Sect.  7.  Be  it  further  enacted.  That  after  the  expiration 
of  ten  years,  the  Legislature  shall  have  power  to  alter,  amend, 
or  repeal  this  act:  Provided  however,  that  upon  such  repeal  all 
real  estate  then  belonging  to  said  corporation  shall  be  vested 
in  such  persons  as  may  then  be  members  thereof,  and  their 
respective  heirs  and  assigns  as  tenants  in  common,  in  propor- 
tion and  according  to  the  number  of  shares  which  they  may 
then  hold  :  And  provided  further,  that  the  said  proprietors  not- 
withstanding such  repeal  by  the  Legislature,  shall  have  power 
in  their  corporate  name  and  capacity  aforesaid,  to  sue  for,  re- 
cover and  divide  all  sums  of  money  and  debts  which  may 
then  be  thereto  due  and  unpaid.     [March  8,  1808.] 

An  Act,  to  enable  the  inhabitants  of  the    North  Parish  in  the  town  of  Andover, 
in  the  county  of  Essex,  to  sell  their  parsonage  lands. 

WHEREAS,  the  inhabitants  of  the  north  parish  in  Ando- 
ver, in  the  county  of  Essex,  have  requested  that  they  may  be 
authorized  by  law,  to  sell  the  parsonage  lands,  the  proceeds 
thereof  to  be  applied  to  the  raising  of  a  fund  for  the  support 
of  the  ministry : 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled.,  and  by  the  authority  of  the 


1807.- Chap.  110—114.  169 

some,.  That  ttie  said  parish,  whenever  thej  shall  judge  pro-  Committee 
per,  by  such  committee  as  they  may  choose  and  appoint,  at  ^"'P*^^®'®  • 
any  legal  meeting  to  be  held  for  that  purpose,  be,  and  they 
are  hereby  empowered  to  sell  and  dispose  of  all  such  lands 
as  were  originally  granted  for  the  use  of  the  ministry,  or  now 
belonging  to  said  parish ;  and  to  make  and  execute  a  good  and 
sufficient  deed  or  deeds  of  the  same  according  to  law. 

Sect.  2.  And  be  it  further  enacted,  That  the  nionies  aris-  Fund  esta- 
ing  from  such  sale  shall  be  applied  to  the  establishment  of  a  biished. 
fund,  the  interest  whereof  shall  be,  and  hereby  is  appropri- 
ated to  the  support  of  the  Gospel  Minister,  who  may  be  here- 
after elected  and  settled  in  said  parish,  and  of  his  successors, 
such  interest  to  be  received  and  applied  as  aforesaid,  by  the 
committee  who  may  be  chosen  for  that  purpose,  by  said  parish, 
at  their  meeting  to  be  held  in  the  month  of  March  or  April, 
annually. 

Sect.    3.     Be  it   further  enacted,    That  the    inhabitants    of  committee  em- 
said  parish,  by  their  committee  chosen  and  appointed  as  afore-  powered  to  give 
said,  for  the  sale  of  their  parsonage  lands,  are  hereby  author-  '^^^^^' 
ized,  if  not  sold  as  aforesaid,  to  make  and  duly  execute  a  deed 
or  deeds   of  exchange,  with  any  person  or  persons,  of  any 
part  of  said  lands  for  such  other  real  estate  as  may  by  said 
parish  be  agreed  to  be   taken   in  exchange    therefor,  and  the 
said  real  estate,  so  received  in  exchange,  shall   be  taken  and 
holden  by  said  parish  in  fee  simple,  for  the  use  and  benefit  of 
the  minister  who  may  be  hereafter  elected  and  settled  in   said 
parish,  and  his  successors  forever.     [March  9,  1 808.] 

An  Act  in  further  addition  to  an  Act,  entitled,  "  An  Act  in  addition  to  an  Art,    Chap,  114. 
entitled,  an  Act  to  establish  a    Corporation  by  the  name  of  the  Belchertown  an      jgo2  ch   52 
Greenwich  Turnpike  Corporation."  /y    3    „  43 -v 

WHEREAS  it  does  not  appear  by  the  records  of  said  cor-  if'^'^ch.  100. 
poration,  that  Joshua  N.  Upham,  their  first  clerk,  was  sworn,  J,^'  ^'  ^'  ^'^^') 
as  by  law  he  ought  to  have  been,  to  the  faithful  discharge  of    ^^^"^  ^' 
the  duties  of  said  office,  and  doubis  are  entertained  as  to  the  I807ch. 6. 
validity  of  said  records:  Wherefore, 

Sect.   1.     Be  if  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and   by  the   authority  of  the 
same,  That  the  records  of  said  corporation,  made  by  the  said  Records  de- 
Joshua  N.  Upham,  notwithstanding  the  premises,  be  so  far  de-  blared  valid, 
dared  valid,  as  that  the  same  may  be  given  in  evidence  in  any 
court  within  tliis  Commonwealth  :  Provided  however,  That  the  Proviso, 
rights  of  no  person  shall  be  affected  thereby. 

And  whereas  doubts  are  entertained  by  reason  of  the  pre- 
mises, whether  the  proprietors  of  said  corporation  can  now 
hold  a  legal  meeting:  wherefore, 

Sect.  2.  Be  if  further  enarAvd,  That  Henry  D wight,  Esq.  Meptingduljr 
one  ofsr^id  proprietors,  be  authorized  to  call  a  legal  meeting  ^"ti^o^zed. 
of  said  propriefors,  at  such  time  and  place,  and  for  such  pur- 
poses as  he  shall  appoint,  giving  previous  notice  thereof,  by 
publishing  the  sam*^  three  weeks  successively  in  the  Hamp- 
shire Gazette,  prin'ed  at  Northampton  ;  at  which  meeting  the 
said  proprietors  may  choose  all  officers,  make  such  by-laws, 
and  pass  all  such  votes,  as  the  interests  of  the  corporation  may 

VOL.  IV.  22 


170 


1807. 


Chap.   115. 


Chap.  115. 


Persons  incor- 
porated. 


1804  ch.  125. 


Toll  granted. 


Rates  of 


require,  provided  the  same  be  not  repusjnant  to  the  laws  and 
constitution  of  this  Commonwealth.     [March  9,  1 808.] 

An  Act  to  establish  the  Dartmouth  and  New-Bedford  Turnpike. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre.fen- 
latives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Jacob  Aikin,  Bartlett  Allen,  Joseph  A.  Bailey^ 
Stephen  Barker,  George  Barney,  Griffin  Barney,  Gamaliel 
Bryant,  Jonathan  Card,  Charles  Church,  Cephas  Cushman, 
jun.  James  Davis,  John  Dunbar,  Preserved  Fish,  Caleb  Greene, 
Thomas  Green,  Joseph  Grinnell,  Peleg  Rowland,  Cornelius 
Howland,  William  Rowland,  Nathaniel  Howland,  William 
James,  Manasseh  Kempton,  Benjamin  Killey,  Joel  Packard, 
John  A.  Parker,  Edward  Pope,  Clark  Ricketson,  Samuel  Rod- 
man, William  Rodman,  William  Rotch,  William  Rotch,  jun. 
Abraham  Russell,  Reuben  Russell,  Caleb  Russell,  jun.  Asa 
Russell,  Gilbert  Russell,  William  Russell,  Prince  Sears,  Abra- 
ham Shearman,  Josiah  Small,  Barnabas  Taber,  Daniel  Taber, 
Francis  Taber  William  Taber,  Edward  Taylor,  David  Thach- 
er,  Laban  Thacher,  Daniel  Thornton,  John  Thornton,  Stephen 
West,  Isaac  Wheldon  and  Benjamin  White,  with  their  asso- 
ciates, successors  and  assigns,  be,  and  hereby  are  incorporated 
for  the  purpose  of  making  a  turnpike  road  between  the  towns 
of  Dartmouth  and  New-Bedford ;  beginning  on  the  old  road 
opposite  the  west  end  of  the  new  street  in  South  Bedford,  so 
called,  in  the  line  between  Caleb  Russell's  land  and  Joseph 
Russell's  land  ;  thence  west,  five  degrees  south,  sixty-two  rods 
on  said  line ;  thence  south,  twenty-six  degrees  west,  about 
seven  hundred  and  thirty  rods,  to  a  stone  heap,  near  the  vil- 
lage, in  Aponegansett ;  and  for  this  purpose  shall  have  all  the 
powers  and  privileges,  and  shall  also  be  subject  to  all  the  du- 
ties, requirements  and  penalties,  prescribed  and  contained  in 
an  Act,  entitled,  "  An  Act  describing  the  general  powers  and 
duties  of  turnpike  corporations  ;"  passed  the  sixteenth  day  of 
March,  eighteen  hundred  and  five. 

Sect.  2.  Be  it  further  enacted,  That  the  proprietors  of  the 
said  turnpike,  shall  be  allowed  to  erect  and  keep  one  gate,  and 
shall  be  entitled  to  demand  and  receive  the  following  rates  of 
toll  at  said  gate,  viz. — For  each  coach,  chariot,  phaeton,  ar 
other  four  wheel  carriage,  for  pleasure  or  travelling,  drawn  by 
two  horses,  twelve  cents  ;  and  if  drawn  by  more  than  tw^o 
horses,  one  cent  for  each  additional  horse  ;  for  each  cart  or 
waggon,  drawn  by  two  horses  or  oxen,  five  cents  ;  and  if  by 
more,  one  cent  for  each  additional  beast ;  for  every  sled  or 
sleigh,  drawn  by  two  horses  or  oxen,  four  cents  ;  and  one  cent 
for  each  additional  beast  ;  for  every  cart,  waggon,  truck,  sled 
or  sleigh,  drawn  by  one  horse  only,  three  cents  ;  for  every 
curricle,  eight  cents  ;  for  every  chaise,  chair,  sulkey  or  other 
carriage  for  pleasure,  drawn  by  one  horse,  six  cents  ;  for  every 
man  and  horse,  two  cents  ;  for  all  horses,  mules  or  neat  cattle, 
led  or  driven,  not  in  teams  or  carriages,  one  cent  each ;  and 
far  all  sheep  or  swine,  at  the  rate  of  two  cents  by  the  dozen* 


1807. Chap.  115—117,  171 

Sect.  3.  Jnd  be  it  further  enacted,  That  said  corporation  slaall  Corporation 
inot,  without  the  consent  of  the  owner  or  owners  of  any  land  p^operty."'^^ 
over  v/hich  said  road  shall  pass,  throw  open  the  fences  or 
other  enclosures  upon  the  same,  or  make  said  road,  or  in  any 
way  injure  the  property  of  any  owner  or  owners  of  such  land, 
until  the  damages  done  by  the  passing  of  said  road  through  , 

such  land,  shall  have  been  first  ascertained  by  a  committee, 
who  may  by  law  be  authorized  to  assess  the  same,  and  such 
damages  so  assessed  shall  have  been  paid  or  tendered  to  the  . 
person  entitled  to  receive  the  same  :  Provided  however,  That  Proviso, 
nothing  herein  contained  shall  be  construed  to  prevent  said 
corporation,  their  agents  or  servants  from  entering  on  any 
land,  to  survey  or  lay  out  the  same.     ^March  9,  1808.] 

An  Act  to  establish  the  Middleborou^h  and  New-Bedford  Turnpike  Coiporation.    Chap.  116. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Hector  Orr,  Nahum  Mitchell,  Nathan  Mitchell,  Persons  incor- 
Noah  Fearing,  Nathan  Lazell,  David  Kingham,  Aaron  Hobart,  po'fated. 
3d,  Jacob  Hill,  jun.  William  Young  and  Silvanus  Lazell,  to- 
gether with  such  persons  as  have  associated  or  may  hereafter 
associate  with  them,  their  successors  and  assigns,  be,  and  they 
are  hereby  made  a  corporation,  by  the  name  of  the  Middlebo- 
rough  and  New-Bedford  Turnpike  Corporation  ;  for  the  pur- 
pose of  laying  out,  making,  and  keeping  in  good  repair,  a  turn- 
pike road  ;  beginning  near  the  house  of  Elias  Sampson,  in  Mid- 
dleborough ;  thence  through  the  southerly  part  of  Middlebo- 
rough,  easterly  part  of  Freetown,  and  eastward  of  the  long 
pond,  to  or  near  the  head  of  Accushnet  river,  in  New-Bedford  ; 
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  I804cb.  125. 
powers  and  duties  of  turnpike  corporations  ;"  passed  the  six- 
teenth day  of  March,  one  thousand  eight  hundred  and  five. 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  shall  not,  Corporation 
without  the  consent  of  the  owner  or  owners  of  any  land  over  which   ""opejiy^"'^* 
said  road  shall  pass,  throw  open  the  fences  or  other  enclosures 
upon  the  same,  or  make   said  road,  or  in  any  way  or  manner 
injure  the  property  of  any  owner  or  owners  of  such  land,  until 
the  damages  done  by  the  passing  of  said  road  through  such 
land  shall  have  first  been   ascertained  by   a  committee,   who 
may  by  law  be  authorized  to  assess  the  same,  and  such  dam- 
age so  assessed,  shall  have  been  paid  or  tendered   to  the  per- 
son or  persons  entitled  to  receive  the  same  :  Provided  hoieever.    Proviso, 
That  nothing  herein  contained  shall  be  construed   to  prevent 
said  corporation,  their  agents  or  servants,  from  entering  any 
land,  to  survey  or  lay  out  the  same.     [jMarch  9,  1808.] 

An  Act  in  further  addition  to  the  Act,  entitled,  "  An  Act  for  incorporating  certain  Chap.  117. 
person?,  for  the  purpose  of  laying  out  and  making  a  Turnpike  Road,  from  New- 

buryport  to  Chelsea  Bridge;"  passed  the  eighth  day  of  March,  eighteen  hun-  ^  J"  '        'v 

dred  and  three.  (.v.  j.p.  i7J.; 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Rcpresen- 
ialivesj  in  General  Court  assembled,  and  by  the  authority  of  the 


172 


J  807. 


Chap.  117—118. 


Corporation 
may  establish 
another  gate. 


Proviso, 


—  may  divide 
their  gates. 


Provise. 


same,  That  the  Newburyport  Turnpike  Corporation,  be,  and 
hereby  are  authorized  to  erect  and  establish,  in  addition  to  the 
gates  now  authorized  and  established,  one  whole  gate,  or  two 
half  gates,  and  shall  be  allowed  to  receive  the  same  rates  of 
toll  at  said  whole  gate,  or  two  half  gates,  as  said  corporation 
are  now  authorized  to  receive  at  the  other  gates,  as  they  are 
now  established  :  Provided  the  said  corporation  are  not  allow- 
ed to  receive  any  more  than  four  whole  tolls  on  said  turnpike 
road. 

Sect.  2.  Be  it  further  enacted.  That  the  Directors  of  the  said 
corporation  may,  for  the  prevention  of  frauds,  alter  or  divide 
any  whole  or  half  gate  whenever  they  shall  judge  it  necessary: 
Provided,  such  gates  shall  not  be  erected  on  any  public  landing 
or  highway :  And  provided,  that  no  more  toll  shall  be  taken  at 
the  parts  of  any  gate,  than  would  have  been  demandable,  had 
such  gate  not  been  divided;  And  provided  also.  That  such  gate 
or  parts  of  gate,  shall  be  approved  by  commissioners  appoint- 
ed by  the  Governor  and  Council  of  this  Commonw^ealth,  ac- 
cording (o  the  act  for  establishing  the  said  turnpike.  '[March  9, 
1808.f    Further  act— 1811  ch.  50. 

ChaV'  118.  -^^  ^^"^  '•°  i'lcorporatf  certain  Persons  Trustees,  to  manage  a  fund  lor  the  perma- 
nenf  support  iif  a  School  in  District  Number  Three,  in  the  Town  of  Blanford, 
in  the  county  of  Hampshire. 

Preamble,  WHEREAS,  Jane  Taggart,  late  of  Blanford  in  the  county 

of  Hampshire,  widow,  deceased,  by  her  last  Will  devised  and 
bequeathed  to  the  inhabitants  of  school  district  number  Three, 
jn  said  town  of  Blanford,  a  legacy  of  about  one  thousand  two 
hundred  dollars,  to  be  let  out  on  interest ;  and  the  interest 
thereof  to  be  applied  annually  for  the  support  of  a  school  with- 
in said  district;  and  by  the  terms  of  said  will,  the  executors 
therein  named,  are  to  control  said  legacy,  until  the  inhabitants 
of  said  district  shall  be  authorized  according  to  law,  to  receive 
the  same  into  their  own  hands  :  And  the  inhabitants  of  said 
district  having:  petitioned  the  Legislature  for  an  act  of  incorpo- 
ration, in  order  that  they  may  manage  said  fund,  agreeable  tq 
the  will  of  the  said  Jane  Taggart: 
Trustees  ap-  Sect.  1.    Be  it  enacted  by  the  Senate  and  House  of  Representa- 

liointed.  tiv?s,  in  General  Court  assembled,  and  by  the  avthority  of  the  same^ 

That  Ephraim  Gibbs,  Timothy  Blair,  Isaac  Gibbs,  John  Wheel- 
er, Samuel  C.  Gibbs,  William  Stewart,  John  Furguson,  Benja- 
n)in  Taggart,  Zadock  Brown,  Levi  Gibbs,  John  Gibbs,  Elj 
Knox,  Abner  Gibbs,  Jesse  Bruce,  Arba  Collister,  Williai^ 
Stewart,  jun.  William  Brown,  Benjamin  Herrington,  and  John 
Collister,  all  of  the  said  town  of  Blanford,  be,  and  they  are 
hereby  appointed  trustees  to  receive  and  hold  the  above  men- 
tioned legacy,  and  all  other  monev  for  the  purpose  aforesaid, 
however  accruins?,  to  the  amount  of  eight  thousand  five  hund'-ed 
dollars  ;  and  real  estate  to  the  amount  of  five  thousand  dollars, 
in  trust,  for  the  use  and  benefit  of  the  inhabitants  of  said  dis- 
trict, and  the  permanent  support  of  a  school  within  the  same; 
and  shall  constitute  a  body  politic  and  corporate,  to  have  per- 
petual succession  for  the  due  and  faithful  management  of  said 


1807. Chap.  118.  17« 

^ust ;  and  shall  be  vested  with  all  powers  incident  to  corpora- 
tions, necessiry  or  requisite  for  that  purpose. 

Sect.  2.  Be  it  further  enacted.  That  the  trustees  before  men-  Manner  of 
tioned,  sh^ll  forever  hereafter  hold  a  meeting  in  the  said  town  calling racBr- 
of  Blanford,  in  the  month  of  April,  annually;  the  time  and  *"S« 
place  of  said  meeting  to  be  notified  by  the  major  part  of  the 
trustees,  by  posting  an  advertisement  thereof,  in  some  public 
place  in  said  district,  seven  days,  at  least,  before  the  time  of 
;said  meeting:  At  such  meeting,  the  major  part  of  the  trustees 
present,  shall  annually  choo'=;e  a  treasurer,  who  shall  be  an  in-  choose  officers, 
habitant  of  said  district,  with  whom  the  money,  or  securities 
for  money,  constituting  the  funds,  may  be  deposited ;  and  who 
shall,  under  the  control  and  by  the  order  of  the  trustees,  or  the 
major  part  of  them,  receive  in,  deliver  up,  or  pay  out  such  mo- 
nies or  securities;  and  the  person  so  chosen,  shall  give  bond, 
if  required,  at  the  discretion  of  the  trustees,  for  the  faithful  per- 
formance of  his  duty;  and  the  major  part  of  the  trustee?  pre- 
sent at  such  meeting  are  also  empowered  to  choose  a  clerk  an- 
nually, who  shall  be  an  inhabitant  of  said  district,  to  keep  a 
record  of  the  doings  and  proceedings  of  the  trustees:  And  the 
trustees  are  further  empowered  from  time  to  time,  at  any  of 
their  meetings,  called  in  the  manner  aforesaid,  to  fill  up  the 
vacancies  occasioned  by  the  death,  resignation,  or  removal  of 
any  of  the  trustees  out  of  said  district :  And  no  person  shall  be 
elected  trustee,  unless  he  is  an  inhabitant  of  said  district. 

Sect.  3.  Be  it  further  enacted.  That  the  trustees  before  men-  Tavested  with 
tioned,  and  their  successors  in  office,  be,  and  hereby  are  invest-  fu"h«r  powers, 
ed  with  sufficient  power  to  receive  all  subscriptions,  grants,  ap- 
propriations, and  donations  that  may  hereafter  be  made,  for 
the  purpose  of  supporting  a  school  within  said  district ;  and  to 
make  such  by-laws  respecting  the  manner  of  boarding  the 
teachers  of  said  school,  and  procuring  wood  therefor,  and  such 
other  bj'-laws,  as  may  be  necessary  for  the  well  ordering  and 
regulating  the  affairs  of  said  district ;  which  shall  be  binding 
upon  all  the  members  of  said  district,  if  not  incompatible  with 
the  laws  of  the  land  :  Provided,  The  subscriptions,  grants,  ap-  Pvovist. 
propriations,  and  donations  in  personal  estate,  when  added  to 
the  above  mentioned  fund,  shall  not  exceed  the  sum  of  eight 
thousand  five  hundred  dollars,  and  the  real  estate  above  five 
thousand  dollars  ;  and  place  the  money  that  shall  be  in  their 
hands  as  trustees,  at  interest,  on  good  security,  at  their  discre- 
tion ;  and  apply  the  w^hole  arising  therefrom,  or  any  part  there- 
of, to  the  support  of  said  school;  but  not  in  any  case,  to  lessen 
or  make  use  of  any  part  of  the  principal. 

Sect.  4.  Be  it  further  enacted,  That  the  trustees,  or  the  ma-  Empowered  to 
jor  part  of  them,  by  notifying  as  aforesaid,  be,  and  hereby  are  call  meeting, 
empowered  to  call  a  meeting ;  and  at  the  request  of  ten  of  the 
inhabitants  of  said  district,  shall  call  a  meeting  at  any  time,  for 
the  purpose  of  giving  directions  relative  to  the  application  of 
the  interest  of  the  fund;  and  at  such  meeting,  the  said  trustees 
shall  annually  lay  before  the  inhabitants  of  said  district,  in 
writing,  an  account  of  their  proceedings,  disbursements  and  the 
state  of  the  fund.     [March  9,  1808,] 


174 


Chap,  119. 


1807. 


Chap.  119. 


/ 


An  Act  to  incorporate  a  number  of  p^sons,  for  the  purpose  of  building  a  Bridga 
over  Connecticut  River,  between  Pjfindle's  Ferry,  and  Mill  Brook,  in  the  Town 
of  Northfield,  in  the  county  of  Hampshire. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Persons  incor-  same,  That  Elisha  Alexander,  John  Barrett,  Joseph  Belding, 
jporated.  JqI^  ]yj^  Dickcnson,  Benoni  Dickenson,  Adrastus  Doolittle,  Ti- 

mothy B.  Button,  Josiah  Fisher,  Abner  Harris,  Stephen  Har- 
ris, Samuel  Hokon,  Ora  Holten,  Edward  Haughton,  Arad  Hunt, 
Jonathan  Hunt,  Elisha  Hunt,  Joel  Jennings,  Thomas  Mason, 
William  Pomeroy,  Nathan  Prindle,  Jonathan  Swett,  Cyrus 
Washburn,  and  Ezekiel  Webster,  together  with  such  others  as 
already  have,  or  may  hereafter  associate  with  them,  be,  and 
they  hereby  are  incorporated  for  the  purpose  of  building  a 
bridge  over  Connecticut  River,  between  Mill  Brook  and  Prin- 
dle's  Ferry,  so  called,  in  Northfield,  in  the  county  of  Hamp- 
shire, and  for  keeping  the  same  in  good  repair,  and  they,  their 
successors  and  assigns,  are  hereby  made  a  corporation  and 
body  politic,  by  the  name  of  The  Proprietors  of  Northfield 
Bridge,  and  by  that  name  may  sue  and  be  sued  to  final  judg- 
ment and  execution,  and  may  do  and  suffer  all  other  acts  and 
things,  which  similar  corporations  may  or  ought  to  do  and  suf- 
fer; and  the  said  corporation  shall  and  may  have  and  use  a 
common  seal,  and  the  same  may  break  and  alter  at  pleasure. 
Sect.  2.  Be  it  further  enacted,  That  for  reimbursing  to  the 
proprietors  of  said  bridge,  their  expenses  in  building  and  keep- 
ing the  same  in  repair,  there  shall,  and  hereby  is  granted,  a 
Toll  granted,  toll  according  to  the  rates  following,  viz.:  For  each  foot  pas- 
senger, two  cents  ;  for  each  horse  and  rider,  six  cents ;  for  each 
cart,  sled,  or  other  carriage  of  burthen  drawn  by  one  beast, 
fiates  of  six  cents  ;  if  drawn  by  two  beasts,  ten  cents  ;  and  if  drawn  by 

more  than  two  beasts,  three  cents  for  each  additional  beast ; 
for  each  horse  without  a  rider,  and  for  neat  cattle,  three  cents 
each  ;  for  sheep  and  swine,  one  cent  each ;  for  each  pleasure 
sleigh,  drawn  by  one  horse,  eight  cents,  if  drawn  by  two  horses, 
twelve  and  an  half  cents  ;  for  each  horse  and  chaise,  or  sulkey, 
twelve  and  an  half  cents;  for  each  curricle,  twenty-five  cents; 
for  each  coach,  chariot,  phaeton,  or  other  four-wheel  carriage, 
for  travelling  or  pleasure,  thirty-three  cents;  and  one  person 
and  no  more  shall  be  allowed  to  each  team  as  a  driver,  to  pass 
free  of  toll ;  and  all  persons,  who  may  have  occasion  to  pass 
the  said  bridge  on  military  duty,  shall  go  free  from  any  toll, 
and  the  toll  shall  commence  on  the  day  of  the  first  opening  of 
the  said  bridge  ;  and  at  the  plat«e,  where  the  said  toll  is  re- 
ceived, there  shall  be  erected,  and  constantly  exposed  to  view, 
a  bo"!rd,  with  the  rates  of  toll  fairly  and  legibly  written  or  print- 
Time  limited.  6(1  thereon,  in  large  letters :  And  the  said  toll  shall  continue 
seventy  years ;  and  after  fifty  years  from  the  passing  of  this 
Ac',  the  legislnture  shall  have  a  right  to  regulate  the  toll  re- 
ceivable at  said  bridge. 

Sect.  3.  Be  it  further  enacted,  That  the  said  bridge  shall  be 
bulk  of  good  and  durable  materials,  at  least  thirty  feet  wide, 
with  sufficient  rails  on  each  side,  and  boarded  up  twelve  inches 
high  from  the  floor  of  said  bridge,  for  the  safety  of  passengers 
travelling  thereon,  and  shall  always  be  kept  in  good  repair. 


Drmensions 
and  ii>Pt'.-iials 
of  the  bridge. 


1807. Chap.  119—122.  175 

Sect.  4.     Be  it  further  enacted^  That  the  said  corporation,  at  Accounts  to  be 
the  time  of  opening  said  bridge,  shall  cause  a  true  and  just  ac-  exhibited, 
count  of  the  expenses  thereof;  and  at  the  end  of  every  three 
years  there  afterwards,  a  just  and  true  account  of  receipts  and 
disbursements,  to  be  returned  into  the  office  of  the  Secretary 
of  this  Commonwealth. 

Sect.  5.  Be  it  further  enacted,  That  any  three  of  the  per-  Empowered  to 
sons  named  above,  be,  and  they  hereby  are  empowered  to  ap-  appoint  meet- 
point  and  notify  a  meeting  of  said  proprietors,  (o  be  holden  at 
some  convenient  time  and  place,  by  publishing  the  same  three 
Vv-eeks  successively,  in  the  Hampshire  Gazette,  and  the  Repub- 
lican Spy,  printed  at  Northampton,  in  said  county,  the  last 
publication  to  be  at  least  fourteen  days  before  the  day  appoint- 
ed for  holding  such  meeting ;  and  ihe  said  proprietors  being  so  -p^g^g^jgy  ^^ 
assembled,  shall  proceed  to  choose  by  ballot,  a  clerk,  who  shall  to  be  chosen.  ' 
be  sworn  to  the  faithful  discharge  of  his  duty ;  a  treasurer,  who 
shall  also  be  sworn  to  the  faithful  performance  of  his  duty,  and 
a  board  of  directors;  and  may  also  establish  such  by-laws  and 
regulations  as  may  be  necessary  for  the  prudent  management 
of  their  affairs  for  caiTying  into  effect  the  purposes  of  this  Act, 
for  collecting  the  toll  herein  granted,  to  establish  a  mode  of 
calling  future  meetings,  to  annex  reasonable  penalties  for  the 
breach  of  the  by-laws,  not  exceeding  five  dollars  :  Provided,  Proviso, 
That  such  by-laws  and  regulations  shall  not  in  any  case  be  re- 
pugnant to  the  constitution  and  laws  of  this  Commonwealth  ; 
and  provided  also,  that  each  share  shall  be  entitled  to  one  vote, 
but  no  one  proprietor  shall  be  entitled  to  more  than  ten  votes. 
And  all  representations  at  said  meeting  shall  be  in  writing,  and 
filed  with  the  clerk  of  said  corporation ;  and  this  Act,  and  all 
rules,  regulations  and  proceedings  of  said  proprietors,  shall  be 
fairly  and  truly  recorded  by  said  clerk,  in  a  book  or  books  to 
be  provided  and  kept  for  that  purpose. 

Sect.  6.     Be  it  further  enacted,  That  if  the  said  proprietors  Act  void  in 
shall  neglect  for  the  space  of  six  j^ears  from  the  passing  of  this  "^^s®- 
Act,  to  build  and  erect  said  bridge,  then  this  Act  shall  be  void 
and  of  no  effect.     [March  9,  1808.]     Add.  act— 1812  ch.  12. 

An  Act  to  alter  the  Names  of  certain  persons  therein  named.  Chap»  1  S3. 

BE  it  enacted  by  ihe  Senate   and  House   of  Representatives,  in 
Gmsral  Court  assembled,  and  by  the  authority  of  the  same,  That  ^j  , 

from  and  after  the  passing  of  this  Act,  Thomas  Harris  the  third,  ed. 
of  Charlestown,  in  the  county  of  Middlesex,  son  of  Richard 
Harris,  late  of  Marblehead,  deceased,  be  allowed  to  take  the 
name  of  Richard  Thomas  Harris  ;  that  Elisa  Loyns  Potter,  a 
minor,  and  son  of  Job  Potter,  of  Great  Harrington,  be  allowed 
to  take  the  name  of  Robert  Loyns  Potter  ;  that  Henry  Orne, 
of  Salem,  in  the  county  of  Essex,  and  son  of  William  Orne,  of 
saii  SrJrm,  merchant,  be  allowed  to  take  the  name  of  Charles 
Henrv  Oroe ;  fh'it  Richard  Derby,  of  Boston,  ia  the  county  of 
Suflfolk,  son  of  ^Ii'<s  Kasket  Derby,  late  of  Salem,  in  the  county 
of  £?sex,  deceased,  fe  allowed  to  take  the  name  of  Richard  C. 
Derby;  ihat  i^rince  T',«bey,  of  Augusta,  in  the  county  of  Ken- 
nebeckj  son  of  Siephcn  Tobey,  of  the  same  Augusta,  gentleman. 


17i  1807.  -^—  Chap.  122—130. 

be  allowed  to  take  the  name  of  Charles  Edward  Tobey ;  that 
Thomas  Smith,  of  Rowley,  in  the  county  of  Essex,  son  of  Isaac 
Smith,  of  the  same  Rowley,  be  allowed  to  take  the  name  of 
Thomas  Hibbert  Smith;  that  Samuel  Page,  of  Salem,  in  the 
county  of  Essex,  and  son  of  Samuel  Page,  of  the  same  Salem, 
deceased,  be  allowed  to  take  the  name  of  Samuel  Lee  Pagej 
that  John  Oilman,  of  Winslow,  in  the  county  of  Kennebeck,  be 
allowed  to  take  the  name  of  John  Hancock  Oilman;  that  An- 
drew Mock,  of  Boston,  in  the  county  of  Suffolk,  minor,  and  son 
of  William  Mock,  late  of  said  Boston,  deceased,  be  allowed  to 
take  the  name  of  Andrew  Jeremiah  Allen  ;  that  James  King 
the  third,  of  Salem,  in  the  county  of  Essex,  and  son  of  James 
King,  of  said  Salem,  be  allowed  to  take  the  name  of  James 
Charles  King  ;  that  James  Purinton,  late  of  Topsham,  in  the 
county  of  Lincoln,  but  now  of  the  plantation  of  Little  River, 
tanner,  be  allowed  to  take  the  name  of  James  Woodbury  Purin- 
ton; that  Daniel  Hamant,  jun.  of  Medfield,  in  the  county  of 
Norfolk,  minor,  and  son  of  Daniel  Haniant,  of  said  Medfield, 
be  allowed  to  take  the  name  of  Caleb  Strong  Hamant;  that 
Zachariah  Shed,  of  Boston,  in  the  county  ol  Suffolk,  merchant, 
son  of  Ebenezer  Shed,  of  Chelmsford,  in  the  county  of  Middle- 
sex, be  allowed  to  take  the  name  of  Oeorge  Shed  ;  that  Oeorge 
Bruce,  of  Boston,  in  the  county  of  Suffolk,  minor,  and  son  of 
the  late  Stephen  Bruce,  of  said  Boston,  deceased,  be  allowed 
to  take  the  name  of  Oeorge  Appleton  Bruce;  that  Charles 
Bruce,  of  said  Boston,  minor,  and  son  of  said  Stephen  Bruce, 
be  allowed  to  take  the  name  of  Charles  Henry  Bruce ;  that 
Billey  Richardson,  of  Billerica,  in  the  county  of  Middlesex, 
blacksmith,  son  of  Jacob  Richardson,  late  of  said  Billerica,  be 
allowed  to  take  the  name  of  William  Richardson  ;  that  Rosel 
Underwood,  of  Greenfield,  in  the  county  of  Hampshire,  be  al- 
lowed to  take  the  name  of  Rosel  U.  Deming.  And  said  per- 
sons shall,  in  future,  be  rcspecuvely  known  and  called  by  the 
names  which  they  are  respectively  allowed  to  take  as  afore- 
said; and  the  same  shall  be  considered  as  their  only  proper 
names  to  all  intents  and  purposes.     [March  11,  1808.] 

Chapt  129.     An  Act  for  allowing  a  further  time   to   tbe   Fourteenth   Massachusetts    Turnpike 
1801  ch.  77  Corporation  to  complete  their  road. 

(V.  2.  p.  532.  ^E  it  enacted  hy  the  Senate  and  House  of  Representatives,  in  Gen- 

(Vol.  3  p.  31.")  ^'^^^  Court  assembled,  and  hy  the  anthorify  of  the  same,  That  a 
I806ch. 71.90.  further  time  of  four  years  fi'om  and  after  the  passing  of  this 
act,  be  allowed  the  Fourteenth  Massachusetts  Turnpike  Cor- 
poration, for  completing  said  road  ;  and  said  corporation  shall 
be  entitled  to  all  the  privileges  which  they  now  have,  and  be 
subject  to  all  the  duties  to  which  they  are  now  liable ;  any 
thing  in  the  original  act  of  incorporation  to  the  contrary  not- 
withstanding.    [March  12,  1808.] 

Ghap*  130.  An  Act  to  establish  the  Providence  and  Northampton  Turnpike  Corporation. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assemb'ed,  and  by  the  authority  of  the  same, 
That  William  Eaton,  Oz-m  Blarhfield,  Samuel  Ourthrie,  Ste- 
phen Pyuchon,  Alfred  Lyon,  Philemon  Warren,  Abner  Mor- 


1807. Chap.  130—131.  177 

^an,  Benjamin  Sherman,  Thomas  Sherman,  Aaron  Morgan, 
William  Norcross,  Ichabod  Bliss,  Jesse  Hitchcock,  Ellas  Car- 
ter, John  Moor,  Nathaniel  Parker,  Araunah  Charles,  Amos 
Hamilton,  Abel  Knowlton,  Elihu  Dwight,  Daniel  Stebhcns, 
Isachar  Brown,  jun.  Bartholomew  Brown,  Thomas  Bliss,  and 
Solomon  Hoar,  together  with  such  others,  as  already  have,  or 
may  hereafter  associate  with  them,  their  successors  or  assigns, 
be,  and  they  are  hereby  made  a  corporation,  by  the  name  of 
the  Providence  and  Northampton  Turnpike  Corporation,  for 
the  purpose  of  laying  out,  making,  and  keeping  in  good  repair, 
a  turnpike  road,  from  a  point  in  the  Providence  road,  in  a  line 
of  the  state  of  Connecticut,  to  the  centre  of  the  town  of  Stur- 
bridge  ;  thence  in  the  best  direction  to  Brimfield  and  Palmer 
meeting  houses  ;  thence  on  the  most  convenient  rout  to  South- 
Hadley ;  and  thence  in  the  best  direction  to  Northampton. 

Sect.  2.  And  he  it  further  enacted,  That  Salem  Town,  Abner  Committee  to 
Brown,  and  Josiah  Dwight,  Esquires,  be,  and  they  hereby  are  locate  the  road, 
appointed  a  committee  to  locate  the  said  road,  and  to  fix  and 
mark  the  same,  in  the  course  before  described,  at  their  discre- 
tion, and  in  case  there  should  be  any  obstructions  from  build- 
ings or  other  causes,  which  may  prevent  a  straight  line,  the  said 
committee  shall  in  such  case,  have  power  to  vary  the  line,  so 
as  to  avoid  such  obstructions  :  Provided,  that  said  road  shall 
not  be  less  than  four  rods  wide  in  any  part  thereof :  And  the 
said  committee  are  hereby  empowered  to  assess  such  damages, 
as  any  mdividual  may  sustain,  by  reason  or  laying  out  said  tained. 
road  ;  when  the  corporation  and  such  individual  cannot  agree, 
which  damages  shall  be  satisfied,  before  such  inclosure  shall 
be  opened  by  the  corporation  and  laid  common,  reserving  to 
either  party  the  right  of  trial  by  jury,  according  to  the  law, 
which  provides  for  the  recovery  of  damages  accruing  by  the 
laying  out  of  public  highways  ;  and  when  the  said  committee 
shall  have  completed  their  business,  they  shall  make  return  to 
the  next  Courts  of  General  Sessions  of  the  Peace,  to  be  holden 
in  the  counties  of  Worcester,  and  Hampshire,  of  the  courses 
and  distances  of  said  turnpike  road,  and  of  the  damages  assess- 
ed in  each  county,  which  shall  have  the  same  effect,  as  if  the 
same  had  been  done  by  the  committee  appointed  by  said  courts, 
for  the  same  purposes,  the  expense  for  all  which  services  of 
the  said  committee  shall  be  paid  by  the  said  corporation. 

Sect.  .3.  And  be  it  further  enacted,  That  the  said  corporation  General  power;! 
shall  in  other  respects  have  all  the  powers  and  privileges,  and  and  duties. 
shall   be  subject  to  all  the  duties,  requirements   and   penalties, 
prescribed  and  contained  in  an  Act,  entitled  "  An  Act  defining  i804ch.  125. 
the  general  powers  and  duties  of  turnpike  corporations  ;"  pass- 
ed  the   sixteenth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  five,  and  any  Act  in  addition  there- 
to which  has  already  been  passed,  or  which  may  hereafter  be 
passed.     [March  12,  1808.] 

An  Act  to  establish  the  Brookfield  and  Charlton  Turnpike  Corporation.  Chap,  131> 

BE  it  enacted  by  the  Senate   and  House  of  Representatives,   in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 

VOL.  IV.  23 


178  1807.; Chap.  131—134. 

Gad  Williston,  Simeon  Draper,  William  How,  with  such  other 
persons  as  may  iiereafter  associate  with  them  and  their  succes- 
sors and  assigns,  shall  be  a  corporation,  by  the  name  of  the 
Brookfield  and  Charlton  Turnpike  Corporation  ;  for  the  pur- 
pose of  making  a  turnpike  road,  from  the  north  end  of  AUum 
pond,  so  called,  at  the  end  of  a  certain  turnpike  road,  in  the 
state  of  Rhode  Island,  to  Philip  Brown's,  in  Oxford  south  gore; 
thence  by  the  narrows  of  the  pond,  so  called,  in  Dudley,  near 
Mr.  Simeon  Shepherd's,  to  the  falls  of  French  river,  by  John 
Cady  and  Collins  Mower's  land  ;  thence  as  direct  as  conveni- 
ent to  the  centre  meeting  house  in  Charlton,  and  from  thence 
to  the  south  parish  meeting  house  in  Brookfield,  in  as  straight 
a  line  as  the  ground  will  admit :  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,  enti- 
1804  ch.  125.  tied  "  An  Act  defining  the  general  powers  and  duties  of  turn- 
pike corporations ;"  passed  the  sixteenth  day  of  March,  one 
thousand  eight  hundred  and  five,  and  any  act  in  addition  there- 
to which  has  already  been  passed,  or  may  hereafter  be  pass- 
ed.    [March  12,  1808.]     Add.  act— 1812  ch.  118. 

Chttp.  134.      An  Act  in  addition  to  an  Act,  entitled  "  An  Act  regulating  the  colleciion  of  taxes 
1802  ch.  7.  in  the  town  of  Boston,  and  providing  for  the  appointment  of  Constables  in  said 

(V.  3.  p.  5.)  town." 

Sect.  1 .  BE  it  enacted  hy  the  Senate  and  House  of  Represeyita- 
tives,  in  General  Court  assembled^  and  by  the  authority  nf  the  same, 
Treasurer  au-  That  the  treasurer  and  collector  of  the  town  of  Boston,  be,  and 
thorizedincase  he  hereby  is  authorized  to  issue  his  warrant  to  the   sheriff  of 
of  delinquents.  ^^^  ^^^^^^  ^f  Suffolk,  his  deputy,  or  to  any  constable  of  the 
town  of  Boston,  directing  them  to  distrain  the  persons,  or  pro- 
perty of  any  person  or  persons  who  may  be  delinquent  in   the 
payment  of  taxes,  after  the  time  has  expired,  that  is  or  may  be 
fixed  for  payment,  by  any  vote  of  said  town.    Which  warrants 
shall  be  of  the  same  tenor  with  the  warrant  prescribed  to   be 
issued  by  selectmen  or  assessors  for  the  collecting  or  gathering 
in  of  the  state  rates  or  assessments,  mutatis  mutandis.     And  the 
said  officers  shall  make  a   return  of  their  warrants,  with  their 
doings  thereon,  to  the  said  treasurer  and  collector,  within  thir- 
Proviso.  ty  days  from  the  date  thereof:  Provided  however^  that   nothing 

in  this  Act  shall  prevent  the  said  treasurer  and  collector,  when- 
ever there  may  be  a  probability  of  losing  a  tax,  from  distraining 
the  person  or  property  of  any  individual  before  the  expiration 
of  the  time  fixed  by  the  votes  of  said  town. 
Duty  of  civil  Sect.  2.  Be  it  further  enactcd,  That  it  shall  be   the   duty  of 

officers.  said  officers  to  execute  all  warrants  they  may  receive  from  said 

treasurer  and  collector,  pursue  the  same  process  in  distraining 
the  persons  or  property  of  delinquents,  as  collectors  of  taxes 
are  now  by  law  authorized  to  do  and  perform  ;^nd  for  col- 
lecting the  sum  of  money  due  on  said  warrant,  receive  the  fees 
that  are  allowed  by  law  for  levying  executions  in  personal  ac- 
Proviso.  tionsj)  Provided  however^  before  the  said  officers  shall  serve  any 

warrant,  they  shall  deliver  to  the  delinquent,  or  leave  at  his  or 
her  usual  place  of  abode,  a  summons  from  said  treasurer  and 


1807. Chap.  134—135.  179 

collector,  stating  the  amount  clue  ;  and  that  unless  the  same  is 
paid  within  ten  days  from  the  time  of  leaving  said  summons  in- 
to the  town  treasury,  with  twenty  cents  for  said  summons,  his 
or  her  property  will  be  distrained  according  to  law. 

Sect.  3.  Be  it  further  enacted,  That  the  constables  of  the 
town  of  Boston,  in  addition  to  the  usual  condition  of  their  bonds, 
shall  also  be  bound  to  the  faithful  execution  of  all  warrants 
committed  to  them  by  the  treasurer  and  collector  of  said  town. 
[March  12,  1808.]     See  act— 1821  ch.  110. 

An  Act  in  addition  to  an  Act,  entitled  "An  Act  to  incoiporate   a   number  of  the    ^i'-ttp»  135, 
inhabitants  of  the  towns  of  Pittsfield,  Hancock,  Dalton  and   Washineton,  in   the    1803  ch.  96, 
connty  of  Berkshire,  into  a  religious  society,  by  the  name  of  the  Methodist  Reli- 
gious Society  in  Pittsfield,  Hancock,  Dalton  and  Washington." 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  any  person  belons;ing  to  either  of  the  said  towns  of  Pitts-  Measures  tobe 

£    I  1     Tt  1      1-x    1  1  Txr      1  •  I  .•  taken  in  loaiuio 

neld,  Hancock,  Dalton  and  Washington,  who  may  at  any  time  the  society. 
hereafter,  desire  to  join  with  the  said  Methodist  society  in  Pitts- 
field, and  shall  declare  such  his  or  her  intention  in  writing,  and 
deliver  the  same  to  the  clerk  of  the  town,  and  a  copy  of  the 
same  to  the  minister  or  clerk  of  the  parish  in  which  he  or  she 
may  reside,  on  or  before  the  first  day  of  March,  in  the  year 
when  such  application  shall  be  made,  and  at  the  same  time  pro- 
duce a  certilicate  of  their  being  united,  and  having  become  a 
member  of  said  society,  signed  by  the  minister  or  clerk  and 
two  of  the  committee  of  the  said  Methodist  society,  such  per- 
son shall,  from  and  after  the  date  of  such  declaration,  with  his 
or  her  polls  and  estate,  be  considered  a  member  of  said  socie- 
ty :  Provided  hoivever,  that  such  persons  shall  be  holden  to  pay 
his  or  her  proportion  of  all  money  legally  assessed  in  said  pa- 
rish to  which  such  person  formerly  belonged. 

Sect.  2.  Be  it  farther  enacted,  That  whenever  any  member  Measures  to  be 
of  said  Methodist  society,  shall  see  cause  to  leave  the  same,  and  taken  in  leav- 
to  unite  in  religious  worship  with  any  other  religious  society  in  '"s  the  society. 
the  town  in  which  he  or  she  may  reside,  and  shall  declare  such 
their  intention  in  writing,  and  deliver  the  same  to  the  minister 
or  clerk,  and  committee  of  the  said  Methodist  societ}^  and  shall 
deliver  a  copy  of  the  same  to  the  clerk  of  the  town,  on  or  be- 
fore the  first  day  of  March,  in  the  3-ear  when  such  person  shall 
apply  to  be  dismissed  or  discharged  from  the  said  Methodist 
society,  and  at  the  same  time  shall  produce  a  certificate  in  wri- 
ting, signed  by  the  minister  or  clerk,  and  two  of  the  committee, 
certifying,  that  he  or  she  hath  actually  become  a  member  of 
said  religious  society,  or  hath  united  in  religious  worship  with 
said  society,  in  the  town  where  he  or  she  may  dwell,  such  per- 
son shall,  from  and  after  the  date  of  such  declaration,  with  his 
or  her  polls  and  estate,  be  considered  a  member  of  said  socie- 
ty, to  which  he  or  she  has  so  united  :  Provided  hoivever,  that 
such  person  shall  be  holden  to  pay  his  or  her  proportion  of  all 
money  legally  assessed  by  said  Methodist  society,  while  he  or 
she  was  a  member  thereof.     [March  12,  1808.] 


IbO 


1807. 


Chap.  139. 


Chap.  139. 


Preamble. 


Proprietors  in- 
corporated. 


Proviso, 


Entitled  to 
privileges  and 
subject  to 
penalties. 


May  possess 
and  hold  es- 
tate limited. 


An  Act  incorporating  the  PropVietors  of  the  Norfolk  Cotton  Manufactory. 

WHEREAS  the  promotion  of  manufactures  within  this  Com- 
monwealth, particularly  such  as  are  carried  on  with  materials 
of  American  production,  will  increase  the  welfare  and  strength 
of  the  country,  by  promoting  industry,  and  rendering  us  less 
de'pendant  on  foreign  countries  for  articles  of  necessary  con- 
sumption; and  such  manufactures  being  highly  deserving  the 
patronage  of  this  government ;  and  whereas  Samuel  Lowder, 
Calvin  Whiting,  Jonathan  Richards,  Eliphalet  Baker,  jun.  Reu- 
ben Guild,  Reuben  Richards,  William  Howe,  Pliny  Bingham, 
Calvin  Howe,  Edward  Dowse  and  Jesse  Wheaton,  have  asso- 
ciated themselves,  for  the  purpose  of  carrying  on  the  manu- 
facture of  Cotton,  in  its  various  branches,  and  other  manufac- 
tures connected  therewith  ;  and  have  been  at  considerable  ex- 
pense in  taking  measures  preparatory  to  the  establishment  of 
such  manufactures,  and  have,  for  those  purposes,  purchased  a 
mill  seat,  and  privileges  connected  with  and  appertaining  to' it, 
on  Mill  Creek,  in  the  town  of  Dedham,  with  some  land  con- 
tiguous and  near  to  the  same,  and  have  petitioned  the  legisla- 
ture to  incorporate  them,  to  enable  them  the  more  effectually 
and  beneficially  to  prosecute  the  business  of  such  manufacto- 
ry : — Therefore, 

Sect.   1.     Be  it  enacted  by  the  Senate    and  House  of  Represen- 
tatives,in  General  Court  assembled,  and  by  the  authority  of  the  sam.e, 
That  the  aforenamed   Samuel  Lowder,  Calvin   Whiting,  Jona- 
than Richards,  Eliphalet  Baker,  jun.   Reuben   Guild,  Reuben 
Richards,  William    Howe,  Pliny  Bingham,   Calvin  Howe,  Ed- 
ward Dowse  and  Jesse  Wheaton,  and  their  successors,  so  long 
as  they  shall  be  proprietors  in  the  said   manufactory,  together 
with  such  others  as   have   associated,  or  may  hereafter  asso- 
ciate with  them,  be,  and  they  are  hereby  incorporated,  by  the 
name  of  the  Proprietors  of  the  Norfolk  Cotton   Manufactory : 
Provided  nevertheless,  that  any  person  who  now  is,  or  hereafter 
shall  be,  by  virtue  of  this  act,  one  of  said  corporation,  upon  his 
ceasing  to  be  a  proprietor,  shall  cease  to  be  a  member  thereof. 
Sect.   2.     Be  it  further  enacted.  That  said  corporation  shall 
be  capable  in  law  of  sueing  and  being  sued  by  its  aforesaid 
name,  and  of  pleading  and  being  impleaded,  defending  and  be- 
ing defended  in  all  courts  of  record,  and  other  places  whatso- 
ever ;  and  may  do  and  suffer  all  acts,  mattei-s  and  things  what- 
soever, which  bodies  politic  and  corporate  may  or  ought  to  do 
and  suffer ;  and  may  have  and   use  a  common  seal,  and  the 
same  ma)''  alter  at  pleasure-     And  in  all   proceedings  of  said 
corporation,  the  voles  of  the  proprietors  shall  be  taken  accord- 
ing to  the  real  interest,  or   number  of  shares   which  they  res- 
pectively hold  in  the  actual   property  of  said  corporation,  al- 
lowing in  all  cases  one  vote  to  each   share;  and  absent  mem- 
bers may  vote  and   be   represented  by  proxy,  authorized  in 
writing,  by  such  absent  member. 

Sect.  3.  Be  it  further  enacted,  That  the  said  corporation  is 
hereby  made  capable  of  taking,  purchasing,  possessing  and 
holding  to  the  use  of  the  several  members  of  said  corporation, 
and  to  their  heirs  and  assigns,  in  the  same  proportion  as  they 


1807. Chap.  139.  |81 

are  or  may  "be  severally  interested  as  proprietors,  real  estate 
to  the  amount  of  twenty  thousand  dollars,  exclusive  of  the  value 
of  the  mills,  and  other  buildings  which  may  be  erected  by 
the  said  corporation  ;  and  personal  estate  to  the  value  of  one 
hundred  thousand  dollars ;  and  also  of  selling,  aliening  or 
disposing  of  the  same,  or  any  part  thereof. 

Sect.  4.  Be  it  therefore  enacted,  That  the  property  in  said  Property  di. 
corporation  shall  be,  and  hereby  is  divided  into  fifty  shares,  Jhares'."*° 
which  shares  shall  be  numbered  in  progressive  order,  begin- 
ning at  number  one;  and  each  person,  on  becoming  a  proprie- 
tor, shall  have  a  certificate  or  certificates  of  his  share  or  shares, 
under  the  seal  of  said  corporation,  and  signed  by  the  treasurer 
and  clerk  thereof,  as  evidence  of  such  proprietor's  share  or 
shires ;  and  the  said  shares  shall  be  deemed  to  be  personal 
estate  ;  and  the  shares  aforesaid  shall  be  tranferable  by  deed 
or  instrument,  signed  and  sealed  by  the  proprietor  transferring, 
and  acknowledged  before  any  justice  of  the  peace,  and  record- 
ed by  the  clerk  of  said  corporation,  in  a  book  to  be  kept  for 
that  purpose. 

Sect.  5.  Be  it  further  enacted,  That  said  corporation,  from  Subject  to  as- 
time  to  time,  at  any  legal  meeting,  may  assess  upon  each  share,  cessment, 
such  sum  and  sums  of  money  as  they  shall  judge  necessary  for 
establishing  and  carrying  on  said  manufactory,  and  for  the 
purposes  connected  therewith  ;  and  whenever  any  proprietor 
shall  neglect  or  refuse  to  pay  any  tax  or  assessment,  duly 
voted  and  agreed  upon  by  the  said  corporation,  to  the  trea- 
surer thereof,  within  ten  days  after  the  time  set  for  the  pay- 
ment of  such  tax  or  assessment,  the  treasurer  of  said  corpora- 
tion is  hereby  authorized  to  sell  at  public  vendue,  the  share  or  Delinquent 
shares  of  such  delinquent  proprietor,  one  or  more,  as  will  be  shares  to  be 
sufficient  to  pay  the  tax  or  assessment  or  assessments  due  there- 
on, and  necessary  incidental  charges,  after  notifying  in  one 
newspaper,  printed  in  the  county  of  Norfolk,  if  any  newspaper 
shall  be  there  printed  ;  and  in  the  newspaper  printed  in  Bos- 
ton, by  the  printers  of  the  General  Court,  the  sum  or  sums  due 
on  such  share  or  shares,  and  the  time  and  place  of  sale;  which 
notice  shall  be  given  and  published,  at  least  ten  days  previous 
to  the  time  of  sale  ;  and  such  sale  shall  be  a  sufficient  and  va- 
lid transfer  of  the  share  or  shares  so  sold  to  the  person  pur- 
chasing and  paying  for  the  same ;  and  the  treasurer  shall  give 
a  certificate  under  his  hand,  containing  the  number  of  the  share 
or  shares  so  sold,  and  the  name  of  the  purchaser,  and  the 
amount  such  share  or  shares  sold  for,  to  the  clerk  of  said  cor- 
poration; which  certificate  shall,  by  the  clerk,  be  entered  on 
the  books  of  said  corporation,  kept  for  recording  the  transfer 
of  shares;  and  the  purchaser  shall  be  deemed  and  considered 
to  all  intents  and  purposes,  the  proprietor  of  the  share  or  shares 
by  him  purchased  and  paid  for,  as  aforesaid  ;  and  the  trea- 
surer, after  deducting  the  amount  of  the  tax  or  assessment  due 
on  the  share  or  shares  of  any  delinquent  proprietor,  sold  as 
aforesaid,  together  with  the  charges  and  expenses  of  the  sale, 
shall  pay  the  overplus  or  residue,  if  any  shall  remain,  to  the 
delinquent  proprietor,  or  his  written  order,  upon  demand  made 
•n  the  treasurer  for  that  purpose. 


182 


1807. 


Chap.  139. 


Officers  to  be 
chosen. 


Proviso. 


Shares  liable 
to  attachment. 


1804  ch.  83. 


Act  may  be 
given  in  evi- 
dence. 


Proviso. 


Chap.  1. 

1805  ch.  89. 

Width  of  the 
street. 


Proviso. 


Sect.  6.  Be  it  further  enacted,  That  said  corporation  shall 
have  power,  from  time  to  time,  at  any  legal  meeting,  to  choose 
a  clerk,  who  shall  be  sworn  to  the  faithful  performance  of  his 
duty;  a  treasurer,  who  shall  give  bond  to  said  corporation,  in 
such  amount  and  manner  as  may  be  agreed  upon  by  said  cor- 
poration, conditioned  for  the  faithful  appropriation  of  the  funds 
of  the  corporation,  which  may  come  to  his  hands ;  and  may 
also  choose  and  appoint  such  other  officers,  agents,  factors  and 
directors,  as  to  the  said  corporation  may  appenr  necessary  or 
convenient  for  the  regulation  and  government  of  the  same,  and 
for  the  effectuating  the  purposes  of  said  manufactory  ;  and  may 
also  establish  the  tenures,  duties  and  compensations  of  the  said 
clerk,  treasurer,  officers,  agents,  factors  and  directors,  and  may 
make  such  rules  and  by-laws  as  may  appear  necessary,  and 
the  same  to  repeal  at  pleasure;  and  to  fix  penalties  for  the 
breach  thereof :  Provided  auch  penalties  shall  not  exceed  ten 
dollars  for  any  one  breach  ;  and  Provided  also,  that  the  rules 
and  by-laws  to  be  made  by  said  corporation,  shall  not  be  re- 
pugnant to  the  constitution  and  laws  of  this  Commonwealth. 

Sect.  7.  Be  it  further  enacted,  That  the  share  or  shares  of 
any  member  of  said  corporation,  shall  be  liable  to  attachment 
on  mesne  process,  and  to  be  taken  on  execution,  as  provided 
by  a  law  of  this  Commonwealth,  passed  the  eighth  day  of 
March,  Anno  Domini,  one  thousand  eight  hundred  and  five,  di- 
recting the  mode  of  attachment  on  mesne  process,  and  selling 
by  execution  shares  of  debtors  in  incorporated  companies. 

Sect.  8.  Be  it  further  enacted,  That  this  act  shall  be  deem- 
ed and  considered  a  public  act,  so  far,  that  the  same  may  be 
given  in  evidence  in  any  court  of  record,  under  any  g;eneral 
or  other  issue,  without  being  specially  pleaded  :  Provided  al- 
ways, that  the  legislature  may  from  time  to  time,  hereafter, 
upon  due  notice  to  said  corporation,  make  such  further  pro- 
visions and  re2;ulations  for  the  management  of  the  business  of 
said  corporation,  and  the  government  thereof,  or  wholly  to  re- 
peal this  act,  as  shall  be  deemed  expedient.  [March  12,  1808.] 
Add.  act— 1811  ch.  152. 


Chap.  2. 

179-3  ch.  21. 
(V.  I.  p.  465.) 
1794  ch.  67. 
(V.  2.  p.  26.) 

1798  ch.  16. 
(V.  2.  p.  241.) 

1799  ch.  35. 
(V.  2.  p.  342.) 
180a  ch.  98. 
(V.  3.  p.  131.) 


An  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  establish  the  Pond  Street 
Corporation." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  said  corporation  be,  and  hereby  is  authorized  to  contract 
said  street  to  the  width  of  forty-five  ieei  instead  of  sixty  :  Pro- 
vided, The  interest  of  any  abutter  on  said  Street  shall  not  be 
impaired  thereby.     [June  10,  1808.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  in  further  addition  to  an  Act, 
entitled  an  Act  for  incorporating  Jantes  Sullivan,  Esq.  and  others,  by  the  name 
and  style  of  The  Proprietors  of  the  Middlesex  Canal." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  said  Proprietors  shall  be  allowed  the  term  of  three  years 
from  the  twenty-second  day  of  June,  one  thousand  eight  hun- 
dred and  eight,  to  complete  the  same  Canal  to  Charles  River ; 


1808. Chap.  3—5.  183 

and  to  effectuate  the  means  of  a  communication  between  the 
said  Canal  and  the  town  of  Boston,  across  said  Charles  River, 
by  boats.  [June  10,  1808.]  Add.  acts— 1809  ch.  19:  1810 
ch.  53:   1812  ch.  113.  115:   1814  ch.  100. 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  incorporate  the  Boston  Ma-   Chap,  3. 
rine  Insurance  Company."  t?qq    u 

Sect.   1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen-  (v.  2.  p.  26*5.) 
tafives,  in  General  Court   assembled,  and  by  the  authority  of  the  1803  ch.  123. 
same.  That  from  and  after  the  passing  of  this  Act,  the  capital      '  '^' 
stock  of  the  said  Boston  Marine  Insurance  Company,  shall  be  Shares. 
divided  into  shfires  of  sixty  dollars  each,  and  the  whole  num- 
ber of  shares  shall  be  five  thousand,  and   the  whole  capital 
stock  and  property  which  the  said  Company  shall  be  author- 
ized  to   hold,  shall  never  exceed  the  sum  of  three  liundred 
thousand  dollars,  exclusive  of  the  premium  notes,  and  profits 
arising  from  their  business.     And  the  President  and  Directors  Limits  of  in- 
shall  not  be  allowed  to  insure  any  sum  by  which  they  shall  -""^^nce, 
hazard  on  any  one  risk  a   greater  sum  than  thirty  thousand 
dollars ;  any  thing  in  any  former  act  to  the  contrary  notwith- 
standing. 

Sect.  2.  Be  it  further  enacted,  That  nothing  in  this  act 
contained  shall  prejudice  or  affect  any  Policy  of  Insurance 
heretofore  made  by  said  Company,  but  in  case  of  any  loss  or 
losses  arising  or  happening  on  any  such  policy  heretofore 
made,  the  party  insured  thereby  shall  have  the  same  remedy,  Estate  of  stock, 
and  the  estate  of  each  proprietor  or  stockholder  shall  be  held  holders  to  be 

1  ,        ,  p         .'        ',  1.1  held  accounta- 

accountable  tneretor,  in  the  same   manner,  and   to  the   same  bie  in  case, 
amount  as  if  this  act  had  not  been  made.     [June  10,  1808.]^ 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  establish  the  Nashua  Turn-   Chap,  4. 
pike  Corporation."  1807  ch.  50, 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  C"urt  assembled,  and  by  the  authority  of  the  same,  That 
the  Nashua  Turnpike  Corporation  be,  and  they  hereby  are  au- 
thorized and  empowered,  to  extend  the  said  Nashua  Turnpike 
through  the  northerly  part  of  Shirley,  northerly  part  of  Lunen- 
burg, northerly  part  of  Fitchburgh,  southerly  part  of  Ashby, 
and  northerly  part  of  Ashburnham,  to  the  line  of  New-Hamp- 
shire, near  Watatic  hill  ;  under  the  same  restrictions,  and  with 
the  same  powers  and  privileges  which  are  prescribed  in  the  Act 
to  which  this  is  in  addition.     [June  10,  1808.] 

An  Act  in  addition  to  an   Act,  entitled,  "An  Act  authorizing  a  Lottery  for  the    Chap,  5. 
purpose  of  completina  Hatfield  Bridge."  ,„^,.    ,    ,„„ 

*^  ,  1    TT  f  n  ■  ■       1306  ch.  168. 

BE  it  enacted  by  the  Seriate  and  House  of  Representatives,  tn 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
a  further  time  of  two  years,  from  and  after  the  passing  of  this  Further  time 
Act,  be  allowed  the  Managers  of  Hatfield  Bridge  Lottery,  to  gf^n^ed. 
raise  the  sum  in  and  by  the  act  to  which  this  is  an  addition,  al- 
lowed to  be  raised,  any  thing  therein  contained  to  the  contrary 
notwithstanding.     Provided  however.  That  nothing  herein  con- 
tained, shall  authorize  them  the  said  Managers  to  raise  a  lar-  Provisos, 
ger  sum  than  in  and  by  the  same  act  allowed  to   be  raised; 
And  provided  also,  That  the  said  Managers  be  and  continue 


184 


1808. 


Chap. 


Chap.  6. 


Persons  incor- 
poratsd* 


Qu£llifications 
necessary  to 
become  a 
member. 


In  case  of  leav- 
ing the  society. 


subject  to  the  same  requirements,  duties  and  obligations  as  they 
now  are  by  the  act  aforesaid. 

And  provided  o/so,  Tl  at  said  Managers,  previously  to  their 
issuing  another  class,  exhibit  to  the  Governor  and  Council  an 
account  of  their  s^les  of  tickets  and  expenses  of  said  Lottery, 
hitherto  incurred,  and  if  the  said  expenses  shall  appear  to  theme 
reasonable,  and  that  the  sum  of  ten  thousand  dollars  have  not 
as  ye{  been  raised,  as  in  the  aforesaid  act  provided.  [June  10, 
1808.] 

An  Act  to  incorporate  a  Baptist  Society  in  tlie  Town  of  Egremont. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Josiah  Curtis,  Joshua  Millard,  Joshua  Millard,  jun. 
Peter  L.  Bogerdus,  Peter  Millard,  Isaac  Olds,  Seth  Olds,  Jo- 
seph Jid,  Ahner  Skiff,  Ebenezer  Hatch,  Walter  Millard,  Al- 
born  Millard,  Herman  Millard,  Josiah  Millard,  David  Loomis, 
Ephraim  Winchell,  Joseph  Loomis,  Isaac  Rare,  Andrew  Win- 
chell,  Absalom  Winchell,  Isaac  Hotet,  Reuben  Wilson,  James 
Baldwin,  Amos  Winchell,  and  Lyman  Olds,  with  their  families 
and  estates,  together  with  such  others  as  may  hereafter  asso- 
ciate with  them  and  their  successors,  be,  and  they  arc  hereby 
incorporated  into  a  religious  society,  by  the  name  of  the  Bap- 
tist Society  in  Egremont,  in  the  county  of  Berkshire,  with  all 
the  powers  and  privileges  to  which  parishes  are  entitled  by 
the  constitution  and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  any  person  in  the  said 
town  of  Egremont,  who  may  desire  to  join  the  said  Baptist  So- 
ciety, and  declares  such  intention,  in  writing,  given  to  the  clerk 
of  said  society,  and  also  a  copy  of  the  same  given  to  the  clerk 
of  the  town  of  Egremont.  on  or  before  the  first  day  of  March, 
in  the  year  in  which  such  application  shall  be  made,  and  shall 
receive  a  certificate  signed  by  the  minister  or  clerk  of  the  said 
society,  that  he  or  she  has  actually  become  a  member  of,  and 
united  in  religious  worship  with  the  said  societjr,  such  person 
shall,  from  <he  date  of  such  certificate,  be  considered,  with  his 
or  her  polls  and  estates,  as  members  of  said  society. 

Sect.  3.  Be  it  further  enacted.  That  when  any  member  of 
the  said  Baptist  Society  shall  see  cause  to  leave  the  same,  and 
unite  in  religious  worship  with  any  other  religious  society  in 
the  said  town,  and  shall  give  notice  of  such  intention  in  writing, 
delivered  to  the  clerk  of  said  Baptist  Society,  and  shall  also 
deliver  a  copy  of  the  same  to  the  clerk  of  the  town,  and  pro- 
duce a  certificate  signed  by  the  minister  or  clerk  of  such  other 
society,  that  he  or  she  has  actually  become  a  member  of,  and 
united  in  religious  worship  with  such  other  society,  such  per- 
son, from  the  date  of  such  certificate,  with  his  or  her  polls  and 
estate,  shall  be  considered  as  members  of  said  society.  Pro- 
vided hoxoever,  That  in  every  such  case,  every  such  person 
shall  always  be  held  to  pay  his  or  her  proportion  of  all  parish 
or  society  charges,  assessed  and  not  paid  previous  to  leaving 
the  said  society,  and  being  received  into  another. 


1808. Chap.  6—7.  185 

Skct.  4.     Be  it  further  enacted,    That  any   Justice  of  the  Justice  author- 
Peace  for  the  county  of  Berkshire,  upon  application  therefor  i^f^^to 'ssu. 
is  hereby  authorized  to  issue  a  warrant  directed  to  some  mem-  ^''^"'^"  * 
ber  of  said  Baptist  Society,  requiring  him  to  notify  and  warn 
the  members   thereof,  to  meet  at  such  convenient  time   anH 
place  as  shall  be  appointed  in  said  warrant,  for  the  choice  of 
such  officers  as  pafishes  are  by  law  required  to  choose  at  their 
annual  parish  meetings.     [June  10,  1808.] 

An  Act  to  establish  the  Douglas,  Sutton  and  Oxford  Turnpike  Coiporation.  Chap.  7. 
Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  R^presen- 
iatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Paul  Dudley,  Jonathan  Holman,  Timothy  Crnggip,  Persons  incor- 
Benjamin  Wallis,  jun.  Samuel  VVallis,  Peter  VVallis,  David  P'^^'^^^^' 
Wallis,  William  Wallis,  Jonah  Titus,  Greenleaf  Briggs,  Josiah 
Thayer,  Isaac  Titus,  Lemuel  Dudley,  Amos  Rich.  John  Rich, 
Daniel  Hovey,  Samuel  Waters,  Reuben  M'Knight,  Jason  Wa- 
ters, Abraham  Howard,  Reuben  Waters,  Amos  Waters,  Judah 
Waters,  Bricket  Chase,  Francis  Putnam,  Joshua  Waters,  to- 
gether with  such  others  as  may  hereafter  associate  wiih  them, 
their  successors  or  assigns,  be,  and  they  are  hereby  made  a 
corporation  by  the  name  of  the  Douglas,  Sutton  and  Oxford 
Turnpike  Corporation,  for  the  purpose  of  making  a  turnpike 
road  from  the  congregational  meeting  house,  in  Douglas,  to 
Benjamin  Dudley's;  from  thence  to  Abraham  Brigg's,  in  said 
Douglas  ;  thence  to  Samuel  Rich's,  in  Sutton  ;  thence  in  the 
best  direction  to  the  county  road,  a  little  east  of  Jonathan 
Davis,  Esq's,  in  Oxford. 

Sect.  2.     Be  it  firiher  enacted,    That  Salem   Town,  John  Committee 
Spurr,  and  John  Farnum,  Esq'rs.  be,  and  they  hereby  are  ap-  appo'^^ted. 
pointed  a  Committee  (o  locate  the  said  road,  and    to  fix   and 
mark  the  same  in  the  course  before  described,  at  their  discre- 
tion ;  and  in  case  there  should  be  any  obstructions  from  build- 
ings, or  other  cause,  which  may  prevent  a  straight   line,  the 
said  committee  shall,  in  such  case,  have  power  to  vary  the  line 
so  as  to  avoid  such  obstruction.     And  the  said  committee  are  Empowered, 
hereby  empowered  to  assess  such  damages  as  any  individual 
may  sustain,  by  reason  of  laying  out  said  road,  when  the  cor- 
poration and  such  individual  cannot  agree.    And  when  the  said  To  make  re- 
committee  shall  have  completed  this  business,  the^  shall  make  ^"''"• 
return  to  the  next  Court  of  General  Sessions  of  the  Peace,  to 
be  holden  in  the  county  of  Worcester,  of  the  courses  and  dis- 
tances of  said  turni;ike  road,  and  of  the  damages  assessed,  the 
expense  for  all  which  services  of  the  said  committee,  shall  be 
paid  by  the  said  corporation. 

Sect.  3.  Be  it  further  enacted.  That  the  said  corporation 
shall,  in  other  respects,  have  all  the  powers  and  privileges, 
and  shall  be  subject  to  all  the  duties,  requirements  and  prnal- 
ties.,  prescribed  and  contained  in  an  Act,  entitled,  ''  An  Act  de-  i804ch.  125. 
fining  the  general  powers  and  duties  of  turnpike  cornorations" 
— passed  the  sixteenth  -lay  of  March,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  five,  and  any  act  in  addition 
thereto  which  has  already  been  passed.  [June  10,  1808.] 
VOL.  IV.  24 


186 


1808. 


Chap, 


Chap.  8. 

1797  ch.  45. 
(V.  2.  p.  193.) 


Proprietors 
meetings — how 
notified. 


Altered  by 
1817  ch.  56. 


Removal  of 
obstructioiii. 


1795  ch.  62. 


All  Act  ill  addition  to  an  Act,  entitled,  «'  An  Act  to  incorporate  the  Proprietors  of 
Mills  on  Charles  River. 

WHEREAS  it  is  provided  by  the  Act,  entitled,  "An  Act  to 
incorporate  the  Proprietors  of  Mills  on  Charles  River,"  that 
the  notification  of  Proprietors'  Meetings  shall  be  published  in 
the  Massachusetts  Mercury,  fourteen  days  before  said  Meet- 
ing, and  whereas  there  is  now  no  paper  printed  in  Boston,  un- 
der that  denomination  : — Therefore. 

Sect.  1.  Be  it  enacted  by  the  Seriate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  in  addition  to  the  other  provisions  necessary  for 
the  calling  legal  meetings  of  said  proprietors,  the  notification  of 
such  meeting  shall  in  future  be  published  in  the  Newspaper 
printed  in  Boston,  by  the  Printers  to  the  General  Court,  for 
the  time  being,  instead  of  the  Massachusetts  Mercury,  afore- 
said, fourteen  days  at  least  before  the  time  for  holding  said 
meetings,  and  at  such  meetings  it  shall  be  lawful  for  said  pro- 
prietors to  choose,  in  addition  to  the  officers  which  by  the  act 
aforesaid  they  have  now  the  right  to  choose  assessors,  collector 
or  collectors  of  taxes,  and  treasurer,  who  shall  be  sworn  to  the 
faithful  discharge  of  the  trust  reposed  in  them,  and  shall  continue 
to  serve  until  others  are  chosen  and  sworn  in  their  room,  which 
may  be  as  often  as  said  corporation  shall  judge  necessary ; 
which  officers  chosen  and  sworn  as  aforesaid,  shall  have  the 
same  power  to  perform,  execute  and  carry  into  effect,  any  vote 
or  order  of  the  said  corporation,  as  town  officers  of  like  de- 
scription have  by  law  to  do  and  perform  in  their  respective  of- 
fices. And  said  corporation  shall,  at  any  legal  meeting  called 
for  that  purpose,  have  power  to  vote  and  raise  monies  for  the 
purpose  of  removing  and  clearing  out  the  obstructions  in 
Charles  River,  at  and  above  the  upper  falls,  and  for  giving  a 
free  and  natural  course  to  the  waters  of  said  river,  and  all  mo- 
nies vvhich  maybe  voted  to  be  raised  as  aforesaid,  shall  be  as- 
sessed upon  each  proprietor  of  the  mills  aforesaid,  in  propor- 
tion to  the  value  of  his  property  in  said  mills,  and  the  benefits 
likely  to  be  received,  and  if  any  proprietor  shall  refuse  or  ne- 
glect to  pay  the  sum  or  sums  assessed  upon  him  or  her  as 
aforesaid,  after  sixty  days  notice,  so  much  of  said  proprietor's 
mill  or  mills,  mill  righls'^or  privileges  shall  be  sold  as  will  be 
sufficient  to  pay  the  same,  together  with  legal  cost,  in  the  same 
way  and  manneras  non-resident  proprietors'  lands  in  this  Com- 
monwealth are  sold  to  pay  town  taxes. 

Sect,  2.  And  be  it  further  enacted,  That  the  removing  and 
clearing  out  the  obstructions  aforesaid,  shall  be  done  and  per- 
formed under  the  immediate  direction  of  such  commissioners 
as  shall  be  appointed  by  the  Supreme  Judicial  Court,  in  the 
same  way  and  manner  as  commissioners  of  sewers  may  be  ap- 
pointed, agreeably  to  an  Act  of  the  Legislature  of  this  Com- 
monwealth, passed  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  ninety-six.  And  the  Supreme  Judicial  Court  are 
hereby  authorized  and  empowered,  upon  application  from  said 
corporation,  or  from  their  committee  which  may  be  appointed 
for  that  purpose,  to  appoint  not  less  than  three,  nor  more  than 


1808. Chap.  8—10.  187 

five  suitable  persons  to  be  commissioners  for  the  purpose  Commissioners 
aforesaid;  who  shall  be  sworn  to  the  faithful  discharge  of  the  p^^el'''^  ^"'" 
trust  reposed  in  them,  and  said  commissioners,  when  appointed 
and  sworn  as  aforesaid,  shall  carefully  attend  to,  and  inspect 
all  the  digging  and  removing  the  obstructions  in  said  Charles  ji^gji.  ^utv. 
River,  and  particularly  to  see  that  the  waters  shall  be  disposed 
of  in  such  way  and  manner  as  shall  least  injure  the  Proprietors 
of  the  mills  on  said  Charles  River,  and  those  on  Mill  Creek 
stream,  leading  into  Neponset  River;  and  also  shall  consider 
and  determine  upon  the  just  and  equal  proportion  of  water, 
which  shall  run  out  of  said  Charles  River  down  said  Mill  Creek 
stream,  for  the  accommodation  of  the  mills  on  that  stream, 
which  proportion  shall  be  determined  upon  according  to  the 
quantity  of  water  the  said  Charles  River  shall  aftbrd,  and  the 
privileges  the  Proprietors  of  mills  have  heretofore  enjoyed,  as 
well  on  said  Charles  River  as  on  Mill  Creek;  and  the  said 
commissioners  shall  fix  and  establish  such  permanent  bounda- 
ries in  said  Mill  Creek,  as  will  secure  the  proportion  of  water 
which  they  may  determine  shall  run  that  way. 

Sect.  3.  Be  it  furlhcr  enacted^  That  after  the  said  com  mis-  Penalty  for  re- 
sioners  shall  have  determined  and  fixed  the  permanent  boun-  moY'"S  '^°""" 
daries  in  said  Mill  Creek,  any  person  or  persons  who  shall  re- 
move or  cause  to  be  removed,  or  alter  the  said  permanent 
boundaries,  or  shall  be  aiding  and  abetting  therein,  except  by 
the  orders  of  said  commissioners,  shall  forfeit  and  pay  to  the 
said  corporation,  a  sum  not  exceeding  five  hundred  dollars,  to 
be  recovered  by  said  corporation  in  an  action  of  debt  brought 
before  any  Court  within  this  Commonwealth  competent  to  try 
the  same. 

Sect.  4.  Provided  always,  and  be  it  further  enacted,  That  Proviso. 
whenever  application  shall  be  made  to  the  Supreme  Judicial 
Court  for  the  appointment  of  commissioners,  in  virtue  of  the 
second  section  of  this  Act,  in  such  case  it  shall  be  the  duty  of 
said  Court  to  appoint  the  same  persons  who  have  been  ap- 
pointed commissioners  on  the  application  of  the  proprietors  of 
Charles  River  meadows,  if  any  such  commissioners  shall  at  the 
time  of  such  application  be  in  office.  [June  10,  1808.]  Fur- 
ther act — 1817  ch.  56. 

An  Act  to  incorporate  Ephraim  Perkins  antl  otiiers  iiUn  a  Relioimis  Society,  by  the    C/jOp.   10» 
name  of  Tlie  Proprietors  of  the  JNIeeting  House  in  the  First  Congregational  So- 
ciety in  Becket. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Ephraim  Perkins  and  others,  that  are  now  proprietors  in  Persons  incor- 
the  First  Congregational  Society  in  Becket,  in  the  county  of  ?°^^^^^- 
Berkshire,  and  all  others  who  may  hereafter  be  proprietors  of 
said  meeting  house,  be,  and  they  are  hereby  incorporated  and 
made  a  body  politic,  by  the  name  of  The  Proprietors  of  the 
Meeting  House  in  the  First  Congregational  Society  in  Becket, 
and  by  that  name  may  sue  and  be  sued,  and  shall  be  vested 
with  all  the  powers,  privileges  and  immunities  to  which  similar 
corporations  in  this  Commonwealth  are  entitled  by  law ;  and 
said  corporation  shall  be,  and  hereby  are  deemed  in  law  to  be 


188  1808. Chap.   10—11. 

seized  of  the  same  meeting  house,  with  all  the  privileges  and 
-appurtenances  thereto  belonging,  so  long  as  they  shall  ktep 
the  same  in  repair  and  hold  it  ready  for  the  use  of  the  afore- 
said First  Congregational  Society  in  Becket,  for  a  place  of  pub- 
lic worship. 
Empowered.  Sect.  2.     Be  it  further  enacted^  That  the  proprietors  of  said 

house  be,  and  they  hereby  are  authorized  and  empowered,  to 
raise  by  assessment  on  the  pews  and  seats  in  said  house,  (or 
such  parts  of  the  pews  and  seats  as  the  proprietors  shall  agree 
upon,)  such  sum  or  sums  of  money  for  keeping  said  house  in 
repair  and  managing  the  affairs  and  concerns  thereof,  as  they 
shall  agree  on  at  any  legal  meeting  called  for  that  purpose ; 
and  the  vsame  may  assess  or  cause  to  be  assessed,  upon  such 
pews  and  seats  as  the  proprietors  at  such  meeting  may  deem 
proper,  according  to  the  respective  valuation  made  there- 
of, and  recorded  in  the  proprietors'  book;  and  the  sums  so  as- 
sessed shall  be  paid  by  the  proprietors  of  such  pew  and  seat. 
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  said  corporation  shall  be  authorized  and  em- 
powered 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  the  front  door  of  said  house,  and 
by  publishing  the  same  in  one  newspaper  printed  in  said  county 
of  Berkshire,  fourteen  days  previous  to  the  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  treasu- 
rer shall  pay  the  surplus  (if  any  there  be)  to  such  delinquent 
proprietor. 
Justice  autlio-  Sect.  3.  Be  it  further  enacted,  That  any  justice  of  the  peace, 
rized  to  issue  in  said  county  of  Berkshire,  be,  and  he  is  hereby  empowered 
warrant.  (q  issue  his  warrant  to  some  principal  member  of  the  said  cor- 

poration, requiring  him  to  warn  the  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  treasu- 
rer, and  such  other  officers  as  the  proprietors  shall  judge  ne- 
cessary;  and  the  modei-ator  of  that  and  all  future  meetings,; 
shall  have  power  to  administer  the  oath  of  office  to  the  clerk, 
and  all  the  officers  there  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.  \_June  10, 
1808.] 

Chap.  11.        An  Act  establishing  a  corporation,  by  the  name  of  Tiie  Salem  Union-Street  Cor- 
poration. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Persons  incor-  ^^''''^^i  That  Samuel  Archer,  Robert  Stone,  jun.  Joseph  White, 
porated.  jun.  and  all  such  persons  as  may  hereafter  associate  with  them, 


1808. Chap.  11.  189 

their  successors  and  assigns,  being  citizens  of  the  United  States, 
shall  be,  and  hereby  are  constituted  a  body  politic  and  corpo- 
rate, by  the  name  of  The  Salem  Union  Street  Corporation  ; 
and  by  that  name  may  sue  and  be  sued,  plead  and  be  implead- 
ed, defend  and  be  defended  in  any  courts  of  record  or  in  any 
other  place  whatsoever;  and  shall  and  may  do  and  suffer  all 
matters,  acts  and  things  which  bodies  politic  ought  to  do  and 
suffer;  and  shall  have  power  to  make,  have  and  use  a  common 
seal,  and  the  same  again  at  pleasure  to  break,  alter  and  re- 
new ;  and  also  to  ordain,  establish  and  put  in  execution  such 
by-laws,  ordinances  and  regulations  as  to  them  shall  appear 
necessary  and  convenient  for  the  government  of  said  corpora- 
tion, and  for  the  prudent  management  of  their  property  H\\d 
affairs  ;  and  for  the  breach  of  such  by-laws,  ordinances  and  re- 
gulations may  order  fines  and  penalties  not  exceeding  ten  dol- 
lars for  every  breach.  Provided.  That  such  by-laws,  ordinan- 
ces and  regulations  shall  not  be  repugnant  to  the  laws  of  this 
Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation  Empowered, 
shall  be,  and  hereby  is  declared  capable  to  have,  hold  and  pos- 
sess any  lands,  tenements  or  hereditaments,  not  exceeding  forty 
thousand  dollars  in  value,  lying  in  the  town  of  Salem,  in  the 
county  of  Essex,  on  or  near  Union-street,  so  called,  and  be- 
tween Essex-street  and  Derby-street;  and  shall  have  power  to 
erect  any  brick  buildings  on  any  real  estate  owned  by  them  ; 
and  shall  have  power  to  grant,  sell  and  alien  in  fee  simple  or 
otherwise,  the  said  corporate  projierty  or  any  part  thereof,  and 
to  lease,  exchange,  manage  and  improve  the  same  according  to 
the  will  and  pleasure  of  the  proprietors,  or  the  major  part  of 
them  present,  at  any  legal  meeting  to  be  expressed  by  their 
votes  ;  and  the  rents,  profits  and  receipts  which  may  accrue 
from  the  improvements,  leasing  or  other  management  of  the 
corporate  property  aforesaid,  may  and  shall,  once  at  least  in 
every  year,  be  divided  among  the  proprietors  according  to 
their  respective  shares. 

Sect.  3.  Be  it  further  enacted,  That  said  proprietors  may,  Share&. 
at  any  legal  meeting,  agree  upon  the  number  of  shares  into 
which  said  estate  shall  be  divided,  not  exceeding  one  hundred  ; 
and  upon  the  form  of  certificates  to  be  given  to  individuals  of 
the  number  of  shares  by  them  respectively  held  ;  and  upon  the 
mode  and  conditions  of  transferring  the  same ;  which  shares 
shall  be  held  and  considered  as  personal  estate  to  all  intents 
and  purposes  whatsoever;  the  said  proprietors  shall  also  have 
power  to  assess  upon  each  share  such  suras  of  money  as  may 
be  deemed  necessary  for  repairing  and  erecting  walls  and 
brick  buildings  on  any  part  of  their  real  estate,  and  generally 
for  the  improvement  and  good  management  of  their  said  estate, 
agreeably  to  the  true  intent  of  this  Act;  and  to  sell  and  dis- 
pose of  the  same,  or  of  shares  of  any  delinquent  proprietor  for 
the  payment  of  assessments,  in  such  way  and  manner  as  said 
corporation  may,  by  their  rules  and  regulations,  determine  and 
agree  upon.  Provided  however,  That  the  value  of  buildings  Proviso, 
which  may  be  owned  by  the  said  corporation  at  any  one  time, 


190 


1808. 


Chap.  11—12. 


Property  of  in- 
dividuals of  the 
corporation 
liable. 


1804  ch.  83. 


Persons  autho- 
rized to  call 
meetings. 


Restrictions. 


Provisions  for 
altering, 
amending  or 
repealing  the 
act. 


Chap.  12. 

1803  ch.  91. 
(V.  3.  p.  328.) 
1806  ch.  94. 


shall  not  exceed  forty  thousand  dollars  in  value,  exclusive  ol' 
such  as  may  be  taken  as  security  for  debts. 

Sect.  4.  Be  it  further  enacted^  That  the  properly  of  every 
individual  member  of  said  corporation,  vested  in  said  corporate 
fund  or  estate,  shall  be  liable  to  attachment,  and  to  the  pay- 
ment of  his  just  debts  in  manner  prescribed  by  an  Act  entitled, 
"  An  Act  directing  the  mode  of  attachment  on  mesne  process, 
and  selling  by  execution  shares  of  debtors  in  incorporated 
companies,"  passed  the  eighth  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  five. 

Sect.  5.  Be  it  further  enacted,  That  Samuel  Archer,  Robert 
Stone,  jun.  and  Joseph  White,  jun.  or  any  two  of  them,  may 
call  the  first  meeting,  by  advertising  the  same  in  any  one  of  the 
public  newspapers  printed  in  Salem,  at  least  three  days  before 
the  time  of  meeting,  and  at  that  or  any  other  meeting  may  elect 
a  moderator,  president,  treasurer,  clerk,  secretary,  or  other  of- 
ficers, and  for  such  term  of  time,  not  exceeding  one  year,  as 
they  may  judge  fit,  and  the  same  at  pleasure  change  or  re- 
move ;  and  in  the  choice  of  officers,  or  oa  any  other  occasion, 
when  it  shall  be  required  by  a  majority  in  value  of  the  mem- 
bers 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  contained 
shall  be  deemed  or  construed  to  give  to  said  proprietors  any 
right  or  authority  to  take  or  appropriate  to  their  use,  the  land, 
right  or  privilege  of  any  person  or  persons  without  his  or  their 
consent,  and  by  a  legal  conveyance  thereof  from  such  person 
or  persons  to  the  said  corporation. 

Sect.  7.  Be  it  further  enacted,  That  after  the  expiration  of 
ten  years  the  Legislature  shall  have  power  to  alter,  amend  or 
repeal  this  act.  Provided  hozvever,  that  upon  such  repeal  all 
real  estate  then  belonging  to  said  corporation,  shall  be  vested 
in  such  persons  as  may  then  be  members  thereof,  and  their  re- 
spective heirs  and  assigns  as  tenants  in  common,  in  proportion 
and  according  to  the  number  of  shares  which  they  may  then 
hold.  And  provided  further.  That  the  said  proprietors,  notwith- 
standing such  repeal  by  the  Legislature,  shall  have  power,  in 
their  corporate  name  and  capacity  aforesaid,  to  sue  for,  recov- 
er and  divide  all  sums  of  money  and  debts  which  may  then  be 
thereto  due  and  unpaid.     [Jtine  10,  1808.] 

An  Act  in  addition  to  an  Act,  entitled  ''An  Act  to  incorporate  certain  persons  to 
lay  out  and  build  a  Turnpike  Road  and  Bridges,  from  the  Post  Office  near  the 
Great  Ponds,  in  the  town  of  MiHdleborough,  to  the  Braintree  and  Weymouth 
Tianpike,  leading  from  Weymouth  Landing  to  Queen  Ann's  corner,  in  Hing- 
ham." 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  proprietors  of  the  New-Bedford  and  Bridgewater 
Turnpike  Corporation,  may  erect  one  half  toll  gate  in  addition 
to  the  gates  already  allowed  them,  and  may  also,  if  they  see 
fit,  divide  one  or  both  of  the  gates  heretofore  allowed  them  by 
law,  into  half  toll  gates. 


1808. Chap.  12—15.  191 

Sect.  2.  Be  it  further  enacted,  That  if  any  person  with  a 
team,  cattle,  horse  or  horses,  turn  out  of  said  road  to  pass  any 
of  the  turnpike  gates  aforesaid,  with  an  intent  to  avoid  any  toll 
established  as  aforesaid,  such  person  shall  forfeit  and  pay  a  pj^^  ^^^  ^^^^ 
fine  not  exceeding  three  dollars,  nor  less  than  one  dollar,  to  be  ding  toll, 
recovered  by  the  treasurer  of  said  corporation  to  their  use,  in 
an  action  on  the  case.  Provided,  that  the  Legislature  may  at 
any  time  hereafter  repeal  or  alter  this  act,  as  it  may  see  cause. 
[Ju7ie  10,  1808.] 

An  Act  to  set  off  Samuel  Spofford,  with  his  dwelling-house  and  adjoining  land,  ChdV*  13. 
from  the  town  of  Rowley,  and  annex  the  same  to  the  town  of  Boxford. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Samuel  Spofford,  with  that  part  of  his  dwelling  house  situate  in 
Rowley,  and  also  all  the  land  lying  on  the  southwardly  and 
westwardly  side  of  the  following  lines,  viz.  beginning  at  a  stake 
and  stones  in  the  line  between  the  towns  of  Rowley  and  Box- 
ford  ;  from  thence  running  south  thirty-four  degrees  east, 
eighteen  rods  and  fifteen  links  ;  thence  running  south  nineteen 
degrees  east,  nineteen  rods  and  nine  links ;  from  thence  run- 
ning south  five  degrees  west,  two  rods  and  twelve  links,  to  Sa- 
lem road ;  from  thence  running  south-eastwardly,  and  on  the 
north-eastwardly  side  of  Salem  road,  about  thirty-seven  rods, 
to  the  line  between  Rowley  and  Boxford,  be,  and  hereby  are 
annexed  to  the  tov/n  of  Boxford,  in  the  county  of  Essex.  Pro- 
vided, That  the  said  Samuel  Spofford  be  held  to  pay  all  the 
taxes  that  have  been  assessed  on  him  in  the  town  of  Rowley, 
together  with  his  proportion  of  all  sums  that  have  been  voted 
to  be  raised,  and  are  now  unassessed  in  Rowley.  [Jtme  10, 
1808.] 

An  Act  to  set  off  Thomas  Woodberry,  jun.  and  others,  from  the  first  parish  in  Chap,  14^ 
Beverly,  and  to  annex  them  to  the  third  Congregational  society  in  said  Beverly. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  asse)nbled,  and  by  the  authority  of  the  same,  That 
Thomas  Woodberry,  jun.  Benjamin  G.  Bridges,  George  Ogil- 
vie,  Samuel  Haskell,  Ingalls  Kitteridge,  Israel  Green,  William 
Claxton,  Robert  H:iskell,  jun.  John  Cavendish,  Judith  Blyth, 
Leman  Herrick,  Nabby  Larcom,  Joseph  Whittridge,  and  Luke 
Elliott,  of  Beverly,  in  the  county  of  Essex,  with  their  polls,  fa- 
milies and  estates,  be,  and  hereby  are  set  off  from  the  first  pa- 
rish and  annexed  to  the  third  Congregational  society  in  said 
Beverly.  Provided  nevertheless.  That  each  person  shall  be  held 
to  pay  all  taxes  legally  assessed  on  them  by  the  said  first  pa- 
rish prior  to  this  date.     [June  10,  1803.] 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  to  inco/porate  Aaron  Davis  and  Chap.  15, 
others,  by  the  name  of  the  Worcester  Turnpike  Corporation,"  passed  the  seventh  jgfli;  ^j,  g,' 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  six. 

WHEREAS  doubts  have  arisen  whether  the  Committee  na- 
med and  appointed  in  and  by  an  Act  entitled  "  An  Act  to  in- 
corpor^'.e  Aa)-on  Davis  and  others,  by  the  name  of  the  Wor- 
cester Ti;rjipike  Corporation,"  are  therein  authorized  and  em- 
powered to  do  and  perform  the  several  duties  therein  contem- 


1805  ch.  67. 
Preamble. 


192 


1808. 


Chap.  15. 


Powers  of  the 
committee. 


Doings  confir- 
med. 


plated,  and  to  make  a  return  of  their  doings  to  the  several 
Courts  of  Common  Pleas  in  the  counties  through  which  said 
road  is  located  ;  and  whether  said  several  Courts  of  Common 
Pleas  are,  in  and  by  said  Act  to  which  this  is  in  addition,  au- 
thorized, empowered  and  directed  to  receive,  accept,  allow  and 
record  the  reports  and  returns  of  the  doings  of  said  committee, 
so  as  to  be  binding  on  all  parties,  and  effectual  in  law  to  ena- 
ble said  corporation  to  accomplish  the  objects  of  their  institu- 
tion : — For  the  removal  whereof, 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  said  committee  named  and  appointed  in  and  bj  said 
Act  to  which  this  is  in  addition,  be,  and  they  hereby  are  au-* 
thorized  and  invested  with  full  power  to  do  and  perform  all 
and  singular  the  several  duties  assigned  to  them,  and  contem- 
plated to  be  done  in  and  by  said  Act  to  which  this  is  in  addi- 
tion, so  as  to  enable  said  corporation  to  effect  the  object  of  its 
institution,  and  all  the  acts  and  doings  of  said  committee  here- 
tofore done,  or  which  may  hereafter  be  done  in  pursuance,  and 
by  virtue  of  said  Act  to  which  this  is  in  addition,  shall  be  as 
valid  and  as  effectual  in  law,  and  as  binding  on  all  persons  and 
parties,  to  all  intents  and  purposes,  as  the  doings  of  any  com- 
mittee legally  appointed  by  any  Court  of  Sessions  or  General 
Sessions  of  the  Peace,  within  the  several  counties  through  which 
said  road  is  located,  for  any  of  the  same  purposes,  or  for  the 
purposes  of  layins;  out  public  highways  might  or  could  have 
been,  any  law  or  custom  to  the  contrary  notwithstanding. 

Sect.  2.  Be  it  further  enacted,  That  whenever  said  commit- 
tee, named  and  appointed  in  and  by  said  Act  to  which  this  is 
in  addition,  shall  have  finished  any  of  the  duties  assigned  them 
in  any  county,  through  which  said  road  is  located,  they  shall 
make  a  return  thereof  to  the  next  Court  of  Common  Pleas  to 
be  holden  in  such  county;  and  the  several  Courts  of  Common 
Pleas  in  the  several  counties  through  which  said  road  passes, 
are  hereby  authorized,  empowered  and  directed  to  receive,  ac- 
cept, allow  and  record  the  several  returns  and  reports  of  the 
the  doings  of  the  said  committee  to  them  made, and  to  makeup 
judgment  and  issue  execution  accordin^^iy,  grantins;  however, 
and  saving  to  all  persons  and  parties,  who  think  themselves 
aggrieved  by  the  doinL:;s  of  said  committee,  the  right  of  claim- 
ing and  prosecuting;  appeals  from  the  doings  of  said  committee, 
to  be  heard  and  tried  by  a  jury  of  said  several  Courts  of  Com-^ 
mon  Pleas,  in  the  same  manner  as  is  provided  and  allowed  by 
law  for  claiming  and  prosecuting  appeals  from  the  reports, 
awards  and  doings  of  conmittees  appointed  by  the  Courts  of 
Sessions  or  Genera!  Sessions  of  the  Peace,  for  laying  out  pub- 
lic highways;  and  provided  that  s^id  commitiee  make  report 
of  the  location  of  said  road,  and  of  the  damages  assessed  with- 
in six  months. 

Sect.  3.  Jlnd  be  it  further  enacted.  That  all  the  doings  of  said 

Former  doings  corporation  and  their  accents,  horetororp  done,  or   wlilch   may 

hereafter  be  done,  in  pursuance  and  by  virtue  of  said  Act  to 


Committee  to 
make  return. 


Persons  ag- 
grieved. 


confirmed. 


1808. Chap.  15—16.  193 

which  this  is  in  addition,  or  in  pursuance  and  by  virtue  of  the 
doings  of  said  committee  therein  appointed,-  sliall  be,  and  here- 
by are  declared  and  made  valid  and  effectual  in  law  to  all  in- 
tents and  purposes,  as  if  this  Act  and  the  powers  herein  speci- 
fied, declared  and  given,  had  been  contained,  given  and  con- 
firmed in  said  original  act  to  which  this  is  in  addition,  any  law, 
usage  or  cus'om  to  the  contrary  notwithstanding.  [June  10, 
1808.]     Add.  act— 1808  ch.  71. 

All  Act  in  addition  to  an  Act,  entitled  "An  Act  for  incoiporating  ceituiii  persons  ^h(tp.  lb. 
for  the  purpose  of  building  a  B  idge  over  (Connecticut  River,  between  the  towns  l^!Oi  ch,  79. 
of  Springfield  and  West  Springfield,  and  for  supporting  the  same."  (V.  3  p.  100.) 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  from  and  after  the  passing  of  this  Act,  so  much  of  the 
fourth  section  of  an  Act,  entitled  "  An  Act  for  incorporating 
certain  persons  for  the  purpose  of  building  a  Bridge  over  Con- 
necticut River,  between  the  towns  of  Springfield  and  West 
Springfield,  and  for  supporting  the  same,"'  as  relates  to  the  rate  Rate  of  toll  al- 
of  toll  thereby  granted  and  established,  be,  and  hereby  is  re- 
repealed,  and  that  there  be  granted  and  established  the  follow- 
ing rates  of  toll  for  the  sole  use  of  the  proprietors  of  said  bridge, 

.  •         r  ir  .L^f  ui  J    Rate  of  toll  esr 

to  wit :  for  each  foot  passenger  three  cents  ;  lor  each  norse  and  taWished, 
rider  seven  cents ;  for  each  horse  and  chaise,  chair  or  sulkcy 
sixteen  cents ;  for  each  coach,  chariot,  phaeton  or  other  four 
wheel  carriage  for  passengers,  if  drawn  })y  two  horses,  thirty- 
three  cents;  for  each  additional  horse  six  cents;  for  each  cur- 
ricle, or  other  two  wheel  carriage  for  passengers,  drawn  by 
more  than  one  horse  twenty-five  "cents  ;  for  each  sleigh  drawn 
by  one  horse  ten  cents  ;  if  by  two  horses,  twelve  cents  and  five 
mills;  and  for  each  additional  horse  three  cents  ;  for  each  cart, 
sled  or  other  carriage  of  burthen  drawn  by  one  beast  ten  cents ; 
if  drawn  by  tAvo  beasts  sixteen  cents  ;  and  if  by  more  and  not 
exceeding  four  beasts  twenty  cents  ;  and  for  each  additional 
beast  four  cents  ;  for  each  horse,  ass  or  mule  without  a  rider, 
and  for  neat  cattle,  each  four  cents  ;  for  sheep  and  swine  one 
cent  each  ;  and  one  person  and  no  more  shall  be  allowed  to 
each  team  to  pass  free  of  toll.  Provided  nevertheless.  That  the  Proviso, 
toll  to  be  received  for  teams  drawn  by  not  more  than  four 
beasts  with  carriages  of  burthen,  carrying  loads  not  exceeding 
thirty  hundred  weight,  belonging  to  the  inhabitants  of  either  of 
the  towns  of  Springfield  or  West  Springfield,  passing  said  bridge 
for  transporting  the  produce  of  the  lands  of  such  inhabi.'ants 
from  their  lands  to  their  dwelling  place,  or  passing  to  cultivate 
said  lands,  shall  be  only  twelve  cents  and  five  mills. 

Sect.  2.  Be  it  further  enacted.  That  no  team  shall  pass   said 
bridge  with  loads  exceeding  forty-five  hundred  weight. 

Sect.  3.   Be  it  further  enacted,  That  said  corporation  may,  if  Corporatioa 
they  see  cause,  commute  the  rates  of  toll  with   any   person   or  [J^toii"""""^ 
persons,  by  taking  of  him  or  them  a  certain  less  sum  in  lieu  of. 
the  toll  aforesaid.     [June   10,   1808.]     See  act— 1815  ch.  7.; 
1818  ch  107. 

VOL,  IV.  25 


194 


1808. 


Chap.  17. 


Chap.  17. 

1807  ch.  13, 


This  Corpora- 
lion  to  erect 
mills. 


Liable  for 
damases. 


Are  holden  to 
provide  a  pass- 
age for  vessels. 


Penalty  for 
neglect. 


Conditions  on 
which  lands 
may  be  pur- 
chased. 


An  Act  in  addition  to  an  Act,  entitled  "An  Act  to  incorporate  Joseph  Newell,- 
Ebenezer  Niles,  Abner  Gardner  and  others,  for  the  purpose  of  building  a  bridge 
across  Mill  Creek. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  proprietors  of  Commercial  Point  Bridge  Corporation, 
be,  and  they  are  hereby  authorized  to  build  a  Mill  dam  instead 
of  a  bridge,  over  Mill  Creek,  so  called,  in  Dorchester,  and  to 
open  and  make  a  road  from  the  road  leading  from  Neponset 
Bridge,  on  the  westerly  side  of  Blackbird  swamp,  so  called, 
over  said  Mill  dam,  to  Preston's  gate,  so  called  ;  and  also  a 
bridge  and  road  from  the  last  mentioned  road,  over  Back  War- 
wick Creek,  so  called,  to  the  road  leading  over  the  present 
Mill  dam,  which  road  shall  not  be  less  than  forty  feet  in  width ; 
and  may  purchase  real  estate,  not  exceeding  thirty  thousand 
dollars  in  value  ;  and  may  erect  mills  and  other  buildings  there- 
on ;  and  may  hold,  sell,  exchange  and  dispose  of  their  real  es- 
tate at  pleasure  ;  and  for  such  purposes  may  make  such  con- 
tracts as  they  may  think  expedient. 

Sect.  2.  Be  it  further  enacted,  That  said  Corporation  shall 
erect,  and  forever  keep  in  repair,  one  or  more  gristmills  on 
said  dam,  or  its  waters ;  and  that  nothing  in  this  Act  shall  be 
so  construed  as  to  prevent  any  person  or  Corporation  who 
shall  be  injured  in  his  or  their  other  property  by  the  erecting 
of  said  dam,  from  maintaining  an  action  against  said  Corpora- 
tion, for  recovering  damages  sustained  by  means  of  said  dam. 

Sect.  3.  Be  it  further  enacted,  That  said  Corporation  shall 
be  holden  to  make  a  lock,  sluice  or  gates,  twenty-seven  feet  in 
Avidth,  in  the  clear,  over  the  channel,  in  said  dam,  so  that  ves- 
sels of  one  hundred  tons  burthen  may  pass  and  repass ;  and 
whenever  they  are  requested  by  any  person  or  persons  who 
wish  to  pass  with  his  or  their  vessel  or  vessels,  shall  open  said 
passage  when  the  waters  will  permit  the  same  to  pass ;  and 
for  this  purpose,  shall  appoint  an  Agent,  and  in  case  said  agent 
refuse  or  unreasonably  neglect  to  open  said  passage  as  afore- 
said, then  the  Corporation  shall  forfeit  and  pay  to  the  person 
or  persons  requesting  the  same  to  be  opened,  double  the 
amount  of  the  damage  v/hich  such  person  or  persons  shall  sus- 
tain by  means  of  said  agents  neglecting  or  refusing  to  open  the 
passage  as  aforesaid. 

Sect.  4.  Be  it  further  enacted.  That  said  Corporation  may 
purchase  and  hold  any  land  over  wj^ich  they  may  make  said 
road,  and  shall  be  holden  to  pay  all  damages  which  shall  arise 
to  any  person  by  taking  his  land  for  their  use,  or  for  any  road  ; 
and  when  they  cannot  be  settled  by  mutual  agreement,  shall 
be  estimated  by  a  committee  to  be  appointed  by  the  Court  of 
General  Sessions  of  the  Peace,  reserving  to  either  party  the 
right  of  trial  by  jury,  according  to  the  law  which  makes  pro- 
vision for  the  recovery  of  damages  sustained  by  laying  out 
highways. 

Sect.  5.  Be  it  further  enacted,  That  when  said  dam,  bridge 
and  roads  are  completed  as  aforesaid,  the  Corporation  shall  re- 
ceive three  hundred  dollars,  as  voted  by  the  town  of  Dorches- 


1808. 


Chap.  17—22. 


19i 


Estate  of  Cor- 
poration liable. 


ter,  provided  the  same  be  completed  within  five  years  from 
the  passing  of  this  Act,  and  the  town  of  Dorchester  shall  be  at 
no  further  expense  on  account  of  said  roads,  until  they  are  ac- 
cepted by  the  town. 

Sect.  6.  Be  it  further  enacted,  That  the  stock,  property 
and  estate  of  said  Corporation  be  divided  into  shares,  which  Shares, 
shall  be  personal  estate ;  and  said  shares  shall  be  transferable 
by  deed  acknowledged  before  a  Justice  of  the  Peace,  and  re- 
corded by  the  clerk  of  said  Corporation  ;  and  said  Proprietors 
may  make  assessments  on  said  shares,  and  after  fourteen  days 
notice  to  the  Stockholder,  may  sell  at  auction,  his  or  her  share 
or  shares  to  pay  the  assessment  or  assessments  due  thereon,  * 
and  necessary  charges. 

Sect.  7.  Be  it  further  enacted,  That  the  real  estate  of  said 
Corporation,  shall  be  liable  for  the  debts  of  said  Corporation, 
and  shall  be  liable  to  attachment  and  execution  in  the  same 
manner  as  other  real  estate,  and  the  Corporation  shall  have 
the  right  of  redeeming  the  same.  And  when  any  share  or 
shares  of  any  individual  member  of  said  Corporation  shall  be 
attached  on  mesne  process,  or  taken  on  execution,  a  certified 
copy  of  the  process  at  the  time  of  attachment  or  taking  on  exe- 
cution, shall  be  left  with  the  Clerk  of  said  Corporation,  other- 
wise such  attachment  or  taking  shall  be  invalid,  and  such  share 
or  shares  may  be  sold  on  execution  in  the  same  way  and  man- 
ner as  is  or  mray  be  provided  by  law  for  making  sale  of  per- 
sonal estate  on  execution.  And  the  officer  making  sale,  the 
judgment  creditor  or  the  vendee,  leaving  a  copy  of  the  execu- 
tion and  the  officers  return  thereon,  with  the  Clerk  of  said 
Corporation,  within  fourteen  days  after  such  sale,  and  paying 
for  recording  the  same,  shall  be  deemed  and  taken  as  a  com- 
plete transfer  of  such  share  or  shares  therein. 

Sect.  8.  Be  it  further  enacted,  That  henceforth  said  Cor- 
poration be  denominated  and  called  Dorchester  Mill  Corpo- 
ration ;  and  that  Joseph  Newell,  Ebenezer  Niles  and  Abner 
Gardner,  or  any  two  of  them,  are  hereby  authorized  to  call 
the  first  meeting  of  said  Proprietors,  in  such  manner  and  at 
such  time  and  place  as  they  shall  think  expedient.  And  said 
Proprietors,  by  a  vote  of  those  present,  or  represented  by 
written  proxies,  (provided  no  Proprietor  have  more  than  ten 
votes,)  shall  choose  a  Clerk,  who  shall  be  sworn  io  the  faithful 
discharge  of  his  duty,  and  may  choose  such  other  officers  as 
they  shall  think  necessary  for  the  due  regulation  and  govern- 
ment of  said  Corporation,  and  may  agree  upon  the  method  of 
calling  future  meetings.     [June  10,  1808.] 

An  Act  to  alter  the  Names  of  certain  persons  therein  named.  (Jhapt  22» 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  of  this  Act,  Samuel  Knapp,  of  Ha- 
verhill, in  the  County  of  Essex,  Gentleman,  be  allowed  to  take 
the  name  of  Samuel  Lorenzo  Knapp ;  and  that  Samuel  Fales, 
of  Boston,  in  the  County  of  Suffolk,  Trader,  son  of  Nehemiah 
Fales,  late  of  Dedham,  in  the  County  of  Norfolk,  Yeoman,  de- 


Denomination. 


Clerk. 


196  1808. Chap.  22—30. 

ceased,  be  allowed  to  take  the  name  of  SamuelWhiling  Falesj 
John  Blake,  of  Bosion,  in  the  County  of  Suffolk,  Merchant,  be 
allowed  to  take  the  name  of  John  H.  Blake ;  that  S;imuei 
Burling,  of  Boston,  aforesaid.  Merchant,  be  allowed  to  take  the 
name  of  Samuel  Curson  :  and  said  persons  shall,  in  future,  be 
respectively  known  and  called  by  the  names  which  they  are 
respectively  allowed  to  take  as  aforesaid,  and  the  same  shall 
be  considered  as  their  only  proper  names  to  all  intents  and 
purposes.     [Jnne  10,  1808.] 

Chap.  23.  An  Act  to  change  the  name  of  Samuel  M.  Buraside,  of  Chailestown,  in  the  County 
of  Middlesex,  and  to  render  valid  the  doings  of  said  Samuel,  under  the  name  of 
Samuel  M.  Buinside. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
Act  o7/th   ^     General  Court  assembled,  and  by  the  authority  of  the  same.  That 
March,  1809.     Samuel  M.  Bumside,  of  Charlestown,  in  the  County  of  Middle- 
sex, shall  be  allowed  to  take  the  name  of  Samuel  M.  Burnside, 
and  that  in  future  he  he  known  by  the  same,  as  his  only  legal 
and  proper  name,  and   that  all  the  acts   which   heretofore  "he 
may  have  done,  and   performed,  by  the  name  of  Samuel  M. 
,  Burnside  be  and  hereby  are  ratified   and  confirmed  as  far  as 

respects  the  use  of  said  name.     [jYov.  17,  1808.] 

Chap,   24.  -^"   -^CT  to  change  the  Name  of  Harris  Tnckerman. 

BE  it  enacted  by  the   Senate  and   House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  passing  of  this   act,  Harris  Tuckerman,  of 
/  Boston,  in  the  County  of  Suffolk.  Merchant,  be  allowed  to  take 

the  name  of  Henry  H.  Tuckerman  ;  and  said  Tuckerman  shall 
in  future  be  known  and  called  by  the  name  he  is  hereby  al- 
lowed to  take  as  aforesaid,  and  the  same  shall  be  considered 
his  proper  name  to  all  intents  and  purposes.     [Kov.  17,  1808.] 

Chap.  29.        An  Act  in  addition  to   the  several  arts    conrerning    Franklin   Academy,  in  the 
1803  ch.  27.  "°''''^  parish  of  Andover,  in  the  County  of  Essex, 

(V.  3,  p.  220.)  BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  passing  of  this  act  the  number  of  the  Trus- 
tees of  "  Franklin  Academy"  in  the  north  parish  of  Andover, 
shall  be  thirteen,  and  said  Trustees  at  their  next  annual  meet- 
ing shall  have  power  to  elect  and  appoint  three  Trustees  in 
addition  to  tl^  present  number  of  ten,  so  that  the  whole  num- 
ber of  the  board  of  Trustees  for  the  said  Franklin  Academy 
shall  hereafter  be  Thirteen.     [Frb.  18.  1809.] 

Chap.  30.        An  Act  in   finthpr  adriition  to  an  Act,  entitled,   "  An   Act  to  establish   a   cor- 
18(»3ch.98.  pr'i-ation  l)y  the  name  of  the  Union  Turnpike   Corporation."  ' 

iso/ch^'i?^^*'  ^^  '^  enacted  by  the  Senate  and  House  of  Representatives,  in 
(V.  3.  p.  614.)  General^  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  Union  Turnpike  Corporation,  be  and  they  are  hereby  au- 
thorized to  alter  the  location  of  the  Union  Turnpike  Road 
from  where  it  begins,  at  the  end  of  the  Fifth  Massachusetts 
Turnpike,  to  the  House  of  Joel  Crosby  in  Leominster  in  such 
manner  as  to  lay  it  out  on  the  present  travelled  County  road, 


1808. Chap.  32—34.  197 

any  thing  in  s^id  act  to  the  contrary  notwithstandinsj.  [Feb. 
18.1809.]  Further  acts— 1809  ch.  124:  1818  ch.  82:  1819 
ch.  80. 

An  Act   to  establish  the  line  of  jurisdiction  between  the  towns  of  Blanford  and   Chttpt  32. 

Russell,  in  the  County  of  Hampshire. 

BE  it  enacted  by  the  Senate  and  Hmise  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  Th?it 
the  line  of  Jurisdiction  between  the  towns  of  Blanford  and  Rus- 
sell in  future  be  as  follows,  to  wit:  Beginning  at  a  Birch  tree, 
with  stones  about  it,  on  Granville  corner,  and  from  thence  rur- 
ning  in  a  strait  line  North,  sixteen  det^rees,  fifty  one  minutes 
East,  by  the  magnetic  needle,  nineteen  hundred  and  forty  rods 
to  a  Beech  Tree,  marked  on  the  East  and  West  side,  with  a  . 
great  number  of  marks  and  letters,  and  from  said  tree  North, 
twenty  ei^ht  degrees,  forty  one  minutes  East,  to  Westfield  river, 
the  Corner  of  said  town  of  Russel.     [Feb.  22,    1809.] 

An  Act  making  a  further  alteration  in  the  Toll  of  Essex  Merrimack  Bridge.        (Thap,  33. 

WHEREAS   the   proprietors    of  Essex   Merrimack  Bridge  JJ^Vp  336) 
have  represented  to  this  Court  that  they  have  lately  expended  17^2  ch.  3. 35. 
large  sums  of  money,  in   repairing  and   rebuilding:  a  part  of  (V- '•  p  370. 
said  Bridge,  and  have  prayed   that  further  provision   may  be  1795  ^j,^  49^ 
naade  to  indemnify  and  compensate  them  ;  Preamble. 

Be  il  enacted  by  the  Senate  ayid  House  of  Representatives,  in 
Geiieml  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  tirst  day  of  April  next,  the  proprietors  of 
Essex  Merrimack  Bridge,  shall  be  authorized  to  demand  and 
receive  as  Toll  for  passing  said  Bridge,  for  each  Horse  and  Rates  of  Toll, 
rider,  five  cents,  and  for  each  additional  rider,  one  cent,  for 
each  Coach,  Chariot,  Phaeton,  or  other  four  wheel  carriage 
for  the  conveyance  of  passengers,  drawn  by  two  beasts,  twenty 
seven  cents,  and  for  each  additional  beast  three  cents,  and  (hat 
from  and  after  the  said  first  day  of  April  next,  the  rates  of  toll 
heretofore  established  by  law,  for  each  horse  and  rider,  and 
the  said  carriages,  in  this  act  mentioned,  shall  be,  and  hereby 
are  repealed.      [Fe6.  22,  1809.]     Further  act— 1813  ch.  103. 

An  Act  to  establish  the  line  of  jurisdiction  between  the  towns  of  Blandford  and   Chap,  34. 
Chester,  in  the  County  of  Hampshire. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  line  of  jurisdiction  between  the  towns  of  Blandford  and  Boundaries. 
Chester,  in  future  shall  be  as  follows,  viz.  Beginning  at  a  large 
heap  of  stones,  with  trees  marked,  facing  towards  them;  said 
heap  of  stones  is  East,  seventeen  degrees  thirty  six  minutes 
south,  forty  two  rods  distant  from  a  beech  tree  in  the  line  be- 
tween Blandford  and  Becket,  marked  with  various  ancient 
marks ;  which  heap  of  stones  is  the  corner  of  the  town  of 
Chester,  and  on  the  line  of  Blandford;  thence  from  said  heap 
of  stones  East,  seventeen  degrees  thirty  six  minutes  South,  two 
thousand  and  seventeen  rods  to  the  East  side  of  Westfield 
river,    [Feb.  22,  1809.]    Amended  1810  ch.  2, 


198 

Chap.  35. 


1808. 


Chap.  S5--40. 


Chap.   37. 

27  G.  II. 


Powers, 


Meetings. 


Officers  to  be 
chosen. 


Chap.  40. 


An  Act  to  incorporate  the  Bistrict  of  Leyden,  in  the  county  of  Hampshire,  into 
a  town  by  the  name  of  Leyden. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  District  of  Leyden,  in  the  County  of  Hamp- 
shire, be,  and  hereby  is  made  and  constituted  a  town,  by  the 
name  of  Leyden ;  and  the  said  town  is  hereby  vested  with  all 
the  powers  and  privileges,  and  shall  also  be  subject  to  all  the 
duties  and  requirements  of  other  towns,  according  to  the  Con- 
stitution and  Laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  the  said  town  of  Ley- 
den shall  bear  its  proportion  of  the  pay  of  Representatives, 
heretofore  chosen,  in  the  same  manner  as  if  this  act  had  not 
passed.     [Feb.  22,  1809.] 

An  Act  in  addition  to  an  Act  entitled  "  An  act  to  incorporate  William   Starkey 
and  others,  by  the  name  of  The  Marine  Society." 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatiroes,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  Marine  Society,  incorporated  by  an  act  passed 
the  twenty-fifth  day  of  January,  One  thousand  seven  hundred 
and  hfty  four,  entitled,  "  An  act  to  incorporate  William  Stark- 
ey and  others,  by  the  name  of  the  Marine  Society,"  shall  here- 
after be  called  and  known  by  the  name  of  The  Boston  Ma- 
rine Society ;  and  by  that  name  shall  institute  and  defend  all 
suits  that  may  be  brought  for  or  against  them ;  and  said  socie- 
ty are  hereby  authorized  to  make  purchases,  and  to  receive 
donations  of  real  and  personal  estate,  for  the  purposes  ex- 
pressed in  the  act  to  which  this  is  in  addition ;  the  clear  in- 
come of  which,  shall  not  at  any  time,  exceed  the  sum  of  ten 
thousand  dollars  per  annum,  and  to  manage  and  dispose  of  said 
estate,  as  the  said  society  shall  see  fit. 

Sect.  2.  Be  it  further  enacted,  That  so  much  of  the  said 
act  as  relates  to  the  monthy  meetings  of  said  society,  be,  and 
hereby  is  repealed  ;  and  that  said  society  shall  be,  and  hereby 
are  empowered  to  hold  such  meetings  of  said  society  as  they, 
by  their  by-laws,  shall  in  future  establish  and  appoint. 

Sect.  3.  Be  it  further  enacted.  That  instead  of  Master, 
Deputy-Master,  Treasurer  and  Clerk,  the  said  society  shall 
hereafter  at  their  meetings,  to  be  holden  on  the  first  Tuesday  in 
November,  annually,  choose  a  President,  Vice  President, 
Treasurer,  Secretary,  and  all  other  officers  which  they  shall 
think  proper,  for  the  management  and  benefit  of  said  society. 
And  all  instruments  which  said  society  shall  make  pursuant  to 
the  votes  thereof,  at  any  regular  meeting,  shall  be  signed  by 
the  President,  or,  in  his  absence,  by  the  Vice-President,  coun- 
tersigned by  the  Secretary  or  Treasurer,  and  sealed  by  their 
common  seal ;  which,  when  delivered,  shall  be  binding  on  said 
society,  and  be  valid  in  law.     [Feb.  23,  1 809.] 

An  Act  to  incorporate  Sbubael  Bell  and  others  info  a  society  by  the  name  of  the 
Charitable  Irish  Society. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  Gentral  Court  assembUd^  and  by  the  authority  of  the 


1808. Chap.  40—43.  199 

jrame,  That  Simon  Elliot,  Shubael  Bell,  Andrew  Dunlap,  John  Persons  incor- 
Magner,  and  John  Gillis,  and  their  associates,  together  with  P""^"^  • 
such  others  as  may  be  admitted  members  of  said  association, 
be  and  they  hereby  are  incorporated  into  a  society  by  the 
name  of  The  Charitable  Irish  Society^  with  power  to  have  and 
use  a  common  seal,  to  make  contracts  relative  to  the  Charitable 
funds  of  said  society,  to  sue  and  be  sued,  to  establish  by-laws 
and  orders  for  the  regulation  of  said  society,  and  the  preser- 
vation and  application  of  the  funds  thereof.  Provided  the  same  Provisa. 
be  not  repugnant  to  the  Constitution  and  Laws  of  this  Common- 
wealth ;  and  to  take,  hold  and  possess  any  estate,  real  or  per- 
sonal, by  subscription,  gift,  grant,  purchase,  devise,  or  other- 
wise, and  the  same  to  improve,  lease,  exchange,  or  sell  and 
convey  for  the  sole  benefit  of  said  Institution.  Provided  the 
value  of  the  real  and  personal  estate  of  said  society  shall  nev- 
er in  the  whole  exceed  Twenty  thousand  dollars. 

Sect.  2.  Be  it  further  enacted,  That  the  said  society  shall 
meet  annually  on  the  seventeenth  day  of  March,  in  Boston,  T"'"'^  °^  ™^^'* 
(unless  the  same  should  fall  upon  a  Sunday,  in  which  case  the 
annual  meeting  shall  always  be  holden  on  the  day  succeeding) 
for  the  purpose  of  electing  by  ballot  from  their  members,  a 
President,  Vice-President,  Treasurer,  and  such  other  officers 
as  may  be  necessary  to  manage  their  concerns,  all  which  offi- 
cers shall  hold  their  said  offices  for  one  year,  and  until  others 
shall  be  elected  to  succeed  them.  Upon  any  urgent  occasion, 
the  President,  or  Vice-President,  or  in  their  absence  the  Trea- 
surer, may  appoint  a  special  meeting  of  said  society,  said 
meetings  to  be  notified  in  two  newspapers  in  said  town,  five 
days  at  least  before  holding  the  same.  Provided  nevertheless,  Proviso. 
That  this  act  of  incorporation,  shall  be  determinable  at  the 
pleasure  of  the  Legislature.     [Feb.  23,  1809.] 

An  Act  in   addition  to  an  Act,  entitled,   "  An  act  to  authorize  John  Wood,  to    Qhap*  42» 
build  a  mill-dam,  with  a  passageway  across  Aponneganset  River,  in   the  town 
of  Dartmouth,"  passed  the  sixth  day  of  February,  one  thousand,  eight  hundred    ^806  ch.  30« 
and  seven. 

Sect.  1 .  BE  it  enacted,  hy  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of 
the  same.  That  John  Wood,  be,  and  he  is  hereby  authorized 
to  enlarge  his  Mill-Pond,  by  extending  his  dam  from  the  east 
side  Oi"  said  Wood's  pass-way,  in  the  old  dam,  down  Aponnegan- 
set river,  south  by  east,  until  the  southerly  point  of  the  marsh 
owned  by  Mary  Akin,  on  the  north  west  side  of  Garrison 
Cretk.  so  called,  bears  east  north  east,  and  from  thence  to  run 
the  said  dam  to  the  point  of  said  Akin's  marsh :  Provided  how- 
ever. That  the  said  John  Wood  shall  not  build  the  said  dam 
in  such  direction,  as  to  prevent  or  obstruct  the  free  passage  of 
any  vessel  or  craft  up  or  down  the  said  Aponneganset  river,  or 
so  cs  to  cross  over  or  interfere  with  the  channel  of  the  said 
Garrison  Creek.     [Feb.  23,  1809.] 

Ad  Aof  to  inccrpoiate  the  District  of  Tyngsborough,  in  the  county  of  Middlesex,   Chdp,  43. 
in  1.0  a  tc'vr  bv  the  nsme  of  Tyngst^orough.  * 

P.E  if  enacltd  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled^  and  by  th&  authority  of  the  same,  That 


200  1808. Chap.  43—45. 

the  District  of  Tyngsboroucrh,  in  the  county  of  Middlesex,  he^ 
and  it  is  hereby  made  and  constituted  a  town  by  the  name  of 
Tyngsborough ;  and  the  said  town  is  hereby  vested  with  all 
the  powers  and  privileges,  and  shall  also  be  subject  to  the 
duties  and  requirements  to  which  other  towns  are  entitled  and 
subjected,  acrordinj?  to  the  Constitution  and  Laws  of  this  Com- 
monwealth :  and  the  said  town  of  Tynsrsborough  shall  bear 
its  proportion  of  the  pay  of  Representatives  heretofore  chosen 
in  like  manner  as  if  this  act  had  not  passed.     [Fe6.  23,  1809.] 

Chap.  44.       ^"  Act  to  setoff  certain  land,  from  the  town  of  Charlton,  and  to  annex  it  to  the 
■*  *  town  of  Oxford. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^ 
in  General  Court  assembled^  and  by  the  authority  of  the  same, 
That  a  tract  of  land  containing  about  twenty  six  acres,  belong- 
ing to  Amasa  Kingsbury,  shall  be  taken  from  the  town  of 
Charlton,  in  the  county  o.  Worcester,  and  the  same  is  here- 
by annexed  to  the  town  of  Oxford,  in  the  same  county,  bound- 
ed as  follows,  viz.  Beginning  at  the  Northeast  corner  of  land 
of  Sarah  M' In  tire ;  thence  running  Westwardly,  by  the  land 
of  s;iid  M'Tntire,  thirty  eight  rods,  to  land  of  Elihu  Moffit; 
thence  Northwardly,  by  land  of  said  Moffit,  one  hundred  and 
twelve  rods,  to  a  heap  of  stones  ;  thence  Eastwardly,  by  land 
of  said  Moffit,  to  the  old  town  line  of  Oxford  ;  thence  South- 
wardly, on  the  said  old  town  line,  one  hundred  and  twelve 
rods,  to  the  first  mentioned  bounds.  Provided  nevertheless, 
That  the  said  Amasa  Kingsbury  shall  be  held  to  pay  all  taxes 
already  legally  assessed  on  him  by  the  said  town  of  Charlton. 
[Feb.  23,  1  809.] 

Chap*  45.       ^^  ^^"^  *o  incorporate  a  Baptist  Society  in   the  towns  of  Barnstable  and  Yar- 
mouth. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Gorham  Lovel,  Ichabod  Lumbard,  Daniel  Baxter, 
Richard  Lewis,  Lemuel  Lewis,  Joshua  Hawes,  Timothy  Ba- 
ker, Anthony  Chase,  David  Baxter,  jun.  Prince  Bearse,  jun. 
poratcd.  "'*^"'^"  Robert  Phinney,  Solomon  Crowel,  Josiah  Linnel,  Zenas  Gage, 
David  Bearse,  Jesse  Bearse,  William  Scudder,  Nathaniel  Snow, 
Simeon  Freeman,  Eleazer  Scudder,  Polly  Scudder,  Joseph 
Gage,  Gershom  Bearse,  Moses  H.  Bearse,  Lemuel  Lumbard, 
Solomon  Lumbard,  David  Hamlin,  James  Lovel,  Sally  Baxter, 
Obed  Baxter,  Henry  Hallet,  Levi  Linnel,  Joshua  Hallet,  Jes- 
se Lewis,  Levi  Bearse,  David  Hallet,  Waller  Baxter.  Peter 
Norris,  jun.  Timothy  Hope,  James  Bearse,  jun.  Daniel  Basset, 
Jonathan  Snow,  Ellis  Norris,  Samuel  Snow,  Isaac  Baxter,  Ed- 
ward Bearse,  Christopher  Lovel,  Daniel  Lovel,  Mary  Ewer, 
Joseph  Hallet,  jun.  Solomon  Stewart,  Zacheus  Hamlin,  George 
Lewis,  Joseph  Berry,  Jabez  Bacon,  Silvanus  Simons,  John  C- 
Keller,  Joseph  Kelly,  Doane  Snow,  Thomas  D.  Scudder,  An- 
sel Baxter,  Hezekiah  Lumbard,  John  Gallison,  Richard  Hal- 
let, Joshua  Hamlin,  jun.  Nathaniel  Bacon,  jun.  John  Robbins, 
Nathaniel  Hallet,  Jonathan  Hallet,  Thomas  Cobb,  Thomas 
Bearse,  David  Lathrop,  John  Crowel,  Nathan  Baker,  Eleazer 


1808. Chap.  45*  201 

Baker,  Brixter  Bragg,  Barnabas  Baxter,  Obed  Bearse,  Ezra  Eld- 
ridge,  Hiram  Baker,JudahBearse,Enocli  Berry,  Roland  Hallet, 
jun.  Benjamin  Hallet,  James  Lewis,  Samuel  Peak,  Tliaddeus 
Brown,  AVarren  Hallet,  Joseph  Bearse,  Ulysses  Baker,  Peter 
Norris,  Timothy  Hamlin,  Peter  Coleman,  Owen  Bacon,  John 
Sturgis,  jun.  Alexander  Baxter,  Asa  Bearse,  Isaac  Bearse,  jun« 
Joseph  Bassett,  Daniel  Hallet,  Edward  Hallet,  Samuel  Holmes, 
Elisha  Holmes,'  Peter  Cammet,  Lemuel  Thomas,  Jcdediah 
Lumbard,  Nathan  Thomas,  Samuel  Hallet,  Davis  Chase,  John 
Thompson,  Samuel  Bearse,  Thomas  Norris,  Anthony  Chase, 
jun.  Abner  W.  Lovel,  with  their  families  and  estates ;  together 
with  such  others  as  may  hereafter  associate  with  them,  and 
their  successors,  be  and  they  are  hereby  incorporated  into  a 
religious  society  by  the  name  of  The  first  Baptist  Society  in  Empowered. 
Barnstable  and  Yarmouth,  with  all  the  powers  and  privileges 
to  which  parishes  are  entitled  by  the  Constitution  and  Laws 
of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  when  any  person  be- 
longing to  either  of  the  towns  of  Barnstable  or  Yarmouth,  who 
may  desire  to  join  with,  and   become   a  member  of  the    said  „     .    •  •- 

T>*^-o-*'iiiii  1-  •  ••  1        How  to  jom 

baptist  Society,  shall  declare  such  intention  in  writing  to  the  the  society. 
Clerk  of  said  Society,  fifteen  days  at  least,  previous  to  the 
annual  meeting  of  said  Society,  and  shall  receive  a  certificate 
signed  by  the  Minister  or  Clerk  of  said  Society,  that  he  or 
she  has  actually  united  with  and  become  a  member  of  said 
Society,  and  shall  also  leave  an  attested  copy  of  such  certifi- 
cate, under  the  hand  of  the  said  Clerk,  with  the  Parish  or 
Society  Clerk,  to  w^hich  he  or  she  did  belong,  on  or  before 
the  first  day  of  March   then  next  ensuing,  such  person  from  * 

the  date  of  such  certificate  shall  be  considered  a  member  of 
said  Baptist  Society,  with  his  or  her  polls  and  estate,  and 
shall  be  exempted  from  all  future  taxation  for  the  support  of 
publick  worship,  in  the  Parish  or  Society  which  such  person 
has  left  as  aforesaid  :  Provided  hozcever,  That  such  person  shall  Proviso, 
be  held  to  pay  his  or  her  proportion  of  all  money  assessed 
in  said  society,  to  which  such  person  formerly  belonged. 
Sect.  3.     Be  it  further  enacted.  That  when  any  member  of 

said  Baptist  Society  shall  desire  to  leave  the  same  and  to  join  „ 

,r  ,•<  ,  o-,-,i  *'•      How  to  leave 

in  religious   worship  with  any  other  Society  m   the  town  in  the  society. 

which  such  person  may  live,  and  shall  give  notice  of  such 
intention,  to  the  Clerk  of  such  other  Society,  fifteen  days  at 
least,  previous  to  the  annual  meeting  of  such  Society,  and 
shall  receive  a  certificate  signed  by  the  Clerk  thereof,  and 
shall  also  leave  an  attested  copy  of  such  certificate  signed  by 
said  Clerk,  with  the  Clerk  of  said  Society,  he  or  she  did  be- 
long to,  on  or  before  the  first  day  of  March  then  next  ensuing, 
such  person  shall  be  considered  a  member  of  such  Society,  he 
or  she  may  so  join,  with  his  and  her  polls  and  estates,  and 
shall  be  exempted  from  all  future  taxes  for  the  support  of  pub- 
lic worship  in  the  society  he  or  she  has  left  as  aforesaid. 
Sect.   4.     Be  it  further   enacted,    That  any  Justice  of  the 

VOL.  IV.  36 


202 


J  808. 


Chap.  45—47. 


Justice  to  issue 
warrant. 


Chap.  47. 


Trustees  ap- 
pointed. 


Annual  meet- 
ing. 


Treasurer  to 
cive  bonds. 


Clerk's  duty. 


Peace  for  the  county  of  Barnstable,  is  hereby  authorized  upon 
application  in  writing  of  ten  or  more  members  of  the  said 
Baptist  Society,  to  issue  his  warrant  directed  to  some  member 
of  said  Society,  requiring  him  to  notify  and  warn  the  mem- 
bers thereof,  to  meet  at  such  convenient  time  and  place  as 
shall  be  appointed  in  said  warrant,  for  the  choice  of  such  of- 
ficers as  parishes  are  authorized  by  law  to  choose  at  their  an- 
nual meetings,  and  for  such  other  purposes  as  may  be  contain- 
ed in  said  warrant.     {Feb.  23,  1809.] 

An  Act  to  incorpemte  certain  persons  as  Trustees,  to  improve  and  manage  a 
Fund  towards  the  support  of  Schools,  in  the  north-westerly  parish  in  the  town  of 
Boxford, 

Sect.  1.  BE  U  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Lemuel  Wood,  Ebenezer  Peabody,  John  Kimball,  Israel 
Foster,  John  Tyler,  Isaac  Barker,  and  Samuel  Spofford,  living 
in  the  second,  or  north-westerly  parish  in  the  town  of  Boxford, 
be,  and  they  hereby  are  appointed  Trustees,  to  receive,  hold, 
manage  and  improve,  all  the  lands,  buildings,  and  estate,  de- 
vised by  the  last  Will  and  Testament  of  Sarah  Chadwick,  late 
of  Boxford,  in  the  County  of  Essex,  widow,  deceased,  to  the 
use  and  support  of  Schools,  within,  and  for  the  benefit  of  that 
part  of  the  inhabitants  of  said  Boxford,  Hving  within  the  said 
second,  or  north-westerly  parish,  including  the  fifth  and  sixth 
School  Districts  within  said  town  of  Boxford,  according  to  the 
purposes  of  said  devise  ;  and  shall  constitute  a  body  politic 
and  corporate,  to  have  perpetual  succession,  for  the  due  and 
faithful  management  of  said  trust,  and  shall  be  vested  with  all 
the  powers  incident  to  corporations,  necessary  and  requisite 
for  that  purpose. 

Sect.  2.  Be  it  further  enacted.  That  the  trustees  before 
mentioned,  and  their  successors,  shall  for  ever  hereafter  hold 
a  meeting  in  said  parish,  in  the  month  of  April  annually,  the 
time  and  place  of  said  meeting  to  be  notified  by  the  major 
part  of  the  trustees,  by  posting  an  advertisement  thereof  in 
some  public  place  in  said  parish,  seven  days  at  least  before 
the  time  of  said  meeting ;  at  such  meeting,  the  major  part  of 
the  trustees  being  present,  shall  annually  choose  a  Treasurer, 
who  shall  be  an  inhabitant  of  said  parish,  with  whom  the  mo- 
ney constituting  the  funds  may  be  deposited,  and  who  shall, 
under  the  control,  and  by  the  orders  of  the  trustees,  or  the  ma- 
jor part  of  them,  receive  in,  deliver  over,  and  pay  out,  such 
estate,  property,  and  securities,  as  may  be  entrusted  to  his 
care.  And  the  person,  so  chosen  and  accepting  the  trust,  shall 
give  bond,  if  required,  for  the  faithful  performance  of  his  duty ; 
and  the  major  part  of  the  trustees,  at  such  meetings,  are  also 
empowered  to  choose  a  Clerk  annually,  who  shall  be  an  in- 
habitant of  said  parish,  and  shall  be  duly  sworn  to  record  the 
doings  and  proceedings  of  the  trustees  ;  and  the  said  trustees 
are  further  empowered,  at  any  of  their  meetings,  called  in 
manner  aforesaid,  to  fill  up  all  vacancies,  occasioned  by  the 
death,  resignation,  or  removal,  of  any  of  the  trustees  out  of  said 


1 808. Chap.  47—48.  203 

parish,  and  no  person  shall  be  elected  a  trustee  unless  he  be  at 
the  time  an  inhabitant  of  said  parish. 

Sect.  3.  Be  it  further  enacted,  That  the  Trustees  before- 
mentioned,  and  their  successors  in  office,  be,  and  hereby  are  _ 
invested  with  sufficient  power  to  receive,  improve,  and  manage,  powered. 
all  future  subscriptions,  grants,  and  donations,  that  may  here- 
after be  made  for  the  support  of  schools,  to  the  benefit  of  that 
part  of  the  inhabitants  of  said  Boxford,  within  the  districts  and 
parish  aforesaid  ;  and  to  make  such  by-laws  and  regulations 
respecting  the  schools  supported  by  the  said  fvnids  as  may 
be  necessary  for  the  well  ordering  the  afiairs  thereof,  which 
shall  be  binding  upon  the  inhabitants  of  said  districts  and  pa- 
rish, if  not  repugnant  to  the  Constitution  and  laws  of  this  Com- 
monwealth ;  Provided,  the  subscriptions,  grants,  and  donations,  Proviso, 
in  addition  to  the  estate  devised  by  the  aforesaid  Sarah  Chad- 
wick,  shall  not  in  personal  estate  exceed  the  sum  of  eight 
thousand  dollars,  and  real  estate  not  exceeding  the  value  of 
five  thousand  dollars  ;  and  may  place  the  money  under  their 
care  at  interest  on  good  security  at  their  discretion ;  and  may 
improve,  manage,  and  lease  the  real  estate,  and  apply  the  in- 
come and  profits  arising  therefrom,  or  any  part  thereof,  an- 
nually, towards  the  support  of  schools  for  the  benefit  of  the  in- 
habitants of  said  districts  and  parish  within  the  town  of  Box- 
ford,  but  shall  not  in  any  case  lessen  or  expend  any  part  of  the 
principal,  or  capital  stock  of  said  funds. 

Sect.  4.  Be  it  further  enacted,  That  the  Trustees  or  the 
major  part  of  them,  be,  and  hereby  are  impowered  annually, 
and  whenever  they  think  proper,  to  call  a  meeting  of  the  in- 
habitants of  the  aforesaid  parish  and  districts,  giving  at  least 
seven  days  public  notice  of  the  time,  place,  and  purposes,  of  Jo  call  meet- 
such  meeting,  by  posting  a  notification  thereof  in  some  public 
place  in  said  parish  ;  and  at  the  request  of  ten  of  the  said  in- 
habitants, shall  in  manner  aforesaid,  call  a  meeting  of  the  said 
inhabitants  duly  qualified  to  vote  in  town  affairs,  for  the  pur- 
pose of  giving  directions  reki/tive  to  the  appropriation  of  the  in- 
come of  said  funds ;  the  doings  of  the  said  inhabitants  at  such 
meetings  to  be  recorded  by  the  clerk  appointed  by  the  Trus- 
tees;  and  at  such  meetings  the  Trustees  shall  lay  before  the 
said  inhabitants  an  account  of  their  proceedings,  and  the  state 
of  the  funds.     [Feb.  27,  1809.] 

An  Act  to  incorporate  sundry  persons  into  a  company  by  the  name  of  The  Boyls-    Chap»  48. 
ton  Market  Association. 

Sect.  1.  BE  it  cnacledby  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  John  Quincy  Adams,  Arnold  Welles,  Josiah  Knapp,  David  porated 
Townsend,  Daniel  Baxter,  Thomas  Williams,  Stephen  Thayer, 
Ralph  Inman  Reed,  and  Joseph  C.  Dyer,  together  with  such 
other  persons  as  have  associated,  or  may  hereafter  associate 
with  them  for  the  purposes  hereinafter  mentioned,  while  they 
shall  be  proprietors  therein,  shall  be  a  corporation  and  body 
politic  under  the  name  of  The  Boylston  Market  Association  : 
and  by  that  name  shall  be  capable  in  Law  to  sue  and  be  sued. 


Persons  incor- 


204 


1808. 


Chap.  48. 


To  hold  real 
estate. 

Proviso. 


General  pow. 
ers  and  choice 
of  Directors. 


Proviso, 


Vacancies 
iilled. 


Directors  em- 
nowered. 


plead  and  be  impleaded,  defend  and  be  defended,  in  all  courts 
of  rerord,  or  other  courts  or  places  whatsoever;  to  have  and  to 
use  a  common  seal,  and  the  same  to  break,  alter  and  renew  at 
pleasure. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Corporation 
shall  have  power  to  purchase,  take  and  hold  any  real  estate 
necessary  or  proper  for  the  purpose  of  their  institution  :  Pro- 
vided, That  such  real  estate  shall  not  exceed  at  any  one  time 
One  hundred  thousand  dollars  in  vilue.  And  all  such  real  es- 
tate shall  be  deemod  and  considered  to  all  intents  and  purposes 
as  personal  estate,  and  as  such,  with  the  other  interest  and 
estate  in  such  propriety,  shall  be  transferable  by  such  mode 
of  transfer  as  the  directors  of  said  Corporation  shall  agree  on 
and  determine:  Provided,  'J'hat  the  transfer  shall  be  in  writing, 
and  recorded  by  the  Clerk  in  the  book  or  books  of  the  Corpo- 
ration. 

Sect.  3.  Be  it  further  enacted.  That  the  property,  affairs, 
and  concerns  of  the  said  corporation,  shall  be  managed  and 
conducted  by  five  directors,  one  of  whom  shall  be  president 
thereof,  who  shall  hold  their  offices  during  one  year,  and  until 
others  are  chosen  ;  and  who  shall  at  the  times  of  their  election 
be  proprietors  in  said  corporation,  and  shall  be  elected  on  the 
first  Monday  of  February  in  each  and  every  year,  at  such 
time  and  place,  in  the  town  of  Boston,  as  the  directors  for  the 
time  being  shall  appoint,  of  which  election  public  notice  shall 
be  given  in  two  of  the  newspapers  printed  in  the  town  of  Bos- 
ton, within  ten  days  immediately  preceding  such  election  ;  and 
the  election  shall  be  made  by  ballot  by  a  majority  of  the  votes 
of  the  stockholders  present,  and  the  number  of  votes  to  which 
each  stockholder  shall  be  entitled,  shall  be  according  to  the 
number  of  shares  which  he  or  she  may  hold,  in  the  following 
proportions:  That  is  to  say,  for  one  share  one  vote,  and  every 
two  shares  above  one  shall  give  a  right  to  one  vote  more:  Pro- 
vided, no  one  member  shall  have  more  than  ten  votes  ;  and  ab- 
sent members  may  vote  by  proxy,  being  authorized  in  writing. 
And  if  through  any  unavoidable  accident,  the  said  directors 
should  not  be  chosen  on  the  first  Monday  of  February  as  afore- 
said, it  shall  be  lawful  to  choose  them  on  any  other  day,  in  the 
manner  herein  prescribed. 

Sect.  4.  Be  it  further  enacted,  That  the  directors,  or  a  ma- 
jor part  of  them,  shall  meet  as  soon  as  may  be  after  every  elec- 
tion, and  shall  choose  out  of  their  body  one  person  to  be  pre- 
sident, who  shall  preside  for  one  j^ear ;  and  in  case  of  the 
death,  resignation,  or  inability  to  serve  of  the  president,  or  so 
many  of  the  directors  as  that  the  remaining  number  would  be 
insufficient  to  constitute  a  board  competent  for  the*  transaction 
of  business,  such  vacancy  or  vacancies  shall  be  filled  for  the 
residue  of  the  year  in  which  they  may  happen,  by  a  special 
election  for  that  purpose,  to  be  held  in  the  same  manner  as 
herein  before  directed. 

Sect.  5.  Be  it  further  enacted.  That  the  president  and  two 
of  the  directors,  or  three  of  the  directors  in  the  absence  of  the 
president,  shall  be  a  board  competent  for  the  transaction  of 


1808. Chap.  48.  205 

business ;  and  all  questions  before  them  shall  be  decided  by  a 
majoriiy  of  votes ;  and  they  shall  have  power  to  ordain,  es- 
tablish, and  put  in  execution,  such  by-laws  and  regulations,  as 
to  them  shall  appear  needful  and  proper,  touching  the  manage- 
ment of  the  affairs  of  the  said  corporation,  and  to  make  and 
execute  contracts  and  leases  by  instruments  signed  by  the  pre- 
sident or  any  other  person  specially  appointed  for  that  pur- 
pose, and  shall  also  have  power  to  appoint  a  treasurer  and 
a  clerk,  and  such  other  oificer  and  officers  as  may  be  necessary 
for  the  objects  of  the  institution.  And  it  shall  be  the  duty  of  Clerk's  duty, 
the  clerk  fairly  and  truly  to  enter  and  record,  in  a  book  or 
books  to  be  provided  and  kept  for  that  purpose,  this  act,  and 
all  rules,  by-laws,  votes  and  proceedings  of  the  said  corpora- 
tion, which  book  and  books  shall  at  all  times  be  subject  to  the 
inspection  of  any  person  appointed  for  that  purpose  by  the  Le- 
gislature :  Provided,  that  such  by-laws  and  regulations  shall  Proviso, 
not  be  repugnant  to  the  Constitution  or  Laws  of  this  Common- 
wealth. 

Sect.  G.  Be  it  further  enacted,  That  to  give  effectual  sanc- 
tion to  the  said  by-laws,  the  said  directors  are  hereby  empow-  Fines, 
ered  to  enjoin  fines,  for  the  non-fulfilment  or  breach  of  the 
same,  not  exceeding  thirty  dollars,  for  any  one  breach,  and 
that  for  the  recovery  thereof,  the  said  Corporation  shall  have 
a  suitable  remedy  by  action  at  law,  in  any  court  of  law  within 
this  Commonwealth,  proper  to  tr}'^  the  same. 

Sect.  7.     Be  it  further  enacted,  That  the  said  directors  are 
hereby  authorized  to  levy  such  assessments  on  the  proprie-  Assessments 
tors  of  the  shares   in   said   Corporation,  which  may  be  neces-  to  build  a 
sary  for  purchasing  the  land,  erecting  the  building,  and  defray-  market, 
ing  the  charges  incident  thereto,  for   the  purpose  of  a  Market, 
with  a  Hall   over  the  same,  and  such  apartments   as  may  be 
convenient  or  necessary :  Provided,  That  not  more  than  one  Proviso, 
hundred  dollars  shall  be  assessed  on  each  share;  and  thnt  the 
said  assessments  shall   be  made  payable  conformably   to  the 
subscriptions  of  tjie  said  associates,  to  the  terms  proposed  by 
the  said  Ralph  Inman  Reed,   and  Joseph  C.  Dyer; — and  on 
the  neglect  or  refusal  of  any   proprietor  to  pay  such  assess- 
ment, the  said  directors  are  further  authorized   to  sell  at    pub-  f 
lie  vendue  so  many  of  his  or  their  shares  as  will   be  sufficient 
to  pay  such  assessments,  with   necessary  intervening  charges, 
first  advertising  the  sale  of  such  share  or  shares  in  two  of  the 
newspapers  printed  in  Boston,  at  least  ten   days    previous  to 
such  sale — and  the  overplus  monies  (if  any  there  may  be)  aris- 
ing from  such  sale,  shall  be  paid  to  the  owner  or  owners  of 
the  share  or  shares  so  sold. 

Sect.  8.  Be  it  further  enacted.  That  the  Legislature  may 
at  any  time  hereafter,  upon  due  notice  to  said  Corporation, 
make  such  further  provisions  and  regulations  for  the  manage- 
ment of  the  said  Corporation  and  the  government  thereof,  as 
shall  be  deemed  expedient. 

Sect.  9.     Be  it  further  enacted,  That   the  persons  herein  be-  Meeting  to  be 
forenamed  or  any  three  of  them  are  hereby  authorized  to  call  called. 
a  meeting  of  the  proprietors  of  said  Corporation,  for  the  choice 


206 


1808. 


Chap.  48—50. 


Chap.  49. 

1805  ch.  58. 
1807  ch.  93. 


Preamble. 


Chap.  50. 


Persons  incor- 
porated. 


For  what  pur- 
pose. 


of  the  first  board  of  directors,  as  soon  as  may  be  after  the  pass- 
ing of  this  act,  at  such  time  and  place  as  they  may  see  fit,  by 
advertising  the  same  in  two  of  the  newspapers  printed  in  Bos- 
ton, within  ten  days  immediately  preceding  such  choice.  [Fc6. 
27,  1809.J 

An  Act  confirming  the  laying  out  the  road  of  the  Housalonick  Turnpike  Corpora- 
tion, at  and  near  the  line  of  the  State  of  New- York. 

WHEREAS  by  an  act  passed  on  the  eighth  day  of  March 
last  past,  the  Housatonick  Turnpike  Corporation  were  author- 
ized to  make  alterations  in  the  laying  out  of  their  road,  upon  a 
certain  condition  expressed  in  these  words,  that  is  to  say, 
"  Provided  notwithstanding,  that  nothing  in  this  act,  shall  be 
construed  to  authorize  the  said  corporation  or  committee  to  alter 
the  location  of  the  said  road  at  either  extremity  of  the  same." 
Whereas  the  Committee  upon  viewing  the  said  road  did  con- 
ceive it  proper  that  the  same  should  terminate  at  the  extremity 
thereof  where  the  same  intersects  the  line  of  the  State  of  New- 
York,  a  few  rods  south  of  the  place  where,  upon  the  said  line,  it 
had  formerly  terminated  by  a  previous  location  thereof.  And 
the  said  committee  did  thereupon  report  to  the  Court  of  Ses- 
sions for  the  county  of  Berkshire  the  said  alteration,  and  the 
said  report  was  by  the  said  court  accepted : 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  alteration  in  the  location  of  the  Housatonick 
Turnpike  Road,  at  and  near  the  line  of  the  State  of  New- York, 
and  the  acceptance  thereof  by  the  Court  of  Sessions  for  the 
county  of  Berkshire,  be  and  the  same  hereby  is  confirmed  and 
established,  to  all  intents  and  purposes,  as  if  the  said  recited 
condition  had  not  been  in  the  act  aforesaid.  {Feb.  27,  1809.] 
Further  acts— 1810  ch.  67  :   1816  ch.  34  :   1820  ch.  5. 

An  Act  l()  incorporate  Benjamin  Dparborn  and  others  into  a  society  by  the  name 
and  style  of  The  Massachusetts  Association  for  the  encouragement  of  useful 
inventions. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Benjamin  Dearborn,  Jacob  Welsh,  William  Cool- 
idge,  George  Odiorne,  George  G.  Lee,  Jacob  Perkins,  Simon 
Willard,  John  Eveleth,  Joshua  Witherlee,  John  Fairbanks,  Jo- 
siah  Loring,  David  Cobb,  and  their  associates,  with  such  other 
persons  as  may  be  elected  members  of  said  association,  be  and 
they  are  hereby  formed  into  a  body  politic  and  corporate  by 
the  name  of  the  Massachusetts  Association  for  the  encourage- 
ment of  useful  inventions,  for  the  purpose  of  promoting  and  en- 
couraging new  and  useful  mechanical  inventions,  by  premiums 
and  medals,  establishing  a  private  Cabinet  for  depositing  the 
first  outlines  of  new  inventions,  and  a  public  Cabinet  of  Models 
and  descriptions,  and  that  they  and  their  successors,  shall  be, 
and  continue  a  body  politic  and  corporate  by  the  same  name 
forever.  Provided  nevertheless,  That  the  Legislature  may  dis- 
solve said  corporation  whenever  its  continuance  shall  be  found 
prejudicial  to  this  Commonwealth. 


1 808. Chap.  50—5 1 .  207 


• 


Sect.  2.  Be  it  further  enacted^  That  the  said  association 
shall  meet  on  the  first  Thursday  of  June,  annually,  for  the 
choice  of  officers,  at  which  time  they  may  elect  a  president, 
one  or  more  vice-presidents,  secretaries,  and  such  other  officers 
as  they  shall  judge  necessary  or  expedient,  and  they  shall  have  Powers  of  oflt- 
full  power  and  authority  from  time  to  time  to  determine  the  "'^^* 
names,  number,  and  duties  of  their  several  officers,  and  the 
tenure  or  estate  they  shall  respectively  have  in  their  offices, 
Provided  the  same  be  not  repugnant  to  the  Laws  of  this  Com- 
monwealth ;  and  the  said  annual  meeting  shall  be  held  in  the 
town  of  Boston,  unless  sickness  or  some  other  cause  renders  it 
hazardous,  and  the  time  and  place  of  said  meeting  shall  be  no- 
tified in  some  one  or  more  of  the  Boston  newspapers,  at  least 
seven  days  previous  thereto.  All  the  officers  elected  at  said 
meeting,  shall  hold  their  offices  for  one  year,  and  until  others 
shall  be  elected  to  succeed  them.  Provided  notzoithstanding,  Proviso, 
That  said  association  may  remove  any  of  their  officers  for  mal- 
conduct. 

Sect.  3.     Be  it  further  enacted,    That  the  said  association  Association 
may  have  one  common  seal,  to  be  used  in  such  of  their  tran-  may  hold  any 
sactions,  as  they  shall  determine  ;  and  that  they  may  sue  and  ^^'^^^* 
be  sued,  and  may  establish  rules,  orders,  and  by-laws,  for  the 
government  of  said  association,  and  for  the  security  and  appli- 
cation, of  the  funds  thereof,  Provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  Commonwealth  ;  and 
may  take,  hold  and  possess  any  estate  real  or  personal,  by  sub- 
scription, gift,  grant,  purchase,  devise,  or  otherwise,  and  the 
same  may  improve,  lease,  exchange,  or  sell  and  convey,  for 
the  sole  benefit  of  said  institution.     Provided  the  value  of  the 
real  estate  of  said  association  shall  never  at  any  one  time  ex- 
ceed the  sum  of  fifty  thousand  dollars. 

Sect.  4.     Be  it  further  enacted,    That  the  said   association 
shall  have  full  power  and  authority  to  establish  such  pecuniary  Fines, 
fines  and  penalties  as  they  shall  judge  proper,  not  exceeding 
four  dollars  for  any  one  oflencc.     [Feb,  27,  1 809.] 

An  Act  to  incorporate  Rufus  Pierce  and  others,  for  certain  purposes.  ChctV.  51. 

Sect.  1.  BE  it  enacted  by  the  Sejiate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Rufus  Pierce,  and  others,  who  now  are,  and  who  Powers. 
may  hereafter  become  his  associates,  be,  and  hereby  are  au- 
thorized and  empowered,  to  make  a  Causeway,  not  less  than 
twelve  feet  Avide,  over  certain  marsh,  from  the  road  leading 
from  Quincy  to  Squantum,  (so  called)  to  the  upland  belonging 
to  Col.  John  Pope  in  Dorchester. 

Sect.  2.  Be  it  further  enacted.  That  the  said  Rufus  Assessments, 
Pierce  and  others,  be,  and  hereby  are  allowed  and  empower- 
ed to  raise  by  assessment,  or  tax,  to  be  levied  on  all  the  pro- 
prietors of  said  Causeway,  in.  proportion  to  the  quantity  of 
their  land  to  which  the  same  leads,  or  which  may  be  benefited 
thereby,  such  sum  or  sums  for  defraying  the  charges  of  mak- 
ing and  maintaining  said  Causeway,  as  shall  be  agreed  upon 
by  the  proprietors,  their  heirs,  or  assigns,  or  the  major  part  of 


208  1808. Chap.  51—54. 

them,  assembled  at  any  legal  meeting  to  be  called  for  that  pur- 
pose ;  the  meeting  of  the  said  proprietors  to  be  called  and  con* 
ducted  in  the  same  manner  as  (hose  of  the  proprietors  of  com- 
1783  ch.  59.  mon  lands,  prescribed  by  an  act  passed  the  tenth  day  of 
March,  one  thousand  seven  huntlred  and  eighty-four,  relating 
to  lands,  wharves  and  other  real  estate,  undivided  and  lying  irt 
common.  And  the  said  proprietors  are  hereby  authorized  and 
empowered  to  choose  all  such  officers  as  may  be  necessary  for 
managing  the  business  aforesaid,  in  the  same  manner  as  pro- 
Officers,  prietors  of  common  lands  are  by  law  empowered  to  choose 
officers,  at  their  legal  meetings. 

Sect.  3.     Be  it  farther  enacted.  That  if  any  person  interest^ 
ed  in  said  causeway,  shall,  for  the  space  of  six  months,  neglect 
to  pay  the  sum  duly  assessed  for  him  to  pay,  and  of  which  the 
delinquent  shall  have  received  six  months  notice  from  the  col- 
Land  of  delin-  lector,  treasurer  or  clerk  of  said  proprietors,  then  the  said  pro- 
quentsto  be      prietors,  for  the  purpose  of  paying  such  delinquent's  assessment, 
sold  for  taxes,    ^^g  hereby  authorized  and   fully  empowered,  to  direct  their 
collector,  clerK,  or  treasurer  from  time  to  time,  at   public  ven- 
due to  sell  and  convey  so  much   of  such  delinquent's   land  as 
near  as  may  be  to  said  causeway,  as  will  be  sufficient  to  de- 
fray the  sum  assessed  on  him,  and  all  reasonable  charges  at- 
tending such  sale  ;  notice  of  such  sale,  and   of  the  time   and 
place  being  given,  by  publishing  an  advertisement  thereof,  in 
two  of  the  newspapers  printed  in  Boston,  five  weeks  successive- 
ly before  the  time  of  sale.     And  the  proprietors  may,  by  their 
clerk,  execute  a  deed  of  conveyance  of  the  land  thus  sold,  unto 
the  purchaser ;  wherein  shall  be  conveyed   all  the  right   and 
title  which  said  delinquent  proprietor  formerly  had  in  said  land 
Pioviso.  thus  sold  and  conveyed.     Provided  nevertheless,  that  the  person 

whose  land  shall  be  sold,  shall  have  liberty  to  redeem  the 
same,  at  any  time  within  one  year  after  such  sale,  by  paying 
the  sum  his  land  was  sold  for,  and  charges,  together  with  twelve 
per  centum  on  the  sum  produced  by  such  sale. 

Sect.  4.  Be  it  further  enacted,  That  the  proprietors  of  said 
causeway,  and  of  the  land  thereto  adjacent,  are  hereby  em- 
powered to  order  and  manage  all  affi^irs  relative  to  the  making 
and  maintaining  the  said  causeway,  in  such  way  and  manner, 
as  shall  be  concluded  and  agreed  on,  by  the  major  part  of 
those  who  are  therein  interested,  present  at  any  legal  meeting ; 
the  votes  to  be  collected  and  accounted  according  to  the  num- 
ber of  acres  owned  by  the  proprietors  of  said  causeway. 
[Feb.  27,  1  809.] 

ChOD.  64         A"  '^^'^^  '"  addition  to  an  Act,  entitled,  "An  Act  to  establish  the  Hartford  and 
"*        *  Dedham  Turnpike  Corporation. 

(V.  3.  p'.  410.)  Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen* 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  said  Hartford  and  Dedham  Turnpike  Corpora- 
tion be,  and  hereby  are  authorized  and  empowered  in  lieu  of 
one  of  the  gates  now  established  by  law,  to  erect  one  gate  on 
said  turnpike  road  in  Medway,  between  the  dwelling  houses 
of  Isaac  Hixson  and  Adam  Bullard,  and  one  other  gate  on  said 


1808 tChap.  54—58.  209 

road  between  the  dwelling  house  of  Henry  Tisdale  in  Dover, 
and  the  old  road  near  the  dwelling  house  of  Benjamin  Fisher, 
in  Dedham,  and  when  the  same  are  erected,  said  corporation 
shall  be  entitled  to  dema^Kl  and  receive  at  each  of  the  said  two 
gates,  one  half  of  the  rates  of  toll  now  established  by  law,  and 
which  said  corporation  have  a  right  to  demand  and  receive  at 
the  other  gate,  on  said  turnpike  road,  under  the  same  restrictions 
and  regulations  as  are  established  by  law  on  said  turnpike  road* 
[March  1,  1809.]     Further  act— 1812  ch.  91. 

An  Act  to  incorporate  Joshua   Fisher  and  others  to  manage  a  fund  for  charitable  Chap.  58. 
purposes,  by  the  name  of  the  Beverly  Charitable  Society.  ^ 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by   the   authority  of  the 

^T-'\  Tt?^    '^"''^"^    ^'^^^^'''    ^^"'"^^    Bl-OWn,    Israel    Thorndike,  Persons  incor- 

Abiel  Abbot,  Joseph  Emerson,  Thomas  Davis,  Robert  Rantoul,  i^orated. 
John  Dyson,  Josiah  Gould,  Thomas  Stephens,  Joseph  Chip- 
man,  Moses  Dow,  John  Dike,  John  B.  Allen,  James  Worceley, 
Benjamin  Beckford,  John  Batchelder,  Abraham  Killham,  John 
Francis,  of  Beverly,  and  Ebenezer  Francis  and  Joseph  Lee  of 
Boston,  together  with  such  others  as  may  hereafter  be  elected 
members  of  said  society,  be,  and  hereby  are  incorporated  and 
made  a  body  politic  and  corporate,  forever,  by  the  name  of 
the  Beverly  Charitable  Society  ;  for  the  purpose  of  raising  a  For  what  pur, 
fund  m  order  to  relieve  and  assist  any  inhabitant  thereof,  who,  P°^^- 
by  reason  of  sickness  or  misfortune,  may  stand  in  need  of  spe- 
cial assistance  ;  to  aid  the  destitute  widow  ;  to  provide  for  the 
helpless  orphan,  and  generally,  to  perform  such  acts  of  charity 
and  benevolence,  as  the  funds  of  the  society  may  allow- 
excluding  therefrom  the  idle,  the  profuse,  the  intemperate' 
and  such  as  ought  to  apply,  for  relief  to  the  overseers  of  the 
poor. 

Sect.    2.      Be    it  further  enacted,    That    the  said  society  General  pow- 
shall  have  power  to  choose  a  president,   secretary,  treasurer,  "rs  and  choice 
trustees,  and  other  necessary  officers,  and  to  make  all  proper  °^  °^''^'^' 
and  necessary  rules  and  by-laws,  not  repugnant  to  the  consti- 
tution  or  laws  of  this  Commonwealth,  for  the  regulation  of  its 
members  and  property,  and  the  same  to  change  as  they  may 
find  expedient  or  necessary. 

Sect.  3.     Be  it  further  enacted,  That  the  said  society  shall  TohaveaseaU 
have  and  use  a  common  seal,  which  they  may  alter   at  plea- 
sure ;  and  that  the  said  society  by  the  name  aforesaid,   may 
sue  and  be  sued,  prosecute  and  defend  suits,  with  the  power  of 
substitution. 

Sect.  4.     Be  it  further  enacted.  That  the  said  society  shall  Tohoidprflr 
be  capable  of  purchasing,  receiving  and  holding  any  estate,  P^'^^- 
real  or  personal,  to  be  used  and  improved   for  "the  purposes 
aforesaid,  or  such  other  benevolent  purposes  as  the  Donor  may 
particularly  direct  ;  Provided,  the  whole  estate  of  the  society 
shall  not  exceed  the  value  of  forty  thousand  dollars. 

Sect.  5.  Be  it  further  enacted.  That  the  said  society  may 
makesaleofany  of  their  estate,  real  or  personal,  purchased 
or  given,  unless  that  which  shall  be  given,  he  expressly  other- 
wise appropriated  by  the  Donor;  and  all  monies  arising  from 

roL.  ir.  37  ° 


210 


180«. 


Chap.  58—61. 


Meeting  to  be 
called. 


Chap.  61. 


Persons  incor- 
porated. 


such  sale,  and  the  subsequent  income,  shall  be  applied  to  the 
same  use  to  which  the  property  sold,  and  the  income  thereof, 
were  before  respectively  applicable.  And  all  deeds,  convey- 
ances, contracts,  and  other  instruments,  duly  executed  and 
signed  by  the  president  and  attested  by  the  secretary,  shall  he 
valid  and  binding  on  the  society. 

Sect.  6.  Be  it  further  enacted,  That  Joshua  Fisher,  be,  and 
he  hereby  is  authorized  to  call  the  first  meeting  of  the  society, 
at  such  time  and  place  as  he  shall  think  proper,  and  he  is  fur- 
ther empowered  to  act  as  secretary,  until  another  shall  be 
chosen.     [March  1,   1807.] 

An  Act  to  incorpoiate  a  number  of  the  inhabitants  of  the  Towns  of  Harwich, 
Chatham  and  Orleans,  as  a  Religious  Society,  by  the  name  ot  The  Fust  Me- 
thodist Society  in  Harwich. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Anthony  Baker,  Richard  Basset,  Richard  Basset, 
jun.  Joel  Basset,  Nathaniel  Basset,  jun.  Seth  Burgess,  Daniel 
Chase,  Carlo  Cohoon,  Gamaliel  Cohoon,  Seth  Cohoon,  Simeon 
Cohoon,  Levi  Cohoon,  Peter  Cohoon,  Jesse  Cohoon,  Jesse  Co- 
hoon, jun.  John  Cohoon,  jun.  Reuben  Cohoon,  jun.  Jonathan 
Crowell,  Solomon  Crowell,  Eli  Eldridge,  Elijah  Eldridge,  Bani 
Eldridgo,   Seth  Eldridge,   Isaac  Eldridge,  Isaac  Eldridge,  jun. 
Isaiah  Eldridge,  Nehemiah  Eldridge,  Nathan  Eldridge,   Elna- 
than  Eldridge,   Elnathan  Eldridge,  jun.  Ensign  Eldridge,  Ebe- 
nezer  Eldridge,  Ebenezer  Eldridge,  jun.  Samuel  Eldridge,  3d. 
Lewis  Eldridge,  Oliver  Eldridge,  Thomas  Eldridge,  Thomas 
Eldridge,  jun.  Warren  Eldridge,  William  Eldridge,  Zenas  El- 
dridge, Benjamin  Hall,   Henry  Kenwrick,  Nathan  Kenwrick, 
James  Kenwrick,  Jonathan  Kenwrick,  Solomon  Kenwrick,  Ste- 
phen Kenwrick,  Abijah  Long,  Elkanah  Long,  Levi  Long,  Wil- 
liam Long,  William  Long,  jun.  Baty  Niekerson,  Benjamin  Nic- 
kerson,  Edward  Niekerson,  Elkanah  Niekerson,  Dean  Nieker- 
son, Eleazer  Niekerson,  Henry   Niekerson,  Levi  Niekerson, 
Nathan  Niekerson,  Richard  Niekerson,  James  Niekerson,  Silas 
Niekerson,  Silas  Niekerson,  jun.  Seth  Niekerson,  Seth  Nieker- 
son the  4th,  TuUy  Niekerson,  Vinson  Niekerson,  Nathaniel 
Robbins,  jun.  Eli  Small,  Denne  Small,  John  Small,  James  Small, 
Nathan  Small,  Thomas  Small,  William  Small,  William  Small, 
iun.  Zebedee  Small,  Stephen  Torner,  Solomon  Wixom,  James 
Wixom,    Edmund  Young,    Lewis  Young,   John   Young,   John 
Young,  jun.  and  William  Young,  jun.  all  of  Harwich  ;  Ebene- 
zer Bears,   Simeon  Bears,  Joshua  Buck,  Isaac  Eldridge,  John 
Eldridge,  Zephaniah  Eldridge,  Melatiah  Hamilton,  and  David 
Howes'^  all  of  Chatham  ;  Obadiah  Eldridge,  Reuben  Eldridge, 
Simeon  Ellis,  Uriah  Linnel,  Malachi  Niekerson,  Uriah  Nieker- 
son, and  Zachariah  Small,  all  of  Orleans,  members  of  the  Me- 
thodist Society,  Avith  their  polls  and  estates,  together  with  such 
others  as  may  hereafter  associate  and  join  with  them,  in  con- 
formity with  the  provisions  of  this  Act,  be,  and  they  are  here- 
by incorporated  as  a  religious  society,  by  the  name  of  The 
First  Methodist  Society  in  Harwich ;  with  all  the  powers  and 
privileges  Avhich  are  enjoyed  and  exercised  by  other  religious 


1808. Chap.  61—63.  211 

societies,  according  to  the  constitution  and  laws  of  this  Com- 
monwealth. 

Sect.  2.  Be  it  further  enacted,  That  any  person  in  either  of  How  to  join 
the  aforesaid  toAvns  of  Harwich,  Chatham  and  Orleans,  who  the  society, 
may  at  any  time  hereafter,  be  desirous  to  unite  with,  and  shall 
actually  become  a  member  of  the  said  Methodist  Society,  shall 
declare  such  intention  in  writing,  by  giving  in  his  or  her  name  to 
the  minister  or  clerk  of  the  said  Methodist  Society,  and  receive  a 
cerliticate  of  membership,  signed  by  the  minister,  elders,  or 
clerk  of  the  said  society,  that  he  or  she  has  united  in  religious 
worship,  and  hath  actually  become  a  member  of  the  said  Me- 
thodist Society  in  Harwich,  and  shall  also  leave  an  attested 
copy  of  such  certificate,  with  the  clerk  of  the  parish  or  society 
to  which  he  or  she  belonged,  fourteen  days  previous  to  the  an- 
nual parish  meeting  in  March  or  April ;  shall,  from  and  after 
the  date  of  such  certificate,  with  his  or  her  polls  and  estates, 
be  considered  a  m.ember  of  the  said  societj^ :  Provided  however. 
That  such  person  shall  be  held  to  pay  his  or  her  proportion  ol 
all  monies  assessed  and  not  paid  to  the  society  from  which  such 
person  has  seceded. 

Sect.  3.     Be  it  further  enacted.  That  when  any  member  of  How  to  leave 
the  said  Methodist  Society,  shall  see  cause  to  leave  the  same,  the  society, 
and  to  unite  with   an}^  other  religious  society  in   the  town  or 
parish  in  which  he  or  she  may  live,  shall  declare  such  inten- 
tion in  writing,  to  the  minister  or  clerk  of  such  other  society, 
fourteen  days  before  the  annual  meeting  thereof;  and  if  such 
person  shall  receive  a  certificate  of  membership,  signed  by  the 
minister,  elder,  or  clerk  of  such  society,  that  he  or  she  has 
united  in  religious  worship,  and  hath  actually  become  a  member 
thereof;  such  person  shall,   from   the  date  of  such  certificate, 
with  his  or  her  polls  and  estate,  be  considered  as  a  member  of 
such  society :  Provided  hoicerer.  That  such  person  shall  be  held  Proviso. 
to  pay  his  or  her  proportion  of  all  monies  assessed  in  the  said 
society,  and  not  paid,  previous  to  leaving  one  society  and  join- 
ing to  another. 

Sect.  4.  Be  it  further  enacted,  That  any  justice  of  the  peace  Justice  to  issue 
for  the  county  of  Barnstable,  be,  and  he  is  hereby  authorized  ^'^  warrant, 
to  issue  his  warrant,  directed  to  some  suitable  member  of  the 
said  Methodist  Society,  requiring  him  to  notify  and  warn  the 
members  thereof,  cjualified  to  vote  in  parish  affairs,  to  assemble 
at  such  convenient  time  and  place,  as  shall  be  appointed  in  said 
warrant,  for  the  choice  of  such  officers  as  parishes  are  by  law 
empowered  to  choose  at  their  annual  parish  meetings.  [March 
1,  1809.] 

An  Act  to  repeal  certain  Acts,  concerning  Meadows  and  Beaches,  in  the  north  Chap,  63. 
part  of  Harwich. 

BE  it  enacted  by  the  Senate  and  House   of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  j  q^^  ttt 
an  Act  made  and  passed  in  the  year  of  our  Lord,  one  thousand  (v.  s.'app'x. 
seven  hundred  and  sixty  one,  entitled,    "  An  Act  to  prevent  P*  ^'*-) 
damage  being  done  on  the  meadows  and  beaches,  lying  in,  and 
adjoining  on  the  north  side  of  the  town  of  Harwich,  between 


212 


1808. 


Chap.  63—67. 


Repealed  by 
1810  ch.  63, 


(V.  3.  app'x. 
p.  5.) 


Chap.  64. 


Gommittee  to 
_be  chosen. 


Penalty. 


Chap.  67. 

1803  ch.  48. 
(V.  3.  p.  48.) 

1805  ch.  103. 

1806  ch.  85. 


Skaket  harbour  on  the  east,  and  Quivet  harbour  on  the  west.'^ 

Also,  an  Act  mafle  in  the  same  year,  entitled,  "  An  Act  in  addition  to  an  Act  made 
and  passed  this  pr-  sent  year,  entitled,  "  An  Act  to  prevent  damage  being  done  on 
the  meadows  and  beaches,  lying  in,  and  adjoining  on  the  north  side  of  the  Town  of 
Harwich,  between  Skaket  harbour  on  the  east,  and  Quivet  harbour  on  the  west; 

which  Acts,  by  an  Act  passed  the  seventh  day  of  March,  in 
the  year  of  our  Lord,  one  thousand  seven  hundred  and  ninet}^- 
seven,  were  made  perpetual,  be,  and  the  same  are  hereby  re- 
pealed.    [March  2,  1809.] 

An  Act  to  regulate  the  taking  of  Fish  in  the  Town  of  Rochester. 

Sect.  1 .  BE  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  hy  the  authority  of  the 
same,  That  any  person  who  shall  lake  any  of  the  fish  called 
alewives  in  the  brook  leading  out  of  Merry's  Pond  so  called  in 
Rochester  into  Sippican  River,  or  in  the  said  Sippican  River, 
excepiing  as  is  in  this  Act  allowed,  shall  forfeit,  and  pay  the 
sum  of  ten  dollars,  to  be  recovered  in  an  action  of  debt,  in  any 
court  proper  to  try  the  same,  by  the  treasurer  of  said  town,  to 
the  use  of  said  town. 

Sect.  2.  Be  it  further  enacted.  That  the  inhabitants  of  the 
said  town  of  Rochester,  at  their  annual  town  meeting  in  the 
month  of  March  or  April  annually,  shall  choose  a  committee  of 
not  more  than  six,  nor  less  than  three,  inspectors  of  said  brook 
and  river,  who  shall  be  under  oath  as  other  town  officers,  to 
inspect  the  same,  under  the  direction  of  the  selectmen  of  said 
town  for  the  time  being,  and  whose  duty  it  shall  be,  to  give  im- 
mediate notice  to  the  treasurer  of  said  town,  of  all  breaches  of 
this  Act  which  has  come  to  their  knowledge. 

Sect.  3.  Be  it  further  enacted.  That  the  inhabitants  of  said 
town  of  Rochester  at  any  town  meeting,  legall}'-  warned,  (hav- 
ing an  article  in  the  warrant)  for  that  purpose,  may  if  they 
think  proper,  sell  the  exclusive  right  to  the  taking  said  fish  in 
said  brook,  or  in  said  I'iver  for  a  terra,  not  more  than  one  year 
to  the  highest  bidder  or  bidders  to  be  taken  at  such  times  and 
places,  and  by  such  means  as  shall  be  pointed  out  in  the  con- 
ditions of  sale,  and  if  any  such  purchaser  shall  take  any  of  such 
fish  in  said  river,  or  in  said  brook,  contrary  to  the  terms  in  the 
conditions  of  sale,  every  such  person  or  persons  shall  forfeit 
and  pay  the  sum  of  twenty-five  dollars  to  be  recovered  as 
aforesaid,  for  the  use  aforesaid. 

Sect.  4.  Be  it  further  enacted.  That  if  any  person  shall 
make,  or  erect  any  wear  or  other  impediments  in  or  across  said 
brook  or  river,  below  where  said  brook  empties  itself  into  said 
river,  by  which  the  passage  of  said  fish  up  said  brook,  or  up 
said  river  shall  be  obstructed,  each  person  so  offending,  shall 
for  each  and  every  offence,  forfeit  and  pay  the  sum  of  fifty  dol- 
lars, to  be  recovered  as  aforesaid  for  the  use  aforesaid.  [^J\1arch 
2,  1809.] 

An  Act  further  to  continue  in  force  an  Act,  entitled,  "An  Act  to  establish  a  cor- 
poration, by  the  name  of  The  Essex  Turnpike  Corporation." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  Act,  entitled,  "  An  Act  to  establish  a  corporation  by 


1808. Chap.  67—70.  213 

the  name  of  the  Essex  Turnpike  Corporation  shall  be,  and 
hereby  is  continued  in  full  force  and  effect  for  and  during  the 
full  term  of  two  years,  from  and  after  the  twenty-second  day  of 
June,  which  was  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  eight,  any  thing  in  said  Act  to  the  contrary  not- 
withstanding. [March  3,  1809.]  See  also  1820  ch.  77,  re- 
pealed by  fsSl  ch.  70. 

An  Act   to  establish  a  corporation,  by  the  name  of  The   Groton  and  Pepperrell    Chap»  69. 
Turnpike  Cuiporation. 

Sect.  1.  BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Oliver  Prescott,  James  Brazcr,  Thomas  Gardner,  Persons  incor- 
Joseph  Moors,  Aaron  Brown,  Luther  Lawrence,  William  Mer-  porated. 
chant  Richardson,  Esq.  Benjamin  Woods  Parker,  William  Nut- 
ting, Jacob  Lakin  Parker,  James  Lewis,  jun.  and  Joseph 
Fletcher  Hall,  all  of  Groton  aforesaid,  the  Rev.  John  Bullard, 
Joseph  Heald,  Esq.  Simeon  Green,  and  Lemuel  Parker,  all  of 
Pepperrell  aforesaid,  together  with  such  other  persons  as  may 
hereafter  associate  with  them,  be,  and  they  hereby  are  made 
a  corporation  and  body  politic,  by  the  name  and  style  of  the 
Groton  and  Pepperrell  Turnpike  Corporation,  for  the  purpose 
of  laying  out  and  making  a  turnpike  road  from  the  first  parish 
meeting  house  in  Groton  in  the  county  of  Middlesex,  or  from 
the  burying  ground  to  the  west  of  the  same,  as  the  locating 
committee  may  judge  will  best  promote  the  public  interest,  to 
such  point  in  the  line  of  the  state  of  New  Hampshire,  as  will 
be,  in  the  nearest  convenient  rout  from  the  place  of  departure 
in  Groton  aforesaid,  to  the  meeting  house  in  Milford  in  said  state 
of  New  Hampshire,  and  for  this  purpose  shall  have  all  the 
powers,  and  privileges,  and  be  subject  to  all  the  duties,  require- 
ments, and  penalties,  contained  in  an  Act,  entitled,  "  An  Act  de-  1804  ch.  125. 
fining  the  general  powers  and  duties  of  turnpike  corporations," 
made  and  passed  the  sixteenth  day  of  March,  in  the  year  of 
of  our  Lord,  one  thousand  eight  hundred  and  five,  and  any 
Acts  which  have  been  made  in  addition  thereto. 

Sect.  2.  Be  it  further  enacted.  That  when  the  road  afore- 
said, shall  be  laid  out,  made,  completed  and  shall  be  approved 
by  the  Court  of  Common  Pleas  for  said  county  of  Middlesex, 
the  said  corporation  shall  have  power  to  erect  one  gate  there- 
on, at  such  place  as  the  said  court  may  order,  and  shall  be  en- 
titled to  receive  toll  thereat,  any  thing  in  the  Act  aforesaid 
notwithstanding.     [March  3,  1 809.] 

An  Act  to  incorporate  The  Trustees  of  the  Methodist  Religious  Society  in  Boston.   Chup,  70. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  William  Hall  Jackson,  John  Clark,  John  Jones,  Persons  incor. 
Edward  Haynes,  Thomas  Patten,  James  Howlett,  James  Hutch-  porated. 
inson,  Amos  Binney,  Abraham  Tngersol,  George  Southerland, 
James  T.  Goodridge,  Robert  Restieaux,  Ezra  Curtin,  and  Da- 
vid Patten,  be,  and  hereby  are  incorporated  into  a  body  poli- 
tic, by  the  name  of  the  Trustees  of  the  Methodist  Religious  So- 
ciety in  Boston,  and  by  that  name,  they  and  their  successors 
in  office  shall  be  a  corporation  forever. 


214 


1808. 


Chap.  70. 


Number  of 
trustees. 


fowers. 


Of  vacancies. 


Trustees  to 
hold  properly. 


Proviso. 


Common  seal. 


First  meeting. 


Sect.  2.  Be  it  further  enacted,  That  the  number  of  said  trus- 
tees, shall  at  no  tinoe  exceed  fifteen,  nine  of  whom  shall  consti- 
tute a  quorum  to  do  business;  that  they  shall  annually  in  the 
month  of  January  elect  from  their  own  body  a  treasurer,  who 
shall  have  charge  of  the  monies  and  securities  for  money,  or 
other  property  belonging  to  the  said  Methodist  Religious  So- 
ciety ;  also  a  secretary,  who  shall  keep  a  faithful  record  of  all 
the  votes  and  doings  of  the  said  trustees.  They  shall  have 
power  to  make  such  rules  and  by-laws,  as  may  be  necessary 
for  the  management  of  their  affairs,  the  regulation  of  their  offi- 
cers, the  raising  of  money  for  the  support  of  (heir  public  teach- 
ers, and  repairs  of  their  chapels,  and  for  calling  their  meetings 
from  time  to  time,  as  are  not  repugnant  to  the  constitution  and 
laws  of  this  Commonwealth. 

Sect.  3.  Be  it  further  enacted,  That  whenever  there  shall 
occur  any  vacancy  in  the  board  of  trustees,  by  reason  of  death, 
resignation  or  removal  from  office,  the  secretary  for  the  time 
being,  shall  notify  and  call  a  meeting  of  the  remaining  trustees, 
as  soon  as  may  be,  and  the  mini.=;ier  having  the  pastoral  charge 
of  the  said  Methodist  Religious  Society,  shall  nominate  suitable 
persons,  being  members  of  the  said  society,  and  from  such 
nominations  the  trustees  shall  proceed  to  elect,  and  by  a  ma- 
jority of  votes,  appoint  a  person  to  fill  such  vacancy,  in  order 
that  the  number  of  trustees  be  fifteen  forever. 

Sect.  4.  Be  it  further  enacted,  That  the  lands  and  other 
property,  already  purchased  by,  or  o;iven  unto,  the  said  trus- 
tees, for  the  use  and  benefit  of  the  said  Methodist  Religious  So- 
ciety, either  for  the  support  of  the  public  worship  of  God,  or 
for  the  su[)port  of  the  poor  of  the  said  society,  shall  be  con- 
firmed to  the  said  trustees,  and  their  successors  in  (hat  trust, 
forever.  And  the  said  trustees  and  their  successors,  may  have 
and  hold  in  fee  simple,  by  gift,  grant,  devise,  bequest,  or  other- 
wise, any  lands,  tenements,  hereditaments,  or  other  estate,  real 
or  personal;  Provided,  the  annual  income  thereof  shall  not  ex- 
ceed the  sum  of  two  thousand  dollars;  and  \n^y  sell  and  dis- 
pose of  the  same,  and  apply  the  rents  and  proceeds  thereof  in 
such  manner  as  will  best  promote  the  end  and  design  of  the 
said  Methodist  Religious  Society. 

Sect.  5.  Be  it  further  enacted,  That  the  said  trustees  may 
have  one  common  seal,  which  they  may,  at  pleasure,  alter  and 
renew  ;  and  all  deeds  signed  by  the  treasurer  and  secretary  of 
said  corporation,  for  the  time  beiiu;,  and  sealed  with  their  seal, 
duly  acknowledged,  shall  be  good  and  valid  in  law.  And  the 
said  trustees  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  of  The  Trustees  of  the  Methodist 
Religious  Society  in  Boston. 

Sect.  6.  Be  it  further  enacted.  That  Amos  Binney,  be,  and 
hereby  is  authorized  to  fix  the  time  and  place  of  holding  the 
first  meeting  of  said  Trustees,  and  to  notify  them  thereof  ac- 
cordingly.    [March   3,  1 809.] 


1808. Chap.  71—74.  215 

An  Act   in  addition  to  an  Act,  entitled  "  An  act  in  addition  to  an  Act,  entitled  an    CViflp.  71  • 
act  to  incorporate  Aaron  Davis  and  others,  by  the  name  of  the  Worcester  Turn-    ,..  _    .     ._ 
pike  Corporation."  ;«J^;J;«^; 

WHEREAS  the  said  Worcester  Turnpike  Road,  as  the 
same  is  now  located  and  made,  makes  such  intersections  of 
various  old  roads,  over  which  the  same  crosses  and  passes, 
as  to  render  it  easy,  at  all  times  for  persons  to  travel  on  the 
same  a  greater  part  of  the  way,  and  by  turnings  off  on  said 
old  roads,  near  the  several  places  assigned  to  receive  toll,  to 
avoid  the  payment  of  the  same  ;  and  whereas  there  are  sev-  P"*™^^^' 
eral  portions  of  said  Turnpike  road,  over  which  there  would 
be  a  great  travel,  provided,  the  said  corporation  were  authoriz- 
ed to  erect  gates,  subdividing  the  toll,  established  in  and  by 
their  act  of  incorporation,  which  would  be  a  great  saving  and 
convenience  to  many  people  who  wish  to  travel  on  certain 
portions  of  said  turnpike,  if  it  could  be  done  without  paying  a 
full  toll : 

Sect.   1 .     Be   it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority   of  the 
same,  That  the  Justices   of  the    court  of  Common    Pleas,  in 
each  county   through    which    the    said  road    does   pass,    are  Corporation 
hereby   authorized    to    proceed  and  examine   said    Turnpike  er*ectTat^es. " 
Road,  and  the  several  old  roads  over  which  the  same  passes, 
and  if  in  their  opinion,  the  public  convenience,  and  the  inter- 
est of  said  corporation  shall  require  it,  they  are   hereby  fully 
authorized  to  empower  said  corporation,  instead  of  erecting  full 
toll  gates   on   said  Turnpike  as  pointed  out  in  said    original 
act,  to  erect  gates,    subdividing    the  said  toll,  in    such  man- 
ner, and  in  such  places  as  the  pu1)Iic  good  shall  seem  to  them 
to  require.  Provided,  no  more  toll  be   taken   in  the  whole,  on  Proviso, 
any  one  ten   miles  on  said    Turnpike,   than  is   authorized  in 
and  by  said  original  act. 

Sect.  2.  Be  it  further  enacted.  That  where  the  said  Jus- 
tices of  the  court  of  Common  pleas  shall  have  viewed  said 
Turnpike  road,  if  they  should  make  any  such  alterations  in 
the  toll  gates  thereof,  after  makins;  the  same  and  pointing  out 
the  several  places,  where  said  sub-toll-gates  shall  be  erected, 
and  estal)lishing  the  portions  of  toll,  to  be  received  at  each  g^'f"ted  ^^ 
one  of  them,  they  shall  record  the  same;  and  the  said  corpo- 
ration are  hereby  directed  to  erect  at  some  conspicuous  place, 
where  the  toll  is  collected,  a  sign  board,  with  the  rates  of  said 
subdivided  toll  thereon.     [March  3,  1809.] 

An  Act  iiicorpoiatins  Michael  Collins   and  others,  by  the  name  of  The  Massa-   Chap,  74, 
chusRtts  Salt  Work  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Michael  Collins,  Elkanah  Cobb,  Winslow  Lewis, 
James  A.  Allen,  Peter  Dickerman,  Benjamin  Rich,  Philip  K.  ^^^^^^  '""'' 
Ridgeway,  Joseph  Clark,  Azariah  Smith,  Peter  B.  Hall,  and 
Prince  Snov;,  jun.  with  such  others  as  already  have  or  may 
hereafter  associate  with  ihem,  their  successors  and  assigns, 
be,  and  hereby  are  made  a  Corporation,  by  the  name  of 


216 


1808. 


Chap.  74—1^, 


1808  ch.  65. 


Chap,  75. 

1807  ch.  86. 


Proprietors 
empowered. 


Perseus  to  be 
taxed. 


"  The  Massachusetts  Salt  Work  Company,"  for  the  purpose 
of  manufacturing  Salt  in  the  county  of  Barnstable,  and  for 
this  purpose  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements  contained  in  an  act 
passed  the  present  session  of  the  General  Court,  entitled,  "An 
defining  the  general  powers  and  duties  of  manufacturmg  cor- 
porations." 

Sect.  2.  Be  it  further  enacted^  That  said  company  may 
be  lawfully  seized  and  possessed  of  such  real  estate  within  ei- 
ther or  both  of  the  towns  of  Eastham  and  Wellfleet,  not  exceed- 
ing the  value  of  Thirty  thousand  dollars,  and  such  personal 
estate  not  exceeding  the  value  of  Forty  thousand  dollars,  as 
may  be  necessary  and  convenient  for  establishing  and  carry- 
ing on  the  manufacture  of  Marine  Salt  within  the  county  of 
Barnstable.     [March  3,  1 809.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  the  Proprietors 
of  a  New  Meeting  House  in  the  fourth  parish  in  Newbury,  in  the  county  of 
Essex. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  Proprietors  of  the  New  Meeting  House  in  the 
fourth  Parish  in  Newbury,  and  the  members  of  the  said  pa- 
rish qualified  by  law  to  vote  in  town  or  parish  meetings,  are 
hereby  authoi-ized  and  empowered  to  exercise  all  the  rights 
and  privileges  vested  by  law  in  said  fourth  parish. 

Sect.  2.  Be  it  further  enacted,  That  the  proprietor?  of  said 
meeting  house  and  the  members  of  said  fourth  parish  in  New- 
bury, be,  and  they  hereby  are  authorized  and  empowered,  at 
any  time  hereafter,  to  exempt  from  taxation,  for  the  support 
of  public  worship  in  said  parish  the  polls  and  estates  of  any 
of  the  inhabitants  of  said  parish  who  will  produce  a  certifi- 
cate from  any  religious  incorporated  society,  that  they  have 
entered  their  names  and  are  admitted  as  members  of  such 
society,  and  are  willing  to  be  subjected  to  taxation  therein, 
and  shall  pay  their  proportion  of  the  money  raised  in  said 
parish  previous  to  such  certificate. 

Sect.  3.  Be  it  further  enacted,  That  the  society  to  which 
such  persons  are  admitted  as  members,  be,  and  they  hereby 
are  authorized  to  tax  their  polls  and  estates,  for  the  support 
of  public  worship  in  the  same  proportion  as  they  do  their  oth- 
er members  of  said  society,  and  until  they  shall  return  and 
become  members  again,  their  living  within  the  limits  of  the 
fourth  parish  in  Newbury,  notwithstanding. 

Sect.  4.  Be  it  further  enacted,  That  the  society  who  wor- 
ship in  said  meeting  house,  and  the  members  of  said  fourth 
parish  in  said  Newbury,  be,  and  they  are  hereby  authorized  to 
tax  all  the  polls  and  estates  of  such  person  or  persons  who  shall 
regularly  and  statedly  attend  public  worship  in  said  meeting 
house  who  are  inhabitants  of  the  town  of  Newburyport,  and 
they  shall  be  entided  to  the  privileges  of  said  society  notwith- 
standing their  living  within  the  bounds  of  said  Newburyport : 
Provided,  That  such  person  or  persons  inhabitants  of  Newbu- 
ryport aforesaid,  who  shall  become  a  member  or  members  of 


1B08. Chap.  78—83.  217 

said  fourth  parish,  shall  first  have  entered  his  or  their  name 
or  names  with  the  clerk  of  the  society  in  Newbiiryport  to 
which  they  have  belonged  and  may  leave,  in  manner  prescrib- 
ed by  law.     [March  3,  1809.] 

An  Act  in  arklition  to  an  Act  passed  in  t)ie  year  of  our  Lord   one  thousand  eight   CliUp.  78. 
hundred  and  two,  entitled  "  An  act  for  the  preservation  and  regulating  the  tak-   jgOI  ch.  65. 
ing  the  fish  called  Alewives  in   the  brook  running  from  West  Quiticus  pond,  to    (y.  2.  p*.  516.") 
the  east  Quiticus  pond,  near  the  line  between  tiie  towns  of  Middleboioug,h  and 
Rochester,  in  the  county  of  Plymouth.'' 

Sect.   1.      BE  it  enacted  by  the  Senate  and  House  of  Repre- 
senfatkes,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  from  and  after  the  passing  this   act,  the  agents  ap- 
pointed by  the  town  of  Middleboroug'h  and  the  town  of  Roch-  Agents  author- 
ester  in  pursuance  of  the  act  to  which  this  is  in   addition,  are  Jrht'of'takiS^ 
respectively  authorized  to  sell   the  right  of  taking  said   fish  in  fis^h.  °  ^^  '"^ 
said  brook  on  every  day  in  the  week,  Sundays  only  except- 
ed, and  the  purchaser  or    purchasers,  shall  have   the   same 
right  to  take  said  fish,  on  each  and  every  day  in   the  week, 
Sundays  excepted,  as  purchasers  had  under  said  act,   to  take  ^ 

them  on  Tuesdays,  Wednesdays,  and  Thursdays  ;  and  shall 
also  be  holden  by  all  the  restrictions  and  regulations  provided 
in  said  act. 

Sect.  2.  Be  it  farther  enacted.  That  if  any  person  living 
without  the  limits  of  the  county  of  Plymouth  shall  ofl;end 
against  the  provisions  of  this  act,  or  of  the  act  to  which  this 
is  in  addition,  any  Justice  of  the  peace  in  the  county  where 
such  person  lives  or  resides,  is  hereby  authorized  and  empow- 
ered to  take  cognizance  of,  hear,  and  determine  all  such  of- 
fences, in  the  same  manner  as  if  the  ofience  had  been  com- 
mitted within  the  county  for  which  he  is  a  Justice  of  the 
Peace. 

Sect.  3.  Be  it  further  enacted,  That  all  forfeitures  incur- 
red by  the  provisions  of  this  act,  shall  be  recovered  in  the 
manner  and  to  the  uses  specified  in  the  act,  to  which  this  is 
in  addition.     [March  3,  1 809.] 

An  Act  incorporating  Simon  Lamed  and  others  by  the   name  of  the  Pittsfield   rh^^    q-j 
Woollen  and  Cotton  Factory.  ^nap.  O^, 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Simon  Larned,  Elkanah  Walson,  Joshua  Danforth, 
James  D.  Colt.  jun.  Jared  Tngerso!,  Oren  Goodrich,  with  such  fci'scns  incor- 
others  as  already  have,  or  hereafter  may  associate  with  them,  l'"'''*^'^' 
their  successors  or  assigns,  be,   and   hereby  are   made  a  cor- 
poration by  the   name  of  The   Pittsfield   Woollen  and   Cotton 
Factory,  for  the  purpose  of  manufacturing  woollen  and  cotton 
in  the  town  of  Pittsfield,  and  for  that  puVpose   shall   have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  duties  and 
requirements  contained  in  an  act  passed  the  present  session  of 
this  Genera)  Court,  entitled  ■'  An  act  defining  the  general  pow-  isosch.  Go- 
ers and  duties  of  manufacturing  corporaeions. 

Sect.  2.     Be  il  further  enacted.  That  said  corporation  may 
be  lawfully  seized  and  possessed  of  such   real  estate,  not  ex- corporation  to 
ceeding  the  value  of  Thirty  thousand  dollars,  and  such  per-  hold  property. 

VOL.    IV.  28 


218 


1808. 


Chap.  84 — 86. 


Chap,  84. 

1807  ch.  67. 


Chap.  85. 


Persons  incor- 
porated. 


1808  ch.  65. 


Corporation 
to  hold  propei' 


Chqj.  86. 

1804  ch   68. 
(V.  3.  p.  501 


sonal  estate,  not  exceeding  the  value  of  Forty  five  thousand 
dollars,  as  may  be  necessary  and  convenient  for  carrying  on 
the  manufactory  of  woollen  and  cotton  in  the  said  town  of 
Pittsfield.     [jMarch  4,1809.'] 

An  Act,  in  addition  to  an   Act,  entitled,  "  An  Act  establishing  a   Corporation 
bj'  the  name  of  The  Social  Insurance  Company." 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  first  meeting  of  the  members  of  the  Social  In- 
surance Company  aforesaid,  may  be  called  and  held  in  the 
manner  prescribed  by  the  act  for  establishing  said  corporation, 
at  any  time  within  one  year  from  and  after  the  third  Monday 
of  April  next,  and  the  directors  chosen  at  such  first  meeting 
shall  continue  in  office  until  the  third  Monday  of  April  next, 
following  their  election,  and  until  others  shall  be  chosen,  and 
no  longer ;  and  thereafterwards  the  directors  of  said  compa- 
ny shall  be  chosen  annually  in  the  manner  prescribed  by  the 
said  act  for  establishing  the  said  corporation,  any  thing  in  the 
said  act  to  the  contrary  notwithstanding.  \_March  4,  1809.] 
Add.  act— 1813  ch.  167. 

An  Act  to  incorporate  Samuel  Jenks  and  others  by  the  name  of  The  Adams  Cot- 
ton and  Woollen  Manufactory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Coiirt  assembled,  and  by  the  authority  of  the 
same,  That  Samuel  Jenks,  Thomas  Jenks,  Jesse  Whipple,  John 
Bucklin,  Arthur  F.  Field,  John  Lapham,  Seth  Comstock,  Jo- 
siah  Quincy  Robinson,  Isaac  Brown,  Philip  Mason,  and  Charles 
Walker,  together  with  such  other  persons  as  already  have,  or 
may  hereafter  associate  with  them,  their  successors  and  as- 
signs, be,  and  hereby  are  made  a  Corporation  by  the  name 
of  the  Adams  Cotton  and  Woollen  Manufactory,  for  the  pur- 
pose of  manufacturing  Cotton  in  the  south  part  of  Adams,  in 
the  county  of  Berkshire,  and  for  this  purpose  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  duties 
and  requirements  contained  in  an  act  passed  the  present  ses- 
sion of  this  General  Court,  entitled  "  An  act  defining  the  gene- 
ral powers  and  duties  of  Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may 
be  lawfully  seized  and  possessed  of  such  real  estate  not  ex- 
ceeding the  value  of  Forty  thousand  dollars,  and  such  personal 
"  estate  not  exceeding  the  value  of  Sixty  thousand  dollars,  as 
may  be  necessary  and  convenient  for  carrying  on  the  manu- 
factory of  Cotton  and  Wool  in  the  south  part  of  Adams. 
[March  4.  1809.] 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  to  incorporate   certain  proprie- 
tors of  Meadow  lands  lying  on  Charles  River,  Stop  River,  and  Bogestow  Brook, 
within  the   towns  of  Medway,   Medfield,    and  Sherburne,  for   the    purpose   of 
)       draining  off  the  stagnant  waters,  and  for  better  improving  said  lauds. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  proprietors  of  certain  meadow  lands  mention- 
ed in  an  act,  entitled  "  An  act  to  incorporate  certain  proprie- 


1808. Chap.  86—87  219 

tors  of  meaflow  lands,  lying  on  Charles  River,  Stop  River, 
and  Bogestow  Brook,  within  the  towns  of  Medway,  Medfield, 
and  Sherburne,  for  the  purpose  of  draining  off  the  stagnant  persons  incor- 
water,  and  for  the  better  improving  said  lands,"  passed  on  the  porated. 
first  day  of  March  1805,  shall  be, "and  are  hereby  authorized 
and  empowered  to  dig  canals  and  dykes  at  such  places  on  and 
near  said  meadow  lands,  and  in  such  mode  and  extent  as  said 
proprietors  shall  deem  fit  and  necessary  to  drain  off  said  wa- 
ters, and  for  the  better  improvement  of  said  lands,  and  the 
said  proprietors  are  hereby  authorized  to  vote,  and  raise  mo- 
nies to  defray  the  expense  of  said  canals  and  dykes  in  the 
same  manner,  as  in  and  by  the  act  to  which  this  is  an  addi- 
tion, they  have  or  can  have  to  defray  other  expenses  to  ef- 
fect the  purposes  enumerated  in  said  act. 

Sect.  2.     Be  it  further  enacted,  That  the  said  proprietors  Proprietors  to 
shall  be  held  in  their  individual  capacity  to  pay  all   damage  P^y  damages, 
which  shall  be  sustained  by  any  person  or  persons  whose  land 
shall  be  taken,  broken,  and  appropriated,  by  said  proprietors 
in  digging  and  erecting  said  canals  and  dykes,  which  damage 
if  no  agreement  can  be  made,  shall  be  estimated  and  apprais- 
ed by  three  disinterested  and  discreet  free  holders  of  the  same 
county  where  the  land  lies,  which  Committee,  the  Justices  of  Justices  to  ap- 
the  Court  of  Common   Pleas  for  the  county  of  Norfolk,  are  P°^«»  «^°""°>t- 
hereby  authorized  to  appoint,  application  being  to  them  made 
for  the  same,  who  shall  be  sworn  faithfully  and   impartially  to 
appraise  the  said  land  and  damage,  and  who  shall  report  their 
doings  to  the  next  Court  of  Common  Pleas  which  shall  be  hol- 
den  in  said  county  after  thcj^  shall  have  made  their  appraise- 
ment, a  major  part  of  whom,  having  signed    said   report,  the 
said  court  may  proceed  to  accept  the  same,  which  report  when 
so  accepted  shall   be  final,  unless  either  of  said  parties  shall 
petition  said  court  for  a  Jury.     [March  4,  1 809.] 

An  Act  to  incorporate  Samuel   Kellog?  and   others  by  the  name  of  the  Hoosack  Chap,  87* 
Cotton,  Woollen  and  Linen  INIanufacloiy. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Samuel  Kellogg,  John  Waterman,  Marshall  Jones, 
Elihu  Wells,  James  Cummiiigs,  jun.  Richard  Knight,  and  Jere-  porated. 
miah  Colegrove,  together  with  such  other  persons  as  already 
have  or  may  hereafter  associate  with  them,  their  successors 
and  assigns,  be,  and  hereby  are  made  a  corporation  by  the 
name  of  the  Hoosack  Cotton,  Woollen  and  Linen  Manufactory, 
for  the  purpose  of  manufacturing  Cotton,  Woollen,  and  Linen, 
in  the  north  part  of  the  town  of  Adams,  in  the  county  of  Berk- 
shire, and  for  this  purpose  shall  have  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties  and  requirements  con- 
tained in  an  act  passed  the  present  session  of  this  General  1808  ch.  65. 
Court,  entitled,  "  An  act  defining  the  general  powers  and  du- 
ties of  manufacturing  corporations." 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may  corporation  to 
be  lawfully  seized  of  such  real  estate  not  exceeding  the  value  hold  prcp^ity. 
of  fifty  thousand  dollars,  and  such  personal  estate  not  exceed- 
ing the  value  of  seventy  five  thousand  dollars  as  may  be  no- 


220 


Chap.  88. 


Persons  incor- 
porated. 


1808. 


Chap.  88—89. 


180S  ch.  65. 


Corporation  to 
hold  property. 


Gkap.  89. 


Persons  incor- 
porated. 


1808  ch.  65. 


cessary  and  convenient  for  establishing  and  carrying  on  the 
manufactory  of  Cotton,  Woollen,  and  Linen  in  the  north  part 
of  Adams,  aforesaid.     [March  4,  1809.]      ^^ 

XiTA^T^uicorporatr  Abijah  Richardson  and  others,  by  the  name  of  the  Med- 
way  Cotton  Manufactory. 

Sect.  1.  BE  it  enacted  hy  the  Sevatc  and  House  of  Represen- 
tatlves.in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  Abijah  Richardson,  Luther  Metcalf,  Nathaniel  Miller, 
Comfort  Walker.  Philo  Sanford,  Lyman  Tiffany,  John  Black- 
burn, and  William  Felt,  together  with  such  other  persons  as  al- 
ready have,  or  may  hereafter  associate  Avith  them,  their  suc- 
cessors, and  assigns,  be,  and  they  hereby  are  made  a  corpora- 
tion, by  the  name  of  The  Medway  Cotton  Manufactory,  lor 
the  purpose  of  manufacturing  Cotton  at  Medway,  in  the  county 
of  Norfolk  ;  and  for  this  purpose,  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  and  requirements 
contained  in  an  act  passed  the  present  session  of  the  General 
Court,  entitled  "  An  act  defining  the  general  powers  and  duties 
of  manufacturing  corporations." 

Sect.  2.  Beit  further  enacted,  That  said  corporation  may 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value 
of  Fifty  thousand  dollars,  and  such  personal  estate,  not  ex- 
ceedino-  the  value  of  One  hundred  thousand  dollars,  as  may  be 
necessary  and  convenient  for  establishing  and  carrying  on  the 
Manufacture  of  Cotton,  at  Medway  aforesaid.  [March  4,  1809.] 

AiTIcTto  incorporate  William  VS^alker  and  others,   by  the  name   of  the   Lenox 
Cotton,  Woollen  and  Linen  Manufactory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  William  Walker,  Eldad  Lewis,  Levi  Belden,  Levi 
Hoyr,  Joseph  Tucker,  Isaac  Ellis,  Charles  Worthington,  Tully 
Crosby,  Ashbel  Hills,  David  Osborn,  Ezra  Blossom,  Origin 
Sabin=  Elijah  Thomas,  Asahel  Landers,  Elijah  Gates,  Daniel 
Collins,  Thomas  S.  Curtis,  Paul  Weller,  Gamaliel  B.  Whiting, 
Oliver  Belden,  jun.  Asher  Sedgwick,  Eteazer  Phelps,  Josiah 
Curtis,  Levi  Curtis,  Joseph  Abby,  SamuenYHght,  jun.  John  S. 
Smith,  Chauncv  Whittlesey,  Enos  Stone,  jun.  Stephen  Wells, 
Josiah  Newel^^Allen  Metcalf,  Caleb  Hyde,  Enos  Stone,  Ste- 
phen Wells,  jun.  Levi  Glezen,  John  G.  Stanley,  John  Bennet, 
John  Willard,  Daniel  Folliott,  Daniel  Williams,  jun.  Abner 
Bangs,  Gurdin  Hollister,  Henry  Taylor,  Samuel  Foster,  and 
WillTam  P.  Walker,  together  with  such  other  persons  as  al- 
ready have,  or  may  hereafter  associate  with  them,  their  suc- 
cessors and  assi2;ns,  be,  and  hereby  are  made  a  Corporation  by 
the  name  of  The  Lenox  Cotton,  Woollen  and  Linen  Manufac- 
tory, for  the  purpose  of  manufacturing  Cotton,  Woollen  and 
Linen  at  Lenox,  in  the  county  of  Berkshire ;  and  for  this  pur- 
pose shall  have  all  the  powers  and  privileges,  and  be  subject 
to  all  the  duties  and  requirements  contained  in  an  act  passed 
the  present  session  of  this  General  Court,  entitled  "An  act  de- 
fining the  general  powers  and  duties  of  manufacturing  corpo- 
rations." 


1808. Chap.  89^—91.  221 

Sect.  2.  Be  it  further  enacted^  That  said  corporation  may  Coiporation  to 
be  lawfuHj  seized  of  such  real  estate,  not  exceeding  the  value  i^oid  property. 
of  Filty  thousand  dollars,  and  such  personal  estate,  not  exceed- 
ing the  valae  of  One  hundred  thousand  dollars,  as  may  be  ne- 
cessa'-y  and  convenient  for  establishinc;  and  carrying  on  the 
manufactory  of  Cotton,  Woollen  and  Linen  at  Lenox  afore- 
said,    {^larch  4,  1809.] 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  to  remove   and  prevent  ob-    ChaP'  91* 
structinns  to  tlie  passage  of  Shad,  Alewive?  mid  other  fish,  in  Parker  River,  and    18Q5  (,|j^  75^ 
the  Falls  River,  so  called,  in  the  county  of  Essex,  and  the  Streams  and  Brooks 
running  into  the  said  Falls  River. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  theavthority  of  the  same^ 
That  no  person  or  persons  whatever,  be  allowed  from  and  af- 
ter the  passing  of  this  act,  to  catch  with  dip  nets  through  the 
ice  any  Bass,  Shad,  Alewives  or  other  fish  in  Parker  River,  Nottobetak- 
the  Falls  River,  so  called,  in  the  county  of  Essex,  and  the  ^^"e.'  "^""^ 
streams  and  brooks  running  into  the  said  Falls  River  and  in 
Rowley  River;  and  any  person  or  persons,  so  offending  shall 
forfeit  and  pay  for  each  offence  a  fine  not  less  than  five  dollars, 
nor  more  than  twenty  dollars,  at  the  discretion  of  the  court  be- 
fore whom  trial  shall  be  had,  according  to  the  aggravation  of 
the  offence. 

Sect.  2.     Be  it  further  enacted,  That  from    and   after   the 

passing  of  this  act,  no  person  or  persons  whatever  be  allowed 

to  take  by  seines   any  Bass,  Shad,  Alewives  or  other  fish  in 

Parker  River,  Rowley  River,  the  Falls  River,  and  streams  and  Nottobetak- 
1         1  •        •    .       I  -11-111        •  '      ■  •  I  •       I         en  with  seines, 

brooks  runnmg  into  the  said  talis  river,  exceptmg  withm  that 

part  of  Parker  river,  lying  more  than  seventy  rods  below  the 
Falls,  by  John  Lee's  manufactory,  and  any  person  or  persons 
so  offending  shall  forfeit  and  pay  for  each  offence  a  fine  not 
less  than  five  dollars  nor  more  than  twenty  dollars,  at  the  dis- 
cretion of  the  court  before  whom  trial  may  be  had,  according 
to  the  aggravation  of  the  offence. 

Sect.  3.  Be  it  further  enacted,  That  from  and  after  the 
passing  of  this  act,  no  person  or  persons  whatever  be  allowed 
to  catch  any  Bass,  Shad,  Alewives,  or  other  fish,  oftener  or 
more  than  two  days  in  a  week,  the  days  to  be  Monday  and 
Tuesday,  and  from  sunrise  on  Monday  mornins:  to  sunrise  on  '^''^"  to  ^^ 
Wednesday  morning.  And  if  any  person  or  persons  shall 
catch  any  Bass,  Shad,  or  Alewives  in  Parker  River,  the  Falls 
River,  and  streams  and  brooks  running  into  Falls  river,  and 
in  Rowley  river,  or  shall  drag  any  seine  or  drag  net,  or  set 
an}''  net,  or  use  any  other  machine,  for  the  purpose  of  catching 
any  of  the  said  fish  in  the  said  rivers  and  streams,  at  any  other 
time  or  place,  than  by  this  aet  is  allowed,  each  and  every  per- 
son so  offending  shall  forfeit  and  pay  for  each  offence  a  fine 
not  less  than  five  dollars,  nor  more  than  twenty  dollars,  at  the 
discretion  of  the  court  before  whom  trial  may  be  had,  accord- 
ing to  the  aggravation  of  the  offence,  and  the  seine,  net,  pot,  or 
other  machine,  shall  be  forfeited. 

Sect.  4.     Be  it  further  enacted,  That   from  and    after   the 
passing  of  this  act,  no  person  or  persons  whatever  shall  be  a^U 


taken. 


222 


180«. 


Chap.  91. 


Wot  to  be  tak- 
en within  six 
rods  of  a  dam. 


Committee  to 
be  cliosen. 


Fines. 


Committee  to 
pieet. 


Empowered. 


lowed  at  any  time  to  catch  by  seines,  nets,  pots,  or  any  other 
way,  any  Bass,  Shad,  Ale  wives,  or  other  fish,  within  six  rods 
of  any  mill  dam,  or  other  dams,  or  of  any  sluice  or  passage 
way,  through  or  by  any  mill  dam  or  other  dam  that  is  or  may 
be  made  across  the  said  rivers  and  streams,  or  shall  place  any 
obstructions  in  the  said  sluice  or  passage  ways  in  the  said 
rivers  and  streams,  and  each  and  every  person  so  ofiending 
shall  for  each  offence  forfeit  and  pay  a  fine  not  less  than  five 
dollars,  nor  more  than  twenty  dollars,  at  the  discretion  of 
the  court  before  whom  trial  may  be  had,  according  to  the  ag- 
gravation of  the  ofience. 

Sect.  5.  Be  it  further  enacted^  That  the  several  towns  of 
Newbury,  Rowley,  and  Boxford,  shall  at  their  annual  meetings 
for  the  choice  of  officers,  respectively  choose  by  ballot,  a  com- 
mittee of  three  persons  in  each  town,  whose  duty  it  shall  be 
jointly  and  severally  to  carry  into  effect  the  provisions  of  this 
act,  and  the  act  to  which  this  is  an  addition  ;  and  the  said  com- 
mittee before  they  enter  on  the  execution  of  their  office,  shall 
be  sworn  to  the  faithful  and  impartial  discharge  of  their  duty, 
in  the  same  manner  as  other  town  officers  are  sworn,  and  when 
so  sworn  they  shall  have  power  to  pursue,  and  are  hereby  au- 
thorized to  pursue  and  execute  the  duties  of  their  said  office 
on  any  part  of  the  aforesaid  rivers  and  streams  within  either 
of  the  aforesaid  towns. 

Sect.  6.  Be  it  further  enacted,  That  all  fines  and  forfeitures 
incurred  by  a  breach  of  this  act,  may  be  sued  for  and  re- 
covered in  any  court  proper  to  try  the  same,  one  moiety  there- 
of to  him  or  them,  who  may  sue  and  prosecute  for  the  same, 
the  other  moiety  to  the  use  of  the  towns  of  Newbury,  Rowley 
and  Boxford. 

Sect.  7.  Be  it  further  enacted.  That  the  said  committee,  cho- 
sen as  aforesaid,  shall  meet  at  the  lower  dam  on  the  Falls  riv- 
er, in  Newbury,  near  John  Lee's  manufactory,  on  the  third 
Monday  in  May  annually,  at  ten  o'clock  in  the  forenoon,  and 
shall  meet  at  such  other  times  and  places  within  each  year  as 
the  committee  may  find  necessary,  and  at  such  meetings  the  ma- 
jority of  the  committee  present  shall  have  the  power  of  the 
whole  committee. 

Sect.  8.  Be  it  further  enacted,  That  the  said  committee,  at 
their  meetings  in  manner  aforesaid,  are  hereby  authorized  and 
empowered  to  order  and  direct  from  time  to  time,  such  altera- 
tions as  may  to  them  appear  necessary  in  the  several  sluice  or 
passage  ways,  provided  by  the  act  to  which  this  is  in  addition, 
and  any  owner  or  occupant  of  any  mill  dam  or  other  dam 
across  any  of  the  said  rivers  and  streams,  who  shall  neglect  to 
make  the  alterations  in  the  said  sluice  or  passage  way,  and 
cause  the  same  to  be  kept  open  and  daily  supplied  with  water, 
as  directed  by  the  committee,  from  the  fifteenth  day  of  April 
to  the  first  day  of  June,  annually,  after  being  duly  notified  by 
the  committee,  shall  forfeit  and  pay  for  each  offence  the  same 
fine  and  in  the  same  manner  as  is  provided  for  a  similar  offence 
by  the  Act  to  which  this  is  an  addition.  [March  4,  1809.]  Fur- 
ther act— 1812  ch,  106. 


1808. Chap.  94—9.5.  223 

An  Act  to  alter  the  times  allowed  by  law,  for  taking  Fish  in  the  mouth  of  Concord    (^Ji^n,  94, 
river. 

BE  it  enacted  hy  the  Senate  and  House  of  Representatives^  in  Gen- 
eral Court  assembled,  and  hy  the  authority  of  the  same,  That  from 
and  after  the  passing  this  Act,  it  shall  and  may  be  lawful,  to 
take  Salmon,  Shad,  and  Alewives,  in  the  mouth  of  Concord  riv-  ^^^^^  °'^  *  '"^ 
er,  on  Monday  and  Tuesday  in  each  week,  from  sunrise  on 
Monday  morning  to  sunrise  on  Tuesday  morning,  and  at  no  oth- 
er times  :  Provided,  that  such  fish  shall  be  taken  within  the  li- 
mits prescribed  in  and  by  an  Act,  passed  on  the  fourth  day  of 
March,  one  thousand  seven  hundred  and  ninety,  entitled  "  An  Vy^-^^'^Wl^) 
Act  to  regulate  the  catching  of  Salmon,  Shad,  and  Alewives,  ^  '  ''^' 
and  to  prevent  obstructions  in  Merrimack  river,  and  the  other 
rivers  and  streams  running  into  the  same,  within  this  Common- 
wealth, and  for  repealing  several  Acts,  heretofore  made  for  that 
purpose."  And  whoever  shall  take  any  of  the  said  fish  at  any 
other  time  without  the  limits  aforesaid  shall  be  subject  to  the 
same  forfeitures  and  penalties,  to  be  recovered  and  appropri- 
ated in  the  same  manner  as  in  said  Act  is  provided  for  similar 
breaches  thereof.     [March  4,  1809.] 

An  Act  declaring  and  confirming  the  incorporation  of  the  proprietors  of  the  Meet-    C/lfl/J.  95. 
ing  house  in  HoUis  street,  in  the  town  of  Boston. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  all  persons  who  now  are,  or  may  hereafter  be,  the  pro- 
prietors of  the  pews  in  the  Congregational  meeting  house,  situ-  incorporation 
ate  in  Holiis  street,  in  Boston,  be,  and  they  are  hereby  declar-  declared  and 
ed  and  confirmed  to   be,  a  body  politic  and  corporate,  by  the  confirmed. 
name  of  the  Proprietors  of  the  Meeting  House  in  Holiis  street. 
And  the  said  corporation   shall  be,  and  are  hereby  deemed  in 
law  to  be  seized  of  the  same  meeting  house  with  the  lands  un- 
der, adjoining,  and  belonging  to  the  same,  with  all  the  privileges 
and  appurtenances  belonging  thei-elo,  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  it  further  enacted,  That  the  said  proprietors  shall 
meet  annually  at  the  said  meeting  house,  or  at  such  other  place 
as  their  committee  may  appoint,  on  the  first  Monday  of  Septem- 
ber, and  at  such  other  times  as  they  may  be  duly  notified  in 
manner  hereafter  provided — and  at  said  annual  meeting,  after 
having  chosen  a  moderator,  shall  choose  a  clerk,  who  shall  be  (<^^Q■^^Q  of  olVi- 
sworn  to  the  faithful  discharge  of  the  duties  of  his  office,  and  it  cers. 
shall  be  his  duty  to  record  all  the  votes  and  all  the  proceedings 
of  the  said  proprietors  ;  also  shall  choose  a  treasurer,  and  com- 
mittee consisting  of  three  persons,  and  also  two  other  persons 
shall  be  chosen  as  assessors,  to  be  occasionally  joined  with  the 
said  coinraittee  to  form  a  board  of  five  assessors,  for  the  pur- 
pose of  laying  nssessments  as  is  hereinafter  provided  ;  who  shall 
continue  in  office  for  one  year,  and  until  others  are  chosen  in 
their  room  :  Provided  kozcever,  if  from  any  cause,  the  said  an-  Proviso, 
nual  meeting  should  not  be  holden,  then  the  said  officers  may 
be  chosen  at  any  other  meeting,  duly  notified  for  that  purpose 
— and  the  said  committee  shall  notify  any  meeting  of  the  pro- 


224 


1808. 


Chap.  95. 


prietors  by  causing  a  printed  notification  stating  the  business  of 
said  meeting,  to  be  delivered  to  each  proprietor  or  left  at  his 
dwelling  house  three  days  at  least  before  such  meeting,  or  by 
leaving  the  notification  in  the  pew  of  such  proprietor,  should  a 
day  of  public  worship  intervene. 

Sect.  3.  Be  it  further  enacted,  That  the  proprietors  aforesaid 
Empowered.  shall  be,  and  they  hereby  are  authorized  to  repair  their  meet- 
ing house,  and  to  enlarge  the  same  ;  or  to  take  down  their  pre- 
sent meeting  house,  and  to  erect  a  new  one  ;  and  also  to  build 
a  parish  house  for  their  minister  on  their  parish  land  ;  or  to  sell 
a  portion  of  their  said  land,  and  to  purchase  or  build  a  parish 
house  on  other  ground,  and  to  hold  real  and  personal  estateby 
donation  or  purchase,  to  the  amount  of  fifty  thousand  dollars, 
for  the  purpose  of  a  ministerial  house,  witli  suitable  accommo- 
dations ;  and  also  for  such  purpose  as  any  donor  or  testator 
may  prescribe  ;  which  amount  siiall  be  over  and  above  the  va- 
lue of  their  house  for  public  worship.  And  said  proprietors  are 
also  authorized,  and  hereby  empowered  from  lime  to  time,  to 
make  such  repairs,  and  to  raise  such  sums  of  money  as  they 
may  find  necessary  for  the  maintenance  and  support  of  the  pub- 
lic worship  of  God,  and  for  other  parochial  and  incidental  char- 
ges. And  the  said  proprietors  shall  be  entitled  to  alUhe  rights 
they  have  heretofore  enjoyed,  and  shall  be  bound  by  all  the 
contracts  they  have  heretofore  entered  into. 

Sect.  4.  Be  it  further  enacted,  That  all  monies  voted  to  be 
Ofa^sessmentf.  raised  by  said  proprietors  for  the  purposes  aforesaid,  shall  be 
assessed  by  the  said  committee  and  assessors  jointlj',  or  by  the 
major  part  of  them,  upon  the  several  proprietors  of  the  pews 
according  to  the  relative  value  of  said  pews,  regard  being  had 
to  their  situation  and  convenience  according  to  the  best  judg- 
ment and  discretion  of  said  commitlee  and  assessors  ;  and  they 
shall  make  out  a  list  of  such  assessments  stating  the  number  of 
the  pew,  the  name  of  the  proprietor,  and  the  instalment  or  in- 
stalments by  which  the  payment  or  payments  shall  be  made, 
and  deliver  the  same  to  the  clerk,  who  shall  charge  each  pro- 
prietor with  such  assessment;  and  the  clerk  shall  make  out  a 
bill  against  each  proprietor,  and  deliver  the  bill  to  the  commit- 
tee, whose  duty  it  shall  be  to  apply  ibr,  and  collect  such  as- 
sessments ;  and  the  committee  shall  from  time  to  time  inform 
the  clerk,  the  amount  they  collect  fi'om  each  proprietor,  and 
the  clerk  shall  credit  such  proprietor  therewith  ;  and  all  assess- 
ments and  monies  so  collected  shall  be  paid  by  the  committee 
into  the  hands  of  their  treasurer,  subject  to  the  order  of  the 
chairman  of  said  committee  for  the  discharge  of  the  parish 
debts  of  said  proprietors. 

Sect.  5.  Be  it  further  enacted,  That  all  the  proprietors  of 
pews  in  the  meeting  house  aforesaid,  shall  hold  their  pews  un- 
der their  respective  dt^^eds,  and  the  pews  shall  be  considered 
personal  estate  ;  and  whereas  the  ueaccns  of  che  church  usu- 
ally assembhng  for  public  worship  in  said  meenng  house  for 
the  time  being,  have  heretofore  been  the  committee  to  sign  all 
the  deeds  of  pews  in  said  raeetmg  house, so  shaii  they  continue 
to  be  the  committee  for  that  purpose  ;  and  ihcy  shall  caiivey 


Ili08.  —  Chap.  95—97.  225 

fey  deed  a  pew  to  one  (and  no  more  than  one)  person  to  be  the 
owner  and  proprietor  thereof  at  the  same  time  ;  and  if  any  pro- 
prietor shall  neglect  to  pay  his  or  her  tax,  or  assessment  on  his 
or  her  pew,  for  the  space  of  nine  months  or  be  in  arrears,  the  ^^'^'* 
committee  shall  be,  and  hereby  are  authorized  to  advertise  the 
pew  of  such  delinquent  proprietor  for  sale,  for  the  space  of 
three  weeks,  in  one  of  the  public  newspapers  printed  in  Boston  ; 
and  then,  if  all  the  arrears  are  not  paid,  to  sell  the  same  at 
public  auction  to  the  highest  bidder,  and  deduct  all  such  ar- 
rears, with  the  cost  of  sale,  and  pay  over  the  balance,  if  any 
there  be,  to  the  said  proprietor  ;  and  any  proprietor,  his  or  her 
heirs,  on  leaving  the  meeting  house,  shall  first  ofter  their  pew 
to  the  deacons  and  committee  aforesaid,  that  the  committee  may 
purchase  the  same  ;  and  if  the  committee  neglect  to  purchase 
such  pew  for  the  space  of  thiriy  days,  then  the  proprietor  is  at 
liberty  to  sell  said  pew  at  his  or  her  pleasure,  to  one  person 
only :  Provided,  all  arrears  due  thereon  are  first  paid  ;  and  all  Proviso, 
deeds  and  transfers  of  said  pews  shall  be  recorded  by  the 
clerk. 

Sect.  6.  Be  it  further  enacted.  That  William  Brown,  Benja- 
min Bussey  and  Benjamin  Goddard.  or  any  two  of  them,  may  Meetings, 
cause  the  first  meeting  of  the  proprietors  to  be  called  for  the 
purpose  of  choosing  the  officers  of  the  said  corporation,  and  for 
any  other  purpose  specified  in  the  notification  :  the  meeting  to 
be  notified  in  such  manner  as  is  provided  in  and  by  the  second 
section  of  this  Act ;  and  it  shall  be  legal  for  their  present  offi- 
cers and  committee  to  continue  in  office  until  others  are  chosen 
by  virtue  of  this  Act.     [March  4,  1809.] 

An  Act  to  incorporate  the  proprietors  of  Cambridge  Port  Manufactory.  Chap.  96. 

Sect.  1 .  BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Rufus  Davenport,  Henry   Hill,  Samuel  May,  Elijah  Da-  Persons  incor- 
venport,  Pliny  Cutler,  and  such  other  persons   as  may  hereaf-  porated. 
ter  associate  with   them,  their  successors  and    assigns,  be,   and 
hereby  are  made  a  corporation  by  the  name  and  style  of  Cam- 
bridge Port  Manuf;iciory,  for  the  purpose  of  manufacturing  Cot- 
ton, and  Sea  Salt,  in  Cambridge  Port,  in  the  county  of  Middle- 
sex, and  for  this  purpose  shall  have  all   the  powers  and   privi- 
leges, and  be  subject  to  all  the  duties  and  regulations  contain- 
ed in  an  Act  passed  the  present  session  of  this  General  Court, 
entitled  ^' An  Act  defining  the  general  powers  and  duties  of  Ma-  i808ch.65. 
nufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may  take  Corporation  to 
and  hold  real  estate,  not  exceeding  the  value  of  fifty  thousand  '^°''^  pioperty. 
dol'ars,   and   personal   estate,   not  exceeding  the  value  of  two 
hundred  thousand  doll-irs,  for  the  purposes  of  establishi-ig  and 
carrying  on  the  manufactory  of  cotton  and  salt,  in  Cambridge 
Port  aforesaid.     [March  4,  1809.]     Add.  act— 1812  ch.  147. 

An  Act  to  alter  the  names  of  tftrtain  persons  therein  mentioned.  Chop.  97. 

BE  it  enacted  by  the  Senate  and  House  nf  R.-presnifnlives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same,  That  from 
VOL.  IV.  29 


226  1808.- Chap.  97—100. 

and  after  the  passing  of  this  Act,  Joseph  Clark  of  Boston,  in  the 
county  of  Suffolk,  shall  be  allowed  to  take  the  name  of  Joseph 
Dvar  Clark,  that  Joseph  Newell  of  Boston   aforesaid,  shall   be 
allowed  to  take  the  name  of  Joseph  Reynolds  Newell ;  that  Da- 
niel Parker  of  Boston  aforesaid,  shall  be  allowed  to  take  the 
name  of  Daniel    Pinckney  Parker,  that  William  Hayes  of 
Charlestown,  in  the  county  of  Middlesex,  shall  be  allowed  to 
take  the  name  of  William  Allen  Hayes,  that  William  Hales 
(otherwise  Littlehale)  of  Gloucester  in   the  county  of  Essex, 
shall  be  allowed  to  take  the  name  of  William  Hales ;  that  Mi- 
cajah  Marston  of  Salem,  in  the  county  of  Essex,  shall  be  allow- 
ed to  take  the  name  of  Morrill  Marston  ;  that  Charles  Curtis  of 
.   Roxbury  in  the  county  of  Norfolk,  shall  be  allowed  to  take  the 
name  of  Charles  Dormer  Curtis  ;  that  Richard  Williamson  of 
Dedham  in  the  county  of  Norfolk  shall  be  allowed  to  take  the 
name  of  Richard  Leland  ;  that  Bille  Metcalf  of  Frankhn  m  the 
county  of  Norfolk  shall  be  allowed  to  take  the  name  of  William 
Haven  Metcalf;  that  Asa  Bly,  and   Elizabeth  Bly   (otherwise 
both  called  Tripp)  both  of  Westport,  in   the  county   of  Bristol 
shall  be  allowed  to  take  the  names  of  Asa  Bly,  and   Elizabeth 
Bly,  that  Josiah  Linkhornew,  Joshua  Linkhornew,  Dawson 
Linkhornew,  Doane  Linkhornew,  Andrew  Linkhornew,  and  Jo- 
seph Linkhornew,  all  of  Eastham  in  the  county  of  Barnstable, 
shall  be  severally  allowed  to  take  the  names  of  Josiah  Lincoln, 
Joshua  Lincoln,  Dawson  Lincoln,  Doane  Lincoln,  Andrew  Lin- 
coln, and  Joseph  Lincoln  ;  that  Joseph  Pierce  the  second,  of 
Dorchester  in  the  county  of  Norfolk,  (son  of  Joseph  Pierce   of 
Boston  in  the  county  of  Suffolk,  Esq.)  shall  be  allowed  to  take 
the  name  of  Joseph  H.  Pierce  ;  that  M'Gregoire  Burnside  of 
Charlestown' in  the  county  of  Middlesex,  shall  be  allowed  to 
take  the  name  of  Samuel  M.  Burnside  ;  that  Susannah  Alexan- 
der, of  Charlestown  in  the  county  of  Middlesex,  single  woman, 
shall  be  allowed   to  take   the   name  of  Susanna   Fowle  ;  that 
George  Smith  the  fifth  of  Salem,  in  the  county  of  Essex,  shall 
be  allowed  to  take  the  name  of  George  Campbell  Smith ;  and 
that  Joseph  Wingate  of  Bath,  in  the  county  of  Lincoln,  shall  be 
allowed  to  take  the  name  of  Joseph  Ferdinand  Wingate.     And 
each  of  the  persons  before  named,  shall  be   severally   allowed 
to  assume  the  said  names  respectively,  and  they  shall  in  future 
be  called  and  known  by  the  said  names,  and  the  sanle  names 
shall  hereafter  be  considered  as  their  only  proper  names  to  all 
intents  and  purposes.     [March  4,  1809.] 

Chap.  100.      An  Act  in  addition  to  tiie  Act,  entitled,  "  An  Act  to  incorporate  tlie  proprietors 
1797  ch.  77.  of  Mills  on  Mill  Creek,  in  Dedham,  and  Neponset  River,  in  Dorchester  and 

(V.  2.  p.  226.)         Milton. 

Sect.   1.     BE  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  in  addition  to  the  other  provisions  necessary  for  the 
Notice  of  meet,  calling  of  a  legal  meeting  of  said  proprietors,  the  notification 
ing.  for  such  meeting  shall  in  future* be  published  in  the  newspa- 

pers printed  in  Boston  by  the  printers  to  the  General  Court, 
for  the  time  being  instead  of  the  Massachusetts  Mercury,  four- 
teen days  at  least  before  the  time  for  holding  such  meeting,  and 


1808. Chap.  100.  227 

at  such  meeting,  it  shall  be  lawful  for  said  proprietors  to  choose 
in  addition  to  the  officers  which  by  the  act  aforesaid  they  have 
now  the  right  to  choose,  assessors,  collector,  or  collectors  of 
taxes,  and  treasurer,  who  shall  be  sworn  to  the  faithful  dis- 
charge of  the  trust  reposed  in  them,  and  shall  continue  to  serve 
until  others  are  chosen  and  sworn  in  their  room,  which  may 
be  as  often  as  said  corporation  shall  judge  necessary,  which 
officers  chosen  and  sworn  as  aforesaid,  shall  have  the  same 
power  to  perform,  execute,  and  carry  into  effect,  any  vote  or 
order  of  the  said  corporation,  as  town  officers  of  like  descrip- 
tion have  by  law  to  do  and  perform  in  their  respective  offices. 
And  said  corporation  shall  at  any  legal  meeting,  called  for  that 
purpose,  have  power  to  vote  and  raise  money  for  the  purposes 
of  removing  and  clearing  out  the  obstructions  in  Mill-Creek, 
and  for  giving  a  free  and  natural  course  to  the  waters  of  said 
creek,  and  .all  monies  which  may  be  voted  to  be  raised  as 
aforesaid,  shall  be  assessed  upon  each  proprietor  of  the  Mills,  and  Assessments, 
Mill  privileges  situate  on  the  streams  aforesaid  in  proportion  to 
the  value  of  his  or  her  property  in  said  Mills  and  Mill  privi- 
leges; and  if  any  proprietor  shall  refuse  or  neglect  to  pay  the 
sum  or  sums,  assessed  upon  him  or  her  as  afoi-esaid,  after  six- 
ty days  notice,  so  much  of  said  proprietor's  Mill  or  Mills,  Mill 
rights,  or  privileges,  shall  be  sold,  as  will  be  sufficient  to  pay 
the  same,  together  with  legal  costs,  in  the  same  way  and  man-  * 
ner  as  non-resident  lands  in  this  Commonwealth  are  sold  to 
pay  town  taxes. 

Sect.  2.  Be  it  further  enacted.,  That  the  removing  and  Removing  ob- 
clearing  out  the  obstructions  aforesaid,  shall  be  done  and  per-  ^tructions. 
formed  under  the  immediate  direction  of  such  commissioners 
as  shall  be  appointed  by  the  Supreme  Judicial  Court,  in  the 
same  way  and  manner  as  commissioners  of  sewers  may  be  ap- 
pointed agreeably  to  an  act  of  the  Legislature  of  this  Common- 
wealth passed  in  the  year  of  our  Lord,  one  thousand  seven 
hundred  and  ninety-six  ;  and  the  Supreme  Judicial  Court,  are 
hereby  authorized  and  empowered,  upon  application  from  said 
corporation,  or  from  their  committee,  which  may  be  appointed 
for  that  pui'pose,  to  appoint  not  less  than  three,  nor  more  than 
five  suitable  persons  to  be  commissioners  for  the  purpose  afore- 
said ;  who  shall  be  sworn  to  the  faithful  discharge  of  the  trust 
reposed  in  them  ;  and  said  commissioners,  when  appointed  and 
sworn  as  aforesaid,  shall  carefully  attend  to,  and  inspect  all 
the  digging  and  removing  the  obstructions  in  said  Mill-Creek, 
and  particularly  to  see  that  the  waters  shall  be  disposed  of  in 
such  a  way  and  manner,  as  shall  least  injure  the  proprietors  of 
the  Mills  in  said  Mill-Creek,  and  those  on  Charles  River 
stream,  and  also  shall  consider  and  determine  upon  the  just 
and  equal  proportion  of  water,  which  shall  run  out  of  said 
Charles  .River  down  said  Mill-Creek  stream,  for  the  accommo- 
dation of  the  Mills  on  said  Creek,  which  proportion  shall  be 
determined  upon  according  to  the  quantity  of  water,  the  said 
Charles  River  shall  afford,  and  the  privileges  the  proprietors 
of  Mills  have  heretofore  enjoyed,  as  well  on  said  Mill-Creek, 
as  on  Charles  River  ;  and  the  said  commissioners  shall  fix  and 


228 


1809. 


Chap.  1. 


Boundaries. 


Commissioners 
appointed. 


Chap.  1. 


Persons  incor- 
porated. 


Corporation 
empowered  to 
hold  real  es- 

iRte. 


establish  such  permanent  boundnries  in  said  Charles  River, 
as  will  secure  the  proportion  of  water  which  they  may  deter- 
mine shall  run  that  way. 

Sect.  3.  Be  it  further  enacted,  That  after  the  said  commis- 
sioners shall  have  determined  and  fixed  the  permanent  boun- 
daries in  said  Charles  River,  any  person  or  persons  who  shall 
remove,  or  cause  to  be  removed,  or  alter  the  said  permanent 
boundaries,  or  shall  be  aiding  and  abetting  therein,  except  by 
the  orders  of  said  commissioners,  shall  forfeit  and  pay  to  the 
said  corporation,  a  sum  not  exceeding  five  hundred  dollars,  to 
be  recovered  by  said  corporation  in  an  action  of  debt  brought 
before  any  court  within  this  Commonwealth  competent  to  try 
the  same. 

Sect.  4.  Provided  always,  apA  he  it  further  enacted.  That 
whenever  application  shall  be  made  to  the  Supreme  Judicial 
Court,  for  the  appointment  of  commissioners,  in  virtue  of  the 
second  section  of  this  act,  in  such  case,  it  shall  be  the  duty  of 
said  court,  to  appoint  the  same  persons  who  have  been  appoint- 
ed commissioners  on  the  application  of  the  proprietors  of 
Charles  River  Meadows,  if  any  such  commissioners  shall  at 
the  time  of  such  application  be  in  office.     [jMarch  4,  1809.] 

An    Act    incorporating  the  First  Congregational  Society  in  the  lown  of  lyring- 
ham. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Adonijah  Bidwell,  Azariah  Orton,  Eli  Picket, 
John  Rewce,  John  Jackson,  Ebenezer  Jackson,  Ebenezer 
Chadwick,  Benjamin  Griffin,  Ebenezer  Rewce,  John  Heath, 
Elisha  Taylor,  Alvan  Taylor,  Lystra  Taylor,  Elijah  Fowler, 
Zadock  Rewce,  Josiah  Brewer,  jun.  Roswell  Richards,  Miller 
Peck,  Benjamin  Warren,  jun.  Isaac  Brewer,  Jonas  Brewer,  Jo^ 
seph  Chapin,  Josiah  Hale,  Nathan  Hale,  Lemuel  Townshend, 
Josiah  Brewer,  Daniel  Brewer,  Nathan  Merriam,  Joshua 
Brewer,  John  Brewer,  John  Langdon,  Amasa  Curtis,  Darius 
Stebbens,  Charles  Jackson,  Jesse  Langdon,  Zebina  Curtis, 
Salalhiel  Hale,  Isanc  Harmon,  Noah  Allen,  Abigail  Hale, 
Amasa  Curtis,  jun.  Thankful  Brewer,  Amos  Langdon,  Moses 
Bradley,  Joseph  Avery,  Elisha  Garfield.  Daniel  Garfield,  San- 
ford  Gleason,  Manasseh  Fairbanks,  Stephen  Brookins,  Penuel 
Hobbs,  Samuel  Townshend,  Asa  Bigelow,  Samuel  Tibbals, 
John  Bentley,  Jedidiah  Chapin,  and  Elijah  Walter,  be,  and 
liereby  are  incorporated  into  a  society,  by  the  name  of  The 
First  Conajregational  Society,  in  the  town  of  Tyringham,  sub- 
ject to  the  duties  and  obligations  hereinafter  mentioned,  and 
vested  with  the  powers,  privileges  and  immunities  hereinafter 
specified,  and  all  others  which  are  common  to  other  religious 
societies. 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation 
maj^  take  and  hold  real  and  personal  estate,  not  exceeding  at 
any  time  the  value  of  ten  thousand  dollars  in  the  whole,  the 
income  of  which  shall  be  applied  to  the  support  of  a  Congrega- 
tional Teacher  of  piety,  religion  and  morality,  in  the   south 


1809. -Chap.  1.  229 

part  of  said  town  of  Tyringbam,  forever  ;  and  if  it  shall  V>e 
more  than  sufficient  for  that  purpose,  the  surplus  shall  be  ap- 
plicable to  repairs  of  their  meeting  house,  or  such  other  pious 
uses  as  the  said  society  shall  direct,  but  the  trustees  thereof 
shall  not  receive  any  compensation,  to  be  paid  out  of  said  fund 
for  their  services. 

Sect.  3.     Be  it  further  enacted,    That  the  said  society  may  cierk  and  tr«a- 
at  their  first  meeting,  to  be  called  in  the   manner  hereinafter  surer. 
provided  for,  and  at  their  annual  meeting  to  be  holden  on  the 
first  Monday  of  January,  every  year,  appoint  a  clerk  and   a 
treasurer,  to  be  sworn  to  a  faithful  discharge  of  the  duties  of  To  be  sworn, 
their  respective  offices,  and  any  number  of  trustees  not  exceed- 
ing seven,  whose  duty  it  shall  be  to  manage  the   fund,  and  the  Trustees, 
prudential  concerns  of  said  society  ;  and  it  shall  be  the  duty  ^ 

of  the  treasurer  to  prosecute  or  defend  any  action  in  the  nanie 
and  behalf  of  said  society;  and  at  any  future  meeting,  lawfully 
called  and  warned  for  that  purpose,  the  said  society  may  dis- 
miss any  of  their  said  officers  and  supply  any  vacancy,  occa- 
sioned by  such  dismissal,  or  by  death,  or  otherwise,  and  may 
also  appoint  any  other  officers  which  they  shall  judge  neces- 
sary or  proper  to  effectuate  the  purposes  of  their  incorpora- 
tion. 

Sect.  4.  Be  it  further  enacted,  That  the  said  society  be,  powers  of  tiic 
and  hereliy  are  empowered,  to  recover  and  receive  the  sums  corporation. 
of  money  respectively  subscribed  for  the  use  of  said  society, 
before  this  act  of  incorporation,  by  the  several  persons  hereby 
incorporated,  according  to  the  terms  of  the  subscription,  and  to 
take  security,  either  real  or  personal,  for  the  same,  condition- 
ed that  if  the  interest  be  paid  annually  on  or  before  the  first 
Monday  of  Janiiary  every  year,  the  principal  shall  not  be  cal- 
led for  within  fifteen  years,  except  at  the  request  of  a  surety, 
or  when  in  the  judgment  of  the  trustees  the  security  shall  be 
insufficient,  in  which  cases  the  principal  may  be  demanded  and 
collected  at  any  time  ;  and  the  principal  as  well  as  interest 
shall  be  received  whenever  tendered  to  the  treasurer  of  said 
society. 

Sect.  5.  Be  it  further  enacted.  That  the  said  society  may 
obtain  and  receive  further  subscriptions  and  donations,  provid- 
ed their  whole  fund  shall  not  exceed  ihe  aforesaid  amount  of 
ten  thousand  dollars,  and  may  by  vote  admit  other  subscri- 
bers and  the  heirs  of  subscribers  to  be  members  of  the  said  so^ 
ciety. 

Sect.  6.  Be  it  further  enacted.  That  each  member  of  the 
said  society,  and  no  other  person,  shall  be  entitled  to  vote  in 
their  meetings. 

Sect.  7.     Be  it  further  enacted^   That  any  three  of  the  per-  Th^ee persons 
sons,  hereby  incorporated,  may  call  a  meeting  of  the  said  so-  may  call  meet- 
ciety,  to  be  holden  at  such  time  within   three  months,  and   at  '"^' 
such  place  within  said  town  of  Tyringham,  as  they  may  judge 
most  convenient,  by  posting  up  notifications  of  the  time,  place 
and  purposes  of  said  meeting,  in  two  or  more  public  places  in 
said  town,  fourteen  days  at  least  before  the  time  of  holding  the 


scribed. 


230  1809. C::hap.  1—3. 

same,  at  which  meeting  the  said  society  may  establish  the 
mode  of  calling  and  warning  future  meetings. 
Records  sub-  Sect.  8.     Be  it  further  enacted^  That  the  books  of  record 

ject  to  inspec-  and  of  account  of  the  said  society,  shall  be  laid  before  them  at 
g\°"ature/    ^'  ^^eir  meetings  on  the  first  Monday  of  January  annually,  by  the 
clerk  and  treasurer,  and  shall  at  all  times  be  open  to  the  in- 
spection «f  the  Legislature,  or  any  committee  appointed  for 
'    that  purpose  by  the  Legislature,  as  well  as  of  the  trustees  or 
committee  of  said  society.     [June  16,  1809.] 

KyhUp*  3»  An  Act  to  establish  the  dividing  line   between  the  Parish  of  Byfield  on  one  part, 

and  the  first  and  third  Parishes  in  Newbury,  and  the  East  Parish  in  Bradford, 
on  the  other  part. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled^  and  by  the  authority  of  the 
Boundaries de-  same.  That  from  and  after  (he  passing  this  act,  the  following 
boundaries  according  to  their  courses  shall  constitute,  and  are 
hereby  established,  as  the  dividing  line  between  the  Parish  of 
Byfield  on  one  part,  and  the  first  and  third  Parishes  in  New- 
bury, and  the  east  Parish  in  Bradford  on  the  other  part,  viz. 
beginning  at  the  Bound  tree,  between  Bradford  and  Rowley, 
by  the  second  Parish  in  said  Rowley,  thence  north  eighty-four 
degrees  east,  thirty-eight  rods  and  eighteen  links,  thence  east 
fifty-one  rods,  thence  north  sixty-five  degrees  east,  one  hundred 
and  fifty  rods,  thence  north  seventy-eight  degrees  east,  one 
hundred  and  eight  rods,  thence  north  forty-five  degrees  west, 
one  hundred  and  forty  three  rods  to  Beaver  Brook  (so  called) 
by  the  bounds  of  the  third  parish  in  Newbury  aforesaid  ;  thence 
north  thirty-six  degrees  east,  one  hundred  and  sixty-six  rods, 
by  said  third  parish  in  Newbury  to  the  road  leading  from 
Crane  Neck  (so  called)  to  Pearson's  mills  in  Byfield,  thence 
the  course  of  said  road  south  seventeen  degrees  east,  forty 
rods,  thence  continuing  on  said  road  north  eighty-three  de- 
grees east,  twenty-one  rods,  thence  south  thirty-seven  degrees 
east,  on  said  road  twenty-six  rods  to  land  of  Amos  Dole  on 
the  easterly  side  of  said  road,  thence  south  seventy-five  de- 
grees east,  sixty-four  rods  to  the  corner  of  Deacon  Joseph 
Hale's  wood  lot,  thence  south  forty-five  degrees  east  on  the 
easterly  side  of  said  Hale's  wood  lot,  eighty-six  rods,  and 
seventeen  links,  thence  south  seventy-two  degrees  east,  one 
hundred  and  five  rods  and  ten  links,  to  the  road  near  Lunt's 
Corner  (so  called)  thence  south  thirty-four  degrees  east,  across 
said  road  three  rods  and  fifteen  links  to  the  beginning  of  a  drift 
way,  thence  north  fifty-six  degrees  east,  on  the  southerly  side 
of  said  way,  one  hundred  and  twenty-six  rods  and  nine  links 
to  the  northeasterl}^  corner  of  land  belonging  to  the  heirs  of 
William  Moody ;  thence  south,  thirty-eight  degrees  east,  twen- 
ty-six rods  and  eight  links,  thence  south  seventy  degrees  east, 
forty-five  rods  and  nine  links  to  the  southerly  side  of  a  drift 
way  at  the  northerly  corner  of  John  Turner's  land,  thence  south 
seventy  degrees  east,  thirty-five  rods,  and  sixteen  links  to  the 
Sewall  farm  (so  called) ;  thence  north  seventy-three  degrees 
east,  fifty-four  rods  to  the  southwest  corner  of  saw-mill  pasture 
(so  called)  thence  north,  seventy-nine  degrees  east,  seventy- 


1809. Chap.  3—6.  231 

seven  rods,  and  seven  links,  thence  north  two  degrees  west, 
fifteen  rods  and  fourteen  links  ;  thence  north  seventy-one  de- 
grees east,  forty  rods ;  thence  south  thirty-nine  degrees  east, 
twenty  rods  and  seventeen  links  ;  thence  east  one  hundred  and 
seventeen  rods  to  Rattle  Snake  Rock,  (so  called);  thence  north 
sixty-six  degrees  east,  one  hundred  and  seventeen  rods  to  John 
Noyes'  furm  ;  thence  north  eighty-four  degrees  east,  twelve 
rods  and  twenty-two  links  ;  thence  south  twenty-six  degrees 
east,  seventy-two  rods  ;  thence  south  thirty-seven  degrees  east, 
fifty-six  rods  to  the  south  side  of  the  high  way  ;  thence  the  same 
course,  three  rods  to  a  large  rock  in  George  Adams's  pasture  ; 
thence  south  one  degree  east,  sixty-eight  rods,  thence  south 
thirty  degrees  west,  seven  rods  to  a  rocky  point  of  upland, 
thence  south  twenty-eight  rods  to  the  river  Parker,  at  the  di- 
viding line  between  land  of  John  Noyes  and  George  Adams  ; 
thence  on  the  same  course  across  said  river,  'and  down  the 
same  on  the  southerly  side  to  the  mouth  of  Rowley  river  at 
Oyster  Point  (so  called) ;  thence  up  said  Rowley  river  to  Row- 
ley line  where  it  meets  the  dividing  line  between  the  first  parish 
in  said  Rowley,  and  the  said  Parish  of  Byfield  as  formerly  es- 
tablished by  law.     [June  16,  1809.] 

An  Act  to  incorporate  certain  persons,  by  the  name  of  Tlie  Cheshire  Glass  Manu-  CAcD.  6. 
factory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Nathan  Wood,  George  Clark,  Selah  Root,  Amos  Persons  incor- 
Pettibone,  Benjamin  Whipple,  Stephen  Whipple,  Samuel  Whip-  po^ated. 
pie,  Eddy  Mason,  Brooks  Mason,  Benjamin  Clark,  Warren 
Southworth,  Jesse  Hix,  Josrph  Stephens,  jun.  Jonathan  Petti- 
bone, Jesse  Mason,  jun.  Philo  Pettibone,  Frederick  Noble,  Tru- 
man Turrill,  Thomas  Hix,  Samuel  Bacon,  Nathaniel  Kent, 
William  Millen,  Ephraim  Farrington,  Moses  Wolcott,  Joel  Red- 
way,  Jonathan  Fish,  jun.  Calvin  Fish,  Daniel  Coman,  John 
Bennet,  Timothy  Sanders,  Elisha  Mowry,  Elisha  Clapp,  Emer- 
son Brown,  Timothy  Noble,  Martin  Guetian,  Ebenezer  Buck,. 
John  Turrii,  David  Buck,  Timothy  Whitney,  Silas  Bagg,  Heze- 
kiah  Mason,  John  Welles,  Elisha  Welles,  John  Welles,  jun. 
Charles  Welles,  Elisha  Tibbils,  George  Tibbits,  Townshend 
M'Cown,  Calvin  Hall,  John  Leland,  jun.  Daniel  Brown,  Da- 
rius Brown,  John  Brown,  Joseph  Bucklin,  William  Machem, 
Daniel  Barker,  Ezra  Barker,  William  Henry  Smith,  Heathcoat 
Hart,  and  John  Hart,  with  such  others  as  already  have  or 
hereafter  may  associate  with  them,  their  successors  or  assigns, 
be  and  hereby  are  made  a  corporation,  by  the  name  of  The 
Cheshire  Glass  Manufactory,  for  the  purpose  of  manufacturing 
Glass  in  the  tou-n  of  Cheshire,  and  for  that  purpose  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the  duties 
and  requirements  contained  in  an  Act,  passed  the  third  day  of 
March  last  past,  entitled,  "An  Act  defining  the  general  powers  1808  ch.  65. 
and  duties  of  Manufacturing  Corporations." 

Sect.  2.     Be  it  further  enacted.  That  said  corporation  may  be  Empowered  t* 
lawfully  seized  and  possessed  of  such  real  estate  not  exceeding  ^°^'^  ^^^^  ^*" 


232  1809. ' Chap.  9—12. 

fifty  thousand  dollars,  and  such  perFonal  estate  not  exceeding 
two  hundred  thousand  dollars  in  value,  as  may  V.e  necessary 
and  convenient  for  carrying  on  the  manufacture  of  Glass  in  the 
said  town  of  Cheshire.     [June  16,  1809.] 

Chopt  9.  An  Act  to  incorporate  William  Davis  and  others,  by  the  name  of  The  Plymouth 

Cotton  Manufactory. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Representa' 
tives^  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Persons  incor-   That  William  Davis,  Samuel  Spear  and  Nathaniel  Russell,  with 
porated.  such  oiliers  as  already  have,  or  hereafter  may  associate  with 

them,  their  successors  or  assigns,  be  and  hereby  are  made  a 
.  corporation,  by  the  name  of  The  Plymouth  Cotton  Manufac- 
tory, for  the  purpose  of  manufacturing  cotton  and  woollen  in 
the  town  of  Plymouth,  and  for  that  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements, contained  in  an  Act  passed  the  third  day  of  March 
1808  ch  65       ^^s^'  entitled,  "■  An  Act  defining  the  general  powers  and  duties  of 

Manufacturing  Corporations." 
Empowered  to       Sect.  2.     Be  it  further  enacted,  That  said  corporation  may 
hold  real  es-      be  lawfully  seized  and   possessed  of  such  real  estate  not  ex- 
***^'  ceeding  the  value  of  fifty  thousand  dollars,  and  such  personal 

estate  not  exceeding  the  value  of  one  hundred  thousand  dol- 
lars, as  may  be  necessary  and  convenient  for  carrying  on  the 
manufactory  of  cotton  and  woollen  in  the  said  town  of  Ply- 
mouth.    [Jwne  16,  1809.] 

Chan     11  ^"  ^^'^  *°  incorporate  the  District  of  Easthampton,  in  the  county  of  Hampsiiire, 

^'         '  into  a  Town,  by  the  name  of  Easthampton. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Easthampton  the  lands  comprised  within  the  limits  of  the  District  of  East- 
incorporated,  hampton,  as  the  same  are  now  bounded,  wiih  the  inhabitants 
dwelling  thereon  excepting  Elijah  Pomroy,  Caleb  Pomroy, 
Moses  Bartlett,  and  Preserved  Bartlett's  heirs,  with  the  lands 
whereot  they  were  severally  seized  and  possessed  in  their  own 
rio"ht  on  the  seventeenth  day  of  June,  Anno  Domini  seventeen 
hundred  and  eighty-five,  be,  and  they  hereby  are  incorporated 
into  a  town  by  the  name  of  Easthampton,  and  the  said  town  is 
hereby  invested  with  all  the  powers,  privileges  and  immuni- 
ties, to  which  towns  within  this  Commonwealth,  are  or  may  be 
entitled  agree  tbly  to  the  constitution  and  laws  of  the  said  Com- 
monwealth.    [June  16,  1809.] 

C/iOP.  12.        An  Act  to  enable  the  Boston   Mill  Corporation  to  divide   their  estate  among  the 
Proprietors. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in   General   Court   assembled,  and  by  the  authority  of  the 
Pfoprietors  au-  same,  That  the  Boston  Mill  Corporation  shall  be  and   hereby 
thorized  to  di-    are  authorized  at   any  meeting  to  be  called   for  that  purpose, 

Tide  their  es-       .  .  .  ,-  "  irir.-r- 

tate.  from  tmie  to  time,  to  agree  upon  any  mode  tor  eiiecting  a  lair, 

equal  and  convenient  division  or  partition  of  their  estate,  or 
any  part  thereof,  by  lot,  sale  at  auction  among  the  proprietors, 
or  otherwise,  and  upon  such  terms  and  principles  as  they  may 


1809. Chap.   12—14.  233 

judge  and  determine  to  be  expedient ;  and  in  case  it  shall  so 
happen  that  :he  said  estate,  or  such  part  thereof  as  miy  be 
ready  for  division,  cannot  conveniently  be  divided  (in  the  opi- 
nion of  said  corporation)  so  as  to  accommodate  eacli  proprie- 
tor with  a  quantity  of  land,  equal  and  in  proportion  to  his  in- 
terest, the  said  corporation  shall  have  power  to  make  all  such 
rules  and  regulations,  respecting  credit  to  be  given  to  those 
proprietors  who  become  purchasers  to  a  greater  amount  than 
their  shares,  and  respecting  the  payment  and  indemnificaion  ' 
of  those  who  do  not  purchase  to  the  amount  of  their  shares,  as 
they  may  judge  expedient  and  for  the  interest  of  the  corporation. 
Sect.  2.  Be  it  further  enacted.  That  all  powers  hereby  given 
to  said  corporation,  may  be  delegated  to  and  exercised  by 
their  President  and  Directors,  or  by  any  committee  for  that 
purpose  specially  to  be  appointed.     [June  17,  1809.] 

An  Act  establishing  a  coiporation,  by  the  name  of  The  Marblehead  Social  Insu-   C/lfi/7.  14. 
ranee  Company. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Isaac  Story,  Joseph  Barker,  Joseph  Wilson,  and  all  Persons  incor- 
such  persons  as  have  already,  or  hereafter  shall,  become  their  porated. 
associates  and  stockholders  in  said  company,  being  citizens  of 
the  United  States,  be  and  hereby  are  incorporated  into  a  com- 
pany or  body  politic,  by  the  name  of  The  Marblehead  Social  Name. 
Insurance  Company,  for  and  during  the  term  of  twenty  years, 
after  the  passing  of  this  Act,  and  by  that  name  may  sue  or  be  powers, 
sued,  plead  or  be  impleaded,  appear,  prosecute,  and  defend  to 
final  judgment  and  execution,  and  have  a  common  seal  which 
they  may  alter  at  pleasure,  and  may  purchase,  hold,  and  con- 
vey any  estate,  real  or  personal,  for  the  use  of  said  company, 
subject  to  the  restrictions  hereafter  mentioned. 

Sect.  2.     Be  it  further  enacted.  That  the  capital  stock  of  said  Capital  stock 
company,  exclusive  of  premium  notes  or  profits  arising  from  "°'  *°  ^Y'^^,^ 
said   business,  shall  consist  of  one  hundred   thousand   dollars,  and  fiity  thou- 
(the  stockholders  to  have  liberty  to  extend  it  to,  but  not  to  ex-  sanduoilars. 
ceed,  one  hundred  and  fifty  thousand  dollars)  and  shall  be  di- 
vided into  one  thousand  shares,  of  which  capital  stock  not  more 
than  twenty  thousand  dollars  shall  be  vested  in  real  estate. 

Sect.  3.     Be  it  further  enacted,    That   th^  stock,  property, 
affairs,  and  concerns  of  said  company,  shall  be  managed  and  directors, 
conducted  by  seven  Directors,  one  of  whom  shall  be  President  President. 
thereof,  who  shall   hold  their  offices  for  one  year,   and  until 
others  shall  be  chosen,  and   no  longer,   which  Directors,  shall 
at  the  time  of  their  election,   be  stockholders,  and  citizens  of  Qualifications 
this  Commonwealth,  and  shall  be  elected  on  the  third  Monday  of  Directors. 
of  April,  in  each  and  every  year,  at  such  time  of  the  day,  and  How  chosen, 
in  such  place  in  the  (own  of  Marblehead,  as  a  majority  of  the 
Directors   for  the  time  being  shall  appoint,  of  which  election 
public  notice  shall   be  given  in  one  of  the  newspapers  printed 
in  the  town  of  Salem,  antl  continued  for  the  space  of  ten  days 
immediately  preceding  such  election  ;  and  such  election  shall 
be  holdeu  under  the  inspection  of  three  stockholders  not  being 

rou  IV.  30 


234 


1809. 


Chap.  14. 


Proviso. 


President  cho- 
sen by  Direc- 
tors. 

To  be  sworn. 


Special  elec- 
tion may  be 
holden. 

President  and 
tliree  directors 
may  transact 
business — 


And  make  by- 
laws. 


Proviso. 


Stated  meet- 
ings of  the 
directors. 


Policies  to  be 
subscribed  by 
the  President. 


Directors,  to  be  appointed  previous  to  every  election  by  the 
Directors,  and  shall  be  made  by  ballot,  by  a  majority  of  votes 
of  the  stockholders  present,  allowing  one  vote  to  each  share  m 
the  capital  stock ;  Provided,  That  no  stockholder  shall  be  al- 
lowed more  than  ten  votes ;  and  the  stockholders,  not  present, 
may  vote  by  proxy,  under  such  regulations  as  said  company 
shall  prescribe  ;  and  if,  through  any  unavoidable  accident,  the 
said  Directors  shall  not  be  chosen  on  the  third  Monday  of 
April,  as  aforesaid,  it  shall  be  lawful  to  choose  them  on  ano- 
ther day  in  the  manner  herein  prescribed. 

Sect,  4.  Be  it  further  enacted,  That  the  Directors  so  cho- 
sen, shall  meet  as  soon  as  may  be,  after  every  election,  and 
shall  choose  out  of  their  body,  one  person  to  be  President,  who 
shall  preside  for  one  year,  and  be  sworn  faithfully  to  discharge 
the  duties  of  his  office;  and  in  case  of  the  death,  resignation  or 
inability  of  the  Pre'^ident  or  any  Directors  to  serve,  such  va- 
cancy or  vacancies  shall  be  filled  for  the  remainder  of  the  year 
in  which  they  may  happen,  by  a  special  election  for  that  pur- 
pose, to  be  holden  in  the  same  manner  as  herein  before  direct- 
ed, respecting  annual  elections  for  Directors  and  President. 

Sect.  5.  Be  it  further  enacted,  That  the  President  and 
three  of  the  Directors,  or  four  of  the  Directors  in  the  absence 
of  the  President,  shall  be  a  board  competent  for  the  transac- 
tion of  business ;  and  all  questions  before  them  shall  be  de- 
cided by  a  majority  of  votes,  and  they  shall  have  power  to 
mnke  and  prescribe  such  by-laws,  rules  and  regulations,  as  to 
them  shall  appear  needful  and  proper,  touching  the  manage- 
ment and  disposition  of  the  stock,  property,  estate  and  effects 
of  said  company,  and  the  transfer  of  the  shares,  and  touching 
the  duties  and  conduct  of  the  several  officers,  clerks  and  ser- 
vants employed,  and  the  election  of  Directors,  and  all  such 
matters  as  appertain  to  the  business  of  Insurance  ;  and  shall 
also  have  power  to  appoint  a  secretary,  and  so  many  clerks 
and  servants  for  carrying  on  the  said  business,  and  with  such 
salaries  and  allowances  to  them  and  to  the  President,  as  to  the 
said  board  shall  seem  meet :  Provided,  that  such  by-la\ys,  rules 
and  regulations  shall  not  be  repugnant  to  the  constitution  and 
laws  of  this  Commonwealth. 

Sect.  6.  Be  it  further  enacted,  That  there  shall  be  stated 
meetings  of  the  Directors  at  least  once  in  every  month,  and  as 
often  within  each  month  as  the  President  and  board  of  Direc- 
tors  shall  deem  proper  ;  and  the  President  and  a  committee  of 
two  of  the  Directors,  to  be  by  him  appointed  in  rotation,  shall 
assemble  daily,  if  need  be,  for  the  despatch  of  business,  and 
the  said  board  of  Directors  or  the  Committee  aforesaid,  at  and 
during  the  pleasure  of  said  board,  shall  have  power  and  au- 
thority on  behalf  of  the  company,  to  make  insurance  upon  ves- 
sels, freight,  money,  goods,  and  effects,  and  against  captivity 
of  persons,  and  on  the  life  of  any  person  during  his  absence  at 
sea,  and  in  cases  of  money  lent  upon  bottomry,  and  responden- 
tia, and  to  fix  the  premium  and  terms  of  payment ;  and  all 
Policies  of  Insurance  by  them  made  shall  be  subscribed  by  the 
President,  or  in  case  of  his  death,  sickness,  inability  or  absence, 


1809. Chap.  14.  235 

by  any  two  of  the  directors,  and  countersigned  by  the  Secre- 
tary, and  shall  be  binding  and  obligatory  upon  the  said  com- 
pany, and  have  the  like  effect  and  force  as  if  under  the  seal  of 
said  company  ;  and  all  losses  duly  arising  under  any  policy  so 
subscribed,  may  be  adjusted  and  settled  by  the  President  and 
board  of  Directors,  and  the  same  shall  be  binding  on  the  Com- 
pany. 

Sect.  7.      Be  it  further  enacted,  That  it  shall  be  the   duty  Dividends  to 
of  the  Directors,  on  the  second  Monday  of  January   and  July  annuaiiy!"^"'^" 
in  every  year,  to  make  dividends  of  so  much  of  the   interest 
arising  from  their  capital  stock,   and   the   profits  of  said  com- 
pany, as  to  them   shall   appear   advisable,   but   the  monies  re- 
ceived and  the  notes  taken  for  premiums  on  risks  which  shall 
be  undetermined  and  outstanding  at  the  time  of  making  such  di- 
vidends, shall  not  be  considered  as  part  of  the   profits  of  the 
company ;  and  in  case  of  any  loss  or  losses,  w' hereby  the  capi- 
tal stock  of  the  company  shall  be  lessened  each  proprietors,  or  individual  es- 
stockholder's  estate  shall  be  held  accountable  for  the   instal-  '^tes  made  ac- 

11  1  -1  11  1  countable. 

ment  that  may  be  due  and  unpaid  on  his  share  or  shares,  at 
the  time  of  said  loss,  or  losses  taking  place,  to  be  paid  into  the 
said  company  by  assessments,  or  such  other  mode-,  and  such 
time  or  times,  as  the  Directors  shall  order,  and  no  subsequent 
dividend  shall  be  made  until  a  sum  equal  to  such  diminution, 
shall  have  been  added  to  the  capital,  and  that  once  in  every 
year,  and  oftener  if  required  by  a  majority  of  the  votes  of  the 
stockholders,  the  Directors  shall  lay  before  the  stockholders  at 
a  general  meeting,  an  exact  and  particular  statement  of  the 
profits,  if  any  there  be,  after  deducting  losses  and  dividends. 

Sect.  8.  Be  it  further  enacted,  That  the  said  company  shall  Stock  to  be  in- 
not  directly  or  indirectly,  deal  or  trade  in  buying  or  selling  vested, 
any  goods,  wares,  merchandize  or  commodities  whatsoever,  and 
the  capital  stock  of  said  company,  within  six  months  after  be- 
ing collected  at  each  instalment,  shall  be  invested  either  in  the 
funded  debt  of  the  United  States,  or  of  this  Commonwealth,  or 
in  the  stock  of  the  United  States  Bank,  or  of  any  incorporated 
bank  in  this  Commonwealth,  at  the  discretion  of  the  President 
and  Directors  of  said  company,  or  of  other  Officers,  which  the 
proprietors  shall  for  such  purposes  appoint. 

Sect.  9.  Be  it  further  enacted.  That  twenty  five  dollars  on  jnstalments. 
each  share  in  said  company  shall  be  paid  within  thirty  days 
after  the  first  meeting  of  said  company,  and  the  remaining  sum 
within  one  year  after  said  first  meeting,  in  such  equal  instal- 
ments and  under  such  penalties  as  the  said  company  shall  di- 
rect, and  no  transfer  of  any  share  shall  be  permitted,  or  be 
valid,  until  the  whole  capital  stock  shall  have  been  paid  in. 

Sect.  10.     Be  it  farther  enacted,   That  no  person  being  a  Di-  Persons  not 
rector  of  any  other  company  carryinsr  on   the   business  of  Ma-  eligible  asdi- 
rine  Insurance,  shall  be  eligible  as  a  Director  of  the  company 
by  this  act  established. 

Sect.  11.  Be  it  further  enacted.  That  in  case  of  any  loss  or 
losses  taking  place,  that  shall  be  equal  to  the  amount  of  the 
capital  stock  of  the  said  company,  and  the  President  and  Di- 
rectors, after  knowing  of  such  loss  or  losses  taking  place,  shall 


236 


J  809. 


Chap.  14—16. 


Amount  of 
Slock  to  be 
published. 


Proviso. 


First  meeting 
ofstockliolders. 


Chap.  15. 


Persons  incor- 
porated. 


1808  ch.  65. 


Corporation 
empovvererl  to 
hold  real  es- 
tate. 


Chap.  16. 


Persons  incor- 
porated. 


subscribe  to  any  policy  of  insurance,  their  estates,  jointly  and 
severailv,  shall  be  accountable  for  the  amount  of  any  and 
every  loss  that  shall  take  place  under  policies  thus  subscribed. 

Sect.  12.  Be  it  further  enacted,  That  the  President  and 
Directors  of  said  company  shall,  previous  to  their  subscribing 
to  any  policy,  and  once  in  every  year  after,  publish  in  one  of 
the  Newspapers  printed  in  the  town  of  Salem,  the  amount  of 
their  stock,  against  what  risks  they  intend  to  insure,  and  the 
largest  sum  they  intend  to  take  on  any  one  risk,  Provided,  that 
the  said  President  and  Directors  shall  not  be  allowed  to  insure 
on  any  one  risk  a  larger  sum  than  ten  per  centum  of  the  amount 
of  the  capital  slock  actually  paid  in. 

Sect.  13.  Be  it  further  enacted.  That  the  President  and  Di- 
rectors of  said  company,  shall  whfn  and  as  often  as  required 
by  the  Legislature  of  this  Commonwealth,  lay  before  them  a 
statement  of  the  affairs  of  said  conipany,  and  submit  to  an  ex- 
amination concerning  the  same  under  oath. 

Sect.  14.  Be  it  further  enacted,  That  Isaac  Story,  Joseph 
Barker,  and  Joseph  Wilson,  or  any  two  of  them,  are  hereby 
authorized  to  call  a  meeting  of  the  members  of  said  company 
as  soon  as  may  be  in  Marblehead,  by  advertizing  the  same  for 
two  successive  weeks  in  the  Essex  Register,  for  the  purpose  of 
their  electing  a  first  Board  of  Directors,  who  shall  continue  in 
office,  until  the  third  Monday  of  April,  one  thousand  eight  hun- 
dred and  ten.  [June  17,  1809.]  Add.  acts— 1810  ch.  18: 
1811  ch.  2:   1813  ch.  8:   1817  ch.  24:    1819  ch.  9. 

An  Act  to  incorporate  certain  persons  by  the  name  of  The  Boston  Glass  Manu- 
factory. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  jCovrt  assembled,  and  by  the  authority  of  the 
same.  That  Samuel  Gore,  Thomas  Walley,  Jonathan  Hunne- 
well,  Charles  F.  Kupfer,  and  Samuel  H.  Walley,  with  such 
other  persons  as  already  have  or  hereafter  may  associate  with 
them,  their  successors  and  assigns,  be  and  hereby  are  made  a 
corporation,  by  the  name  of  the  Boston  Glass  Manufactory,  for 
the  purpose  of  manufacturing  Glass,  and  for  that  purpose  shall 
have  all  the  powers  and  privileges,  and  be  subject  to  all  the 
duties  and  requirements  contained  in  An  act  passed  the  third 
day  of  March  last  past,  entitled  "  an  act  defining  the  general 
powers  and  duties  of  manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may 
be  l;-iwfnlly  seized  and  possessed  of  such  real  estate  not  ex- 
ceeding fifty  thousand  dollars,  ■^r.d  such  personal  estate  notex- 
ceedins;  two  hundred  thousand  dtjllars  in  value,  as  may  be  ne- 
cessary and  convenient  for  carrying  on  the  manufactory  of 
Glass.     [June  17,  1809.] 

An  Act  to  establish  The  Saltm  India  Wharf  Corporation. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  George  Crowninshield,  George  Crowninshield  jun. 
John  Crowninshield,  Benjamin  Crowninshield,  and  Richard 
Crowninshield,  owners  and  proprietors  of  a   certain  parcel  of 


1809. Chap.  16.  237 

land,  wharf  and  flats  in  Salem,  in  the  county  of  Essex,  known 
by  the  name  of  India  Wharf,  and  such  persons  as  may  here- 
after associate  with  them,  their  successors  and  assigns,  being 
citizens  of  the  United  States  shall  be,  and  hereby  are  consti- 
tuted a  body  politic  and  corpor-ate,  by  the  name  of  The  Salem 
India  Wharf  Corporation,  and  by  that  name  may  sue  and  be  Powers  of  the 
sued,  plead  and  be  impleaded,  defend  and  be  defended,  in  any 
court  of  record  or  in  any  other  place  whatsoever,  and  shall 
and  may  do  and  suffer  all  matters,  acts  and  things,  which  bo- 
dies politic,  ought  to  do  and  sufT^r,  and  shall  have  power  to 
make,  hnve  and  use  a  common  seal,  and  the  same  again  at 
pleasure  to  break,  alter  and  renew,  and  also  to  ordain,  estab- 
lish and  put  in  execution  such  by-laws,  ordinances  and  regu- 
lations as  to  them  shall  appear  necessary  and  convenient  for 
the  government  of  said  corporation,  and  for  the  prudent  ma- 
nagement of  their  property  and  affairs  ;  and  for  the  breach  of 
such  by-laws,  ordinances  and  regulations,  may  order  fines 
and  penalties,  not  exceeding  ten  dollars  for  every  breach,  Pro-  Proviso. 
vided,  that  such  by-laws,  ordinances  and  regulations,  shall  not 
be  repugnant  to  the  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation 
shall  be  and  hereby  is  declared  capable  to  have,  hold  and 
possess  the  said  land,  wharf  and  flats,  called  India  Wharf,  and 
the  privileges  and  appurtenances  thereof,  and  also  any  other 
lands  and  tenements  connected  therewith,  not  exceeding  the 
additional  value  of  thirty  thousand  dollars,  exclusive  of  the 
buildings  thereon,  and  shall  have  power  to  erect  any  buildings, 
on  any  real  estate  owned  by  them,  and  any  sea  wall  or  other 
walls,  to  protect  and  secure  the  same,  and  shall  have  power  to 
grant,  sell  and  alien  in  fee  simple,  or  otherwise,  the  sai.d  cor- 
porate property,  or  any  part  thereof,  and  to  lease,  exchange, 
manage  and  improve  the  same  according  to  the  will  and  plea- 
sure of  the  proprietors,  or  the  major  part  of  them,  present  at 
any  legal  meeting,  to  be  expressed  by  their  votes ;  and  the 
rents,  profits  and  receipts  which  may  accrue  from  the  improve- 
ments, leasing  or  other  management  of  the  corporate  property 
aforesaid,  may  and  shall,  once  at  least  in  every  year,  be  di- 
vided among  the  proprietors  according  to  their  respective 
shares. 

Sect.  3.  jBe  it  further  enacted,  That  said  proprietors  may 
at  any  legal  meeting  agree  upon  the  number  of  shares  into 
which  said  estate  shall  be  divided,  not  exceeding  five  hundred, 
and  upon  the  form  of  certificates  to  be  given  to  individuals,  of 
the  number  of  shares  by  them  respectively  held,  and  upon  the 
mode  and  conditions  of  transferring  the  same;  which  shares 
shall  be  held  and  considered  as  personal  estate,  to  all  intents 
and  purposes  whatsoever;  the  said  proprietors  shall  also  have 
power  to  assess  upon  each  share  such  sums  of  money  as  may 
be  deemed  necessary  for  repairing  and  erecting  walls  and 
buildings,  and  generally  for  the  improvement  and  good  ma- 
nagement of  their  said  estate,  agreeably  to  the  true  intent  of 
this  act,  and  to  sell  and  dispose  of  the  shares  of  any  delin- 
quent proprietor  for  the  payment  of  assessments  in  such  way 


238 


1809. 


Chap  16.— 17. 


Individual  pro- 
perty liable  to 
attachment. 


1804  ch.  83. 


Meeting  for 
choice  of  offi- 


Proviso. 


This  act  sub- 
ject to  repeal. 

Proviso, 


Further  provi- 
so. 


Chap.  17. 


Persons   incor- 
porated. 


and  manner  as  said  corporation  may  by  their  rules  and  regu- 
lations, determine  and  agree  upon. 

Sect.  4.  Be  it  further  enacted,  That  the  property  of  every 
individual  member  of  said  corporation,  vested  in  said  corporate 
funds  or  estate,  shall  be  liable  to  attachment,  and  to  the  pay- 
ment of  his  just  debts  in  manner  prescribed  by  an  act  entitled, 
"  an  act  directing  the  mode  of  attachment  on  mesne  process, 
and  selling  by  execution  shares  of  debtors  in  incorporated 
companies,"  passed  the  eighth  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  five. 

Sect.  5.  Be  it  further  enacted,  That  George  Crowninshield, 
George  Crowninshield,  jun.  and  Benjamin  Cowninshield,  or 
any  two  of  them,  may  call  the  first  meeting,  by  advertizing 
the  same  in  any  one  of  the  public  Newspapers,  printed  in  Sa- 
lem, at  least  three  days  before  the  time  of  meeting,  and  at  that, 
or  any  other  meeting,  may  elect  a  President,  Treasurer,  Clerk, 
Secretary,  or  other  officers,  and  for  such  term  of  time  not  ex- 
ceeding one  year,  as  they  may  judge  fit,  and  the  same  at  plea- 
sure change  or  remove  ;  and  in  the  choice  of  officers,  or  on 
any  other  occasion  when  it  shall  be  required  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  con- 
tained shall  be  deemed  or  construed  to  give  to  saM  proprie- 
tors any  right  or  authority  to  take  or  appropriate  to  their  use 
the  land,  right  or  privilege  of  any  person  or  persons,  without 
a  legal  conveyance  thereof  from  such  person  or  persons,  to 
the  said  corporation. 

Sect.  7.  And  be  it  further  enacted.  That  after  the  expiration 
of  ten  years  the  Legislature  shall  have  power  to  alter,  amend 
or  repeal  this  act.  Provided,  however,  that  upon  such  repeal,  all 
real  estate  then  belonging  to  said  corporation  shall  be  vested 
in  such  persons  as  may  then  be  members  thereof,  and  their 
respective  heirs  and  assigns,  as  tenants  in  common,  in  propor- 
tion and  according  to  the  number  of  shares,  which  they  may 
then  hold.  And  provided  further,  That  the  said  proprietors, 
notwithstanding  such  repeal  by  the  Legislature,  shall  have 
power,  in  their  corporate  name  and  capacity  aforesaid,  to  sue 
for,  recover  and  divide  all  sums  of  money  and  debts,  which 
may  then  be  thereto  due  and  unpaid.     [June  17,  1809.] 

An  Act  to  inroiporate  William  Edwards  and  others,  by  the  name  of  The  Hamp- 
shire Leather  Manufactory. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  William  Edwards,  Sylvester  Emmons,  Spencer  Clark,  Gid- 
eon Lee,  Roswell  Hubbard,  and  William  Hubbard,  together  with 
such  other  persons  as  already  have  or  may  hereafter  associate 
with  them,  their  successors  and  assigns,  be  and  hereby  are  made 
a  corporation  by  the  name  of  The  Hampshire  Leather  Man- 
ufactory, for  the  purpose  of  manufacturing  leather  at  North- 
ampton, Chester,  and  Cummington,  in  the  county  of  Hamp' 


1809. Chap.  17—2 1.  239 

shire,  and  for  this  purpose  shall  have  all  the  powers  and  priv- 
ileges, and  be  subject  to  all  the  duties  and  requirements  con- 
tained in  an  act  passed  the  third  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  nine  entitled  ''  An  isos  ch.65. 
act  defining  the  general  powers  and  duties  of  manufacturing 
Corporations." 

Sect.  2.  Be  it  further  enacted,  That  the  said  Corporation 
may  be  lawfully  seized  of  such  real  estate,  not  exceeding  the 
value  of  thirty  thousand  dollars,  and  such  personal  estate  not 
exceeding  the  value  of  seventy  thousand  dollars,  as  may  be 
necessary  and  convenient  for  establishing  and  carrying  on  the 
manufactory  of  leather  in  the  towns  of  Northampton,  Chester 
and  Cummington,  aforesaid.     [June  17,  1809.] 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  in  furtlier  addition  to  an  Act,  en-  Chap.  19.  , 
titled,  an  Act  for  incorporating  James  Sullivan,  Esq.   and  others,  by  the   name 
and  style  of  the  proprietors  of  the  Middlesex  Canal."  ^     '  ^  • 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  1794  ch.  67. 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  (^^g^;?-  ^^'^ 
the  proprietors  of  the  Middlesex  Canal,  shall  be  allowed  the  (y.  2.  p".  241.) 
further  time  of  four  years  from  the   twenty  second  day  of  1799  ch.  35. 
June   current,    to    render    Concord    river  boatable    and  nav-  5802ch^.'98 
if^able,  and  for  cutting  other  canals   in   the  county  of  Middle-  (v.  3.  p.  131.) 
sex,  pursuant  and   according  to  the  tenor  of  the   acts  hereto-  If^l^^J;^  ^^^ 
fore  passed  on  that  subject.     [Ju?ie    19,   1  BU9.J     Ada    acts —  i„wedfurther 
1810  ch.  53:   1812  ch.  113.  115  :   1814  ch.  100.       time. 

An  Act  to  change  the  names  of  certain  persons  therein  mentioned.  Chap.    21. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  passing  of  this  act,  John  O'Brien,  the  third, 
of  Newbuj-y,  in  the  county  of  Essex,  shall  be  allowed  to  take  Names  chaiig- 
the  name  of  John  Maurice  O'Brien  ;  that  John  Hooper,  of  ed. 
Marblehead,  in  the  county  aforesaid,  shall  be  allowed  to  take 
the  name  of  John  Grist  Hooper ;  that  Josiah  Clark,  of  Shar- 
on, in  the  county  of  Norfolk,  who  has  been  known  and  called 
by  the  name  of  Joseph  Huin,  shall  be  allowed  to  take  the 
name  of  Joseph  Huin ;  that  Samuel  Bayley,  jun.  of  Wey- 
mouth, in  the  county  of  Norfolk,  shall  be  allowed  to  take  the 
name  of  Samuel  Publius  Bayley  ;  that  William  Sticknej',  the 
third,  of  Newbury,  in  the  county  of  Essex,  shall  be  allowed 
to  take  the  name  of  Albert  Alonzo  Stickney  ;  that  Joseph 
Sprague,  jun.  of  Salem,  in  the  county  of  Essex,  shall  be  al- 
lowed to  take  the  name  of  Joseph  E.  Sprague ;  that  Samuel 
Lee,  of  Boston,  in  the  county  of  Suffolk,  shall  be  allowed  to 
take'  the  name  of  William  Raymond  Lee ;  that  Elijah  White, 
of  Boston,  aforesiid,  shall  be  allowed  to  take  the  name  of 
Ferdinand  Elliot  White,  and  Israel  Putnam  the  fourth,  son  of 
Eleazer  Putnam  of  Danvers,  in  the  county  of  Essex,  Esq.  shall 
be  allowed  to  take  the  name  of  Israel  Warburton  Putnam. 
And  the  said  persons  shall,  from  and  after  the  passing  of 
this  act,  be  known  and  called  by  the  names  which  they  are 
respectively  allowed  to  take,  as  aforesaid,  and  the  same  shall 
be  considered  as  their  only  proper  names.     [Juiic  19,  1809.] 


^40  1 809. Chap.  22—28. 

Chap,  22.       A"  ^^'^  "'  af'c'it'fn  to  3"  Act,  entitled,  "  An  Act  to  establish  a  Company  by  the 

np.me  of  The  Woicester  and  Stafford  Turnpike  Corporation." 
1805  ch.  33.  T^,-,.  1     ,  ,        CI  7Tr  /-n 

BL  it  enacted  by  the  oenate  and  House  of  Hepresenfatives, 
in    General  Court  assembled,  and  by  the  authority  of  the    same, 

Committee  ap- That  the  honourable  Salem  Town,   Esq.   Abner  Brown,  Esq. 

pomte  .  ^^^  jyjj,^  Reuben  Sikes,  of  Worcester,  be  a  committee  to  ex- 

amine that  part  of  the  turnpike  road  which  the  Worcester  and 
Stalford  turnpike  corporation  u  ere  empowered  to  make,  and 
which  is  now  located  over  a  hill  in  the  town  of  Sturbridge,  on 
land  of  Lyon  and  of  Upham;  and  if  they  think  fit,  to  discon- 
tinue the  road  so  located  over  said  hill,  and  locate  a  road  in 
lieu  thereof,  in  such  course,  by  the  side  of  said  hill,  as  will 
best  accommodate  the  public,  and  be  least  prejudicial  to  indi- 
viduals ;  and  that  said  committee  be,  and  they  hereby  are  au- 
thorized and  empowered,  to  make  such  alterations  in  the  for- 
mer assessment  of  damages,  and  assess  such  other  damages  as 
may  be  just  and  reasonable,  in  consequence  of  locating  said 
turnpike  road,  according  to  the  authority  hereby  given,  and 
according  to  the  act  to  which  this  act  is  in   addition. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Salem  Town, 
Abner  Brown,  and  Reuben  Sikes,  be  a  committee  to  examine 
said  turnpike  road,  and  approve  of  the  same,  if  made  con- 
formable to  law,  and  that  upon  such  approbation  being  had, 
the  said  corporation  may  apply  for  a  committee  to  establish 
their  gates  according  to  law.  [Ju?ie  19,  1809.]  Further  acts 
— 1809  ch.  Ill  :   1819  ch.  113. 

Chat)     28         ^"  ^^^    '"    addition  to   the  several    Acts  now  in  force  to  regulate  the  paving  of 

••  *  Streets  in  the  town  of  Boston,  and  for  removing  obstructions  in  the  same. 

1799  ch.  31.  . 

(V.  2.  p.  338.)       Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 

1804  ch.  73.      tatives,  in  General  Court   assembled,  and  by  the   authority  of  the 

-  *   '^'      '}  same,  That  in  pavmg  or  repairing  the  pavement  of  any  street, 

in  the  town  of  Boston,  in  future,  no  person  shall  place  timber 

or  wood,  in   front  of  his   or  her  house   or  lot,   to  support  the 

foot  walk  5  but  the  same  shall  be  supported  with  hammered  or 

cut  stone  any  thing  in  the   second  section  of  the  act  to  which 

this  in  addition,  passed  the  twenty  second   day  of  June,  in  the 

year  of  our  Lord   one  thousand    seven  hundred   and   ninety 

nine,  to  the  contrary  notwithstanding. 

Seiectmeumay       gECT.  2.     Be  it  further  enacted.  That  the  selectmen  of  the 

appoint  places  ,-    t-»  i     h    i  i      i  i  i 

for  teams  &c.  town  oi  boston,  shall  be,  and  they  hereby  are  empower- 
ed to  appoint  suitable  places  in  the  streets  or  squares  of  said 
town,  in  which  all  waggons,  carts,  sleds,  or  other  carriages, 
shall  be  directed  to  •^t'^nd. 

Sect.  3.  Be  it  further  enacted,  That  said  selectmen  shall 
have  power  from  time  to  time,  to  make  and  adopt  such  rules 
and  orders,  for  the  due  regjulation  of  all  such  carriages,  in  the 
streets  of  the  town  of  Boston,  as  to  them  shall  appear  necessary 
and  expedient ;  which  rules  and  orders  shall  be  published,  at  least 
one  week,  in  two  of  the  newspapers  printed  in  the  said  town  ; 
and  any  owner  or  driver  of  any  carriage,  who  shall  offend 
against  any  such  rule  or  order,  so  adopted  and  published, 
shall  forfeit  and  pay  a  sum  not  exceeding  five  dollars,  to  be 
recovered  upon  complaint  of  either  one  of  the  selectmen  of 


1809. Chap.  28— .30  241 

said  town  of  Boston,  before  any  one  of  the  Justices  of  the  peace 
for  the  county  of  Suffolk ;  and  all  such  tines  and  forfeitures  shall 
be  paid  for  the  use  of  the  person  prosecuting  for  breach  of  any 
such  rule  or  order.  [June  19,  1809.]  Further  act— 1816  ch. 
90. 

An  Act  to  unite  and  incorporate  the  town  of  Loudon  and  district  of  Betlilehem,    Qhnj)    99 
in  the  county  of  Berkshire,  into  one  town,  by  the  name  of  Loudou.  "*        * 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the.  authority  of  the 
same,  That  from  and  after  the  first  day  of  March  next,  the  l^'^^Z. '"'"'" 
town  of  Loudon  and  the  district  of  Bethlehem,  in  the  county 
of  Berkshire,  be  and  ihey  hereby  are  united  into  one  town  by 
the  name  of  Loudon. 

Sect.  2.     Be  it  further  enacted.  That   the  selectmen  of  the  Meeting  for 
town  of  Loudon  be  and  they  hereby  ai"e   authorized  and   em-  choice  of  oflS- 
powered  to  issue  their  warrant  in  the  month  of  February  next,  '"^* 
directed  to  the  constables  of  the  town  of  Loudon  and  district 
of  Bethlehem,  or  such  other  person,  or  person?,  as  they  shall 
appoint  for  that  purpose,  requiring  them  to  notify  and  warn  a 
meeting  of  the  inhabitants  of  the  town  of  Loudon  and  district 
of  Bethlehem,  fourteen  days  at  least,  before   the   first  day  of 
March  next,  to  meet   and   assemble  on    the  said   first   day  of 
March,  at  such  place  in  said  town,  as  the  said  selectmen  shall 
appoint  for  the  purpose  of  choosing  town  officers,  and   doing 
such  other  business  as  shall  be  expressed  in  the  said  warrant. 

Sect.  3.  Be  it  further  enacted.  That  all  state,  county,  town, 
and  ministerial  taxes  due,  and  debts  contracted  by  either  the 
town  of  Loudon  or  the  district  of  Bethlehem,  previous  to  the 
first  day  of  March  next,  shall  be  paid  by  them  respectively. 

Sect.  4.  Be  it  further  enac/cj.  That  the  stock  and  property 
owned  by  the  said  town  of  Loudon,  or  district  of  Bethlehem, 
shall  from  and  after  the  said  first  day  of  March  next  become 
one  entire  fund,  and  be  the  property  of  the  said  town  of  Lou- 
don.    [June  19,  1809.]     Name  altered  to  Otis — 1810  ch.  1. 

An  Act  to  incorporate  Benjamin  Smith  and  others,  by  the  name  of  Tlie   Frank-    Chap,  30, 
lin  Mechanic  Association.  •' 

Sect.   1.     BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General    Court    assembled,  and  by  the  authority  of 
the  same,  That  Benjamin  Smith,  Joseph   P*Iansfield,  and  John 
Hooper  Greirory,  with  their  associates,  and  such  as  may  here-  porated.'"*^"'" 
after  join   with  them,  be    and    they  arc  hereby  incorporated 
into  a  body  politic   by  the  name  of  The  Franklin   Mechanic 
Association,  in   Marblehead,  for  the  purpose  of  encouraging 
and  promoting  the  general  interest  of  the  arts  and  sciences,  as 
well  as  affording  relief  to  the  distressed  ;  that  they  shall  have 
perpetual  succession  by  the  said  name,  have   power  to  make  Powersofthe 
all    by-laws  and  regulations,    necessary  for  maintaining  and  Corporation, 
promoting  the  purposes  of  their  institution,  and  not  repugnant 
to  the  constitution  or  laAvs  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Franklin  Me- 
chanic Association  in  Marblehead,  be,  and  hereby  are  autho- 
rized and  empowered  to  make,  and  use  a  coaunon  seal,  and 

VOL.   IV.  31 


242 


1809. 


Chap.  30—33. 


EmpowereJ  to 
hold  real  es- 
tate. 


Officers. 


This  Act  sub- 
ject to  repeal. 


Chap.  33. 


Persons  incor- 
porated. 


1804  eh.  125. 


hereby  are  made  liable  to  be  sued,  and  empowered  to  sue,  and 
defend  in  their  said  corporate  capacity  in  any  of  the  courts  ot 
law  of  this  Commonwealth,  and  to  make  purchases,  and  receive 
subscriptions,  grants  and  donations  of  real  or  personal  estate, 
not  exceeding  the  sum  of  fifty  thousand  dollars  in  either,  and 
to  dispose  of  their  property  at  any  time,  as  to  a  majority  of 
their  corporation,  shall  seem  fit  and  meet,  the  said  majority 
being  restricted  to  the  before  mentioned  purposes  of  the  insti- 
tution. .  , 

Sect.  3.  Be  it  further  enacted,  That  the  said  society  be  and 
are  hereby  authorized  to  meet  on  the  third  Thursday  of  July 
next  and  ever  after,  annually,  on  the  last  Thursday  of  pecem- 
ber,  to  choose  a  president,  clerk,  treasurer,  and  such  other  oth- 
cers,  as  to  them  may  appear  necessary,  each  to  continue,  until 
others  may  be  chosen  in  their  room  and  s^^ad ;  the  said  clerk 
and  treasurer  to  be  sworn  to  the  faithful  discharge  of  the  duties 
of  their  several  offices.  c  u    i. 

Sect.  4.  Be  it  further  enacted,  That  Joseph  Mansheid,  be 
authorized  and  empowered  to  call  a  meeting  of  the  members 
of  the  said  association,  on  the  third  Thursday  of  July  next,  be- 
fore mentioned,  at  such  place  as  to  him  may  seem  proper. 

Sect.  5.  Be  it  further  enacted,  That  the  Legislature  may, 
from  time  to  time,  make  further  provisions,  and  regulations  for 
the  management  of  this  corporation,  and  may  repeal  the  whole 
or  part  of  this  Act  whenever  it  shall  be  deemed  expedient. 
[June  20,  1809.] 

An  Act  to  establish  a  corporation,  by  the  name  of  The  Granville  Turnpike  Cor- 
poration. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Justus  Rose,  of  Granville,  in  the  county  of  Hamp- 
shire, together  with  such  others  as  have  or  may  hereafter  as- 
sociate with  him,  their  successors  and  assigns,  be  and  they 
hereby  are  made  a  corporation  by  the  name  of  The  Granville 
Turnpike  Corporation,  for  the  purpose  of  making  and  keeping 
in  repair  a  turnpike  road  from  the  south  line  of  this  Common- 
wealth, at  or  near  the  ending  of  a  turnpike  road  lately  estab- 
lished by  the  state  of  Connecticut,  from  the  city  of  Hartford, 
to  said  south  line  of  Massachusetts,  thence  through  the  east 
parish  of  Granville  into  the  town  of  Blanford,  in  the  same 
course  and  direction  in  which  the  road  of  the  Eleventh  Massa- 
chusetts Turnpike  Corporation  was  lately  located,  till  it  inter- 
sects a  county  road  near  the  house  of  Jedidiah  Smith,  Esq. 
leading  from  'Blanford  to  Loudon  ;  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,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  five. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation 
shall  be  allowed  to  erect  one  gate  on  the  said  road,  at  or  near 
the  dwelling-house  of  the  said  Justus  Rose.  [June  20,  1809.] 
Add.  act— 1811  eh.  128. 


1809. Chap.  35.  243 

An  Act  to  incorporate  Nicholas  Tliorndike  and  others,  into  a  company,  by  the  Qjign,  35, 
name  of  The  Beverly  Marine  Insurance  Company.  '' 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Nicholas  Thorndike,  William  Leach,  and  Josiah  Persons  incqr- 
Gculd,  and  all  others  who  have  already,  or  shall  hereafter  be-  P»rated. 
come  stockholders  iu  the  said  company,  being  citizens  of  the 
United  States,  be,  and  they  hereby  are  incorporated  into  a 
company,  or  body  politic,  by  the  name  of  The  Beverly  Marine 
Insurance  Company,  for  and  during  a  term  which  shall  not 
exceed  twenty  years  from  the  passing  of  this  Act,  and  by  that 
name  may  sue  and  be  sued,  plead  or  be  impleaded,  appear, 
prosecute  and  defend  to  final  judgment  and  execution,  and 
may  have  a  common  seal  which  they  may  alter  at  their  plea- 
sure, and  may  purchase,  hold  and  convey  any  estate  real  or 
personal,  for  the  use  of  said  company,  subject  to  the  restric- 
tions hereafter  mentioned. 

Sect.  2.  Be  it  further  enacted,  That  the  capital  stock  of  Capital  stock, 
said  company,  exclusive  of  premium  notes,  or  profits  arising 
from  the  business  of  said  company,  shall  be  one  hundred  thou- 
sand dollars,  of  which  not  more  than  twenty  thousand  dollars 
shall  at  any  time  be  Invested  in  real  estate;  and  said  capital 
stock  shall  be  divided  into  one  thousand  shares. 

Sect.  3.  Be  it  further  enacted,  That  the  stock,  property  and  Directors, 
interests  of  said  company,  shall  be  managed  and  conducted  by 
seven  directors,  who  shall  hold  their  offices  respectively  one 
year,  and  until  others  shall  be  chosen,  and  no  longer;  and  shall 
be  elected  on  the  fourth  Monday  of  July,  in  each  and  every 
year,  at  such  time  of  the  day,  and  in  such  place  in  the  town  of 
Beverly,  as  a  majority  of  the  directors  for  the  time  being  shall 
appoint;  of  which  election  public  notice  shall  be  given  in  the 
Salem  Gazette,  or  in  some  other  newspaper,  which  shall  be 
printed  in  the  town  of  Salem,  two  weeks  successively,  immedi- 
ately preceding  said  election  ;  and  the  directors  who  shall  be 
chosen,  shall  meet  as  soon  as  may  be  after  each  election,  and 
shall  choose  one  of  their  number  to  be  president,  to  continue 
in  office  for  one  year;  and  the  president  and  directors  who  President, 
shall  be  thus  elected,  shall  be  sworn  to  the  faithful  discharge  To  be  sworn, 
of  the  duties  of  their  respective  offices  ;  and  in  case  of  the 
death,  resignation  or  inability  to  serve  of  the  president,  or  of 
any  director,  such  vacancy,  or  vacancies  shall  be  filled  for  the 
remainder  of  the  year,  in  which  they  shall  happen,  by  a  spe- 
cial election  for  the  purpose,  which  shall  be  notified  and  holden 
in  the  same  manner  herein  before  prescribed  respecting  annual 
elections  of  directors;  and  all  elections  and  other  questions 
shall  be  decided  by  a  majority  of  the  votes  of  the  stockholders 
present,  allowing  one  vote  to  each  share  in  the  capital  stock; 
Provided,  that  no  stockholders  shall  be  allowed  more  than  ten  Proviso, 
votes,  and  that  in  the  choice  of  directors  the  stockholders  not 
present,  may  vote  by  proxy,  under  such  regulations  as  the 
company  shall  prescribe ;  and  the  said  directors  shall  have 
power  to  allow  to  the  president  annually,  a  reasonable  salary 
or  compensation  for  his  services. 


244 


1809. 


Chap.  35. 


Qualifications 
of  directoit. 


Proviso. 


Meetings, 


Insurance. 


Policies  to  be 
subscribed  by 
the  President. 


Proviso. 


Amount  of 
stock  to  be 
published. 


Sect.  4.  Be  it  further  enacted^  That  no  person  shall  be  eli- 
gible as  a  director  of  the  company  by  this  Act  established,  who 
shall  not  be  a  stockholder  in  said  company,  or  who  shall  be  a 
director  of  any  other  company,  carrying  on  the  business  ot 
Marine  Insurance. 

Sect.  5.  Be  it  further  enacted,  That  the  President  and  Di- 
rectors shall  have  full  power  to  make  and  prescribe  such  by- 
laws, rules  and  regulations,  as  to  them  shall  appear  needful 
and  proper,  respecting  the  management  of  the  stock,  estate  and 
effects  of  said  company,  and  the  transfer  of  the  shares,  and 
touching  the  duties  and  conduct  of  the  several  officers,  clerks 
and  servants  employed  ;  the  meetings  of  the  stockholders,  and 
of  the  directors,  the  manner  of  voting  in  such  meetings,  and  all 
such  m  itters  as  appertain  to  the  business  of  Marine  Insurance; 
and  shall  also  have  power  to  appoint  a  secretary  and  so  many 
clerks,  agents  and  servants,  as  they  shall  find  to  be  necessary, 
and  to  allow  to  the  persons  who  shall  be  thus  appointed,  rea- 
sonable salaries  and  compensations:  Provided,  That  such  by- 
laws, rules  and  regulations  be  not  repugnant  to  the  constitution 
or  laws  of  this  Commonwealth. 

Sect.  6.  Be  it  further  enacted,  That  the  sum  of  thirty  dol- 
lars on  each  share  of  the  capital  stock  of  said  company  shall 
be  paid  within  thirty  days  after  the  first  meeting  of  the  stock- 
holders, and  that  the  residue  of  each  share  shall  be  paid  within 
twelve  months  from  the  term  limited  for  the  said  payment,  at 
such  instalments,  and  in  such  manner,  and  under  such  penal- 
ties, as  the  said  company  shall  direct. 

Sect.  7.  Be  it  further  enacted,  That  there  shall  be  stated 
meetings  of  the  directors,  at  least  four  times  in  each  year,  and 
whenever  the  President  and  Directors  shall  deem  proper;  and 
the  President  and  a  committee  of  two  of  the  Directors  to  be  by 
him  appointed  in  rotation,  shall  assemble  daily,  if  necessary, 
for  the  transaction  of  business;  and  the  said  board  of  Directors 
or  the  President  and  committee  aforesaid,  shall  have  power 
and  authority  on  behalf  of  the  company,  to  make  insurances  on 
vessels,  freights,  money,  goods,  and  effects,  and  against  capti- 
vity of  persons,  and  on  the  life  of  any  person  during  his  ab- 
sence by  sea,  and  in  cases  of  money  lent  upon  bottomry  and 
respondentia,  and  to  fix  the  premium  and  terms  of  payment ; 
and  all  policies  of  insurance  by  them  made  shall  be  subscribed 
by  the  President,  or  in  case  of  his  death,  sickness  or  inability 
or  absence,  by  any  two  of  the  Directors,  and  countersigned  by 
the  secretary,  and  shall  be  binding  and  obligatory  upon  the  said 
company,  and  have  the  like  effect  and  force  as  if  under  the 
seal  of  the  company;  and  all  losses  arising  under  any  policy 
so  subscribed,  may  be  adjusted  and  settled  by  the  President 
and  board  of  Directors,  and  the  same  shall  be  binding  on  the 
company  :  Provided,  That  no  insurance  shall  be  made  by  the 
said  President,  Directors  or  Company  until  the  said  first  instal- 
ment of  thirty  dollars  on  each  share  of  the  capital  stock,  shall 
be  fully  paid. 

Sect.  8.  Be  it  further  enacted,  That  the  President  and  Di- 
rectors of  said  company  shall,  previous  to  their  subscribing  any 


1809. Chap.  35.  245 

policy,  and  once  in  every  year  after  publish,  in  some  newspa- 
per printed  in  Salem,  the  amount  of  their  stock,  against  what 
risks  they  mean  to  insure,  and  the  largest  sum  they  mean  to 
take  on  any  one  risk;  but  in  no  case  shall  they  be  allowed  to 
take  a  greater  sum  than  ten  per  centum  on  the  amount  of  their 
capital  stock  actually  paid  in. 

Sect.  9.     Be  it  further  enacted^   That  in  case  of  any  loss  or  individual  es- 
losses  taking  place,  equal  to  the  capital  stock  of  said  company,  tates  made 
or  to  the  amount  of  said  capital  stock,  actually  paid  in,  if  the  '^^coumabe. 
President  or  Directors  knowing  of  such   loss  or   losses,  shall 
subscribe  to  any  policy  or  policies  of  insurance,  the  said  Pre- 
sident or  Directors  and  their  estates  shall  be   liable  and  ac- 
countable, jointly  and  severally,  for  the   amount  of  any  and 
every  loss  which  shall  take  place  under  policies  so  subscribed. 

Sect.  10.  Be  it  further  enacted^  That  it  shall  be  the  duty  of 
the  President  and  Directors  on  the  fourth  Monday  of  January 
and  July,  in  every  year,  to  make  dividends  of  so  much  of  the 
interest  arising  from  their  capital  stock,  and  the  net  profits  of 
the  said  company,  as  to  them  shall  appear  advisable,  except 
monies  received,  and  notes  taken  for  premiums  on  risks  yet  un- 
determined, which  shall  not  be  considered  as  part  of  the  pro- 
fits of  the  company ;  which  dividends  shall  be  payable  at  the 
office  of  the  company,  and  in  case  of  any  loss  or  losses,  where- 
by the  capital  stock  of  the  company  shall  be  lessened  before 
all  the  instalments  are  paid  in,  each  stockholder's  estate  shall 
be  accountable  for  the  instalments  that  may  remain  unpaid  on 
his  share  or  shares,  at  the  time  of  such  loss  or  losses  taking 
place  ;  and  no  subsequent  dividend  shall  be  made,  until  a  sum 
arising  from  the  profits  of  the  business  of  the  company  equal 
to  such  diminution  shall  have  been  added  to  the  capital;  and 
that  once  in  every  three  years,  and  oftener  if  required  by  the 
stockholders,  the  Directors  shall  lay  before  the  company  at  a 
general  meeting  an  exact  and  particular  statement  of  the  pro- 
fits, if  any  there  be,  after  deducting  losses  and  dividends. 

Sect.  I].  Be  it  further  enacted,  That  the  said  company  shall 
rot,  directly  or  indirectly,  be  concerned  in  buying  or  selling  ^*°'^^*°^^  "*° 
any  goods,  wares,  merchandize  or  commodities  whatever;  and 
the  capital  stock  of  said  company,  except  that  part  which  shall 
be  invested  in  real  estate,  shall  within  the  term  of  six  months 
after  payment  of  the  same,  be  invested  either  in  the  funded 
debt  of  the  United  States,  or  of  this  Commonwealth,  or  in  the 
stock  of  the  United  States  bank,  or  of  any  incorporated  bank 
in  this  Commonwealth,  at  the  discretion  of  said  compSJny. 

Sect.  12.  Be  it  further  enacted,  That  the  president  and  di- 
rectors of  said  company  shall,  whenever  required  by  the  le- 
gislature of  this  Commonwealth,  lay  before  them  a  true  state- 
ment of  the  aff"airs  of  said  company,  and  shall  submit  them- 
selves to  examination  under  oath  concerning  the  same. 

Sect.  13.  Be  it  further  enacted,  That  Nicholas  Thorndike,  pj^^t  nieetiDe 
William  Leach,  and  Josiah  Gould,  aforesaid,  or  any  two  of 
.  them,  are   hereby  authorized   to  call  the  first  meeting  of  the 
members  of  said  corporation,  as  soon  as  may  be,  in  said  Bev- 
erly, by  advertising  the  same  for  two  weeks  in  the  Salem  Ga- 


246 


1809. 


Chap.  36. 


Chap.  36. 


Weight  limit- 
ed. 


Penalty. 


Justice  to  issue 
Jiis  warrant. 


Persons  incor- 
porated. 


zette,  printed  in  the  town  of  Salem.  [June  20,  1809.]  Add. 
acts— 1810  ch.  3:  1811  ch.  3  :  1813  ch.  1  :  1816  ch.  34: 
1821  ch.  36. 

An  Act  to  provide  for  the  storing  and  safe  keeping  of  Gunpowder  in  the  town  of 
Cambridge,  and  to  prevent  damage  from  the  same. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  after  the  first  day  of  September  next,  it  shall  not  be  law- 
ful for  any  person  living  in  said  town,  to  keep  or  have  in  any 
house,  store,  or  other  building  within  said  town,  except  such 
building  as  shall  be  provided  for  that  purpose,  and  approved 
by  the  fire-wards  and  selectmen  of  said  town,  more  than  fifty 
pounds  weight  of  gun-powder  at  any  one  time,  nor  any  quanti- 
ty thereof,  unless  the  same  shall  be  kept  in  brass,  copper,  or 
tin  cannisters  ;  and  if  any  person  or  persons  shall  so  have  or 
keep  in  any  building,  any  gunpowder  contrary  to  the  provisions 
aforesaid,  he  shall  forfeit  and  pay  the  full  value  of  the  same, 
one  moiety  thereof  to  the  use  of  the  person  who  shall  inform, 
complain  or  sue  for  the  same,  and  the  other  moiety  to  the  trea- 
surer of  the  town  of  Cambridge,  to  the  use  of  the  poor  of  the 
town  aforesaid,  to  be  recovered  with  costs,  by  information  or 
indictment  in  the  Court  of  Common  Pleas,  or  by  action  on  the 
case  before  any  court,  having  by  law  jurisdiction  and  power  to 
try  the  same  ;  and  any  Justice  of  the  Peace  of  said  county,  on 
information  supported  by  oath,  is  hereby  authorized  to  issue 
his  warrant,  returnable  to  himself  within  sixty  days,  directed 
to  any  fire-ward  or  constable  of  said  town  of  Cambridge,  re- 
quiring him  forthwith  to  seize  any  quantity  of  gunpowder  kept 
in  any  building  in  said  town,  contrary  to  this  Act,  and  to  re- 
move the  same  to  the  powder  house,  to  be  there  kept  as  security 
for  the  penalty  incurred  by  the  owner  or  possessor  thereof,  and 
until  such  penalty,  with  the  cost  of  seizing,  removing  and  stor- 
ing the  same,  shall  have  been  paid  ;  and  such  fire-ward,  or 
constables  having  such  warrant  may  seize  and  remove  any  such 
gunpowder  in  the  day  time,  giving  notice  to  the  owner  of  said 
powder,  or  occupant  of  the  building  where  the  same  may  be 
found,  by  reading  such  warrant  to  him,  or  leaving  an  attested 
copy  thereof  at  his  usual  place  of  abode  in  said  town.  And  the 
keeper  of  the  powder  house  shall  receive  and  keep  the  same 
until  the  clerk  of  the  court  in  which  the  information,  indictment 
or  action  of  the  case  had  been  pending,  shall  certify  that  said 
suit  or  jirocess  is  at  an  end,  and  settled,or  unless  property  shall 
have  been  attached  on  said  process,  or  security  given  by  the 
person  who  has  incurred  the  forfeiture,  to  respond  the  judg- 
ment. And  in  every  case  the  proprietors  of  the  powder  house 
shall  have  a  lien  on  the  powder  stored  therein,  for  their  fees 
due  for  such  storage.  \ 

Sect.  2.  Be  it  further  enacted,  That  John  Hayden  and  his  as- 
sociates, be  and  hereby  are  incorporated  and  made  a  body  po- 
litic by  the  name  of  the  Powder  House  Corporation,  and  may 
have  and  enjoy  all  the  powers  and  privileges,  which  are  by  law 
incident  to  corporations,  for  the  purpose  of  building  a  powder 


1809. Chap.  36—39.  247 

house  in  Cambridge,  aforesaid,  for  the  storage  and  safe  keep- 
ing of  gunpowder  ;  and  to  purchase  and  hold  a  suitable  piece 
of  land  on  which  to  erect  the  same,  the  place  and  building  to 
be  approved  and  accepted  by  the  fire-wards  and  selectmen  of 
Cambridge. 

Sect.  3.  Be  it  further  enacted,  That  said  powder  house  cor- 
poration, shall  constantly  keep  a  suitable  person,  who  shall  be  Supermtend- 
approved  by  the  fire-wards  of  said  town  to  superintend  said 
powder  house,  and  shall  be  obliged  -o  receive  and  deliver  pow- 
der into  and  from  the  same,  and  shall  be  allowed  to  receive  at  jjj^  ^^„  ^^^ 
the  rate  of  five  cents  per  month,  for  the  storage  of  every  cask  fees, 
of  gunpowder  containing  twenty-five  pounds,  and  in  proportion 
for  a  larger  or  smaller  quantity ;  and  at  the  rate  of  two  and  a 
half  cents  per  month  for  every  cask  of  like  weight  for  every 
month  after  the  first,  during  all  the  time  which  it  shall  be  stor- 
ed or  kept  therein,  and  twenty-five  cents  upon  each  delivery  of 
any  quantity  thereof;  and  the  proprietors  of  said  powder  house 
shall  be  held  responsible  both  in  the  corporate  and  individual 
property  to  any  owner  or  depositor  of  powder  in  said  house, 
for  any  damage  arising  from  the  deficiency  of  said  house,  or 
the  refusal,  delay,  or  gross  negligence  of  the  keeper. 

Sect.  4.  Be  it  further  enacted,  That  the  said  John  Hayden,  First  meeting 
shall  have  a  right  to  call  the  first  meeting  of  said  corporation,  called. 
by  posting  up  notice  thereof  at  two  public  places  in  said  town 
at  least  five  days  previous  to  such  meeting,  at  which  time  they 
may  choose  such  officers  for  the  management  of  said  corpora- 
tion, as  they  may  think  fit,  and  make  such  bj^-laws  for  their 
own  regulation,  as  are  not  repugnant  to  the  laws  of  this  Com- 
monwealth. 

Sect.  5.  Be  it  farther  enacted.  That  the  legislature  may  at  This  act  sub- 
any  time  after  two  years  from  the  passing  of  this  act,  repeal,  ject  to  repeal, 
alter  or  amend  the  same.     [June  20,  1809.] 

An  Act  to  set  oft'  certain  lands  belonging  to  the  town  of  Taunton,  and  to   annex   (Jhop.  39. 
them  to  the  town  of  Berkley. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  all  the  lands  belonging  to  Simeon  Burt,  Abner  Burt,  Ed- 
mund Burt,  and  the  heirs  of  Stephen  Burt,  deceased,  which  be-  J^^BeSy!''^^ 
long  to  the  town  of  Taunton,  but  lie  within  the  bounds  of  the 
town  of  Berkley,  with  all  the  buildings  standing  on  the  same, 
be,  and  they  are  hereby  set  ofi'  from  the  town  of  Taunton,  and 
shall  be  annexed  to,  and  made  part  of  the  town  of  Berkley  : 
Provided  however,  that  the  said  Simeon  Burt,  Abner  Burt,  Ed- 
mund Burt,  and  the  heirs  of  Stephen  Burt,  shall  be  holden  to 
pay  their  respective  proportions  of  all  state,  county,  town,  and 
parish  taxes  assessed  upon  them,  and  due  to  the  said  town  of 
Taunton,  prior  to  the  date  of  this  Act. 

Sect.  2.  Be  it  further  enacted.  That  there  shall  be  taken  from 
the  town  of  Taunton,  and  be  added  to  the  town  of  Berkley, 
three  cents  in  the  state  valuation,  which  shall  be  the  rule  for 
assessing  the  said  towns  for  state  and  county  taxes,  until  there 
shall  be  a  new  valuation  taken.     [Feb.  6,  1810.] 


248  1809. Chap.  41—43. 


Cha/D    41  ■^"  '^^^  '■"  '1'^'^'*'°"  *"  ^n  ^'^h  entitled  "  An  Act  for  incorporating  certain  persons 

—   ■'  *        '  for  the  purpose  of  building  a  bridge  over  Charles  River,  between  Cambridge  and 

Brighton,  in  the  county  of  Middlesex." 


1807  ch.  74. 


BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
a  further  time  of  one  year  from  and  after  the  second  day  of 
March  next,  be  allowed  to  the  proprietors  of  the  Brighton  and 
Cambridge  Port  Bridge,  for  building  the  bridge  and  road,  which 
they  are  authorized  to  build  by  the  Act,  entitled  "  An  Act  for 
incorporating  certain  persons  for  the  purpose  of  building  a 
bridge  over  Charles  river,  between  Cambridge  and  Brighton  in 
the  county  of  Middlesex."     [Feb.  13,  1810.]  ^ 

L/tiapt  4o.  An  Act  to  incorporate  the  Bible  Society  of  Massachusetts. 

WHEREAS  the  persons  hereafter  named  in  this  Act,  toge- 
Preambie.  j-jjgp  ^j(]^  many  Other  citizens  of  this  Commonwealth,  have  for- 
med themselves  into  a  society  for  the  purpose  of  raising  a  fund 
by  voluntary  contribution,  to  be  apyiropriated  in  procuring  bi- 
bles and  testaments  of  the  version  in  common  use  in  the  chur- 
ches of  New-England,  for  distribution  among  all  persons  inha- 
biting within  the  state  and  elsewhere,  who  are  destitute  of  the 
sacred  scriptures,  and  who  cannot  be  conveniently  supplied 
without  the  aid  of  others.  And  whereas,  in  order  that  the  pious 
and  laudable  objects  of  said  society  may  be  better  carried  into 
effect,  and  the  charity  of  said  society  jnore  extensively  diffu- 
sed, they  have,  by  their  committee,  prayed  for  an  act  of  incor- 
poration. 

Sect.  1 .  Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
porS.  ""°"  ««"^^'  That  William  Phillips,  Esq.  the  Rev.  .John  Lathrop,  D.  D. 
Rev.  Joseph  Eckley,  D.  D.  Rev.  James  Freeman,  Rev.  Eli- 
phalet  Porter,  D.  D.  Rev.  Abiel  Holmes,  D.  D.  Rev.  Thomas 
Baldwin,  D.  D.  the  Hon.  William  Brown,  Francis  Wright,  Esq* 
Hon.  Isaac  Parker,  Hon.  Peter  C.  Brooks,  John  Tucker,  Esq. 
Joseph  Hurd,  Esq.  Mr.  Joseph  Sewall,  Bedford  Webster,  Sa- 
muel Parkman,  Joseph  May,  and  Henry  Hill,  Esqrs.  the  Rev. 
John  Pierce,  the  Rev.  Joseph  S.  Buckminster,  and  Mr.  Samuel 
H.  Walley,  together  with  those  who  have  associated,  and  who 
may  hereafter  associate  with  them,  for  the  purposes  aforesaid, 
be  and  they  hereby  are  incorporated  into  a  society,  by  the 
name  of  the  Bible  Society  of  Massachusetts. 

Sect.  2.  Be  it  further  enacted,  That  the  said  William  Phillips, 
privile^cs"'^  and  Others  above  named,  and  their  associates,  shall  be  and  re- 
main a  body  corporate,  by  the  said  name  and  title,  during  the 
pleasure  of  the  legislature,  and  may  have  a  seal  which  they 
may  alter  at  pleasure  ;  and  the  said  society  shall  be  capable 
of  taking,  and  receiving  from  any  persons  disposed  to  aid  the 
benevolent  purposes  of  this  institution,  any  grants  or  devises  of 
lands  arte  tenements  in  fee  simple  or  otherwise,  and  dona- 
tions, bequests,  and  subscriptions  of  money  or  other  property, 
to  be  used  and  improved  for  the  purposes  aforesaid. 

Sect.  3.  Be  it  further  enacted.  That  the  said  corporation  shall 
be,  and  hereby  are  empowered  to  purchase  and  hold  any  real 


1809. Chap.  43-^4.  249 

estate  other  than  that  which  may  be  given  as  aforesaid  :  Provided, 
the  whole  vahie  of  the  estate,  real  or  personal,  of  said  society, 
shall  not  exceed  the  sum  of  one  hundred  thousand  dollars. 

Sect.  4.  Be  it  farther  enacted,  That  the  said  society  may  sue  May  sue  and 
and  be  sued  in  their  corporate  capacity,  and   may  appoint  an  ^^  ^"®'^* 
agent  or  agents  to  prosecute  and  defend  suits   with  power  of 
substitution. 

Sect.  5.  Be  it  further  enacted,  That  said  society  may  choose  Officers. 
a  president,  vice-president,  treasurer,  secretaries,  trustees,  and 
such  other  officers  as  they  shall  see  fit ;  and  may  make  and 
establish  such  rules  and  regulations  as  to  them  shall  appear 
necessary  :  Provided,  the  same  be  not  repugnant  to  the  laws  or 
constitution  of  this  Commonwealth. 

Sect.  6.  Be  it  further  enacted,  That  William  Phillips,  Esq.  be 
and  he  hereby  is  authorized  by  notification  in  any  two  of  the 
newspapers  printed  in  Boston,  to  appoint  the  time  and  place  of 
the  first  meeting  of  said  society,  at  which  meeting  the  said  so- 
ciety may  appoint  the  time  and  place  of  their  annual  and  other 
meetings,  and  the  manner  of  notifying  the  same;  may  choose 
the  officers  aforesaid,  may  prescribe  their  duty,  and  may  vest 
in  the  trustees,  the  number  of  which  may  bc'determined  by 
the  said  society,  but  shall  not  exceed  thirty,  such  powers,  con- 
formable to  the  principles  of  this  institution,  as  shall  be  deem- 
ed necessary.     [Feb.  15,  1810.] 

An  Act  for  the  better  security  of  tlie  town  of  Charlestown  against  fire.  Chap,  44, 

^  Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Thnt  from  and   after   the   first  day  of  August  next,  no  public  No  wooden 
buildings  of  any  kind  whatsoever,  shall  be  erected  or  built  in  e,"JS Vhh^n 
the  town  of  Charlestown  within  the  neck,  (so  called)  from  the  certain  limits, 
bridge  over  the  canal,  thence  to  Medford  river,  by  the  nearest 
course  one  way,  and   from  the   same  bridge  by  the  mill  pond 
the  other  way,  unless  all  the  external  sides,  and   ends   thereof, 
shall  be  built  or  composed  of  brick  or  stone,  except  so  much 
as  shall  be  necessary  for  doors  and  windows.  And  that  all  oth-  ^  u 

„     1      -1  1-  f  1  •     1       1  I  ,.  ■.  Other  restnc- 

er  buildings,  ot  any  kmd  whatsoever,  hereafter  erected,  more  tions. 
than  twelve  feet  high  from  the  ground  to  the  highest  point  of 
the  roof  thereof,  shall  have  one  of  the  largest  sides,  or  two  ends 
thereof  built  of  brick  or  stone,  except  so  much  as  shall  be  ne- 
cessary for  doors  and  windows;  when  the  house  or  other  build- 
ings shall  stand  with  the  end  to  the  street,  the  backs  shall  be 
built  of  brick  or  stone  to  the  plate  ;  when  the  front  stands  to 
the  street,  the  ends  shall  be  of  brick  or  stone,  and  shall  rise  in 
battlements  at  least  three  feet  above  the  roof,  and  no  brick  or 
stone  wall  shall  be  deemed  sufficient  within  the  meaning  of  this 
Act,  unless  the  same  shall  be  at  least  twelve  inches  thick  in  the 
lower  story,  and  eight  inches  thick  above  the  lower  story.  And 
all  double  houses,  viz.  where  two  houses  join  together,  shall 
have  a  partition  wall,  which  shall  be  built  of  brick  or  stone  at 
least  twelve  inches  thick,  and  shall  rise  in  battlements  at  least 
three  feet  above  the  roof.  And  every  house  shall  be  provided 
with  a  scuttle  through  the  roof,  and  a  conveyance  to  and  through 
V0I-.  IV.  32 


L50 


1809. 


Chap.  44. 


Proviso. 


Penalty  for  a 
breach  of  this 
act. 


Assessments  on 
buildings  not 
conformable  to 
this  act. 


Proviso. 


Kettles,  fcc. 
to  be  secured. 


Proviso. 


No  person  to 
carry  fire,  can 
dies  or  lamps 
ill  streets,  &c. 


the  same  and  a  safe  railing  on  the  roof  of  the  house  ;  and  all 
additions  which  shall  be  made  on  the  ground  to  buildings  al- 
ready erected,  shall  be  considered  within  the  restrictions  and 
regulations  of  this  Act :  Provided  nevertheless,  that  upon  any 
wharf,  marsh  or  other  place,  where  no  sufficient  foundation  for 
walls  of  brick  or  stone,  can  be  obtained  Avithout  unreasonable 
expense,  upon  permission  of  the  selectmen,  wooden  buildings 
may  be  erected  :  Provided,  all  the  external  sides  thereof  shall 
be  covered  with  lime-mortar,  or  some  incombustible  composi- 
tion. 

Sect.  2.  Be  it  further  enacted,  That  every  person  who  shall 
erect,  or  add  to,  or  cause  to  be  erected  or  added  to  any  build- 
ing in  said  town  of  Charlestown  within  the  limits  aforesaid,  con- 
trary to  the  true  intent  and  meaning  or  against  the  provisions 
of  this  Act,  shall  forfeit  and  pay  a  fine  not  less  than  fifty  dol- 
lars, nor  more  than  five  hundred  dollars,  according  to  the  na- 
ture and  aggravation  of  the  offence,  to  be  recovered  by  infor- 
mation in  the  Supreme  Judicial  Court  in  the  county  of  Middle- 
sex, which  it  shall  be  the  duty  of  the  Attorney  General  and  So- 
licitor General  to  file,  in  all  cases  which  may  come  to  their 
knowledge  respectively,  or  by  indictment  before  said  court. 

Sect.  3.  Be  it  further  enacted,  That  in  addition  to  the  fine 
above  mentioned,  there  shall  be  laid  and  assessed  upon  every 
house  or  other  building  which  shall  be  erected  contrary  to  the 
provisions  of  this  act,  the  sum  of  fifty  dollars  annually,  and  it 
shall  be  the  duty  of  the  selectmen  of  said  town  of  Charles- 
town,  to  return  to  the  assessors  of  said  town  annually  a  list  of 
all  such  houses  or  other  buildings  erected  against  the  provi- 
sions of  this  act,  with  attested  copies  of  the  record  of  the  con- 
viction of  the  person  or  persons  who  erected  the  same,  be- 
fore the  Supreme  Judicial  Court,  and  thereupon  it  shall  be 
the  duty  of  the  said  assessors  to  assess  upon  the  owner  or  owners 
of  such  building  or  buildings  for  the  time  being,  the  sum  of  fifty 
dollars,  in  addition  to  his,  her,  or  their  taxes,  which  shall  be 
recovered  in  the  same  way  and  manner  as  other  taxes  are  or 
shall  be  collected,  and  the  same  remedy  is  hereby  given  to  the 
collector  or  collectors  of  taxes  for  the  recovery  thereof:  Pro- 
vided nevertheless,  That  no  such  building  or  buildings  shall  be 
subject  to  such  annual  tax,  until  an  attested  copy  of  such  con- 
viction shall  have  been  duly  recorded  in  the  office  of  the  re- 
gister of  deeds  for  the  county  of  Middlesex,  whose  duty  it  shall 
be  to  receive  and  record  the  same. 

Sect.  4.  Be  it  further  enacted,  That  every  kettle,  boiler  or 
copper  for  the  use  of  any  caulker,  graver,  ship-carpenter,  tal- 
low-chandler, soap-boiler,  painter,  chemist,  druggist,  or  other 
like  artificer,  shall  be  so  fixed  in  brick  or  stone  laid  in  mortar, 
as  to  prevent  all  communication  between  the  fire,  and  the 
substance  or  substances  boiled :  Provided  nevertheless,  That 
no  person  who  may  make  soap  for  his  or  her  family  use  only 
shall  be  considered  a  soap  boiler  within  the  intent  and  mean- 
ing of  this  act. 

Sect.  5.     Be  it  further  enacted.  That  every  person  who  shall 
■  carry  any  fire  through  any  street  or  lane,  or  over  any  wharf 


1809. Chap.  44—47.  251 

in  said  town,  except  in  some  covered  incombustible  vessel,  or 
who  shall  enter  any  barn  or  stable,  or  any  other  place  of 
danger  with  a  lighted  candle  or  lamp  unless  in  a  secure  lan- 
tern, or  shall  enter  such  barn  or  stable  or  other  place  of  dan- 
ger with  a  lighted  pipe  or  segar,  shall  forfeit  and  pay  for  each 
and  every  offence  the  sum  of  two  dollars,  to  be  recovered  of  Penalty, 
the  person  so  offending,  or  of  his  or  her  parent,  guardian,  mas- 
ter or  mistress,  before  any  justice  of  the  peace  for  the  coun- 
ty of  Middlesex,  upon  complaint  made  upon  oath. 

Sect.  6.     Be  it  further  enacted,    That  if  any  person   shall   Penalty  for 
have  in  his  or  her  possession  in   any  rope-walk  within   said  parrying  fire 

1-   1       I      •  11  I  /?        »"to  aiy  rope- 

town,  any  lighted  pipe,  or  scgar,  candle  or  lamp,  or  any  lire,  walk. 

except  what  may  be  necessary  to  boil  the  tar,  for  the  use  of 
said  rope-walk,  the  which  fire  shall  be  secured  as  herein  be- 
fore provided,  he  or  they  shall  forfeit  and  pay  for  each  of- 
fence a  sum  not  exceeding  fifty  dollars  nor  less  than  five  dol- 
lars, to  be  recovered  in  any  court  proper  to  try  the  same. 

Sect.  7.     Be  it  further  enacted.  That  it  shall  be  the  duty  of  Selectmen  to 
each  and  every  selectman  in  the  said   town  of  Charlestown,  complain  of  of. 

11  i*'iri  11  •       1    ^  •         fences  against 

and  they  and  each  of  them  are  hereby  required  to  enquire  this  act. 
after  and  give  information  to  the  Attorney  General  or  Solici- 
tor General  of  all  offences  which  may  be  committed  against 
the  true  intent  and  meaning  of  this  act,  cognizable  before  the 
Supreme  Judicial  Court,  and  to  some  Justice  of  the  Peace  for 
all  offences  committed  against  this  act,  and  cognizable  by  a 
Justice  of  the  Peace. 

Sect.  8.     Be  it  further  enacted.   That  all  the  fines,  penal-  Appropriation 
ties  and  assessments  which  shall  be  recovered  by  force  of  this   of  fines  and  as- 
act,  shall  accrue  and  enure,   one  half  to  the  complainant,  and  ^^^^"^"^* 
the  other  half  to  the  poor  of  the  town   of  Charlestown,  to  be 
paid  to  the  overseers  thereof.     [Fefe.  15,  1810.]     Add.   act — 
1821  ch.  49. 

An   Act  to  set  off  a  part  of  the  town  of  Hubbardston,  in  the  county  of  Worcester,    Ckop,  47. 
and  to  annex  the  same  to  the  town  of  Piinceton. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  a  part  of  the  town  of  Hubbardston,  together  with  the  in-  Part  of  Hub- 
habitants  thereon,  as  described  within  the  following  bounds,  be  ^exed^o.*'*" 
and  are  hereby  annexed  to,  and  made  a  part  of  the  town  of  Princeton. 
Princeton,  viz.  beginning  at  a  pine  stump,  the  southeasterly 
corner  of  said  Hubbardston,  thence  north  forty-one  degrees 
west,  two  hundred  seventy  eight  rods,  to  a  stake  and  stones; 
thence  south  fifty  seven  degrees  west  two  hundred  and  eighty 
rods,  to  a  stake  and  stones  ;  thence  south  forty  one  degrees 
east,  two  hundred  and  seventy  eight  rods,  to  a  stake  and  stones 
on  Princeton  line ;  thence  on  said  line  two  hundred  and  eighty 
rods  to  the  bound  first  mentioned  ;  and  the  said  inhabitants, 
hereby  annexed  to  the  town  of  Princeton,  shall  be  entitled  to 
all  the  privileges,  and  subject  to  the  same  duties  and  requisi- 
tions, as  the  other  inhabitants  of  said  town,  according  to  the 
constitution  and  laws  of  this  Commonwealth,  and  in  as  ample 
manner  as  if  they  had  been  originally  a  part  of  the  town  of 
Princeton. 


252 


1809. 


Chap.  47—49. 


Chap.  48. 


Chap^  49. 


Preamble. 


Trustees, 


Made  a  corpo- 
rate body. 


Powers  and 

privileges. 


Clerk  and 
Treasurer, 


Certain  pro- 
perty vested  in 
the  Trustees. 


Sect.  2.  And  be  it  further  enacted,  That  the  inhabitants  of 
the  said  part  of  the  town  of  Hubbardston,  by  this  act  annexed 
to  the  said  town  of  Princeton,  shall  be  holden  to  pay  all  taxes 
legally  assessed  upon  them  in  said  town  of  Hubbardston,  and 
also  their  proportion  of  all  debts  due  from  the  town  of  Hub- 
bardston, previous  to  the  passing  of  this  act.     [Feb.  16,  1810.] 

An  Act  to  ascertain  and  establish  the  line  between  the  towns  of  Chesterfield, 
Goshfin,  and  Williamsbiirgh,  in  the  county  of  Hampshire. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  line  of  jurisdiction  between  the  towns  of  Chesterfield, 
Goshen,  and  Williamsburgh,  shall  hereafter  be  as  follows,  viz. 
Beginning  at  a  beech  tree,  marked  H.  F.  and  G.  F.  standing 
about  fifteen  rods  south  of  the  house  where  Samuel  Mott  form- 
erly lived,  in  said  Goshen,  running  southerly  in  a  line,  called 
and  known  by  the  name  of  the  Hubbard  line,  to  a  beech  stad- 
dle,  standing  in  the  north  line  of  Northampton,  marked  N.  H. 
H.  E.  C.  E.  with  a  number  of  other  letters.     [Feb.  16,  1810.] 

An  Act  to  authorize  the  sale  of  Parsonage  Lands  in  the  South  Parish  in  the 
town  of  Andover,  in  the  county  of  Essex,  to  raise  a  fund  for  the  support  of  the 
Gospel  Ministry,  in  said  Parish,  and  to  appoint  Trustees  for  the  managenaent 
thereof, 

WHEREAS  the  inhabitants  of  the  south  parish  in  the  town 
of  Andover,  have  petitioned  this  court  for  liberty  to  sell  their 
parsonage  or  ministerial  lands,  for  the  purpose  of  raising  a  fund 
for  the  support  of  the  ministry  : 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Samuel  Farrar,  Joshua  Chandler,  Benjamin  Jenkins, 
Daniel  Cummings,  Jacob  Osgood,  David  Abbott,  and  Simeon 
Furbush,  be,  and  they  hereby  are  appointed  trustees  to  ma- 
nage such  funds  as  shall  be  raised  and  appropriated  to  the  use 
aforesaid,  in  and  for  the  said  parish  ;  and  for  that  purpose 
they  are  hereby  constituted  a  body  politic  and  corporate,  by 
the  name  of  The  Trustees  of  the  Ministerial  Fund  in  the  South 
Parish  in  Andover ;  and  they  and  their  successors,  to  be  chosen 
and  appointed  in  the  manner  hereinafter  prescribed,  shall  be 
and  continue  a  body  politic  and  corporate,  hy  that  name  for- 
ever;  and  shall  have  a  common  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  execution.  And  the  said  trus- 
tees and  their  successors,  may  and  shall,  annually,  elect  a  clerk, 
who  shall  be  sworn  to  the  faithful  performance  of  the  duties  of 
his  office  ;  and  a  treasurer,  who  shall  give  bond  in  such  sum 
as  the  said  trustees  shall  deem  adequate,  with  sufficient  surety 
or  sureties,  faithfully  to  account  for  the  monies,  and  all  other 
property  he  may  receive  by  virtue  of  this  act. 

Sect.  2.  Be  it  further  enacted.  That  the  real  estate  belong- 
ing to  said  parish  appropriated  for  the  support  of  the  ministry 
thereof,  and  the  proceeds  of  the  sale  of  any  bark  or  timber, 
and  money  now  in  the  hands  of  the  treasurer  of  said  parish, 


1809. Chap.  49.  253 

received  as  damages  awarded  by  the  Court  of  Sessions,  on  ac 
count  of  a  public  road  passing  through  said  lands,  be,  and  here- 
by are  vested  in  said  trustees  and  their  successors;  and  the 
said  trustees  be,  and  hereby  are  authorized  to  sell  and  convey 
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  treasurer,  by  direc- 
tion of  said  trustees,  with  their  seal  thereto  affixed,  and  by  him 
duly  acknowledged,  shall  be  good  and  effectual  in  law,  to  pass 
and  convey  all  the  right  of  said  parish  in  and  to  said  real  es- 
tate, to  the  purchaser  thereof,  to  all  intents  and  purposes  what- 
soever :  Provided  however,  That  in  any  sale  as  aforesaid,  the  Proviso, 
approbation  of  the  said  parish  shall  be  first  expressed  at  a  le- 
gal meeting,  duly  convened  for  that  purpose,  or  by  a  commit- 
tee for  that  purpose,  by  the  said  parish  appointed. 

Sect.  3.     Be  it  further  enacted,  That  the  number  of  trustees 
shall  not  at  any  time,  be  more  than  seven  nor  less  than  five,  a 
major  part  of  whom  shall   constitute  a  quorum  for  transacting  Trustees  may 
business;  and  the  inhabitants  of  said  parish  may,  at  any  law-  be  removed, 
ful  meeting,  duly  warned  and  called  for  that  purpose,  remove 
any  of  said  trustees  from  their  said   office;  and  whenever  any 
vacancy  shall  happen  in  said  board  of  trustees,  either  by  death, 
resignation  or  removal,  the  said  parish,  at  any  parish  meeting  Manner  of  fill- 
legally  warned  for  that  purpose,  shall  fill  said  vacancy  within  '"S  vacancies, 
one  year  after  it  shall  happen  ;  and  if  the  said  parish  neglect  so 
to  do,  within  that  time,  then  the  said  trustees,  by  a  major  vote, 
shall  have  power  to  fill  such  vacancy ;  and  the  said  trustees 
shall  annually  hold  a  meeting  in  March  or  April,  and  as  much 
oftener  as  necessary,  to  transact  their  business. 

Sect.  4.     Be  it  further  enacted,  That  any  gift,  grant,  be-  Qiftg^  &c. 
quest,  or  devise,  hereafter  made  to  the  said  trustees,  shall  be  made  valid, 
valid  and  effectual  to  all  intents  and  purposes  whatsoever,  and  , 

ihey  and  their  successors  as  aforesaid,  are  hereby  empowered 
to  take,  have,  hold,  purchase,  and  exchange,  use  and  improve 
any  estate,  real  or  personal,  the  annual  income  whereof  shall 
not  exceed  the  sum  of  two  thousand  dollars,  in  trust,  for  the 
support  and  maintenance  of  the  gospel  ministry  in  said  parish; 
and  one  sixth  part  of  the  net  yearly  income  or  interest  of  said 
fund  an^  estate,  shall  by  said  trustees  be  annually  added  to 
the  principal  fund  to  increase  the  same  forever:  Provided,  It  proviso, 
shall  not  increase  beyond  the  limits  above  prescribed  ;  and 
the  remaining  five  sixths  of  the  said  interest  or  annual  in- 
come shall  be  annually  paid  to  the  regularly  settled  and  or- 
dained minister  or  ministers  of  said  parish,  in  such  manner  as 
said  parish  may  direct ;  unless  the  said  parish,  at  a  legal  meet- 
ing for  that  purpose,  duly  assembled,  shall  direct  the  whole  of 
said  income,  or  any  part  thereof^  more  than  one  sixth,  to  be 
put  at  interest  for  the  increase  of  the  fund  ;  and  such  proceeds 
of  said  fund,  whenever  the  same  shall  be  so  paid  to  said  minis- 
ter or  ministers,  shall  be  deemed  to  be  in  satisfaction  of  his 
or  their  salary,  for  the  time  being,  so  far  as  the  same  will  ap- 
ply to  the  discharge  thereof;  and  during  any  vacancy  in  the 
said  parish  of  a  regularly  ordained  and  settled  minister,  such 


254  1809.- Chap.  49. 

part  of  the  said  income  or  interest,  as  would  by  the  provisions 
of  this  act  be  applied  to  his  use,  shall  be  appropriated  to  the 
increase  of  the  principal  fund,  any  thing  herein  to  the  contrary 
notwithstanding. 
Fund,  how  ap.  Sect.  5.  Be  it  further  enacted,  That  the  said  fund  shall  al- 
propiiated,  ^^^^  ^g  holden  and  claimed  to  be  unalienable,  and  shall  never 
be  used  or  applied  to  any  other  purpose  than  the  support  of  a 
settled  minister  or  ministers  in  said  parish,  and  the  principal 
thereof  shall  never  in  any  part  be  expended,  but  always  kept 
entire,  and  one  sixth  of  the  income  shall  be  annually  added  to 
the  principal  in  manner  aforesaid ;  and  the  said  trustees  or 
their  officers,  agents,  or  attornies,  for  the  services  they  may 
perform,  shall  be  entitled  to  no  compensation  out  of  any  monies 
arising  from  the  funds  aforesaid;  but,  if  entitled  to  any,  shall 
have  and  receive  the  same  of  said  parish,  as  may  be  annually 
agreed  upon. 

Sect.  6.  Be  it  further  enacted,  That  the  said  trustees  shall 
cause  to  be  recorded  and  kept  in  their  book  of  record,  by  their 
clerk  or  treasurer,  a  statement  of  the  funds  and  estate  in  their 
hands,  wherein  shall  be  particularly  designated  the  amount 
arising  from  the  sales  of  the  parsonage  lands,  the  nature  and 
amount  of  every  grant  or  donation,  the  period  when  made,  the 
design  thereof,  and  the  donor's  or  grantor's  name  and  place  of 
abode  at  large,  with  such  other  circumstances,  as  they  may 
think  useful,  and  proper  to  distinguish  the  same,  and  perpetuate 
the  remembrance  thereof;  and  they  shall  make  report  of  such 
statements  to  the  inhabitants  of  said  parish  at  their  meeting  in 
the  month  of  March  or  April  annually,  where  the  same  shall 
be  publicly  read;  or  to  a  select  committee,  if  said  parish  shall 
choose  one  for  that  purpose,  together  with  a  specific  estimate 
of  what  estate  they  actually  hold,  and  by  what  tenure ;  what 
money  and  effects  are  due  to  them,  and  how  the  same  are  se- 
cured ;  what  receipts  have  been  obtained,  and  what  payments 
made  by  them  the  preceding  year. 
And  enlarged.  Sect.  7.  Be  it  farther  enacted,  That  the  said  trustees  shall 
always  loan  upon  interest,  all  the  money  belonging  to  said 
fund,  in  sums  of  not  less  than  two  hundred  dollars  each,  except 
from  necessity  when  they  have  not  so  large  a  sum  at  their  dis- 
posal, and  for  the  term  of  one  year,  upon  the  bond  or  note  of 
the  borrower,  with  a  mortgage  of  real  estate,  situated  either  in 
the  county  of  Essex,  Suffolk,  or  Middlesex,  of  three  times  the 
value  of  the  sum  loaned,  as  collateral  security  for  the  repay- 
ment of  the  principal  sum,  with  interest  annually  till  paid  : 
Pr«r^iso,  Provided  hmever.  That  where  any  of  the  aforesaid   parsonage 

land  shall  be  sold  upon  a  credit,  and  with  the  expectation  that 
improvements  will  be  immediately  made  upon  it,  it  shall  be 
sufficient  to  have  a  mortgage  of  the  estate  sold,  with  an  ap- 
proved surety  with  the  principal ;  and  if  any  debtor  to  said 
corporation  shall  fail  to  pay  the  interest  due  on  his  bond  or 
note  for  the  space  of  thirty  d:^.ys  after  the  same  shall  become 
due,  it  shall  be  the  duty  of  said  treasurer  to  cause  such  bond 
or  note  and  mortgage  to  be  put  in  suit,  and  prosecuted  until  it 
shall  be  obtained. 


1809. Chap.  49— 53.  255 

Sect.  8.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
said  trustees  to  use  and  improve  such  fund  or  estate,  as  shall 
be  vested  in  them  by  virtue  of  this  act,  with  care  and  vigi- 
lance, so  as  best  to  promote  the  design  thereof;  and  they  shall 
be  amenable  to  the  inhabitants  of  said  parish  for  negligence  or 
misconduct  in  the  management  or  disposition  thereof,  vi^hereby 
the  same  shall  be  impaired  or  suffer  loss,  waste,  or  diminution  y 
and  the  inhabitants  of  said  parish  may  have  and  maintain  a 
special  action  of  the  case  against  the  proper  persons  of  said 
trustees,  and  their  goods  and  estate,  for  such  negligence  or  mis- 
conduct, and  recover  adequate  damages  therefor  ;  and  any 
sum,  so  recovered  shall  be  for  the  benefit  of  said  fund,  and 
shall  be  paid  accordingly. 

Sect.  9.  Be  it  further  enacted,  That  Joshua  Chandler,  Esq. 
be  and  he  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.  [^Feb.  16, 
1810'.] 

An  Act  to  incorporate  the  Trustees  of  the  Ministerial  Fund  in  Woburn.  L/tiap.    OOt 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Benjamin  Franklin  Baldwin,  William  Jones,  Bartholo-  Trustees  in- 
mew  Richardson,  jun.  Jacob  Peirce,  and  Daniel  Wyman,  be,  <^°^P°'^**® 
and  they  are  hereby  constituted  a  body  politic  and  corporate 
by  the  name  of  The  Trustees  of  Woburn  Ministerial  Fund  ;  and 
they  and  their  successors  shall  be  and  continue  a  body  politic 
and  corporate  by  that  name  forever;  and  they  may  have  a 
common  seal,  which  they  may  alter  or  change  at  pleasure  : 
and  by  that  name  they  may  sue  and  be  sued  in  all  actions  real, 
personal,  or  mixed,  and  prosecute  and  defend  the  same  to  final 
judgment  and  execution. 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation 
shall  and  may  annuall}'  elect  a  president,  and  a  clerk  to  record 
the  doini!;s  and  transactions  of  the  trustees  at  their  meetings, 
and  a  treasurer  to  receive  and  apply  the  monies  herein  after 
mentioned,  as  herein  after  directed,  and  any  other  needful  offi- 
cers for  the  better  managing  of  their  business. 

Sect.  3.     Be  it  further  enacted.   That  the  number  of  trus-  Pour  trustees 
tees  shall  not,  at  any  one  time,  be  more  than  seven  nor  less  "u^Jne'sT^^^' 
than  five,  and  four  of  them  may  constitute  a  quorum  for  tran- 
sacting business ;  and  the  town,  or  congregational  society,   as  Powers, 
the  case  may  be,  at  a  meeting  legally  warned  for  that  purpose, 
shall  and  may,  from  time  to  time,  fill  up  any  vacancies  in  their 
number,  which  may  happen  by  death,  resignation  or  otherwise, 
and  may  also  remove  any  of  their  number  who  may  become 
unfit  or  incapable  from  age,  infirmity,  misconduct,  or  any  other 
cause,  to  discharge  their  duty,  and  to  supply  any  vacancy  so 
made,  within  twenty  days  after  it  shall  happen,  by  a  new 
choice,  from  the  niem^^ers  of  the  congregational  society  in  Wo- 
burn ;  and  in  case  said  town  or  society  neglect  so  to  do  within 
that  time,  then  said  trustees^  by  a  major  vote,  shall  have  pow- 


256 


1809. 


Chap.  53. 


Clerk,  his  pow' 
er  and  duty. 


Penalty. 


Power  and  du- 
ty of  the  trea- 
surer. 


Penalty. 


Fund,  how 
raised  and 
regulated. 


er  to  fill  up  such  vacancy  from  the  society  aforesaid,  saving  to 
the  legislature  a  right,  at  any  future  time,  to  make  such  fur- 
ther provisions,  relative  to  the  filling  up  all  vacancies  which 
may  happen  in  said  board,  as  they  may  think  proper ;  and 
said  trustees  shall  annually  hold  a  meeting  in  the  month  of 
January,  and  as  much  oftener  as  may  be  necessary,  to  tran- 
sact their  business  ;  which  meetings,  after  the  first,  shall  be 
called  in  such  manner  as  the  trustees  may  direct. 

Sect.  4.  Bi  it  further  enacted,  That  the  clerk  of  said  cor- 
poration shall  be  a  member  thereof,  and  shall  be  sworn  in  the 
same  manner  as  town  officers,  to  the  faithful  performance  of 
the  duties  of  his  office ;  and  he  shall  have  the  care  and  custody 
of  all  papers  and  documents  belonging  to  said  trustees,  and 
shall  carefully  and  fairly  record  all  their  votes  and  proceed- 
ings in  a  book  to  be  kept  for  that  purpose,  and  shall  certify 
the  same  when  thereto  required,  and  he  shall  call  meetings 
when  thereto  directed  by  any  one  or  more  of  said  trustees, 
and  do  whatever  else  may  be  incident  to  his  said  office  ;  and 
he  shall  deliver  up  to  his  successor  in  office,  as  soon  as  may 
be,  all  the  records,  papers,  and  documents  in  his  hands,  in  good 
order  and  condition  ;  and  if  he  shall  neglect  so  to  do  for  the 
space  of  thirty  days,  next  after  such  successor  shall  be  duly 
appointed,  he  shall  forfeit  and  pay  to  said  corporation  a  fine  of 
fifty  dollars,  and  the  further  sum  of  thirty  dollars  per  month, 
for  such  neglect  afterwards. 

Sect.  5.  Be  it  further  enacted,  That  the  treasurer  of  said 
trustees  shall  be  the  receiver  of  all  monies  and  effects  due, 
owing  and  coming  to  them,  and  may  demand,  sue  for  and  re- 
cover the  same  in  their  name,  unless  prohibited  by  them ;  and 
he  shall  have  the  care  and  custody  of  all  the  money  and  ef- 
fects, obligations  and  securities  for  the  payment  of  money,  and 
other  things,  and  all  evidences  of  property  belonging  to  said 
trustees,  and  be  accountable  to  them  therefor,  and  shall  dis- 
pose of  the  same  as  they  shall  order  and  direct,  and  shall  ren- 
der an  account  of  his  doings,  together  with  a  fair  and  regular 
statement  of  the  property  and  evidences  of  property  in  his 
hands,  whenever  thay  shall  require  the  same  to  be  done ;  and 
shall  deliver  up  to  his  successor  in  office,  as  soon  as  may  be, 
all  the  books  and  papers,  property  and  evidences  of  property 
in  his  hands,  in  good  order  and  condition,  and  shall  give  bond 
to  the  said  trustees  and  their  successors,  with  sufficient  sureties, 
to  be  approved  by  them,  in  a  sum  not  less  than  five  thousand 
dollars,  conditioned  to  do  and  perform  all  the  duties  incumbent 
on  him  as  their  treasurer  ;  and  if  he  shall  fail  to  deliver  up  the 
same,  as  aforesaid,  for  the  space  of  thirty  days  next  after  such 
successors  shall  be  duly  chosen,  he  shall  forfeit  and  pay  to 
said  corporation  a  fine  of  fifty  dollars,  and  the  further  sum  of 
thirty  dollars  per  month,  for  such  neglect  afterwards. 

Sect.  6.  Be  it  further  enacted,  That  the  said  trustees  and 
their  successors  in  office  be,  and  they  hereby  are  vested  with 
full  power  to  receive  into  their  hands  all  monies,  or  security 
for  money,  already  received,  and  that  now  is  or  hereafter  may 
be  in  the  hands  of  the  treasurer  of  the  town  of  Woburn,  being 


1809. Chap.  53.  257 

a  surplus  of  money  obtained  by  the  late  sale  of  the  pews  in  the 
new  congregational  meeting  house  in  said  town,  over  and  above 
the  cost  of  said  house,  and  all  other  monies,  subscriptions,  do- 
nations, and  security  for  real  or  personal  estate  that  may  here- 
after be  given,  raised  or  subscribed,  and  appropriate  the  same 
according  to  the  intention  and  direction  of  the  donor  or  donors 
within  the  provisions  of  this  act  :  Provided  however,  That  said  Proviso, 
trustees  shall  not  at  any  time  be  in  possession  of  a  capital,  the 
annual  income  of  which,  to  said  society,  shall  exceed  the  sum 
of  two  thousand  dollars. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  Monies  to  be 
of  said  trustees  to  use  and  improve  such  funds  or  estate  as  loaned  at  in- 
shall  be  vested  in  them  by  this  act,  with  care  and  vigilance,  so  *""*' 
as  best  to  promote  the  design  thereof;  and  shall  always  loan 
upon  interest  all  the  money  belonging  to  said  funds,  in  such 
sums,  and  for  such  term  of  time,  not  exceeding  one  year,  as 
they  shall  think  proper,  upon  the  bond  or  note  of  the  borrow- 
er, with  at  least  two  sureties  for  the  payment  thereof;  and 
they  shall  not  at  any  time  loan  any  sum  exceeding  the  amount 
of  one  hundred  dollars,  without  a'mortgagc  on  real  estate  to 
three  times  the  amount  loaned,  as  collateral  security  for  the 
payment  of  the  same,  with  interest  annually  ;  and  'it  shall  be 
the  duty  of  said  trustees  to  loan  the  interest  arising  from  said 
fund  in  manner  as  aforesaid,  until  the  annual  interest  of  the 
whole  funds  amount  to  the  sum  of  two  hundred  dollars,  then  it 
shall  be  their  duty  to  apply  the  same  towards  the  salary  of  the 
ordained  minister  of  said  congregation  ;  and  it  shall  be  consider- 
ed as  part  payment  thereof;  and  in  case  said  society  shall  be 
destitute  of  an  ordained  minister,  then  the  annual  interest  afore- 
said shall  be  put  out  at  interest  and  secured  as  aforesaid  to  in- 
crease the  said  fund,  until  a  minister  shall  be  settled  again,  and 
in  case  the  whole  of  the  annual  income  should  be  more  than 
sufficient  to  pay  the  salary  of  the  minister  for  the  time  being, 
agreeable  to  the  contract  with  him,  then  the  surplus  shall  be 
added  to  the  principal,  until  the  income  shall  amount  to  one 
thousand  dollars  yearly,  unless  said  town  or  society,  as  the 
case  may  be,  at  a  legal  meeting  called  for  that  purpose,  shall 
otherwise  appropriate  the  same,  which  they  are  authorized  to 
do,  but  never  to  alienate,  or  in  any  wise  alter  the  fund  afore- 
said. 

Sect.  8.     Be  it  further  enacted,  That  the  trustees  may  alien-  Trustees  may 
ate  by  good  and  sufficient  deeds  in  law,  any  real  estate,  the  alienate  lands 
title  whereof  shall  be  vested  in  them  by  way  of  mortgage,  or  '^y  ^^'^• 
by  operation  of  law. 

Sect.  9.  Be  it  further  enacted,  That  the  trustees  or  their  n^  fompensa- 
officers,  for  the  services  they  may  perform  shall  be  entitled  to  '»»»  for  seivi- 
no  compensation  out  of  any  monies  arising  from  the  fund  afore-  f.!f„!°.j!  'f'^T 

•  1    1         •  c  -ii  1111  ?  .  .  irom  the  luncl. 

said,  but  it  entitled  to  any,  shall  have  and  receive  the  same  of 
said  town  or  congregational  society,  as  the  case  may  be,  and 
as  may  be  mutually  agreed  on. 

Sect.  10.     Be   it  further   enacted,    That  said   trustees  and  Accounts  of 
their  successors  shall,  each  year,  in  the  month  of  March  or  ^i^"*.^^.*^ '°  ^^ 
April,  at  the  annual  meeting  of  said  town  or  congregational  so-  ^^'"'''^^'^* 

vofc.  ir.  33 


258 


1809. 


Chap.  53—54. 


Chap.  54. 


Preamble. 


Persons  incor- 
porated. 


Powers  and 
privileges. 


ciety,  as  the  case  may  be,  or  oftener  if  said  town  or  congrega- 
tional society  shall  require  it,  exhibit  a  fair  statement  of  their 
proceedings,  and  of  the  state  of  the  funds  under  their  manage- 
ment, and  are  hereby  severally  made  amenable  and  liable  in 
law  to  answer  to  said  town  or  society,  out  of  their  own  estates 
for  any  embezzlement,  neglect  or  wilful  mismanagement  of  said 
fund. 

Sect.  11.  Be  it  further  enacted,  That  Benjamin  Franklin 
Baldwin,  be,  and  he  hereby  is  authorized  and  empowered  to 
fix  the  time  and  place  for  holding  the  first  meeting  of  said  trus- 
tees, and  notify  each  trustee  thereof.     [Feb.  24,  1810.] 

An  Act  to  incorporate  certain  persons  by  the  name  of  The  Proprietors  oftheNevv- 
buryport  Athenseum. 

WHEREAS  the  persons  herein  after  named,  together  with 
sundry  other  persons,  have  associated  for  the  laudable  pur- 
pose of  promoting  learning  and  diffusing  useful  knowledge  by  es- 
tablishing a  repository  for  valuable  and  rare  productions  in  the 
various  arts  and  sciences,  and  polite  literature,  and  for  collect- 
ing the  most  important  tracts,  pamphlets,  and  documents,  illus- 
trative of  the  natural  and  civil  history  of  our  country,  of  the 
genius,  policy,  and  laws  of  the  general  and  state  governments, 
and  of  the  manners,  customs,  and  interests  of  the  American 
people  ;  and  whereas  in  pursuance  of  their  design,  they  have 
at  considerable  pains  and  expense  collected  many  valuable 
works,  with  a  great  variety  of  important  tracts,  pamphlets  and 
documents,  to  which  they  intend  to  make  additions  from  time 
to  time  as  they  may  have  ability  and  opportunity,  and  where- 
as the  object  of  their  association  is  of  public  utility  as  well  as 
'of  great  advantage  to  those  more  immediately  interested  there- 
in, and  ought  therefore  to  be  encouraged.     Therefore, 

Sect.  1.  Be  it  enacted  by  the  Se7iate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  John  Andrews,  Edward  Little,  William  Woart, 
William  Bartlett,  James  Morse,  Jeremiah  Nelson,  Daniel  A. 
White,  Thomas  Gary,  Samuel  L.  Knapj),  Joseph  Dana,  Daniel 
Dana,  Stephen  Howard,  and  Nathaniel  Bradstreet,  the  present 
trustees  of  said  association,  together  with  their  associates  and 
such  other  person  or  persons  as  shall  from  time  to  time  be  ad- 
mitted members  of  the  said  association,  according  to  the  rules, 
orders,  and  conditions,  which  shall  or  may  from  time  to  time 
be  established  by  the  by-laws  or  regulations  of  the  corpora- 
tion, be  and  they  are  hereby  created  a  body  politic  and  corpo- 
rate and  shall  forever  hereafter  continue  a  body  politic  and 
corporate,  by  the  name  of  The  Proprietors  of  the  Newburyport 
Athenaeum,  and  by  the  said  name  shall  and  may  sue  and  be 
sued,  plead  and  be  impleaded,  defend  and  be  defended,  in  all 
and  any  court  or  courts  of  law  and  elsewhere,  in  all  manner 
of  actions,  suits,  pleas,  and  controversies  whatsoever,  and  in 
their  said  corporate  capacity  and  by  their  said  name,  they  and 
their  successors  shall  be  capable  to  purchase,  receive,  have, 
hold,  take,  possess,  and  enjoy,  in  fee  simple  or  othervt^ise,  lands, 
tenements,  rents,  and  hereditaments,  not  exceeding  in  the  whole 
the  yearly  value  of  one  thousand  dollars,  exclusive  of  the 


1809. Chap.  54.  259 

building  or  buildings  which  may  be  actually  occupied  or  used 
for  the  purpose  aforesaid,  and  the  said  corporation  shall  be  ca- 
pable of  taking,  receiving  and  holding,  by  donation,  subscrip- 
tion, bequest,  or  otherwise,  money,  goods,  chattels,  effects,  and 
credits,  to  an  amount,  the  yearly  value  of  which  shall  not  ex- 
ceed two  thousand  dollars,  so  as  that  the  estate  aforesaid  be 
appropriated  for  the  purposes  aforesaid,  and  for  the  promotion 
of  learning  and  useful  knowledge  ;  and  moreover  the  said  cor-  ^ 

poration  shall  have  power  to  give,  grant,  sell,  alien,  convey, 
exchan2;e  or  lease,  all  or  any  part  of  their  lands,  tenements 
and  other  property  whatsoever,  for  the  benefit  and  advantage 
of  said  corporation. 

Sect.  2.  Be  it  further  enacted,  That  It  shall  and  may  be 
lawful  for  the  said  corporation  to  have  a  common  seal  for  their 
use  and  benefit,  with  full  power  to  alter,  change,  and  renew  it 
whenever  they  shall  think  the  same  expedient. 

Sect.  3.  Be  it  further  enacted,  That  the  said  corporation 
shall  have  full  power  and  authority  to  determine  at  what  times 
and  places  their  meetings  shall  be  holden,  and  on  the  manner 
of  notifying  the  associates  or  proprietors  to  convene  at  such 
meetings,  and  they  shall  have  power  to  elect,  once  in  every 
year,  or  oftener,  from  amongst  the  said  proprietors,  such  offi- 
cers, with  such  power  as  they  shall  judge  expedient,  and  also 
further  to  ordain  and  enact  any  by-laws  for  the  due  govern- 
ment of  the  said  corporation,  and  for  the  due  and  orderly  con- 
ducting of  the  affairs  thereof,  and  for  and  concerning  all  mat- 
ters and  things  relating  to  said  corporation,  and  the  same  at 
pleasure  to  alter,  amend,  or  repeal  :  Provided  hozvever,  That  Proviso, 
the  powers  vested  in  the  said  officers  and  said  by-laws,  shall 
not  be  repugnant  to  the  constitution  and  laws  of  this  Common- 
wealth. 

Sect.  4.  Be  it  further  eruicted.  That  for  the  giving  the  more 
effectual  sanction  to  the  said  by-laws,  the  said  proprietors  shall 
have  power  to  impose  suitable  fines,  not  exceeding  three  dol- 
lars, for  the  nonfulfilment  or  breach  of  the  same,  and  that  for 
the  recovery  thereof,  the  said  corporation  shall  have  a  suitable 
remedy  by  action  at  law,  in  any  court  of  law  within  this  Com- 
monwealth proper  to  try  the  same. 

Sect.   5.     Be  it  further  enacted.  That  the  Legislature  of  this  Corporation  to 
Commonwealth,  may,  from  time  to  time,  appoint  a  committee  be  subject  to 

''        .  J  ,    ,        c     cf  •  c       •  1  the  control  of 

or  committees  to  examine  the  state  oi  aiiairs  oi  said  corpora-  j,^^  Legisla- 
tion, and  the  manner  in  which  the  same  may  be  administered,  ture. 
and  that  the  said  Legislature  may  at  any  time  alter,  amend,  or 
repeal  the  charter  of  said  corporation  at  their  pleasure,  reserv- 
ing however  to  the  proprietors  for  the  time  being,  their  pro- 
perty in  the  buildings,  funds,  books,  and  other  property  at 
such  time  appertaining  to  the  said  corporation. 

Sect.  6.     Bt  it  further  enacted.  That  whenever  any  proprie-  Treasurer  m>y 
tor  shall  neglect  or  refuse  to  pay  any  assessment  duly  imposed  sell  shares  oi 
upon  his  share  or  shares  in  said  corporation,  for  the  space  of  p^ietor's!'*  ^f°' 
sixty  days  after  the  time  set  for  the  payment  thereof,  the  trea- 
surer of  the   said  corporation  is  hereby  authorized  to  sell  at 
public  vendue  the  share  or  shares  of  such  delinquent  proprie- 


260 


J809. 


Chap.  54—59. 


First  meeting. 


![iiable  in  pri- 
vate capacity. 


Chap.  56. 
1804  ch.  128. 
(V.  3.  p.  566.) 


Corporation 
not  entitled  to 
receive  toll  in 
certain  cases. 


Proviso  repeal- 
ed. 


Chrtp.  5d. 


tor,  after  duly  notifying  in  some  newspaper  printed  in  the  tovvR 
of  Newburyport,  the  sum  due  on  such  share  or  shares,  and  the 
time  and  place  of  sale  at  least  thirty  days  before  the  time  of 
sale,  and  such  sale  shall  be  a  sufficient  transfer  of  the  share  or 
shares  so  sold,  to  the  person  purchasing,  and  upon  producing 
a  certificate  of  such  sale  from  such  treasurer,  such  purchaser 
shall  be  entitled  to  a  transfer  of  the  share  or  shares  so  sold  on 
the  books  of  the  corporation,  and  shall  be  considered  to  all 
intents  and  purposes  the  proprietor  thereof,  and  the  overplus 
of  such  sale,  if  any  there  be,  after  payment  of  such  assessment, 
and  incidental  charges,  shall  be  paid  on  demand  by  such  trea- 
surer to  the  person  whose  shares  were  so  sold  as  is  before  pro- 
vided. 

Sect.  7.  Be  it  further  enacted^  That  the  said  John  Andrews, 
Edward  Little,  William  Woart,  William  Bartlett,  James  Morse, 
Jeremiah  Nelson,  Daniel  A.  White,  Thomas  Gary,  Samuel  L. 
Knapp,  Joseph  Dana,  Daniel  Dana,  Stephen  Howard,  and  Na- 
thaniel Bradstreet,  or  any  three  of  them,  shall  have  power  to 
call  the  first  meeting  of  the  said  proprietors,  by  advertising  the 
same  three  weeks  successively  before  the  time  of  such  meeting, 
in  some  newspaper  printed  in  the  town  of  Newburyport,  and 
that  at  the  said  meeting  the  said  proprietors  may  proceed  to 
execute  any  or  all  the  powers  vested  in  them  by  this  Act. 

Sect.  8,  Be  it  further  enacted,  That  the  trustees  and  pro- 
prietors of  the  corporation  aforesaid  be,  and  they  hereby  are 
made  jointly  and  severally  liable  in  their  respective  persons 
and  estates  on  all  contracts  and  engagements,  which  shall  be 
made  and  entered  into,  by  virtue  of  the  powers  vested  by  this 
Act  in  the  said  corporation,  or  in  any  officer  of  the  same. 
[Feb.  24,  1810.] 

An  Act  in  addition  to  an  Act,  entitled,    <'  An  Act  to  establish  a  corporation,  by 
the  name  of  The  Brush-Hill  Turnpike  Corporation." 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  from  and  after  the  passing  of  this  Act,  the  Brush- 
Hill  Turnpike  Corporation  shall  not  be  entitled  to  demand  or 
receive  any  Toll  from  any  person  or  persons  who  may  be  pass- 
ing in  any  manner  whatsoever  for  the  purpose  of  discharging 
military  duty,  or  to,  or  from,  his,  her,  or  their  usual  places  of 
public  worship,  or  to,  or  from,  any  grist  mill,  or  on  the  common 
and  ordinary  business  of  family  concerns;  nor  from  any  per- 
son or  persons  residing  within  the  limits  of  the  town  in  which 
a  Toll  gate  may  be  erected,  unless  going  or  returning  with 
loaded  teams  or  carriages  from  beyond  the  limits  of  the  same. 

Sect.  2.  Be  it  further  enacted.  That  the  first  Proviso,  in  the 
fourth  section  of  the  Act,  entitled,  "An  Act  to  establish  o  cor- 
poration by  the  name  of  the  Brush-Hill  Turnpike  Corporation," 
be,  and  the  same  is  hereby  repealed.     [Feb.  24,  1810.] 

An  Act  to  incorpprafe  Timothy  Burbank  and  others,  by  the  name  of  The  Agawam 
Cotton,  Woollen,  and  Linen  Manufactory. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 


1809. Chap.  59—61.  261 

That  Timothy  Burbank,  Gad  Warriner,  John  Porter,  John  Persons  incor- 
Norman,  Elnathan  Baldwin,  and  Amos  Worthington,  together  v^"^^^^' 
with  such  othfer  persons  as  already  have,  or  may  hereafter  as- 
sociate with  them,  their  successors  and   assigns,  be,  and  they 
hereby  are  made  a  corporation  by  the  name  of  The  Agawam 
Cotton,  Woollen  and   Linen  Manufactory,  for  the  purpose  of 
manufacturins:  cotton,  woollen  and  linen  in  the  south  part  of 
the  town  of  West-Springfield ;  and  for  this  purpose,  shall  have  p^^yg^g  ^^^ 
all  the  powers  and  privileges,  and  be  subject  to  all  the  duties  piiviieges. 
and  requirements  contained  in  an  Act  passed  the  third  day  of 
March,  in  the  year  of  our  Lord  one  thousand   eight  hundred 
and  nine,  entitled,  "An  Act  defining  the  general  powers  and  1808  ch.  65.    ' 
duties  of  Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted^  That  said  corporation  may 
be  lawfully  seized  of  such  real  estate  not  exceeding  the  value 
of  fifty  thousand  dollars,  and  such  personal  estate  not  exceeding 
the  value  of  one  hundred  thousand  dollars,  as  may  be  neces- 
sary and  convenient  for  establishing  and  carrying  on  the  ma- 
nufactory of  cotton,  woollen,  and  linen  in  the  south  part  of 
West-Springfield  aforesaid.  [Feb.  24,  1810.]  Name  altered 
by  1811  ch.  17. 

An  Act  to  incorporate   the  District  of  Orange,  in  the  county  of  Hampshire,  as  a    Chap*  GQm 
town,  by  the  name  of  Orange. 

BE  it  enacted  hy  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  autho.ritu  of  the  same.  That  ^ 

1        !••  r  /-\  •!  fTTi  -ii        Orange  incor- 

the  district  of  Orange,  ni  the  county  of  Hampshu-e,  with  the  porated. 
inhabitants  thereof,  be,  and  the  same  hereby  is  incorporated 
and  established  as  a  town,  by  the  name  of  Orange,  and  is  here- 
by vested  with  all  the  powers  and  privileges,  and  subjected  to 
the  like  duties  and  requirements,  of  other  towns,  according  to 
the  constitution  and  laws  of  this  Commonwealth.  [Feb.  24, 
1810.] 

An  Act  to  incorporate  the  Second  Precinct  in  Plymouth.  Chap.  61. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  lands,  as  described  within  the  following  boundaries,  Plymouth  Se- 
with  the  inhabitants  thereon,  be,  and  they  are  hereby  incorpo-  F°"^  Precmct 
rated  into  a  distinct  and  separate  precinct,  by  the  name  of  The  '"*^°'^^°"^^ 
Second  Precinct  in  Plymouth,  viz.  beginning  at  Elisha's  Point, 
so  called,  on  the  northerly  side  of  Elisha  Holmes's  land,  and 
running  westerly,  as  said  line  runs,  to  Ponds  road,  so  called, 
and  from  said  road,  on  a  straight  line,  to  the  north  end  of  Half- 
Way  Pond,  and  by  said  pond  to  the  brook  issuing  therefrom ; 
and  by  the  said  brook,  to  Wareham  line;  and  on  said  Ware- 
ham  line,  eastward  to  Sandwich  line,  and  by  said  Sandwich 
line  to  the  sea  shore,  and  by  the  said  shore,  to  the  bounds 
first  mentioned.  And  the  said  Second  Precinct  is  hereby  vest- 
ed with  all  the  powers  and  privileges  which  are  usually  held, 
exercised  and  enjoyed,  by  parishes,  precincts,  or  other  reli- 
gious societies,  according  to  the  constitution  and  laws  of  this 
Commopweahh,     And  all  the  acts  and  proceedings  of  the  said 


262 


1809. 


Chap.  61—63. 


parish  heretofore  made  and  done,  in  pursuance  of  the  consent 
and  votes  of  the  said  town  of  Plymouth,  be,  and  they  are  here- 
by confirmed,  and  rendered  valid  in  law.  And  any  jus- 
tice of  the  peace,  in  the  said  town  of  Plymouth,  is  hereby  au- 
thorized to  issue  his  warrant,  directed  to  some  inhabitant  of 
the  said  Second  Precinct,  requiring  him  to  notify  and  warn  the 
inhabitants  thereof  to  meet  at  such  convenient  time  and  place, 
as  shall  be  appointed  in  said  warrant  to  organize  the  said  pre- 
cinct, by  the  appointment  or  election  of  its  officers.  [Feb.  24, 
1810.] 


Chap.  63. 


Town  of  Ply- 
mouth may 
choBse  a  Board 
of  Health. 


Their  duty. 


Proviso. 


An  Act  to  erapower  the  inhabitants  of  the  Town  of  Plymouth  to  choose  a  Board 
of  Health,  and  for  removing  and  preventing  nuisances  in  said  Town. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled^  and  by  the  authority  of  the 
same.  That  the  freeholders  and  other  inhabitants  of  the  town 
of  Plymouth,  qualified  to  vote  for  town  officers,  may,  in  the 
month  of  March  or  April  annually,  or  at  any  other  meeting 
legally  called  for  the  purpose,  choose  a  Board  of  Health,  con- 
sisting of  five  persons  ;  the  members  of  which  board  of  health 
shall  elect  a  president  and  a  clerk,  whose  duty  it  shall  be  to  re- 
cord the  votes  and  doings  thereof;  and  in  case  of  the  death  or 
resignation  of  any  one  of  the  members  of  said  board,  the  said 
freeholders  or  other  inhabitants  may,  at  any  meeting  legally 
called  for  the  purpose,  elect  a  member  to  supply  his  place. 

Sect.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Board  of  Health,  and  each  member  thereof,  to  examine 
into  all  nuisances,  and  other  causes  injurious  to  the  health  of 
the  inhabitants,  whether  the  same  shall  be  caused  by  stagnant 
waters,  drains,  common  sewers,  slaughter  houses,  tan  yards, 
fish,  fish-houses,  docks,  necessaries,  hogsties,  putrid  animal  or 
vegetable  substances,  or  any  other  cause  of  whatever  kind, 
which  in  his  or  their  opinion  may  be  injurious  to  the  health  of 
the  inhabitants  as  aforesaid  ;  and  upon  complaint  on  oath  being 
made  to  any  justice  of  the  peace,  by  any  member  of  said  Board 
of  Health,  or  other  person,  that  he  suspects  any  of  the  nui- 
sances, or  causes  aforesaid  to  exist,  in  any  dwelling  house, 
cellar,  store  or  other  building,  ship  or  vessel,  it  shall  be  the 
duty  of  such  justice  of  the  peace  to  issue  his  warrant,  directed 
to  the  sheriff  of  the  county  of  Plymouth,  or  his  deputies,  or  to 
any  constable  of  the  town  of  Plymouth,  commanding  him  or 
them,  forcibly  to  enter,  and,  together  with  a  member  of  said 
Board  of  Health,  to  search  the  same  in  the  day  time,  and  upon 
the  discovery  of  such  nuisance,  or  other  cause  injurious  to  the 
health  of  the  inhabitants,  to  remove  the  same  :  Provided  however, 
That  no  sheriff  or  deputy  sheriff,  or  constable,  shall  execute 
any  civil  process,  either  by  arresting  the  body,  or  attaching 
the  goods  and  chattels  of  any  person  or  persons,  under  colour 
of  any  entry  made  for  the  purposes  aforesaid,  unless  such  ser- 
vice could  by  law  have  been  made  without  such  entry  ;  and  all 
services  so  made,  under  colour  of  such  entry,  shall  be  utterly 
void,  and  the  officer  making  such  service,  shall  be  considered 


1809. Chap.  63.  263 

as  a  trespasser,  to  all  intents  ab  initio :  And  any  person  or  per= 

sons  who  shall  resist  such  search,  shall  forfeit  and  pay  the  sum 

of  ten  dollars,  to  be  recovered  in  manner  hereafter  provided*  Penalty  for  ve- 

Aud  it  shall  be  the  duty  of  the  Board  of  Health,  upon  the  dis-  sisting  search 

c  ,         •'.  ,  .  ' .    ' .  ,       for  nuisancer 

covery  ot  any  such  nuisance  or  other  cause,  mjurious  to  the 
health  of  the  inhabitants  of  said  town,  forthwith  to  remove  the 
same  :  and  upon  complaint  to  any  justice  of  the  peace,  within 
the  said  town,  or  in  said  county,  made  upon  oath  by  one  or 
more  of  said  Board  of  Health,  briefly  therein  stating  the  facts, 
together  with  the  costs  of  such  removal,  such  justice  shall  grant 
a  warrant,  therein  expressing  the  substance  of  said  complaint, 
directed  to  the  sheriff  of  the  county  of  Plymouth,  or  his  de- 
puty, or  any  constable  of  the  town  of  Plymouth,  commanding 
him  to  notify  and  require  the  person  or  persons,  in  whose  pos- 
session, or  upon  whose  estate,  such  nuisance  or  other  cause 
aforesaid  existed  ;  or  in  case  of  his  absence,  his  agent  or  attor- 
ney to  appear  forthwith  before  such  justice;  and  if  such  per- 
son or  persons  shall  neglect  then  and  there  to  appear,  or  ap- 
pearing, shall  not  shew  good  cause  to  the  satisfaction  of  said 
justice,  wh}^  judgment  should  not  pass  against  him  or  them  ; 
the  said  justice  shall  then  and  there  adjudge,  that  such  person 
or  persons  shall  pay  a  fine  often  dollars,  and  the  costs  of  such 
removal,  and  double  costs  of  prosecution  ;  and  shall  thereupon 
issue  his  warrant,  directed  to  the  sherift'  of  the  county  of  Ply- 
mouth, or  his  deputy,  or  any  constable  of  the  town  of  Plymouth, 
thereby  commanding  him  to  levy  the  expence  of  said  removal, 
together  with  said  fine  and  double  costs,  on  the  goods  and  es- 
tate, and  for  want  thereof,  on  the  body  of  the  said  occupier  or 
proprietor  of  the  house,  land,  cellar,  docks,  store,  or  vessel  in 
which  said  nuisances  existed ;  and  said  fine  shall  be  paid  over 
to  the  town  treasurer,  for  the  use  of  said  town  :  Provided  al-  Proviso, 
ways.  That  any  person  or  persons  aggrieved  at  any  judgment 
of  a  justice,  passed  against  him  or  them  as  aforesaid,  shall  have 
a  right  to  appeal  therefrom  to  the  Court  of  Common  Pleas  then 
next  to  be  holden  within  and  for  the  county  of  Plymouth,  who 
shall  hear  and  determine  on  such  complaint,  as  the  case  may 
require,  and  thereupon  render  such  judgment  as  the  justice  is 
herein  before  authorized  to  do  in  an  original  complaint  to  him, 
with  additional  costs;  and  the  judgment  of  said  Court  thereon 
shall  be  final :  Provided  nevertheless,  That  no  such  appeal  shall  Proviso, 
be  granted,  unless  the  respondent  shall  claim  the  same,  on  the 
day  on  which  the  justice's  judgment  shall  be  rendered ;  and 
shall  enter  into  recognizance  with  two  sufficient  sureties  to  pro- 
secute said  appeal  with  eftect.  And  said  Board  shall  have  au- 
thority to  appoint  scavengers,  and  such  other  officers  to  assist 
them  in  the  execution  of  their  office,  as  they  shall  judge  neces- 
sary ;  for  payment  of  whom,  and  all  necessary  expenses,  which 
may  arise  in  the  exercise  of  their  office,  the  said  Board  shall 
be  authorized  to  draw  upon  the  treasurer  of  said  town. 

Sect.  3.     Be  it  further  enacted,    That  any  person  who  shall  No  putrid  ev 
offer  for  sale  in  the  town  of  Plymouth,  or  shall  have  in  posses-  tainted  meat 
sion  any  tainted  or  putrid  salted  meat,  or  pickled  fish,  which  ^°  ^^  exposed, 
shall  be  so  deemed  by  any  two  of  the  Board  of  Health,  upon 


264  1809. Chap.  63. 

conviction  thereof,  in  manner  aforesaid,  shall  forfeit  the  sufr! 
Penalty.  of  two  dollars  for  each  barrel  so  offered  for  sale,  or  that  he 

shall  have  in  possession  ;  and  it  shall  be  the  duty  of  every  li- 
censed packer  of  provisions  and  pickled  fish,  to  give  informa- 
tion to  the  Board  of  Health,  or  some  one  of  them,  of  any  such 
meat  or  fish  that  shall  come  to  his  knowledge;  and  shall  more- 
over be  sworn  before  the  president  of  the  Board  of  Health,  or 
some  one  of  said  Board,  to  give  such  information  before  he 
shall  execute  that  trust,  after  said  Board  of  Health  shall  have 
been  chosen  ;  and  the  said  president  and  members  are  hereby 
severally  authorized  to  administer  said  oath :  and  if  anj'  packer 
of  provisions  shall  repack  any  meat  or  fish  that  shall  be  un- 
wholesome, or  not  fit  for  use,  and  be  thereof  convicted  before 
any  court  competent  to  try  the  same,  he  shall  forfeit  two  dol- 
lars for  each  barrel  so  repacked,  and  shall  forever  be  disquali- 
fied for  serving  again  in  that  capacity ;  and  no  provisions  shall 
be  repacked  in  the  said  town  of  Plymouth,  between  the  first 
day  of  June,  and  the  first  day  of  October,  in  any  year,  unless 
in  such  place  or  places  therein,  where  permission  therefor 
shall  be  obtained  in  writing,  from  the  Board  of  Health ;  and 
any  person  or  persons  who  shall  repack  anj'"  provisions  within 
the  times  aforesaid,  in  the  said  town  of  Plymouth,  in  any  place 
or  places  where  permission  therefor  in  writing  hath  not  been 
first  obtained  of  said  Board  of  Health,  shall  forfeit  the  sum  of 
two  dollars,  for  each  barrel  so  repacked. 
No  creatures  to  Sect.  4.  Be  it  further  enacted,  That  no  person  or  persons, 
be  killed  m  ths  without  first  obtaining  permission  therefor  from  the  Board  of 
Health,  or  two  members  thereof,  shall  kill  any  sheep  or  lambs, 
or  expose  to  sale  within  said  town,  between  the  first  day  of 
July  and  the  twentieth  day  of  September,  in  any  year  the 
meat  of  any  sheep  or  lambs,  which  shall  have  been  killed 
within  two  days  after  such  sheep  or  lambs  shall  have  been 
driven  into  said  town;  and  every  person  who,  without  having 
first  obtained  such  permission,  shall  within  the  times  aforesaid, 
kill  any  sheep  or  lambs  within  said  town,  within  two  days  af- 
ter such  sheep  or  lambs  shall  have  been  driven  into  the  same, 
or  shall  expose  or  oflfer  for  sale  within  said  town,  the  meat  of 
any  sheep  or  lambs  which  shall  have  been  so  killed,  shall  for- 
enaty.  ^^j^  ^^^^  ^^^  ^^^^  ^^^j^  offence  fifteen  dollars;  and  the  meat  of 

every  sheep  or  lamb  so  killed,  shall  be  forfeited  ;  and  the  said 
Board  of  Health,  or  any  two  of  them,  may,  and  it  shall  be 
their  duty,  to  seize  and  remove  the  same,  and  dispose  thereof, 
so  as  that  the  health  of  the  inhabitants  may  not  be  endangered 
thereby;  and  in  any  action  or  prosecution  against  the  mem- 
bers of  said  Board  of  Health,  or  either  of  them,  for  seizing  any 
meat  of  sheep  or  lambs  by  virtue  of  this  act,  the  plaintiff  or 
prosecutor  shall  be  held  to  prove  that  such  sheep  or  lambs 
were  killed  after  the  expiration  of  two  days  from  the  time  the 
same  were  driven  into  the  said  town,  or  by  permission  of  said 
Board  of  Health. 
Ses'tlTb"^'^  Sect.  5.  Be  it  further  enacted,  That  no  untanned  hides  shall 
8101^(1,°  ^       b^  stored  or  kept  in  the  town  of  Plymouth  aforesaid,  between 


1809.- Chap.  63.  265 

the  first  day  of  May  and  the  first  day  of  December,  except  in 
such  place  or  places  as  the  Board  of  Health  shall  dh'ect  and 
appoint;  and  that  all  such  hides,  found  in  any  other  place  or 
places  in  said  town,  within  the  times  last  mentioned,  shall  be 
forfeited,  unless  removed  to  such  place  as  the  Board  of  Health 
shall  direct,  without  the  limits  of  said  town,  by  the  owner  there- 
of, within  twenty  four  hours  after  notice  given  him  by  the  said 
Board  of  Health,  or  any  two  of  them;  and  such  hides,  so  for- 
feited, shall  and  may  be  seized  by  any  two  of  said  Board  of 
Health,  and  shall  and  may  be  libelled  and  tried  in  the  same 
way  and  manner,  and  by  the  same  process,  as  is  provided  for 
the  trial  of  gunpowder  seized  according  to  law.  And  any  per- 
son or  persons,  who  shall  throw  upon  the  wharves  or  shores, 
or  into  any  of  the  docks  in  the  town,  any  putrid  meat,  fish,  or 
any  other  putrid  or  offensive  substance,  or  any  thing  contrary 
to  the  order  or  regulations  of  the  Board  of  Health,  shall  for- 
feit  and  pay  for  each  offence,  a  sum  not  less  than  two  dollars  Penalty, 
nor  more  than  ten  dollars,  at  the  discretion  of  the  court  which 
may  have  cognizance  of  such  offTenCe  :  that  all  masters  of  ves- 
sels who  shall  throw  upon  the  wharves  or  shores,  or  into  any 
of  the  docks  of  said  town,  without  permission  from  the  Board 
of  Health,  any  filth  or  sweepings  of  the  vessel's  hold,  which 
may  endanger  the  health  of  the  inhabitants  of  said  town,  shall 
forfeit  a  sum  not  less  than  five  dollars,  nor  more  than  fifty  dol- 
lars, for  each  offence. 

Sect.  6.     Ik  it  further   enacted,  That  all  the  powers  and  Selectmen's 
duties  which  are  given  to,  and  required  of  the  selectmen  of  the  powers  trans- 
town  of  Plymouth,   by  a  certain   law  of  this  Commonwealth,  ^^'''='^- 
passed  the  twenty  second  day  of  June,  one  thousand  seven 
hundred  and   ninety  seven,   entitled,  "  An  Act  to  prevent  the  1797  ch.  16. 
spreading  of  contagigus  sickness;"  and   also   one  other  law  of 
said  Commonwealth,  passed  the  twenty-sixth  day  of  February, 
eighteen  hundred,  entitled,  '•  An  Act  in   addition  to  an  act  en-  1799  ch.  59. 
titled.  An  Act  to  prevent  the  spreading  of  contagious  sickness," 
shall  be,  and  they  hereby  are  transferred  to,   and   made   the 
duty  of  the  said  Board  of  Health  ;  any  thing  in  said  laws  to 
the  contrary,  notwithstanding. 

Sect.  7.  Be  it  further  enacted.  That  the  said  Board  of  Physician  to 
Health  be,  and  hereby  are  empowered,  from  time  to  time,  to  the  Board, 
choose  a  suitable  and  discreet  person  to  act  as  a  visiting  phy- 
sician to  said  Board,  whose  duty  it  shall  be,  to  visit  all  vessels 
coming  from  any  place  or  places  in  which  the  said  Board  shall 
think  any  contagious  sickness  prevails ;  and  such  physician 
shall  be  under  the  direction  of  said  Board,  and  may  be  re- 
moved by  them,  whenever  they  shall  see  cause.  And  whereas, 
by  the  eleventh  section  of  the  act  of  this  Commonwealth,  entitled, 
•'  An  Act  to  prevent  the  spreading  of  contagious  sickness,"  it 
is  enacted.  That  each  town  and  district  in  this  Commonwealth 
may,  at  their  meeting  held  in  March  or  April  annually,  or  at 
any  other  meeting  legally  warned  for  that  purpose,  when  they 
shall  judge  it  to  be  necessary,  choose  and  appoint  a  Health 
Committee  in  the  manner,  and  for  the  purposes  in  said  eleventh 
section  mentioned. 

VOL.  IV.  34 


26G 

Part  of  former 
&ct  repealed. 


1809. 


Chap.  63—64. 


Penalties,  how 
recovered  and 
appropriated. 


Chap.  64. 
Preamble. 


Persons  incor- 
porated. 


Corporation  to 
be  subject  to 
the  control  of 
the  Legislature, 

Powers  and 
privileges. 


Sect  8.  Be  it  further  enacted,  lliat  so  much  of  said  law,  as 
resoects  the  future  appointment  of  a  Health  Committee  for  the 
town  of  Plymouth,  be,  and  the  same  is  hereby  repealed  ;  and 
that  the  Board  of  Health  to  be  appointed  by  virtue  of  this  act, 
be,  and  they  hereby  are  made  and  shall  be  the  Health  Com- 
mittee for  the  town  of  Plymouth,  and  be  invested  with  all  the 
powers  and  duties  which  are  granted  to,  or  imposed  upon  said 
Health  Committee,  in  and  by  said  act. 

Sect.  9.  Be  it  further  enacted,  That  all  penalties  and  for- 
feitures arising  from  this  act,  except  in  those  cases  m  which  it 
is  herein  othe?wise  provided,  shall  accrue  to  the  use  of  the 
town  of  Plymouth  ;  and  shall  be  prosecuted  and  recovered  by 
action  of  debt,  in  the  name  of  the  President  of  the  said  Board 
of  Health,  or  by  information  in  any  court  competent  to  try  the 
same:  and  it  shall  be  the  duty  of  the  Board  of  Health,  and  ot 
each  member  thereof,  to  pursue  and  enforce  the  due  execution 
of  the  foregoing  law,  and  prosecute  all  oftenders  for  all  penal- 
ties and  forfeitures  which  may  accrue  under  the  same.  {1  eb. 
27,1810.]      ^ 

An  Act  to  incorporate  the  Merrimack  Bible  Society.  ^ 

WHEREAS  the  persons  hereafter  named  in  this  act,  to- 
gether with  many  citizens  of  the  town  of  Newburyport  and  its 
vicinity,  have  formed  themselves  into  a  society  lor  the  purpose 
of  raising  a  fund  to  be  appropriated  in  procunng  bibles  ot  the 
version  in  common  use  in  the  churches  in  New  England,  tor 
distribution  among  those  persons  in  this  Commonwealth  and 
elsewhere,  who  are  destitute  of  the  sacred  scriptures,  and  who 
cannot  be  conveniently  supplied  without  such  aid,  and  also  tor 
the  distribution  of  the  bible  in  such  other  languages  as  may 
frjam  time  to  time  be  considered  expedient ;  and  whereas  in 
order  that  the  pious  and  laudable  objects  of  said  society  may 
be  effectually  promoted,  and  the  charity  of  said  society  more 
extensively  diffused,  they  have  prayed  for  an  act  of  incorpora- 

Sect.  1 .  Beit  therefore  enacted  by  the  Senate  and  House  of  Re- 
presentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  William  Coombs,  Samuel  Spring,  John  Andiws, 
Daniel  Dana,  Charles  W.  Milton,  James  IVLorss,  James  Whit- 
temorc,  John  S.  Popkin,  William  Barllctt,  Thomas  M.  Clark 
Daniel  A.  White,  John  Pearson,  Stephen  Holland,  Richard 
Pike,  and  William  Woart,  together  with  those  who  have  asso- 
ciated or  may  hereafter  associate  with  them  for  the  purpose 
aforesaid,  be,  and  they  are  hereby  incorporated  mto  a  society 
by  the  name  of  the  Merrimack  Bible  Society. 

Sect.  2.  Be  it  further  enacted,  That  the  said  William 
Coombs,  and  others  above  named,  and  their  associates,  shall 
be  and  remain  a  body  politic  and  corporate  durmg  the  plea- 
sure  of  the  Legislature,  and  may  have  a  seal,  which  they  may 
alter  at  pleasure  ;  and  the  said  society  shall  be  capable  ot 
taking  and  receiving  from  any  persons  disposed  to  aid  the  be- 
nevolent purposes  of  this  institution,  grants  or  devises  ot  lands 
and  tenements,  in  fee  simple  or  otherwise,  also  donations,  be- 


1809. Chap.  64 — 66.  267 

quests,  and  subscriptions  of  money  and  other  property,  to  be 
used  andjmproved  for  the  purposes  aforesaid. 

Sect.  3.  Be  it  further  enacted,  That  the  said  corporation 
shall  be  and  they  hereby  are  empowered  to  purchase  and  hold 
other  real  estate  than  that  which  may  be  given  to  them  as  afore- 
said :  Proxuled.  That  the  value  of  the  whole  estates,  real  and 
persona  of  said  society,  shall  not  exceed  one  hundred  thou- 
sand  dollars. 

^^^  J*  ^'  ^^  ^^  farther  enacted,  That  the  said  society  may 
sue  and  be  sued  in  their  corporate  capacity,  and  may  appoint 
an  agent  or  agents  to  prosecute  and  defend  suits,  with  power  of 
substitution. 

Sect.  5.  Be  it  further  enacted,  That  said  society  may  choose  Officers, 
a  president,  vice-president,  treasurer,  secretaries,  managers,  and 
such  other  officers  as  they  shall  see  fit,  and  may  make  and  es- 
tablish such  rules  and  regulations  as  to  them  shall  appear  ne- 
cessary: Provided,  The  same  be  not  repugnant  to  the  consti- 
tution and  laws  of  this  Commonwealth. 

Sect.  G.  Be  it  further  enacted,  That  William  Coombs,  Esq.  First  meetin.^. 
be,  and  he  hereby  is  authorized,  by  notification  in  the  New- 
buryport  Herald,  to  appoint  the  time  and  place  of  the  first 
meeting  of  said  society,  at  which  meeting  the  said  society  may 
choose  the  officers  aforesaid,  may  prescribe  their  duty,  and 
may  vest  in  the  said  officers  such  powers,  conformable  to  the 
principles  of  this  institution,  as  shall  be  deemed  necessary. 
[Fe6.  27,  1810.]  ^ 

An  Act  •"  addition  to  an  Act,  entitled,  "Am  Act  to  incorporate  Joseph  Wil-  Char)  6 -i 
hams  John  Balch,  and  others,  into  a  company  by  the  name  of  the  Union  Ma-  igK  RQ* 
r.ne  and  Fire  Insurance  Company,  in  Newburyport."  ^^^^  *="'  ^^• 

WHEREAS  the  Union  Marine  and  Fire  Insurance  Compa-  Preamble 
ny  in  JNewburyport,  have  invested  the  capital  stock  of  the 
said  company,  in  the  manner  although  not  within  the  time  pre- 
scribed in  said  act:  Therefore, 

Be  it  enacted  by  the   Senate  and   House  of  Representatives,  in  Charter  coh- 
Uencral  Lourt  assenibled,  and  by  the  authority  of  the  same,  That  firmed. 
the  act  of  mcorporation   of  said   company  be,   and   the  same 
hereby   is    established    and    confirmed,    notwithstandint^   any 
lailure  of  compliance  on   the  part  of  said  company  wifh  the 
terms  of  said  act,  in  the  mode  and   time   of  collecting,  and  in 
the  time  of  mvesting,  the  capital  stock:— And  that  the  rights 
and  privileges  of  said  company  shall  be,  and  continue  to  be, 
the  same  as  they  would  have  been,  had  the  terms  of  said  act 
been  complied  with:  Provided,  That  nothing  herein  contained  Proviso, 
siiall  be  construed  to  affisct  the  liability  or  rights  of  said  com- 
]3any,  or  the  rights  of  any  person  or  persons,  who   may  have 
been  injured  by  the  failure  of  said  company   to  comply  with 
the  terms  of  said  act.     {Feb.  27,   1810.J  Add.  act— 1814.   ch. 
124. 


An  Act  in  further  addition  to   an   Act,  entitled,    «  An  Act  to  incorporate  sundry  m, 

persons  into  a  company  by  tlie  name  of  the   Proprietors  of  the  Exchange  Coffee    ^f^Op,  66. 
House.  S  1807  ch.  31. 78. 

Sect.   1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 


268 


1809. 


Chap.  66—67. 


Further  powers  sffme,  That  the  proprietors  of  the  Exchange  Coffee  House,  in 
vested  in  the      ^^  •    corporate  capacity,  shall  be,  and  hereby  are  declared 

Proprietors.  ,  ,      '  i  i  i     i  i  i  ii  j     ■         i 

capable  to  purchase,  have,  hold,  and   possess  all   and  singular 

the  lands  and  buildings  in  Boston,  adjoining  or  near  to  the 
Exchange  Coffee  House,  of  which  the  members  of  the  said 
corporation,  as  proprietors  in  common,  are  now  seized  and  pos- 
sessed, and  also  of  all  or  any  part  of  the  land  lying  between 
the  north  side  of  said  Coffee  House  and  State  street  in  said 
Boston,  which  thej  may  deem  necessary  or  convenient  for  the 
accommodation  of  said  building ;  and  the  same  or  any  part  there- 
of, to  grant,  sell,  alien,  lease,  exchange,  manage  and  improve 
in  such  mode,  as  they  are,  or  may  by  law  be  authorized  to  do, 
with  respect  to  the  land  described  in  the  original  act,  to  which 
this  is  in  further  addition. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation 
may,  at  any  legal  meeting,  agree  upon  the  number  of  shares 
into  which  the  said  estate  shall  be  divided,  and  upon  the  form 
of  certificates  to  be  given  to  individuals,  of  the  number  of  shares 
by  them  respectively  held,  and  upon  the  mode  and  condition 
of  transferring  the  same,  which  shares  shnll  be  held  and  con- 
sidered as  personal  estate,  in  the  same  manner  that  shares  in 
turnpikes,  bridges,  and  canal  companies  are  by  law,  held  and 
considered  ;  any  thing  in  the  act  to  which  this  is  in  further 
addition,  to  the  contrary  notwithstanding.  [Feh.  27,  1810.] 
Further  act— 1813  ch.  36. 


Chap. 


67. 


Persons  incor- 
porated. 


Powers  and 
privileges. 


An  Act  to  incorporate  certain  persons  by  the  name  of  The   Boston  Hat  Manu- 
factory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Thomas  S.  Bordman,  Samuel  Barry,  Daniel  Mes- 
singer,  Elisha  Vose,  Jesse  Brown,  Matthias  Crocker,  William 
Barry,  Henry  Messenger,  Thomas  Hughes,  Gerry  Fairbanks, 
Charles  Vose,  Bradford  Lincoln,  Joshua  Vose,  Aaron  Clap, 
William  Bordman,  iun.  John  Bordman,  Caleb  Hartshorn,  Asa 
Croker,  George  Haven,  Zab  Adams,  James  Pratt,  jun.  Martin 
Bates,  John  H.  Brown,  Aaron  Healey,  Richard  Hay,  William 
King,  Peter  Dexter,  and  Nathaniel  Fowle,  with  such  as  already 
have  or  hereafter  may  associate  with  them,  their  successors 
or  assigns,  be  and  hereby  are  made  a  corporation  by  the  name 
of  The  Boston  Hat  Manufactory,  for  the  purpose  of  manufac- 
turing hats  at  any  place  or  places  within  ten  miles  of  Boston, 
and  for  that  purpose  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  and  requirements,  contained 
in  an  act  passed  the  third  day  of  March,  1809,  entitled  "An 
Act  defining  the  general  powers  and  duties  of  manufacturing 
corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may 
be  la\yfully  seized  and  possessed  of  such  real  estate  not  ex- 
ceeding twenty  thousand  dollars,  and  of  such  personal  estate, 
not  exceeding  one  hundred  thousand  dollars  in  value,  as  may 
be  necessary  and  convenient  for  the  carrying  on  the  manufac- 
ture of  hats.     [Fe5.  27,  1810.] 


1 809. Chap.  73—76.  269 

An  Act  t«  authorizp  the  Justices  of  the  Court  of  CoirmoD  Pleas  for  the  county  of  Chop,  73. 

Suflfolk,  to  purchase  Land  and  erect  a  New  Court  House  thereon.  ■*  * 

Sect.  1 .     BE  it  cna(:ted  hy  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  Justices  of  the  Court  of  Common  Pleas  for  the  court  of  com- 
county  of  Suffolk,  be,  and  they  hereby  are  authorized  to  pur-  nion  pleas  em- 
chase  any   lands  situated   between    Court  street  and   School  ''u^chas^e— 
street  in  the  town  of  Boston,  for  said  county,  which  they  may  ^^'^'^ 
deem  necessary,   for  the   purpose  of  erecting   a  court  house 
thereon,  and  making  proper  avenues  to  and  around  the  same  ; 
and  also  to  exchange  or  make  sale  of  any  land  or  real  estate 
situated  as  aforesaid,  now  belonging  to  said   county,   for  the 
purpose  aforesaid. 

Sect.  2.  Be  it  further  enacted,  That  said  Justices,  be,  and 
they  hereby  are  authorized  to  raise  by  loan  to  said  county.  And  to  borrow 
from  any  one  or  more  individuals  or  bodies  corporate,  such  ™°"ey, 
sums  of  money  as  they  find  necessary,  for  the  purpose  of  erect- 
ing and  completing  a  court  house  for  the  accommodation  of 
said  county  ;  and  allow  for  the  use  of  said  sums,  the  lawful 
interest,  until  paid  :  Provided  however,  that  the  amount  of  said 
loan  shall  not  exceed  the  sum  or  sums  of  money,  which  have 
been,  or  may  be  included,  for  the  purpose  aforesaid,  in  the 
several  annual  estimates  of  expenses  for  said  county,  and  upon 
which  the  legislature  have  authorized,  or  may  hereafter  aur 
thorize  a  lax  upon  said  county:  and  the  Treasurer  of  said 
county  is  hereby  authorized  to  subscribe  and  give  his  notes 
in  behalf  of  said  county,  for  such  sums  of  money,  as  may  be 
borrowed  for  the  purposes  aforesaid.     [March  1,  1810.] 

An   Act  to  incorporate  sundry  persons  by  the  name  of  The  Maiden  Nail  Manu-   />i.         ~. 
factory.  C/lOp.  74, 

Sect.  1 .  BE  it  enacted  hy  the  Senate  and  Hmise  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  George  Odiorne,  Thomas  Ordiorne  and  Ebenezer  Persons  incor- 
Odiorne,  with  such  other  persons  as  already  have,  or  hereaf-  P°'^^'®'^- 
ter  may  associate  with  them,  their  successors  and  assigns,  be, 
and  hereby  are  made  a  corporation  by  the  name  of  The  Mai- 
den Nail  Manufactory,  for  the  purpose  of  manufacturing  nails, 
with  the  business  necessarily  connected  therewith,  and  for  such 
purpose,  shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  and  requirements  contained  in  an  act,  en^ 
titled,  "•  An  act  defining  the  general  powers  and  duties  of  man- 
ufacturing corporations." 

Sect.  2.     Be  it  enacted.  That  said  corporation  may  be  law-  powers  and 
fully  seized    and  possessed  of  such  real  estate  not  exceeding  piiviieges. 
fifty  thousand  dollars,  and  such   personal  estate  not  exceeding 
one  hundred  and  fifty  thousand  dollars,  as  may  be  necessary 
for  the  purposes  aforesaid.     [March  1,  1810.] 

An  Act  to  set  off  certain  land  from  the  District  of  Bethlehem,  and  annex  the  same    ChttV.  76 
to  the  town  of  Becket.  •*  *        " 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  ^ands  annex  d 
all  that  tract  of  land,  (lately  a  part  of  the  District  of  Bethle-  toLlketT''^ 


270 


1809. 


Chap  76—78. 


Proviso. 


Chap,  78. 


Preamble. 


hem,  but  now  incorporated  with  the  town  of  Loudon)  as  de- 
scribed within  the  following  bounds,  with  Moses  Baird,  and 
Kendall  Baird,  and  their  families  and  estates,  be  and  hereby 
is  set  off  from  the  said  District  of  Bethlehem,  now  incor 
porated  with  Loudon,  and  annexed  to  the  town  of  Becket, 
viz.  Beginning  at  a  stake  and  stones,  being  the  northeast  corner 
of  said  Bethlehem  ;  thence  running  west,  on  the  north  line  of 
said  Bethlehem,  to  a  pond  known  by  the  name  of  West  Pond  ; 
thence  southerly,  on  said  pond,  to  the  brook  issuing  out  of 
said  pond ;  thence  southerly  on  said  brook,  to  the  south  line 
of  the  first  range  of  lots  in  said  Bethlehem ;  thence  east,  on 
the  line  between  the  first  and  second  range  of  lots,  to  the  east 
line  of  said  Bethlehem  ;  and  thence  north,  on  said  east  line  of 
Bethlehem,  to  the  first  mentioned  corner :  Provided  hoxvever^ 
That  the  several  persons  above  named,  with  their  estates,  and 
all  other  owners  of  the  above  described  lands,  shall  be  holden 
to  pay  their  proportion  of  all  taxes  which  have  been  assessed 
on  the  said  District  of  Bethlehem,  in  like  manner  as  though 
this  act  had  not  passed.     [March  1,  1810.] 


An   Act   to  establish  The  Derby  Wharf  Corporation. 

WHEREAS  Elias  Hasket  Derby,  John  Derby,  Ezekiel 
Hersey  Derby,  Benjamin  Pickman,  jun.  and  Anstiss  his  wife, 
in  her  right,  John  Prince,  jun.  and  Martha  his  wife,  in  her  right, 
^nd  Elizabeth  Derby,  own  and  hold  in  common  and  undivid- 
ed a  piece  of  land,  flats  and  wharf,  in  Salem  in  the  county  of 
Essex,  which  was  devised  to  them  by  their  father  Elias  Has- 
ket Derby,  deceased,  and  is  known  by  the  name  of  "  Derby 
Wharf;"  and  have  expended  and  are  continuing  to  expend 
large  sums  of  money,  in  extending  and  enlarging  said  wharf, 
for  the  accommodation  of  the  navigation  of  said  town,  and  they 
have  petitioned  this  Court  to  incorporate  them,  to  enable  them 
more  conveniently  to  manage  and  improve  the  same  estate : 

Sect.  1 .     Be  it  enacted  by  the  Senate   and  llouse  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  said  Elias  Hasket  Derby,  John  Derby,  Eze- 
kiel Hersey  Derby,  Benjamin  Pickman,  jun.  John  Prince,  jun. 
Proprietors  of       j  Elizabeth  Derby,  and  all  such  persons  as  have,  or  here- 

Derby  VV  arf  •         "^  •  i     .  i  .  i     •  1  •      ^ 

incorporated,  after  may  associate  with  them,  their  successors  and  assigns, 
being  citizens  of  the  United  States,  shall  be  and  hereby  are 
constituted  a  body  politic  and  corporate,  by  the  name  of  The 
Derby  Wharf  Corporation  ;  and  by  that  name  may  sue  and 
be  sued,  plead  and  be  impleaded,  defend  and  be  defended  in 
any  court  of  record,  or  in  any  other  place  whatsoever ;  and 
shall  and  may  do  and  suffer  all  acts,  matters  and  things,  which 
bodies  politic  ought  to  do  and  suffer ;  and  shall  have  power 
to  make  and  use  a  common  seal,  and  the  same  again  at  plea- 
sure to  break,  alter,  and  renew ;  and  also  to  agree  on  the 
mode  of  calling  future  meetings,  to  ordain  and  establish  and 
put  in  execution  such  by-laws,  ordinances  and  regulations  as 
to  them  shall  appear  necessary  and  convenient,  for  the  gov- 
ernment of  said  corporation,  and  for  the  prudent  management 
of  their  property  and  affairs ;  and  for  the  breach  of  such  by- 


Powers  and 

priyileges. 


1809. Chap.  78.  271 

laws,  ordinances  and  regulations,  may  order  fines  and  penal- 
ties not   exceeding  ten    dollars  for   every  breach:  Provided,  Proviso. 
That  such  by-laws,  ordinances  and  regulations  shall  not  be 
repugnant  to  the  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation  Empowered  te 
shall  be,  and  hereby  is  made  and  declared  capable  to  have,  hold  certain 
hold,  and  possess  the  said  land,  wharf  and  flats  called  Derby  Lands. 
Wharf,  (excepting  the  stores  thereon  and  the  flats  under  and 
adjoining,  which  are  now  held  in  severalty  by  the  persons  be- 
fore named,  under  the  will  of  the  said  Elias  Hasket  Derby, 
Esquire,  deceased,  and  the  privileges  and  appurtenances  there- 
of;) and  also  to  purchase  and  hold  any  other  lands  and  ten- 
ements, not  exceeding  the  additional  value  of  thirty  thousand 
dollars,  exclusive  of  the  building  thereon  ;  and  shall  have 
power  to  erect  any  wharves  or  buildings  on  any  real  estates 
owned  by  said  corporation ;  and  any  sea  wall  or  other 
walls  to  protect  and  secure  the  same ;  and  shall  also  have 
power  to  grant,  sell,  and  alien,  in  fee  simple,  or  other- 
Avise,  by  deed  under  the  seal  of  the  corporation,  and  signed 
by  the  President  thereof,  the  corporate  property  or  any  part 
thereof;  and  to  lease,  exchange,  manage,  and  improve  the 
same,  according  to  the  will  and  pleasure  of  the  proprietors, 
or  the  major  part  of  them  present  at  any  legal  meeting,  to  be 
expressed  by  their  votes ;  and  the  rents,  profits,  and  receipts 
which  may  accrue  from  the  improvements,  leasing,  or  other 
management  of  the  corporate  property  aforesaid,  may  and 
shall,  once  at  least  in  every  year,  be  divided  among  the  pro- 
prietors, according  to  their  respective  shares. 

Sect.  3.  Be  it  further  enacted,  That  the  said  proprietors  Property  may 
may,  at  any  legal  meeting,  agree  upon  the  number  of  shares  be  divided  intc 
into  which  their  corporate  property  shall  be  divided,  not  ex-  ^'^"^^• 
ceeding  eighty  four,  and  upon  the  form  of  certificates  to  be 
given  to  individuals,  of  the  shares  by  them  respectively  held, 
and  upon  the  mode  and  conditions  of  transferring  the  same ; 
which  shares  shall  be  held  and  considered  as  personal  estate 
to  all  intents  and  purposes  whatsoever.  The  said  proprietors 
shall  also  have  power  to  assess  upon  each  share,  such  sums  of 
money,  as  may  be  deemed  necessary  for  erecting  and  repair- 
ing wharves,  walls  and  buildings,  and  generally  for  the  im- 
provement and  good  management  of  their  said  estate,  agreea- 
bly to  the  true  intent  of  this  act ;  and  to  sell  and  dispose  of 
the  shares  of  any  delinquent  proprietor,  for  the  payment  of 
such  assessments,  and  to  issue  new  certificates  thereof,  to  the 
purchaser,  in  such  way  and  manner,  as  said  corporation 
may,  by  their  rules  and  regulations,  determine  and  agree 
upon. 

Sect.    4.     Be  it  further  enacted,  That  the  property  of  every  Liable  to 
individual  member  of  said   corporation,  vested  in  said   corpo-  attachment, 
rate  fund  or  estate,  shall  be  liable  to  attachment,  and  to   the 
payment  of  his  just  debts,  in  manner  prescribed  by  an  act 
entitled,  "An  Act  directing  the  mode  of  attachment  on  mesne 
process,  and  selling  by  execution,  shares  of  debtors  in  incor- 


272  1809. •  Chap.  78—85. 

porated  companies,"  passed   the  eighth  day  of  March,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  five. 

Sect.  5.  Be  it  further  enacted,  That  John  Derby,  Ezekiel 
tirst  Meeting.  Hersey  Derby,  and  John  Prince  jun.  or  any  two  of  them, 
may  call  the  first  meeting,  by  advertising  the  same  in  any  one 
of  the  public  newspapers,  printed  in  Salem,  at  least  three 
days  before  the  time  of  meeting;  and  at  that,  or  any  other 
meeting,  may  elect  a  President,  Treasurer,  Clerk,  Secretary 
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,  as  well  as  on  all  oth- 
er occasions,  the  votes  shall  be  given  by  shares,  allowing  one 
vote  to  each  share  :  Provided  only^  That  no  member  shall  have 
more  than  ten  votes. 
Corporation  Sect.  6.     Be  i^/wW^er  mflc/efi,  That  nothing  herein  contain- 

may  not  take  ed  shall  be  deemed  and  construed  to  give  to  said  proprietors 
land  without^  any  right  or  authority,  to  take,  or  appropriate  to  their  use,  <he 
ance.  land,  right  or  privilege  of  any  person  or  persons,  without  a  le- 

gal conveyance  thereof  from  such  person  or  persons,  to  the  said 
corporation. 
Proceedings  in  Sect.  7.  Be  it  further  enacted,  That  in  any  action  to  be 
case  of  attach-  brought,  or  in  any  judgment  to  be  rendered  against  said  cor- 
poration, if  the  said  corporation,  after  seven  days  notice,  and  re- 
quest to  the  president,  secretary,  or  any  two  of  the  proprietors, 
shall  neglect  or  refuse  to  expose  any  estate  or  property  which 
may  be  attached  on  mesne  process ;  or  whereon  any  such  execu- 
tion may  be  levied,  the  plaintiff  in  such  action  shall  have  a  right 
to  levy  his  execution  upon,  or  to  attach  any  of  the  property  of 
the  individual  members  of  the  said  corporation,  in  the  same 
manner  as  if  the  action  had  been  brought,  or  iud';ment  entered 
against  them,  in  their  individual  capacities.     {.March  1,  1810.] 

Chap.  81 »  An  Act  in  alteration  of  an  Art,  entitled  "  An  Act  to  establish  and  incorporate  a 
1791  ch.  24.  religious  society  in  the  town  of  Easton,  in  the  county  of  Bristol,  by  the  name    of 

(V.  1.  p.  320.")       ^i^^  Congregational  Parish  in  Easton. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
so  much  of  the  fifth  section  of  an  Act  passed  the  seventh  day 
of  February,  in  the  year  of  our  Lord,  one  thousand  seven  hun- 
dred and  ninety-two,  entitled  "  An  Act  to  establish  and  incor- 
porate a  religious  society  in  the  town  of  Easton  in  the  county 
of  Bristol,  by  the  name  of  the  Congregational  Society  in  Easton," 
as  requires  that  the  minister  of  the  said  parish  for  the  time  be- 
ing shall  be  one  of  the  trustees  of  the  parish  funds,  be  and  the 
same  is  here})y  repealed.     [March  I,  1810.] 

Chap.  85.        An  Act  to  incorporate  Benjamin  Johnson   and  others  by  the  name  of  the  Lynn 
Union  Wharf  Company. 

WHEREAS  Benjamin  Johnson  and  others  his  associates,  are 
Preamble.  owners  of  a  wharf  in  Lynn,  in  the  county  of  Essex,  and  a  road 
leading  thereto,  at  a  place  called  Black  Marsh,  and  said  own- 
ers being  desirous  of  extending  their  said  wharf  for  the  purpose 
of  better  accommodating  themselves  with  deeper  water  and 
more  room  for  the  landing  of  lumber  and  other  articles : 
Therefore, 


1809. Chap.  85.  273 

Sect.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled.,  and  by  the  authority  of  the  sa.nie. 
That  Benjamin  Johnson,  Joseph  Fuller,  the  third,  Timothy  Persons  incor- 
Newhall,  Ezra  Collins,  John  Alley,  jun.  Oliver  Fuller,  Micajah  poiated. 
Alley,  the  third,  Micajnh  Burrell,  Jonathan  Connel,  Timothy 
Alley,  Solomon  Alley,  Benjamin  Alley,  the  third,  and  John 
Mudge,  of  said  Lynn,  and  all  other  persons  who  may  hereafter 
become  partners  in  said  company,  be  and  they  are  hereby 
made  and  constituted  a  body  politic  and  corporate,  by  the  name 
of  the  Lynn  Union  Wharf  Company,  and  by  that  name  may 
sue,  and  be  sued,  and  do,  sufter,  and  perform,  all  other  acts  and 
things,  and  have  and  possess  all  other  powers,  rights  and  pri- 
vileges, incident  by  law  to  aggregate  corporations. 

Sect.  2.  Be  it  firther  enacted,  That  the  property  of  said  cor-  Shares, 
poration  shall  be  divided  into  thirty  shares,  and  said  corpora- 
tion shall  have  power,  and  is  hereby  authorized,  when  it  shall 
judge  necessary,  to  augment  the  number  of  shares  to  sixty,  and 
to  sell  said  additional  shares  at  public  auction,  and  the  pro- 
ceeds thereof  shall  be  solely  appropriated  to  the  making  of  such 
additions  to  said  wharf,  as  said  corporation  shall  judge  proper, 
and  the  expense  of  all  further  additions,  alterations,  and  re- 
pairs, which  may  hereafter  be  made,  shall  be  defrayed  by  a 
tax  on  the  shares  in  said  corporation,  not  exceeding  twenty 
dollars  on  one  single  share,  for  additions,  alterations,  and  re- 
pairs in  any  one  year ;  and  the  shares  aforesaid  shall  be  num- 
bered in  progressive  order,  beginning  at  number  one,  and  every 
original  owner  thereof  shall  have  a  certificate  under  the  seal  of 
said  corporation,  signed  by  the  treasurer,  certifying  his  proper- 
ty in  said  wharf;  and  any  share  or  shares  may  be  alienated 
by  deed  executed  in  common  form  and  recorded  by  the  clerk 
of  said  corporation,  and  any  purchaser  showing  to  the  treasu- 
rer such  deed,  so  recorded,  and  delivering  up  to  him  the  for- 
mer certificate  shall  receive  a  new  one,  certifying  the  property 
of  such  share  or  shares  to  be  in  such  purchaser,  who  in  every 
respect  shall  be  a  member  of  said  corporation  instead  of  the 
former  proprietor. 

Sect.  3.  Be  it  firther  enacted.  That  each  member  of  said  cor-  Manner  of 
poration  shall  have  one  vote  for  each  share  not  exceeding  six,  eiectingoffi- 
and  no  member  shall  be  allowed  more  than  six  votes,  and  each  *^^^^* 
member  may  vote  by  proxy;  and  the  assent  of  the  proprietors 
of  two  thirds  of  the  shares  aforesaid  shall  be  necessary  for  the 
choice  of  a  clerk  (who  when  chosen  shall  be  sworn  or  affirmed 
to  the  faithful   discharge  of  his  duty  by  some  Justice  of  the 
Peace  of  said  county)  and  also  for  the  choice  of  a  treasurer  and 
all  other  officers,  and  for  the  making  of  all  by-laws,  rules,  and 
regulations   whatever.     Provided  nevertheless,   that   the    clerk, 
treasurer,  and  all  the  officers  aforesaid,  when  necessary,   may 
be  chosen  by  a  majority  present,  at  any  legal  meeting  for  that 
purpose. 

Sect.  4.  Be  it  further  enacted.  That  whenever  any  proprietor  Treasurer  may 
aforesaid  shall  neglect  or  refuse  to  pay  any  tax  duly  assessed,  sell  shares  of 
to  the  treasurer  aforesaid,  within  forty  days  after  the  time  set  ^^''°^"«"*S' 
for  the  payment  thereof,  said  treasurer  shall  sell  at  public  ven- 
vofc.  ly.  35 


274 


1809. 


Chap.  85— -86. 


Meeting  of  the 
proprietors. 


due  the  share  or  shares  of  such  delinquent  proprietor,  one  or 
more,  as  shall  be  sufficient  to  pay  said  taxes  and  all  incidental 
charges,  after  duly  notifying,  in  some  newspaper,  printed  in 
Boston  or  Salem,  the  sum  or  sums  due  on  said  share  or  shares, 
and  the  time  and  place  of  sale,  at  least  fourteen  days  previous 
to  the  time  of  sale,  and  such  purchaser  shall,  on  producing  a 
certificate  of  such  sale  from  the  treasurer  aforesaid,  to  said 
clerk,  containing  the  name  of  such  purchaser,  and  the  number 
of  the  share  or  shares  so  sold  as  aforesaid,  which  certificate 
shall  be  recorded  by  said  clerk,  be  considered  in  all  respects 
whatever,  the  proprietor  thereof,  and  the  overplus,  if  any,  shall 
be  paid  on  demand,  by  the  treasurer  aforesaid,  to  the  former 
proprietor. 

Sect.  5.  Be  it  further  enacted,  That  the  first  meeting  of  said 
corporation  shall  be  called  by  a  warrant  issued  by  any  Justice 
of  the  Peace  in  said  county,  to  whom  application  shall  be  made 
by  any  three  of  the  present  proprietors  for  that  purpose,  and 
such  Justice  is  hereby  authorized  to  issue  his  warrant  accor- 
dingly, directed  to  some  one  of  the  said  proprietors  to  call  said 
meeting. 

Sect.  6.  Be  it  further  enacted^  That  the  legislature  af  this 
Commonwealth  may,  at  any  time  after  the  expiration  of  ten 
years  from  the  passing  of  this  Act,  alter,  amend,  or  repeal  the 
same,  as  they  shall  judge  proper. 

Sect.  7.  Be  it  further  enacted^  That  in  any  action  to  be 
peity  liable  to  brought,  or  in  any  judgment  to  be  rendered  against  said  cor- 
™^"  ■  poration,  the  plaintiff  not  being  able  to  find  sufficient  property 
of  the  corporation  to  attach  on  mesne  process,  or  whereon  to 
levy  his  execution,  shall  have  the  right  of  attaching  or  levying 
his  execution  on  any  of  the  property  of  the  individual  mem- 
bers of  the  corporation,  in  the  same  manner  as  if  the  action  had 
been  brought  and  the  judgment  rendered  against  them  in  their 
individual  capacity.     \March  3,  1810.] 


Individual  pro- 


Chap.  86. 


Powers  and 
privileges. 


An  Act  to  authorize  the  raising  of  a  fund  for  the  support  of  public  Schools  in  the 
town  of  Springfield. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of  the  same, 
That  Jacob  Bliss,  Jonathan  Dwight,  jun.  Edward  Pynchon, 
Moses  Bliss,  jun.  and  Solomon  Warriner,  be,  and  they  hereby 
are  constituted  a  body  politic  and  corporate  by  the  name  of 
the  trustees  of  the  school  funds  in  the  town  of  Springfield,  and 
they  and  their  successors  shall  be  and  continue  a  body  politic 
and  corporate,  by  that  name  forever,  and  shall  have  a  common 
seal,  and  may  alter  the  same  at  their  pleasure,  and  by  that 
name  may  sue  and  be  sued  in  all  actions  real,  personal,  or  mix- 
ed, and  prosecute  and  defend  the  same  to  final  judgment  and 
execution  ;  and  the  said  trustees  may  elect  a  president,  and  a 
clerk  who  shall  be  sworn  to  the  faithful  performance  of  the  du- 
ties of  his  office,  and  a  treasurer  who  shall  give  bond  with  suf- 
ficient surety  or  sureties  faithfully  to  account  for  the  monies 
which  he  may  receive  by  virtue  of  this  Act. 

Sect.  2.  Be  it  further  enacted,  That  such  of  the  lands  belonging 


1809. Chap.  86.  275 

to  the  said  town  of  Springfield,  as  the  said  town  has  already  di-  Pvoceedsofthe 
rected,  or  may  hereafterdirect,  to  be  sold  for  the  use  of  schools  ,ands  vettelTIn 
in  said  town,  or  shall  authorize  the  said  trustees  to  hold  or  dis-  the  trustees, 
pose  of,  and  also  the  proceeds  of  any  sale  of  lands   appropria- 
ted by  said  town  for  the  use  of  schools,  be,  and   they   hereby 
are  vested  in  said  trustees   and  their  successors,  and  the  said 
trustees,  are  hereby  authorized  and  empowered  to  sell  and  con- 
vey the  whole  or  any  part  of  such  lands,  and  to  make,  execute, 
and  acknowledge  a  good  and  sufficient  deed  or  deeds   thereof, 
which  subscribed  by  their  president,  by  direction  of  said  trus- 
tees, with  their  seal  affixed,   and  by  him  duly  acknowledged, 
shall  be  good  and  effectual  in  law  to  pass  and   convey  all  the 
right  of  said  town  in  and  to  said  land  to  the  purchaser  thereof, 
to  all  intents  and  purf)Oses  whatsoever. 

Sect.  3.  Be  if  further  enacted.  That  the  number  of  trustees 
shall  not  at  any  time  be  more  than  seven,  nor  less  than  three  : 
a  major  part  of  whom  shall  constitute  a  quorum  for  transacting 
business  ;  and  they  shall  and  maj^  from  time  to  time  fill  up  va- 
cancies- in  their  number,  from  the  inhabitants  of  said  town, 
Avhich  may  happen  by  death,  resignation,  removal,  or  other- 
wise, and  shall  have  power  to  relieve  any  of  their  number,  who 
may  from  age,  infirmity,  or  misconduct,  become  unfit  to  dis- 
charge their  duty  ;  and  the  said  trustees  shall  annually  hold  a 
meeting  in  March  or  April,  and  as  muchoftener  as  shall  be  ne- 
cessary to  transact  their  business  :  and  Jacob  Bliss,  Esq.  is 
hereby  authorized  to  appoint  the  time  and  place  of  the  first 
meeting  of  said  trustees,  and  to  notify  them  accordingly:  and 
said  meetings  aOer  the  first,  shall  be  called  and  notified  in  such 
way  and  manner  as  the  said  trustees  shall  direct. 

Sect.  4.  Be  it  further  enacted,  That  any  gift,  grant,  be- 
quest, or  devise  hereafter  made  to  the  said  trustees,  shall  be 
valid  and  effectual  to  all  intents  and  purposes  whatsoever ;  and 
they  and  their  successors  are  hereby  empowered  to  take,  have,  further  pow» 
hold,  use,  and  improve,  any  estate,  real  or  personal,  the  annu- 
al income  whereof  shall  not  exceed  the  sum  of  five  thousand 
dollars,  in  trust  for  the  maintenance  and  support  of  public 
schools  in  said  town  :  and  the  monies  arising  from  the  sale  of 
lands,  already  sold  by  said  town,  and  appropriated  for  the  sup- 
port of  schools,  and  also  such  monies  as  said  trustees  may  re- 
ceive and  acquire  in  any  other  way,  shall  as  soon  as  may  be, 
be  put  at  interest  and  the  interest  thereon  accruing  shall  be  put 
at  interest  and  be  so  kept  on  interest  as  an  accumulating  fund, 
secured  by  sufficient  mortgages  of  real  estate,  or  by  two  or 
more  sufficient  sureties  besides  the  principal  debtor,  until  the 
interest  annuallj'^  arising  on  said  funds  shall  at  least  amount  to 
the  sum  of  one  hundred  and  twenty  dollars,  and  if  the  said  town 
shall  authorize  the  same  until  said  annual  interest  shall  amount 
to  two  hundred  dollars,  and  as  soon  as  the  interest  annually  ac- 
cruing from  said  funds  shall  amount  to  the  sum  of  one  hundred 
and  twenty  dollars,  or  in  case  the  said  town  shall  authorize  the 
retaining  the  same  as  aforesaid  to  the  sum  of  two  hundred  dol- 
lars, the  said  trustees  shall  forthwith  apply  the  said  interest  to 
the  support  of  English  schools  in  said  town,  and  shall  annually 


276 


1809. 


Chap.  86—87. 


Fund  to  be  un^ 
alienable. 


Delinquent 
trustee. 


Chap,  87. 


Persons  incor- 
porated. 


Powers  and 
privileges. 


pay  (he  same  to  the  treasurer  of  said  town,  for  the  time  beino^, 
to  be  by  him  paid  out  for  the  benefit  of  English  schools  in  such 
proportions  to  the  several  school  districts  as  the  said  town  shall 
direct  other  monies  raised  for  the  support  of  schools  to  be  paid, 
and  in  case  no  other  money  shall  be  raised  therefor,  to  be  dis- 
tributed as  the  said  town  shall  direct,  among  the  said  school 
districts. 

Sect.  5.  Be  it  further  enacted,  That  the  said  fund  shall  al- 
ways be  hoiden  and  deemed  to  be  unalienable,  and  shall  no 
part  thereof  be  used  or  applied  to  any  other  purpose  than  the 
support  of  schools  in  said  town  :  And  the  said  trustees,  their 
officers,  agents,  or  attornies,  shall  never  receive  any  compensa- 
tion for  any  services  performed  by  virtue  of  this  Act  from  any 
part  of  said  fund. 

Sect.  6.  Be  it  further  enacted.  That  it  shall  be  the  duty  of 
the  said  trustees  to  use  and  improve  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  said  trustees  shall  be  personal- 
ly answerable  to  the  inhabitants  of  said  town  for  his  neglect  or 
misconduct  in  the  management  and  disposition  of  said  fund  or 
estate,  and  said  inhabitants  may  have  and  maintain  a  special 
action  on  the  case  against  the  proper  person  of  such  trustee, 
and  his  goods  and  estate  for  such  negligence  or  misconduct, 
and  recover  adecjuate  damages  therefor,  and  such  damages  so 
recovered  shall  be  for  the  benefit  of  said  fund,  and  shall  be 
paid  and  appropriated  accordingly. 

Sect.  7.  Be  it  further  enacted,  That  when  final  judgment  shall 
be  rendered  against  any  of  said  trustees  for  neglect  or  miscon- 
duct in  the  management  or  disposition  of  said  fund,  he  shall  be 
thereby  disqualified  from  continuing  a  trustee,  and  in  case  said 
corporation  shall  not,  within  three  months  after  such  final  judg- 
ment, remove  such  delincjuent  trustee,  and  elect  another  in  his 
stead,  or  shall  permit  any  vacancy  by  which  their  number  shall 
be  reduced  to  less  than  three,  to  remain  unfilled  for  more  than 
three  months,  it  shall  be  lawful  for  the  said  town  to  fill  such 
vacancy. 

Sect.  8.  Be  it  further  enacted,  That  the  said  trustees  shall 
keep  a  fair  record  of  their  proceedings,  and  a  statement  of  their 
funds  and  estate,  and  shall  annually  exhibit  a  fair  copy  of  such 
statement  to  the  said  town,  at  their  annual  meeting  for  the  choice 
of  town  officers.     [March  3,  1810.] 

An  Act  to  establish  a  corporation,  by  the  name  of  the  Boston  JVeck  Turnpike  Cor-, 
poration. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  William  Payne,  Isaac  P.  Davis,  and  George  Cabot,  toge- 
ther with  such  other  persons,  as  shall  hereafter  associate  with 
them,  shall  be  a  corporation  and  a  body  politic,  by  the  name 
of  the  Boston  Neck  Turnpike  Corporation,  for  the  purpose  of 
laying  out  and  making  a  turnpike  road,  from  that  part  of  Bos- 
ton Neck  where  Lenox  street  intersects  Suffolk  street  to  the 
angle  of  the  old  road,  westerly  of  Wait's  mills  in  Roxbury,  and 


1809. Chap.  87-- 91.  277 

for  keeping  the  same  in  repair,  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  i804ch.  125. 
Act  defining  the  general  powers  and  duties  of  turnpike  corpo- 
rations," made  and  passed  the  sixteenth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  five,  and  any 
Acts  which  have  been  made  in  addition  thereto. 

Sect.  2.  Be  it  further  enacted.  That  when  the  road  aforesaid 
shall  be  laid  out,  made,  and  completed,  and  shall  be  approved 
by  the  Court  of  Common  Pleas  for  the  county  of  SutFolk,  the 
said  corporation  shall  have  power  to  erect  one  gate  thereon,  at 
such  place  as  the  said  court  ishall  order,  and  shall  be  entitled 
to  receive  toll  thereat,  any  thing  in  the  Acts  aforesaid  to  the 
contrary  notwithstanding.     [March  3,  1810.] 

An  Act  to  establish  a  corporation  by  the  name  of  The  Worcester  and  Sutton  Turn-   CTlCp.  88» 
pike  Corporation. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Jonathan  Holman,  Samuel  Waters,  Reuben  Wa-  Persons  incor- 
ters,  Joshua  Waters,  Artemas  Bullard,  Silvanus  Prat,  Nehe-  porated. 
miah  Davis,  Charles  Putnam,  Amos  Rich,  Samuel  Rich,  Benja- 
min Wallis,  jun.  Benjamin  Wallis,  3d,  David  Wallis,  Peter 
W^allis,  and  Pliny  Earle,  together  with  such  others  as  may 
hereafter  associate  with  them,  be,  and  they  are  hereby  made 
a  corporation,  by  the  name  of  The  Worcester  and  Sutton 
Turnpike  Corporation,  for  the  purpose  of  making  and  keep- 
ing in  repair,  a  turnpike  road,  beginning  near  the  dwelling 
house  of  Samuel  Rich,  in  Sutton,  and  from  thence  passing 
near  the  dwelling  house  of  Samuel  Waters,  in  the  best  direc- 
tion, to  the  farm  of  Jonathan  Holman,  in  the  north  parish  of 
said  Sutton,  or  as  near  thereby,  as  shall  be  found  most  eligible, 
for  the  public  accommodation,  and  from  thence  to  meet  the 
county  road  leading  from  Worcester  to  Sutton,  and  near  the 
dwelling  house  of  Joseph  Goddard  in  Worcester ;  and  for  the 
purpose  aforesaid,  shall  have  all  the  powers  and  privileges.  Powers  and 
and  shall  also  be  subject  to  all  the  duties,  requirements,  and  privileges, 
disabilities,  prescribed  and  contained  in  an  Act,  entitled,  "  An  i804ch.  125, 
Act  defining  the  general  powers  and  duties  of  turnpike  corpo- 
rations," passed  the  sixteenth  day  of  March,  eighteen  hundred 
and  five,  and  any  acts,  which  have  been  made  in  addi- 
tion thereto:  Provided  however,  That  in  case  there  should  be  Pro"*'iso. 
any  obstruction  from  buildings,  or  other  causes,  which  may 
prevent  a  straight  line,  the  committee  which  shall  be  appointed 
to  lay  out  said  road,  shall  in  such  case,  have  power  so  to  vary 
the  line,  as  to  avoid  such  obstructions  :  Provided,  That  the  said 
road,  shall  be  not  less  than  three  rods  wide  in  any  part  there- 
of, w^here  such  obstructions  may  be,  and  not  less  than  four  rods 
wide  in  all  other  places.     [March  3,  1810.] 

An  Act  id  incorporate  sundrj' persons,  by  the  name  of  The  Trustees  of  Donations   Chap.  91. 
to  the  Protestant  Episcopal  Church. 

WHEREAS  in  behalf  of  certain  religious  societies,  associa-  Preamble. 
ted  by  the  name  of  The  Convention  of  the  Protestant  Episco- 


278 


1809. 


Chap.  91. 


Persons  incor- 
porated. 


Powers  of  the 
Trustees. 


Repealed 
1810  ch.  34. 


Empowered  to 
receive  dona- 
tions. 


pal  Church  in  this  Commonwealth,  and  comprehended  in  the 
association  of  the  said  church  in  the  United  States  of  America, 
it  is  represented,  that  donations  to  a  considerable  amount  have 
been  made,  and  others  are  intended,  providing  for  the  support 
of  the  pastoral  office  of  a  Bishop  in  the  said  church,  and  di- 
rected to  other  purposes  respecting  their  religious  institutions 
and  public  worship;  and  it  is  prayed  that  trustees  may  be  in- 
corporated, and  enabled  to  receive  and  to  hold  in  succession, 
and  to  manage  and  improve  all  such  donations  to  the  pious 
uses  and  purposes  aforesaid.     Therefore, 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Thomas  C  Amory,  Adam  Babcock,  Shubael  Bell, 
David  Cobb,  Andrew  Craigie,  Asa  Eaton,  John  S.  J.  Gardiner, 
Benjamin  Greene,  Stephen  Higginson,  James  Ivers,  William 
Montague,  Edward  Rand,  Samuel  Sewall,  Samuel  Smith,  and 
Dudley  A.  Tyng,  and  their  successors,  be  and  they  hereby  are 
incorporated  and  made  a  body  politic  and  corporate,  by  the 
name  of  The  Trustees  of  Donations  to  the  Protestant  Episco- 
pal Church  ;  and  by  that  name  may  sue  and  be  sued,  and 
shall  have  and  use  a  common  seal,  to  be  by  them  devised,  al- 
tered, and  renewed,  at  their  pleasure ;  and  shall  have  authori- 
ty to  hold  meetings,  upon  due  notice  thereof,  and  therein  to  es- 
tablish all  reasonable  orders  and  by-laws,  for  the  better  go- 
vernment of  the  said  corporation,  not  repugnant  to  the  laws  ot 
this  Commonwealth  ;  and  by  said  orders  and  by-laws,  the  offi- 
cers to  be  appointed  in  the  said  corporation,  and  employed  in 
their  affiirs,  and  the  manner  of  electing  them  ;  with  their  se- 
veral duties  and  compensations,  shall  be  determined  and  spe- 
cified ;  and  at  such  meetings  the  said  corporation  shall  direct, 
from  time  to  time,  the  management,  improvement,  and  disposi- 
tion of  the  donations  and  property,  with  which  they  shall  be 
entrusted,  and  the  execution  and  "performance  of  the  trusts  and 
appropriations  therein  appointed. 

Sect.  2.  Be  it  further  enacted.  That  the  said  trustees,  for 
the  time  being,  shall  have  authority,  at  any  meeting  to  be  cal- 
led for  that  purpose,  to  nominate  and  appoint  other  trustees, 
and  to  remove  any  trustee : 

Provided,  That  there  shall  not  be  in  the  said  corporation,  at  any  one  time,  a 
greater  number  than  fifteen  trustees,  nine  of  whom  shall  be  a  quorum  lor  transact- 
in-  business  :  Provided  also.  That  no  trustees  shall  be  removed,  unless  with  the 
concurrence  of  a  majority  of  the  whole  number  of  trustees  for  the  time  being  : 

And  provided  likezoise.  That  whenever  the  whole  number  ot  ex- 
isting trustees  shall  happen  to  be  less  than  ten,  no  meeting  of 
the  said  corporation  shall  be  called  or  holden  for  any  other 
purpose  than  that  of  nominating  and  electing  other  trustees. 

Sect.  3.  Be  it  further  enactecl,  That  the  said  trustees,  and 
their  successors,  in  their  corporate  name  and  capacity,  shall 
be,  and  hereby  are  made  capable  in  law  to  receive,  take,  hold, 
possess,  manage,  dispose  of,  lease,  bargain,  sell,  and  improve, 
conformably  to  the  intentions,  and  subject  to  the  limitations 
and  directions  of  the  donors,  all  donations  of  money  and  other 
personal  estate,  and  of  lands  and  tenements  and  other  real  es- 
tate, which  shall  and  may  be  lawfully  given,  devised  or  trans- 


1809. Chap.  91—95.  279 

ferred  to  the  said  trustees,  and  which  shall  be  lawfully  vested 
in,  or  recovered  by  them,  and  whereof  the  proceeds,  profits,  in- 
come, or  beneficial  interest  shall  be  directed  to  the  purpose  of 
supporting  a  Bishop  in  the  protestant  episcopal  church,  or  of 
promoting  any  religious  or  charitable  institution  of  the  said  as- 
sociation of  churches  within  this  Commonwealth  ;  and  to  re- 
ceive, take,  hold,  manage,  and  improve  any  other  real  or  person- 
al estate,  which  shall  be  lawfully  conveyed,  granted,  or  assigned 
to  the  said  corporation  in  trust,  and  whereof  the  income  shall 
be  directed  and  appropriated  to  the  support  of  a  religious  pas- 
tor or  teacher  in  any  society  or  church,  members  of  the  said 
association  of  churches,  under  the  superintendence  of  the 
same  Bishop :  Provided,  That  the  estates,  real  and  persona], 
which  may  be  vested  in  the  said  corporation,  other  than  such 
estates  and  property  as  may  be  conveyed  or  assigned  in  trust 
for  the  support  of  a  religious  pastor  or  teacher  as  aforesaid, 
shall  not  exceed,  at  any  one  time,  in  the  annual  income  there- 
of, actual  or  estimated,  the  sum  of  fifteen  thousand  dollars. 

Sect.  4.  Be  it  further  enacted,  That  the  said  corporation  Corporation 
shall  be  liable  to  be  sued  and  impleaded  before  the  Supreme  ''^*''^  ^°  ^^ 
Judicial  Court,  at  the  suit  of  proper  parties  and  complainants, 
by  bill  in  equity,  and  according  to  the  course  of  proceedings  in 
courts  of  law  having  jurisdiction  in  matters  of  trust,  and  of  do- 
nations for  pious  and  charitable  uses :  and  the  justices  of  the 
said  court  shall  have  authority  thereupon  to  enforce  the  faith- 
ful performance,  specifically  or  otherwise,  as  the  case  may  re- 
quire, of  all  trusts  and  appropriations  limited  and  appointed 
upon  any  donations  of  lands,  monies,  and  other  estate,  real  and 
personal,  which  shall  be  lawfully  vested  in  the  said  corpora- 
tion, and  to  enquire  of  the  disposition  and  management  thereof, 
and  by  injunction,  sequestration,  or  otherwise,  to  be  granted 
and  awarded  by  the  said  court,  such  remedies  and  relief  in  the 
premises  shall  be  afforded  as  to  law  and  justice  shall  apper- 
tain. 

Sect.  6.  Be  it  further  enacted,  That  the  Rev.  John  S.  J.  First  meeting. 
Gardiner  and  the  Rev.  Asa  Eaton,  be  and  they  hereby  are  au- 
thorized to  fix  the  time  and  place  for  the  first  meeting  of  the 
said  corporation,  of  which  they  shall  give  notice  in  writing  to 
each  member  thereof.  [March  3,  1810.]  Add.  act — 1810  ch. 
34. 

An  Act  to  incorporate  certain  persons  into  a  company  by  the  name  of  The  Lech-   CAflO    9^ 
mere  Point  Corporation.  '* 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Thomas  Handasyd  Perkins,  James  Perkins,  Wil-  Persons  incor- 
liam  Payne,  Ebenezer  Francis,  and  Andrew  Craigie,  being  te-  P°'^^'«<^- 
nants  in  common  of  a  certain  tract  of  land  in  the  town  of  Cam- 
bridge, in  the  county  of  Middlesex,  commonly  known  by  the 
name  of  Lechmere's  Point,  and  of  certain  other  lands  near  to 
said  Lechmere's  Point,  of  which  said  Craigie  was  seized  on 
the  first  day  of  November,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  eight,  and  parts  of  which  have  been 


280 


1809. 


Chap.  95. 


Extended 
lg22  ch.  19. 


Corporation 
empowered  to 
bold  and  im- 
prove certain 
lands. 


To  be  divided 
into  shares. 


Proviso. 


Property  of  in, 
dividuals  lia- 
ble to  attach- 
ment. 

1804  Ch.  33. 


conveyed  by  said  Cragie  to  the  persons  named  in  this  act, 
and  others  since  that  time,  as  by  his  deeds  will  appear,  together 
with  such  persons  as  now  are  tenants  in  common  of  said 
lands,  or  may  hereafter  associate  with  them,  and  their  succes- 
sors and  assigns,  being  citizens  of  the  United  States,  shall  be 
and  hereby  are  constituted  a  body  politic  and  corporate,  by 
the  name  of  The  Lechmere  Point  Corpon.tion,  for  the  term  of 
twelve  years  and  no  longer  ;  and  the  said  corporation  by  the 
said  name,  are  hereby  declared  and  made  capable  in  law,  to 
sue  and  be  sued,  to  implead  and  be  impleaded,  to  have  a  com- 
mon seal,  and  alter  and  renew  the  same  at  pleasure,  and  to 
make  rules  and  by-laws  for  the  management  and  regulations 
of  said  estate,  consistent  with  the  laws  of  the  Commonwealth, 
and  generally  to  do  and  execute  whatever  by  law  appertains 
to  bodies  politic.  ,  . , 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation 
be  capable*  to  have,  hold,  and  possess  such  part  of  the  said 
tract  of  land  as  may  belong  to  the  said  proprietors  named  in 
this  act,  and  of  any  others  who  may  associate  with  them,  and 
shall  have  power  to  make  streets  through  the  same,  and  divide 
it  into  lots,  and  to  build  walls  to  protect  the  same  from  the  wa- 
ter, and  to  erect  buildings  thereon,  and  the  said  corporate  pro- 
perty, or  any  part  thereof,  to  grant,  sell,  and  alien,  in  fee  sim- 
ple or  otherwise,  and  to  lease,  exchange,  manage,  and  improve 
the  same  according  to  the  will  and  pleasure  of  the  proprietors, 
or  the  major  part  of  them  present  at  any  meeting,  to  be  ex- 
pressed by  their  votes. 

Sect.  3.  Be  it  further  enact fd,  That  said  proprietors  may 
at  any  legal  meeting  aejree  upon  the  number  of  shares  into 
which  said  estate  shall  be  divided,  not  exceeding  twelve  hun- 
dred, and  upon  the  form  of  certificates  to  be  given  to  individ- 
uals,'of  the  number  of  shares  by  them  respectively  held,  and 
upon  the  mode  and  conditions  of  tr.insferring  the  same,  which 
shares  shall  be  held  and  considered  as  personal  estate  m  the 
same  manner  that  shares  in  turnpike,  brid-e,  and  canal  com- 
panies are  by  law  held  and  considered  ;  the  said  proprietors 
shall  also  have  oower  to  assess  upon  each  share  such  sums  of 
monev  as  may  be  deemed  necessary  for  laying  out,  dividing, 
erecting  walls  and  buildings,  and  generally  for  the  improve- 
ment and  ffood  management  of  their  estate  aforesaid,  agreeably 
to  the  true  intent  of  this  act,  and  to  sell  and  dispose  of  the 
share  or  shares  of  any  delinquent  proprietors  for  the  payment 
of  assessments  in  such  way  and  manner,  as  said  corporation 
by  their  rules  and  regulations  determine  and  agree  upon  :  Fro- 
Jded  ho-j^ever.  That  the  value  of  buildings  which  may  be  own- 
ed bv  the  said  corporation  at  any  one  time  shall  not  exceed 
thirty  thousand  dollars  in  value,  exclusive  of  such  as  may  be 
taken  as  security  for  debts. 

Sect    4.     Be  it  further  enacted,  That  the  property  of  every 

■  individual  member  of  said  corporation  vested  in  said  corporate 

fund  or  estate  shall  be  liable  to  attachment  and  to  the  payment 

of  his  iusi  debts  according  to  the  provisions  of  an  Act,  entitled, 

«  An  Act  directing  the  mode  of  attaching  on  mesne  process. 


1809. Chap.  95—96.  281 

and  selling  by  execution  shares  of  debtors  in  incorporated  com- 
panies." 

Sect.  5.  Be  it  further  enacted,  That  any  two  of  the  proprie-  First  meeting, 
tors  may  call  the  first  meeting  by  advertising  the  same  in  any 
one  of  the  public  newspapers  printed  in  Boston,  at  least  three 
days  before  the  time  of  meeting,  and  at  that  or  any  other  meet- 
ing may  elect  a  moderator,  treasurer,  clerk,  or  other  officers,  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  an^'  other  occasion  when  it  shall 
be  required  by  a  majority  in  value  of  the  members  present, 
the  votes  shall  be  given  by  shares  and  every  member  of  the 
corporation  shall  be  permitted  to  give  one  vote  for  every  share 
whereof  he  is  proprietor,  unless  he  be  proprietor  of  more  than 
five  shares,  and  one  vote  for  every  five  shares  above,  and  ab- 
sent members  may  vote  by  proxy,  authorized  in  writing. 

Sect.  6.     Be   h  further  enacted.    That  nothing  herein  con-  The  rights  of 
tained  shall  be  deemed  or  construed  to  affect  the  right  or  estate  [JiX^'";',";^ 
of  any  proprietor  of  the  said  tract  who  may  not  associate  and  poration  are 
become  a  member  of  the  corporation  ;  and  at  the  expiration  of  not  affected  by 
said  term  of  twelve  years,  or  whenever  the   Legislature  shall 
deem  proper  to  repeal  this  act,  all  real  estate   then  belonging 
to  the  said  corporation  shall  be  vested  in  such  persons  as  may 
then  be  members  thereof,  and   their  respective  heirs  and   as- 
signs as  tenants  in  common  in  proportion  and  according  to  the 
,  number  of  shares  which  they  may  then  hold  :  Provided  always. 
That  the  said  proprietors  shall  have  power  after  the  expiration 
of  said  term  to  sue  for,  recover,  and  divide   in   their  corporate 
capacity  all  debts  which  may  then  be  unpaid  :  Provided,  That  Froviso. 
nothing  in  this  act  shall  be  construed  to  exempt  said  real  es- 
tate from  taxation  in  the  town  where  the  same  lies.     And  pro- 
vided also.  That  the  books  of  said  corporation  shall  be  open  to 
all  persons  having  claims  and  demands  on  the  said  corporation 
or  any  of  its  members.     [March  3,   1810.]     Add.  act— 1822. 
ch.  19.  

An  Act  to  incorporate  a  number  of  persons  in  the  town  of  Dauvers,  by  the  name   C/lCp.  96. 
of  The  Danvers  Cotton  Factory  Company. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House   of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Ebenezer  Felton,  and  his  associates,  together  with  ^^^1^^^^^°^' 
such  others,  as  may  hereafter  associate  with   them,   and  their  co"mpanHn- 
successors,  be,  and  they  are  hereby  made  a  corporation,  by  the  corporated. 
name  of  The  Danvers  Cotton  Factory  Company,  for  the   pur- 
pose of  manufacturing  cotton  in  the  town  of  Danvers,  and  for 
this  purpose  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements,  prescribed  and  con- 
tained in  An  act,  entitled,  "  An  act  defining  the  general  powers  jg^j  ^.j,^  g^^ 
and  duties  of  manufacturing  corporations,"  passed  the  third  day 
of  March,  eighteen  hundred  and  nine. 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation, 
may  be  lawfully  seized  and  possessed  of  such  real  estate,  not 
exceeding  the  value  of  fifty  thousand  dollars,  and  such  per- 

voL.  IV.  36 


282 


1809. 


Chap.  96—102. 


Chap,  97. 


Newburyport 
Mechanick  As 
sociation  in- 
corporated. 


sonal  estate,  not  exceeding  the  value  of  one  hundred  thousand 
dollars,  as  may  be  necessary  and  convenient,  for  carrying  on 
the  manufacture  of  cotton,  in  said  town  of  Danvers.  [March 
5,1810.] 

An  Act  to  incorporate    Theophilus  Bradbury  and   others,  by  the  name  of  The 
Newburyport  Mechanick  Association. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Theophilus  Bradbury,  and  all  those  who  l^ave  as- 

■  sociated  or  may  hereafter  associate  with  him,  be,  and  they 
hereby  are  incorporated,  and  made  a  body  politic  by  the  name 
of  The  Newburyport  Mechanick  Association,  and  by  that 
name  shall  be  known  in  law  ;  shall  be  capable  of  suing,  and 
be  sued  ;  and  shall  have  power  to  have  and  keep  a  common 
seal  ;  to  make  by-laws  for  the  election  of  their  officers,  and 

*  members,  the  collection  of  assessments,  the  regulation  of  their 
meetings  and  appropriation  of  their  funds  for  charitable  pur- 
poses ;  but  shall  have  power  to  make  by-laws  for  no  other 
purpose  whatever.  ,  .  , 

■  Sect.  2.  Be  it  further  enacted,  That  the  said  corporation 
shall  have  power,  and  be  capable  in  law,  to  purchase,  hold, 
and  possess,  in  fee  simple,  or  otherwise,  personal  or  real  es- 
tate:  Provided,  That  such  personal  estate  shall  not  exceed 
twenty  thousand  dollars,  and  such  real  estate  ten  thousand 
dollars,  in  value. 

Sect.  3.  Be  it  further  enacted.  That  the  annual  income  ot 
said  corporation  shall  be  appropriated  and  employed,  exclu- 
sively, for  the  purpose  of  relieving  the  distresses  of  unfortunate 
mechanicks  and  their  families;  to  promote  inventions  and  im- 
provements in  the  mechanick  art,  by  granting  premiums  for 
such  inventions  and  improvements ;  and  to  assist  young  me- 
chanicks with  loans  of  money. 

Sect.  4.  Be  it  further  enacted,  That  the  said  corporation 
shall  be,  and  continue,  for  and  during  the  term  of  ten  years, 
unless  the  legislature  shall  within  that  time,  see  fit  to  dissolve 
the  same.     [March  5,  1810.]  

An  Act  to  set  off  Thomas  Saunderson  and  others,  from  Deerfield,   and  annex 
them  to  Whately. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Lands  annexed  same.  That  from  and  after  the  passing  of  this  act,  Thomas 
to  Whately.  Saunderson,  Ebenezer  Barnard,  and  Justin  Morton  with  their 
polls  and  estates,  together  with  the  lands  and  the  inhabitants 
thereon,  within  the  limits  hereafter  described,  that  is  to  say,  be- 
ginning at  the  south-west  corner  of  Thomas  Saunderson's  land, 
in  the  north  line  of  Whately,  thence  running  northerly  on  a 
line  parallel  with  the  original  east  line  of  Conway  to  the  north 
line  of  Lot  Number  Sixteen,  in  Long-hill  west  division,  so  call- 
ed, thence  running  eastwardly  on  the  north  line  of  said  lot 
Number  Sixteen  to  the  east  end  of  Justin  Morton's  land,  thence 
southerly  on  the  east  line  of  Justin  Morton's  land,  to  the  south 
line  of  Wm.  Tyron's  land,  thence  eastwardly  on  the  south 


Amount  of  in 
come. 


Income,  how 
appropriated. 


Chap.  102. 


1809. Chap.  102—106.  283 

line  of  William  Tyron's  land,  to  the  east  side  of  the  county 
road  leading  from  Deerfield  to  Whately,  thence  southwardly 
on  the  east  line  of  said  county  road  to  the  north  line  of 
Whately,  including  all  lands  within  the  said  running  line  and 
the  north  line  of  Whately,  be,  and  they  hereby  are  set  off 
from  the  town  of  Deerfield,  and  annexed  to  the  town  of  Whate- 
ly :  Provided^  That  the  polls  and  estates,  hereby  taken  from 
Deerfield  and  annexed  to  Whately,  be  holden  to  pay  to  the 
town  of  Deerfield  all  town  taxes  which  have  been  or  may  be 
assessed  thereon  before  the  first  day  May  next,  and  all  state 
and  county  taxes  which  have  been  or  shall  be  assessed  there- 
on, until  a  new  valuation  shall  be  taken  in  this  Commonwealth; 
and  all  officers  of  the  town  of  Deerfield  shall  have  the  like  au- 
thority and  powers,  for  that  purpose,  as  though  this  act  had 
not  passed  ;  and  while  said  polls  and  estates  are  assessed  in 
Deerfield,  they  shall  not  for  a  like  tax  be  assessed  in  Whately. 
[March  5,  1810.]     Further  act — 1811  ch.  22. 

An  Act   to  incorporate  certain  persons  by  the   name   of  Tlie  Middlefield  Free   Qjign,  105. 
Stone  Company,  ■* 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives,  in  General    Court  assembled,  and  by  the  authority  of  the 
same^  That  Nathaniel  Dorr,  Nathaniel   Ruggles,  William  Lam-  Persons incor- 
bert,  Simon  Elliot,  Thomas  Shephard,  Charles  Shephard,  and  P°'"^*«''- 
John  Shephard,  with  such  other  persons  as   already   have,  or 
may  hereafter  associate  with  them,  their  successors   and  as- 
signs, be,  and  hereby  are  made  a  corporation,  by  the  name  of 
The  Middlefield  Free  Stone  Company,  for  the  purpose  of  pre- 
paring and  finishing  for  various  uses,  a  quarry  of  free  stone  in 
the  town  of  Middlefield,  in  the  county  of  Hampshire  and  for 
transacting  any  business  necessarily  connected  therewith,  and 
for  that  purpose  shall  have  all  the  powers  and  privileges,  and 
be  subject  to   all   the  duties  and  requirements,  contained  in  Powers  and 
act  passed  the  third  day  of  March,  in  the  year  of  our  Lord  l'"V''eges. 
One  thousand   eight  hundred   and  nine,  entitled,  "  An  act   de-  1808  ch.  65. 
fining  the  general  powers  and  duties  of  manufacturing  corpora- 
tions." 

Sect.  2.  Be  it  farther  enacted.  That  said  corporation  may 
be  lawfully  seized  and  possessed  of  such  real  estate,  not  ex- 
ceeding sixty  thousand  dollars,  and  such  personal  estate  not 
exceeding  one  hundred  thousand  dollars  in  value,  as  may  be 
necessary  and  convenient  for  carrying  on  the  manufactory 
aforesaid.     [March  5,  1810.]] 

An  Act  to  incorporate  certain  persons,  by  the  name    of  the  Salem  Athenaeum.     ChttV*  106* 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Edward  Augustus  Holyoke,  William  Orne,  Moses  Little,  ^^^g*"^^^^' 
John  Treadwell,  jun.  John  Pickering,  jun.  Benjamin  L.  Oli-  corporated,  , 
ver.  Leveret  Saltonstall,  Nathaniel  Silsbee,  and  Samuel  Put- 
nam, together  with  all  other  persons,  who  are  or  shall  become 
members  of  the  said  association,  be,  and  they  hereby  are  in- 
corporated by  the  name  of  The  proprietors  of  the  Salem 
Athenaeum,  and  by  that  name  may  sue,  and  be  sued,  plead 


284 


1809. 


Chap.   106. 


May  have  a 
common  seal. 


Meetings,  by- 
laws, &c. 


Fines. 


How  collected 


and  be  impleaded,  defend  and  be  defended,  in  all  and  any 
courts  of  law,  or  elsewhere,  in  all  manner  of  actions,  pleas,  or 
c<MUEOversies  whatsoever,  and  in  their  said  corporate  capacity, 
and  by  their  said  name,  they  and  their  successors  shall  be  ca- 
pable in  law  to  purchase,  receive,  have,  hold,  take,  possess  and 
enjoy,  in  fee  simple,  or  otherwise,  lands,  tenements,  rents  and 
hereditaments,  not  exceeding  in  the  whole,  the  yearly  value 
of  two  thousand  dollars,  exclusive  of  the  building  or  buildings 
which  may  be  actually  occupied  or  used  for  literary  purpo- 
ses. And  the  said  corporation  and  their  successors,  shall  be 
capable  of  taking,  receiving  and  holding  by  donation,  subscrip- 
tion, bequest,  or  otherwise,  money,  goods,  chattels,  effects,  and 
credits,  to  an  amount,,  the  yearly  value  of  which  shall  not  ex- 
ceed three  thousand  dollars,  exclusive  of  their  books,  so  that 
the  estate  aforesaid  shall  be  appropriated  for  the  promotion  of 
literature,  of  the  arts  and  sciences,  and  not  otherwise:  And 
the  said  corporation,  and  their  successors,  shall  have  power  to 
give,  grant,  sell,  alien,  convej^,  exchange,  or  lease,  all  or  any 
part  of  their  lands,  tenements,  or  other  property,  for  the  bene- 
fit and  advantage  of  said  corporation. 

Sect.  2.  Be  it  further  enacted^  That  the  said  corporation 
may  have  a  common  seal,  for  their  use  and  benefit,  with  full 
power  to  alter  change,  or  renew  it,  whenever  they  shall  think 
the  same  expedient. 

Sect.  3.  Be  it  further  enacted^  That  the  said  corporation 
shall  have  power  to  determine  when  and  where  their  meetings 
shall  be  holden,  and  the  manner  of  notifying  and  calling  the 
same,  and  power  to  choose  such  officers,  with  such  powers,  as 
they  shall  judge  expedient,  and  to  make  by-laws,  for  the  due 
government  of  the  said  corporation  and  for  the  due  and  orderly 
conducting  the  affairs  thereof,  and  for  and  concerning  all  mat- 
ters and  things  relating  to  said  corporation,  and  the  same  at 
pleasure  to  alter  and  amend  or  repeal :  Provided  however. 
That  the  powers  vested  in  their  said  officers,  and  the  said  by- 
laws shall  not  be  repugnant  to  the  constitution  and  laws  of  this 
Commonwealth. 

Sect.  4.  Be  it  further  enacted,  That  the  proprietors  of  said 
.corporation  shall  have  power  to  impose  suitable  fines,  not  ex- 
ceeding five  dollars,  for  the  nonfulfilment  or  breach  of  the 
same  by-laws  ;  and  the  said  corporation  shall  have  a  suitable 
remedy  by  action  to  recover  such  fines  in  any  court  of  law 
proper  to  try  the  same. 

Sect.  5.  Be  it  further  enacted,  That  whenever  any  proprie- 
tor shall  neglect  or  refuse  to  pay  any  assessment  duly  imposed 
uporj  his  share  or  shares,  in  said  corporation,  for  the  space  of 
sixty  days  after  the  time,  set  for  the  payment  thereof,  the 
treasurer  of  said  corporation  is  hereby  authorized  to  sell  at  pub- 
lic vendue,  the  share  or  shares  of  such  delinquent  proprietor, 
after  duly  notifying  in  some  news-paper  printed  in  the  town  of 
Salem,  the  sum  due  on  such  share  or  shares,  and  the  time  and 
place  of  sale  at  least  thirty  days  before  the  time  of  sale,  and 
such  sale  shall  be  a  sufficient  transfer  of  the  share  or  shares 
so  sold  to  the  purchaser,  and  upon  producing  a  certificate  of 


1809. Chap.  106—111.  285 

such  sale  from  the  treasurer,  such  purchaser  shall  be  entitled 
to  a  transfer  of  the  share  or  shares,  so  sold,  on  the  books  of 
the  corporation,  and  shall  be  considered  to  all  intents  and  pur- 
poses the  proprietor  thereof;  and  the  overplus  of  such  sale,  if 
any  there  be,  after  payment  of  such  assessment  and  incidental 
charges,  shall  be  paid  on  demand,  by  such  treasurer,  to  the 
person  whose  share  or  shares  were  sold  as  is  before  provided. 

Sect.  6.  Be  it  further  enacted,  That  Edward  Augustus  F.rst  meeting. 
Holyoke,  William  Orne,  Nathaniel  Silsbee,  and  Samuel  Put- 
nam, or  any  three  of  the  same,  shall  have  povver  to  call  the 
first  meeting  of  the  said  proprietors,  by  advertising  the  sanie 
three  weeks  successively  before  the  time  of  such  meeting,  m 
some  newspaper  printed  in  the  town  of  Salem,  and  that,  at  the 
same  meeting,  the  said  proprietors  may  proceed  to  execute  any 
or  all  the  powers  vested  in  them  by  this  act.     [March  6, 1810.] 

An  ACT    in  addition  to  an  Art,  entitled  An  Act  to  establish  a  company,  by  the  Chap.  111.  ■ 
name  of  The  Worcester  and  Stafford  Turnpike  Corporation.  1805  ch.  33. 

WHEREAS,  by  the  act  to  which  this  is  in  addition,  the  i«09  ch.  22. 
Honorable  Salem  Towne,  Esq.  Abner  Brown,  and  Aaron  Marsh,  Preamble. 
Esqrs.  were  appointed  a  committee  to  locate  said  turnpike  road 
and, to  make  return,  after  having  completed  their  business,  to 
the  then  next  courts  of  general  sessions  of  the  peace  to  be 
holden  in  the  counties  of  Worcester  and  Hampshire,  and 
whereas  Aaron  Marsh,  one  of  said  committee,  deceased  be- 
fore said  business  was  completed,  and  the  return  of  the  doings 
of  said  committee  was  afterward  made  by  the  other  two  of  said 
committee  to  the  courts  of  sessions  within  and  for  said  coun- 
ties of  Worcester  and  Hampshire,  but  not  within  the  time  pre- 
scribed by  said  act.     Therefore, 

Sect.  1.     Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  report  of  said  Salem  Towne,  and  Abner  Brown,  two  ^^2t°ee^' 
of  said   committee,  locating  said   turnpike  road,  so  made  as  JaJg^alid. 
aforesaid,  to  the  courts  of  sessions  for  the  counties  of  Hamp- 
shire and  Worcester,  be  valid  and  effectual  in  law,  to  all  in- 
tents and  purposes  as  if  it  had   been  made  and  signed  in  the 
life  time  of  said  Aaron  Marsh,  by  all  the   members   of  said 
committee,  appointed  by  said  act,  and  had  been  duly  returned 
to  said  courts  within  the  time  by  said  act  provided.     And  all 
the  proceedings  of  the  courts,  within  and   for  said  counties  of 
Hampshire  and  Worcester,  had  or  which  may  be  had,  on  the 
report  of  said  committee,  so  made  as  aforesaid,  shall  have  the 
same  force  and  effect  in  law,  as  they  would   have  had,  m  case 
the  report  had  been  made  and  returned  according  to  the  pro- 
visions of  the  act  to  which  this  is  in  addition.  Provided  hoic ever, 
That  nothing  in  this  act  contained  shall  be  so  construed  as  to 
affect  the  claim  of  any  person  or  persons  where  suits  have  been 

already  commenced.  .,01        n^ 

Sect.    2.     Be  it  further   enacted,    That  said   Salem  Towne  Com-rutte  ap- 
and  Abner  Brown,  together  with  Reuben  Sikes,  Esqrs.  or  any  ^^.^^  ^^^ 
two  of  them,  be  a  committee   to  examine  said   turnpike  road,  road, 
and  to  approve  of  the  same,  if  made,  in  their  opinion,  as  near 
as  may  be,  conformable  to  law,  and  to  determine  on  the  places 


286 


1809. 


Chap.  112—113. 


Chap,  112. 

1791  ch,  62. 
(V,  1.  p.  361.) 

1792  ch.  21. 
87. 

(V.  1.  p.  394. 
449.) 

Proprietors  of 
West-Boston 
Bridge  empow- 
ered to  dispose 
of  certain  real 
estate. 


Former  pro- 
ceedings con- 
irmed. 


Chap.  113. 


Names  of  cer- 
tain persons 
altered. 


where  the  gates  shall  be  erected,  and  to  make  report  of  their 
doings  to  the  Courts  of  Common  Pleas  within  and  for  said 
counties  of  Hampshire  and  Worcester,  who  are  hereby  author- 
ized to  accept  and  confirm  the  same,  within  their  respective 
counties.     [March  6,  1810.]     Further  act— 1 8 1 9  ch.  1 1 3. 

''^  npr^nlc  '?  ^,^'l*tion  to  an  Act,  entitled,  An  Act  for  incorporating  certaiu 
persons,  for  the  purpose  of  building  a  Bridge  over  Charles  River,  from  the  wes- 
terly part  of  Boston  to  Cambridge,  and  for  extending  the  interest  of  the  pro- 
prietors of  Charles  River  Bridge  for  a  term  of  years. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, m  General  Court  assembled,  and  by  the  authority  of  the 
*"T'  u  ^^^  proprietors  of  the  West  Boston  Bridge,  be, 

and  they  are  hereby  authorized  and  empowered,  from  time  to 
time  to  convey,  sell,  and  dispose  of,  or  to  exchange,  in  fee 
simple  or  otherwise,  as  they  shall  think  fit,  any  part  of  the 
real  estate,  which  they  have  already  purchased,  or  shall  here- 
after purchase,  by  any  deed  or  deeds,  made  and  duly  execut- 
ed, either  by  their  President  and  Directors,  or  the  major  part 
of  them,  under  the  seal  of  said  corporation,  or  by  any  agent 
or  ag-ents,  by  the  said  corporation  appointed,  under  their  seals, 
provided  they  shall  have  been  rpspertively  authorized,  by  a 
vote  of  said  rorporaiion,  to  make  such  conveyance,  sale  dis- 
position, or  exchange  thereof. 

Sect.  2.  Be  it  further  enacted,  That  all  sales  or  exchan- 
ges  ot  any  part  of  their  real  estate,  already  made  by  the  said 
corporation,  or  by  any  agent  or  agents  under  them,  in  conse- 
quence  of  any  vote  of  said  corporation  for  such  purpose,  had 
and  passed,  shall  be,  and  are  hereby  confirmed  to  their  gran- 
tees  and  their  heirs  and  assigns  forever,  and  shall  be  deemed 
good  and  valid  in  law,  to  all  intents  and  purposes,  conforma- 
bly  to  the  tenor  of  their  respective  deeds,  purporting  to  con- 
vey or  exchange  the  same  in  due  form  of  law,  any  want  of 
legal  authority  vested  in  said  corporation  to  sell,  convey  dis- 
pose of  or  exchange  any  part  of  their  real  estate  at  thetime 
notwithstanding.     [March  6,  ISIO.]  ' 

An  Act  to  change  the  names  of  certain  persons  therein  mentioned. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
general  Court  assembled,  and  by  the  authority  of  the  same    That 
from  and  after  the  passing  of  this    act,  James  Ayer  (son  of 
James  Ayer,  jun.)  of  Haverhill,  in  tTie  county  of  Essex,  shall 
be  allowed  to  take  the  names  of  James  Hazen  Brirket  Ayer- 
that  Prince  Beal,  of  Kingston,  in  the  county  of  Plymouth,  shall 
be  allowed  to  take  the  name  of  Thomas   Prince  Beal  •  that 
Grace  Besom,  of  Marblehead,  in  the  county  of  Essex,  shall  be 
allowed  to  take  the  name  of  Martha  Besom ;  that  John  Hall 
ot  Lee,  in  the  county  of  Berkshire,  shall  be  allowed  to  take 
the  name  of  John  Grafton  Hall ;  that  Joseph  Huin,  of  Sharon 
in  the  county  of  Norfolk,  shall  be  allowed  to  take  the  name  of 
Joseph  Hewins ;  that  John  Philips,  of  Bradford,  in  the  county 
ot  Essex,  shall  be  allowed  to  take  the  name  of  Alonzo  Philips  • 
that  Joseph  Sprague  (son  of  Ebenezer  Sprague)  of  Danvers' 
m  the  county  of  Essex,  shall  be  allowed  to  take  the  name  of 


1809. Chap.  113—1 19.  287 

Joseph  George  Sprague ;  that  Sylvester  Twiss,  of  Danvers,  in 
the  county  ot  Essex,  shall  be  allowed  to  take  the  name  of  Syl- 
vester Proctor ;  that  Elizabeth  Thompson  Tyler,  of  Boston, 
in  the  county  of  Suffolk,  shall  be  allowed  to  take  the  name  of 
Elizabeth  Jones  Thompson  Tyler ;  that  Asa  Ward,  jun.  of 
Boston,  in  the  county  of  Suffolk,  shall  be  allowed  to  take  the 
name  of  Lauriston  Ward ;  that  Rhoda  White,  of  Salem,  in  the 
county  of  Essex,  shall  be  allowed  to  take  the  name  of  Eliza- 
beth Cutter  White ;  that  James  Hinkley,  (also  called  James 
Evans)  of  Winthrop,  in  the  county  of  Kennebeck,  shall  be  al- 
lowed to  take  the  name  of  James  Wheeler;  that  George  Fisk, 
of  Boston,  in  the  county  o.',  Suffolk,  shall  be  allowed  to  take 
the  name  of  George  Boyle  Fisk  ;  that  Samuel  Ford,  of  Boston, 
in  the  county  of  Suffolk,  shall  be  allowed  to  take  the  name  of 
Samuel  Bass  Ford  ;  that  William  Hall,  of  Boston  ;  in  the  coun- 
ty of  Suffolk,  shall  be  allowed  to  take  the  name  of  William 
Chauncy  Hall;  that  Abraham  Howe,  of  Boston,  in  the  county 
of  Sufiblk,  shall  be  allowed  to  take  the  name  of  Abraham  Fay 
Howe ;  that  Rufus  Lincoln,  of  Boston,  in  the  county  of  Suf- 
folk, shall  be  allowed  to  take  the  name  of  Rufus  Warren  Lin- 
coln ;  that  Thomas  Hibbert  Smith,  of  Salem,  son  of  Isaac 
Smith  of  Rowley,  in  the  county  of  Essex,  shall  be  allowed  to 
take  the  name  of  Lorain  W.  Smith  ;  that  Mussey  Southwick, 
of  Uxbridge,  in  the  county  of  Worcester,  shall  be  allowed  to 
take  the  name  of  Thomas  Mussey  Southwick;  that  John -Ste- 
phens, of  Boston,  in  the  county  of  Suffolk,  shall  be  allowed 
to  take  the  name  of  John  Hathaway  Stephens ;  that  William 
Barry  Turell,  of  Salem,  in  the  county  of  Essex,  shall  be  al- 
lowed to  take  the  name  of  Charles  Turell ;  that  Sarah  Morton, 
of  Dorchester,  in  the  county  of  Norfolk,  shall  be  allowed  to 
take  the  name  of  Sarah  Wentworth  Morton ;  and  the  said  per- 
sons shall,  from  and  after  the  passing  of  this  act,  be  known  and 
called  by  the  names  which  they  are  respectively  allowed  to 
take  as  aforesaid,  and  the  same  shall  be  considered  as  their 
only  proper  names.     [March  6,  ISIO.] 

An  Act   in  addition  to   an  Act,  entitled  "  An  act  establishing  a  Corporation  by  Chan    1 1  '5 
the  name  of  The  Proprietors  of  The  Union  Wharf,"  in  Salem,  in  the  county  of  ■•  *  * 

Essex.  1807  oh.  108. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same^  That 
Edward  Allen,  Ebenezer  Putnam,  and  Benjamin  Pickman, 
Esq.  be,  and  they  or  any  two  of  them,  are  hereby  authori- 
zed to  call  a  meeting  of  the  said  proprietors,  giving  seven 
days  notice  thereof,  in  the  Newspapers,  printed  in  Salem  afore- 
said, at  which  meeting  the  said  proprietors  may  determine  upon 
a  mode  of  calling  future  meetings,  may  choose  their  officers, 
and  do  any  other  act  or  thing,  which,  according  to  the  true  in- 
tent and  meaning  of  their  act  of  incorporation,  they  could  do 
at  any  legal  meeting  of  the  members  thereof.  [March  6, 
1810.] 

An   Act   to  establish  a   Corporation,  by  the   name  of  The  Woburn  Turnpike  CUf^n    1 1  a 
Road,  and  Dracut  Bridge  Corporation.  ^nap»  1 117. 

Sect.  1.    BE  it  enacted  by  th&  Smaic  and  House  of  Representa- 


288  1809. Chap.  1 1 9. 

tives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Joseph  B.  Varnum,  Jeremiah  Clapp,  Josiah  Browrt, 
Persons  incor-  Benjamin    F.    Baldwin,    Simon    Coburn,  Benjamin   Kittridge, 
porated.  Samuel  Bailey,  Noah  Hunt,  William  Hardy,  Zachariah  Hardy, 

John  Bell,  Jonathan  Tidd,  Jonathan  Tidd,  jun.  Samuel  Thomp- 
son, Zebediah  Wyman,  James  V.  Hildreth,  Caleb  Blanchard, 
Samuel  Nichols,  Benjamin  Stevens,  Jacob  CobuVn,  David 
Jones,  David  Jones,  jun.  Isaac  Barker,  Nathaniel  Hardy,  Sam- 
uel Hardy,  Benjamin  Coburn,  Abijah  Thompson,  Abijah 
Thompson,  jun»  Wyman  Weston,  Samuel  Richardson,  Isaac 
Richardson,  John  Wade,  Jesse  Wyman,  Benjamin  Foster,  Eli- 
phalel  Farmer,  Jacob  B.  Varnum,'Daniel  Varnum,  Peter  Har- 
ris, Thadeus  Richardson,  William  Hall,  Moses  Whiting;,  George 
W.  Reed,  Nathaniel  Davis,  Benjamin  Thompson,  Benjamin 
Wyman,  John  Edgell,  jun.  Jonathan  Thompson,  John  Flagg, 
jun.  John  Kennedy,  Benjamin  Coolidge,  Jesse  Richardson,  4tb, 
Charles  Thompson,  Jacob  Coggin,  John  Eames,  jun.  and  James 
F.  Baldwin,  together  with  such  persons  as  may  hereafter  as- 
sociate with  them,  and  their  successors  or  assigns,  be,  and 
they  hereby  are  constituted  a  body  politic  and  corporate  by 
the  name  of  the  Woburn  Turnpike  Road  and  Dracut  Bridge 
Corporation,  for  the  purpose  of  making  a  Turnpike  road,  be- 
ginning at  the  county  road  a  little  east  of  the  house  of  the 
late  William  Nichols,  of  Woburn,  deceased,  from  thence  as 
near  a  straight  line  as  the  nature  of  the  ground  and  circum- 
stances will  admit,  thro'  the  north  part  of  Woburn,  Wilming- 
ton, Tewksbury,  and  northwest  corner  of  Andover,  to  Merri- 
mack River,  at  Varnum's  Falls,  so  called,  crossing  said  river 
by  a  bridge,  to  be  erected  as  herein  after  enacted,  from  thence 
passing  in  the  town  of  Dracut  to  land  lately  belonging  to 
George  Burns,  deceased,  or  land  of  John  Gilcreast,  and  so  on 
over  the  land  of  the  said  Burns  and  Gilcreast  in  the  most  con- 
venient and  practicable  route,  between  the  said  Falls,  to  the 
line  of  the  state  of  New-Hampshire ;  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, 
1804  ch.  125.  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. 
Corporation  Sect.  2.     Be  it  further  enacted.  That  the   aforesaid  propri- 

empowered  to  etors  be,  and  they  hereby  are  authorized  and  empowered  to 
*uiid  a  Bridge.  gj.g(,j  ^  Bridge  over  Merrimack  River,  at  Varnum's  Falls  afore- 
said, which  bridge  shall  be  well  built  with  suitable  materials, 
at  least  twenty-two  feet  wide,  and  well  covered  with  plank, 
with  sufficient  rails  on  each  side,  and  boarded  up  sixteen  inches 
high  from  the  floor  of  said  bridge,  and  that  there  be  an  arch  or 
arches  sufficiently  wide  for  the  passage  of  rafts,  the  widest  of 
which  arches  shall  be  laid  over  the  channel  of  the  river,  and 
shall  not  be  less  than  one  hundred  and  ten  feet  wide. 
Rates  of  Toll.  Sect.  3.  Be  it  further  enacted,  That  for  the  purpose  of 
reimbursing  the  said  proprietors  the  money  by  them  to  be  ex- 
pended in  building  and  supporting  said  bridge,  a  toll  be,  and 


1809. -Chap.  119*  289 

hereby  is  granted  and  established  for  the  sole  use  and  benefit 
of  said  proprietors,  according  to  the  rates  following,  viz.  for 
each  foot  passenger  two  cents;  for  each  horse  and  one  rider 
five  cents,   and   for  each  additional  rider  on   one   horse   two 
cents  ;  for  each  horse  and  chaise,  chair  or  sulkey,  seventeen 
cents  ;  for  each    phaeton,  coach  or  chariot  drawn  by  two  hor- 
ses, thirty-two  cents,  and  if  drawn  by  more  than  two  horses, 
two  cents  for  each  additional  horse  ;  for  each  sleigh,  cart,  sled, 
or  other  carriage  drawn  by  one   beast,  ten  cents;  for  each 
waggon,  cart,  sled,  or  other  carriage  of  burthen,  drawn    by 
two  beasts,  and  not  exceeding  four  beasts,  twenty  cents ;  for  each 
additional  beast  above  four,    four   cents;  for   each    curricle, 
twenty  cents  ;  for  each  horse  or  neat  cattle,  exclusive  of  those 
rode  on  or  in  carriages,  four  cents  ;  for  each  sheep  or  swine, 
one  cent  and   five    mills ;  for  each   team,    one  person  and  no 
more  shall  be  allowed  to  pass  as  a  driver  free  of  toll ;  for 
each  wheel-barrow  or  hand-cart  with  one  person,  four  cents ; 
— and  at  all  times  when  the  toll-gatherer  shall  not  attend  to  his 
duty,  the  gate  or  gates  shall  be  left  open.     Provided  neverthe- 
less, That  after  the  expiration  of  twenty  years  from  the   pas- 
sing of  this  act,  the  rates  of  toll  of  said  bridge,  shall  be   sub- 
jected to  the  regulation  of  the   Legislature  of  this  Common^ 
wealth. 

Sect.  4.     Be  it  further  enacted,  That  if  the  said  corpora-'  Time  limited. 
tion  shall  refuse  or  neglect  for  the  time  of  five  years  to  build 
and  complete  said  bridge,  then  this  act,  so  far  as  respects  the 
building  of  said  bridge,  shall  be  null  and   void. 

Sect.  5.     Be  it  further   enacted,  That  the   said  corporation  corporation 
shall  not  take,  use  or  appropriate   any  lands  for  the   purpose  may  not  take 
of  makinff  said  road,  until  the  damages  that  may  be  sustained  'f"*^^'  ""^*' 
th-.reby,  shall  be  estimated  by  a  committee  as  the  law  provides,  ate  paid. 
and  shall  be  paid  or  tendered  to  the  owners  of  such  lands,  or 
otherwise  compromised   or  satisfied  for,   any  law  to  the  con- 
trary notwithstanding. 

Sec.  6»  Be  it  further  enacted,  That  Jeremiah  Clap,  Esq.  be, 
and  he  is  hereby  authorized  and  directed  to  notify  and  warn  a 
meeting  of  said  proprietors,  to  be  holden  some  time  in  the  month 
of  May  or  June  next,  at  such  place  as  he  may  appoint,  for 
the  purpose  of  choosing  a  president,  clerk,  directors  and  trea- 
surer, and  to  transact  any  other  business  relative  to  the  affairs  of 
said  corporation,  by  publishing  notifications  thereof,  in  one  or 
more  of  the  public  newspapers  printed  in  Boston. 

Sect.  7.  Be  it  further  enacted,  That  all  necessary  powers  Powers  an4 
and  privileges  incident  to,  and  lawfully  exercised  by,  other  P"^'"^s^^" 
corporations,  for  building  toll  bridges,  and  not  specially  pro- 
vided for  in  this  act,  shall  be  held  and  exercised  by  this  cor- 
poration. Provided,  That  the  proprietors  Oi  said  corporation, 
and  their  estates,  shall  be  jointly  and  severally  holden  to  ful- 
fil all  the  contracts  of  said  corporation,  made  whilst  they  were 
proprietors  as  aforesaid.  [March^,  1810.]  Add.  acts — 1814 
ch.  180:  1817  ch.  154. 

VOL.  IV.  37 


290 


1809. 


Chap.  122. 


Chap,  122. 


An  Act  establishing  a  corporation  by  the  name  of  the  Lynn  Mineral  Spring  Cor- 
poration. 

Sect.  1 .  BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  samt^ 
Persons  incor-  That  Joseph  Osgood,  John  Page,  Samuel  Gardner  Derby,  Jo- 
porated,  ^^^j^  Sprague,  Ebenezer  Secomb,  Michael  Webb,  Samuel  Good- 

ridge,  David  Low,  and  Seth  Low,  and  all  such  persons  as  may 
hereafter  associate  with  them,  their  successors  and  assigns,  be- 
ing citizens  of  the  United  States,  shall  be  and  they  hereby  are 
constituted  a  body  politic  and  corporate,  by  the  name  of  the 
Lynn  Mineral  Spring  Corporation;  and  by  that  name  they  may 
sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be  de- 
fended, in  any  courts  of  record,  or  in  any  place  whatsoever, 
and  shall  and  may  do  and  suffer  all  matters  acts  and  things 
which  bodies  politic  ought  to  do  and  suffer,  and  shall  have  pow- 
er to  make,  have,  and  use  a  common  seal,  and  the  same  again 
at  pleasure  to  break,  alter  and  renew,  and  also  to  ordain,  esta- 
blish, and  put  in  execution  such  by-laws,  ordinances  and  regu- 
lations as  to  them  shall  appear  necessary  and  convenient  for 
the  government  of  said  corporation,  and  for  the  prudent  man- 
agement of  their  property  and  affairs,  and  for  the  breach  of 
such  by-laws,  ordinances  and  regulations,  may  order  fines  and 
penalties  not  exceeding  ten  dollars,  for  each  breach :  Provided. 
that  such  by-laws,  ordinances  and  regulations  shall  not  be  re- 
pugnant to  the  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation  shall 
be,  and  hereby  is  declared  capable  to  have,  hold,  and  possess 
any  lands,  tenements  or  hereduaments  near  and  adjoining  to 
the  mineral  spring  (so  called)  in  Lynn,  not  exceeding  twenty 
thousand  dollars  in  value,  and  personal  estate  not  exceeding 
two  thousand  dollars  in  value ;  and  shall  have  power  to  erect 
any  buildings  upon  said  land  owned  by  them,  and  shall  have 
power  to  grant,  sell  and  alien  in  fee  simple,  or  otherwise,  the 
corporate  property,  or  any  part  thereof,  and  to  lease,  exchange, 
manage  and  improve  the  same,  according  to  the  will  and  plea- 
sure of  the  proprietors,  or  the  major  part  of  them  present  at 
any  legal  meeting,  to  be  expressed  by  their  votes  ;  and  the 
rents,  and  profits,  and  receipts  which  may  accrue  from  the  im- 
provements, leasing  or  other  management  of  the  corporate  pro- 
perty, may  and  shall  once  at  least  in  every  year,  be  divided 
among  the  proprietors  according  to  their  respective  shares. 

Sect.  3.  Be^  it  further  enacted.  That  the  said  proprietors  may, 
at  any  legaf  meeting,  agree  upon  the  number  of  shares  into 
which  said  estate  shall  be  divided,  not  exceeding  forty,  and 
upon  the  form  of  certificates  to  be  given  to  individuals  of  the 
number  of  shares,  by  them  respectively  held,  and  upon  the 
mode  and  conditions  of  transferring  the  same,  which  shares 
shall  be  held  and  considered  as  personal  estate  to  all  intents 
and  purposes  whatsoever  ;  the  said  proprietors  shall  also  have 
power  to  assess  upon  each  share  such  sums  of  money  as  may 
he  deemed  necessary  for  purchasing  said  real  or  personal  es- 
tate, and  for  erecting  and  repairing  any  walls  and  buildings  on 
any  part  of  their  said  real  estate,  and  for  laying  out  roads  from 


To  hold  real 
estate. 


Estate  to  be 
divided  into 
shares. 


1809. Chap.  122.  291 

said  estate,  and  generally  for  the  improvement  and  good  man- 
agement of  their  said  estate,  agreeable  to  the  true  intent  of  this 
Act,  and  to  sell  and  dispose  of  the  same  or  of  the  shares  of  any 
delinquent  proprietor  for  the  payment  of  assessments,  in  such 
way  and  manner  as  said  corporation  may  by  their  rules  and 
regulations  determine  and  agree  upon. 

Sect.  4.  Be  it  further  enacted,  That  the  property  of  every  in-  Liable  to  at- 
dividual  member  of  said  corporation,  vested  in  said  corporate  *^<^^'"^"^" 
fund  or  estate,  shall  be  liable  to  attachment,  and  to  the  pay- 
ment of  his  just  debts  in  manner  prescribed  by  an  Act,  entitled 
"  An  Act  directing  the  mode  of  attachment  on  mesne  process, 
and  selling  by  execution  shares  of  debtors  in  incorporated  com- 
panies," passed  the  eighth  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  five. 

Sect.  5.  Be  it  further  enacted,  That  Joseph  Osgood,  John  Meetings. 
Page,  or  Samuel  Gardner  Derby,  or  either  of  them,  may  call 
the  first  meeting,  by  giving  personal  notice  of  such  meeting  to 
each  of  the  members  of  said  corporation,  at  least  three  days 
before  such  meeting,  and  at  that  or  any  other  meeting,  the  pro- 
prietors may  elect  a  moderator,  president,  treasurer,  clerk,  se- 
cretary, or  other  officers,  and  for  such  term  of  time,  not  ex- 
ceeding one  year,  as  they  may  judge  fit,  and  the  same  at  plea- 
sure change  and  remove  ;  and  in  the  choice  of  officers,  or  any 
other  occasion,  when  it  shall  be  required  by  a  majority  in  va- 
lue of  the  members  present,  the  votes  shall  be  given  by  shares, 
allowing  one  vote  to  each  share  ;  Provided  only,  that  no  mem- 
ber shall  have  more  votes  than  one  quarter  part  of  the  whole 
number  of  shares. 

Sect.  6.  Be  it  further  enacted,  That  nothing  herein  contain-  No  land  to  be 
ed,  shall  be  deemed  or  construed   to  give  to  said   proprietors  J,^fe"/'^ithout 
any  right  or  authority,  to  take  or  appropriate  to  their  use   the  a  legal  con- 
land,  ri»ht  or  privilege  of  any  person  or  persons,  without  his  or  veyance. 
their  consent,  and  by  a  legal  conveyance  thereof  from  such  per- 
son or  persons  to  the  said  corporation. 

Sect.  7.  Be  it  further  enacted,  That  the  legislature  shall  have  This  act  may 
power  at  any  time,  to  alter,  amend,  or  repeal  this  Act :  Provi-  J'^pe^je"'^^'^ '" 
ded  hoTcever,  that  upon  such  repeal,  all  real  estate  then  belong- 
ing to  said  corporation,  shall  be  vested  in  such  persons  as  may 
then  be  members  thereof,  and  their  respective  heirs  and  assigns 
as  tenants  in  common,  in  proportion  and  according  to  the  num- 
ber of  shares  which  they  may  hold  :  And  provided  further,  that 
the  said  proprietors,  notwithstanding  such  repeal  by  the  legis- 
lature, shall  have  power  in  their  corporate  name  and  capacity- 
aforesaid,  to  sue  for,  recover,  and  divide  all  such  sums  and 
debts  which  may  then  be  thereto  due  and  unpaid,  and  shall  be 
liable  to  the  payment  of  all  debts  due  from  the  same  copora- 
tion,  and  to  any  suit  proper  to  recover  the  same. 

Sect.  8.  Be  it  further  enacted.  That    in    any    action    to  be 
brought  or  in  any  judgment  to  be  rendered  against  said  corpo-  f."']^jg''J"^j';. 
ration,  the  plaintiff  not  being  able  to  find  sufficient  property  of  tadim^nr, 
the  corporation  to  attach  on  mesne  process,  or  whereon  to  levy 
his  execution,  shall  have  the  right  of  attaching,  or  laying  his 
execution,  on  any  of  the  property  of  the  individual  members  of 


292  1809. Chap.   122-— 126. 

the  corporation  in  the  same  manner  as  if  the  action  had  been 
brought  and  the  judgment  rendered  against  them  in  their  ordi- 
nary capacities. 
-,     t  f  r  Sect.  9.  Be  it  further  enacted,  That  the  justices  of  the  Court 

mon  Pleas  au-  of  Common  Pleas,  for  the  county  of  Essex,  are  hereby  autho- 
thorized  to  lay  rized  on  application  from  said  corporation  to  lay  out  a  private 
outaroa  .  j.^^^^  from  the  said  real  estate  of  said  corporation  in  Lynn,  to 
the  Salem  Turnpike  road,  and  also  from  said  estate  to  the  coun- 
ty road  leading  from  Danvers  and  Lynn  ;  and  the  said  corpo- 
ration shall  be  holden  to  pay  all  damages  which  may  happen 
to  any  person  by  taking  his  land  for  such  roads  where  it  can- 
not be  obtained  by  voluntary  agreement,  to  be  estimated  by  a 
committee  appointed  by  the  Court  of  Common  Pleas  for  the 
county  of  Essex,  saving  to  either  party  a  right  to  trial  by  jury, 
according  to  the  law,  which  makes  provision  for  the  recovery 
of  damages  happening  by  laying  out  public  highways  :  Provi- 
ded however,  that  the  towns  of  Lynn,  Salem  and  Danvers,  shall 
not  be  holden  to  repair  or  make  said  road,  and  also  that  said 
corporation  may  at  any  time  discontinue  either  of  said  roads. 
[March  6,  1810.] 

KAiap,  1  ^4.  An  Act  in  addition  to  an  Act,  entitled  "  An  Act  to  establish  a  corporation  by  the 
1803  ch.  93.  name  of  the  Union  Turnpike  Corporation." 

ifios  ch  17.  ^^  *^  enacted  by  the  Senate  and  House  of  Representatives,  in  Gen- 

(V.  3.  p.  614.)  eral  Court  assembled,  and  by  the  authority  of  the  same,  That  afur- 
1803  ch.  30.  |.jjgj.  fjjjjg  Qj-  ^Q^j.  jQ^YS,  from  and  after  the  second  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eight, 
be,  and  hereby  is  allowed  to  the  said  corporation  to  complete 
their  said  turnpike  road.  [March  6,  1810.]  Further  acts — 
1818  ch.  82:   1819  ch.  80. 

Xj/hapt  126,    An  Act  providing  for  the  appointment  of  commissioners  for  the  settlement  of  the 
accounts  of  the  agent  and  managers  of  the  Amoskeag  Lottery 

BE  it  enacted  by  the  Senate  and  House   of  Representatives,   in 

General  Court  assembled,   and  by  the   authority  of  the  same,  That 

Commissioners  j^hn  Winslow,  Jonathan   Hunnewell,  and  Benjamin  Weld,  Es- 

appointed  to  .  ,  ,     ,  ,  ,  .'        ,  "  "^  ,     .  '      , 

settle  the  ac-  Cjuires,  be  and  they  are  hereby  appointed  commissioners  to  ad- 
counts  of  the  just  and  settle  the  accounts  of  the  managers  of  Amoskeag  Lot- 
^moskeasLot-  ''^^^'  ^"^  °^  ^^^  agent  appointed  to  expend  the  monies  raised 
tery.  thereby,   and   to   allow   them,  severally,  such  commission  and 

compensation  as  shall  be  equitable  and  proper :  Provided,  that 
said  managers  and  agent  shall  pay  all  the  expenses  arising  un- 
der said  commission,  in  such  proportions  as  said  commissioners 
shall  deem  and  decide  to  be  equitable  asid  proper. 

Sect.  2.  Be  it  furiher  enacted,  That  the  Attorney  and  Solici- 
tor General,  or  either  of  them,  in  case  either  or  all  the  commis- 
sioners herein  appointed  should  decline  the  duties  prescribed 
by  this  Act,  be  and  they  are  hereby  authorized  and  empower- 
ed to  appoint  a  commissioner  or  commissioners  who  shall  be 
authorized  to  settle  the  said  accounts  in  the  same  manner  as 
the  commissioners  appointed  by  the  first  section  of  this  Act 
might  do. 

Sect.  3.  Be  it  further  enacted,  That  said  commissioners  shall 
certify  to  the  Attorney  or  Solicitor  General,  and  to  said  manat 


1809. Chap.  126—129.  293 

gers  and  agent  what  shall  be  due  from  them  as  managers  and 
agent  of  said  lottery,  within  four  months  from  the  passing  of 
this  Act ;  and  in  case  said  managers  and  agents  shall  not  with- 
in ninety  days  after  receiving  said  certificate  of  the  balance 
due  from  them,  pay  the  same  to  the  treasurer  of  this  Common- 
wealth, the  Attorney  or  Solicitor  General  are  directed  to  sue 
the  bonds  of  such  agent,  manager  or  managers.  [March  6, 
1810.]  _____ 

An  Act  in  addition  to  an  Act  to  establish  the  Middlesex  Turnpike  Corporation.     Chap.  1  29. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa-  JJ^^*'  ^|jj . 
tives^  in  General  Court  assembled,  and  by  the  authority  of  the  same,  ^  '   '   ' 
That  the  Middlesex  Turnpike  Corporation  be  allowed  the  fur-  Corporation 
ther  time  of  two  years  from  the  fifteenth  day  of  June  next,   to  t^"e7tfme^o^"'" 
complete  their  road  from  Biscuit  bridge   in   Tyngsborough,   to  complete  their 
Cambridge  Port,  and  when  the  same  shall  be  finished,  allowed,  road, 
and  approved,  as  the  law  prescribes,  the  said  corporation,  may 
erect  toll  gates  at   such   places  and   distances  as  the   Court   of 
Common  Pleas  may  deem  necessary  :    Provided,  the  toll  be  so 
apportioned  or  subdivided,  that  no  greater  rate  of  toll  be  taken 
for  any  ten  miles,  than  is  allowed  by  law.     And  said  corpora- 
tion are  hereby  allowed  the  further  time  of  three  years,   from 
the  fifteenth  day  of  June  next,  to  make  and  complete  that  branch 
of  said  turnpike,  which  extends  from  a  point  in  Bedford  to 
Medford  village. 

Sect.  2.  And  whereas  the  said  corporation  have  laid  out 
their  road  from  where  it  intersects  the  old  road,  below  the  house 
of  Joseph  Harrington,  in  Lexington,  in  the  shortest  practicable 
rout,  to  a  point  in  the  great  road  leading  from  Lexington  to 
West  Cambridge  meeting  house,  near  the  corner  of  John  Frost's 
blacksmith's  shop  in  said  West  Cambridge,  by  which  many  in- 
habitants of  said  town  are  aggrieved. 

Be  it  further  enacted,  That  said  turnpike  road  from  the  said  J^J'JIJ'^y/^gJ'* 
point  in  Lexington,  shall  be  laid  out  and  made  in  the  nearest  '^ 
practicable  route  to  a  point  in  the  great  road  aforesaid  near  the 
foot  of  the  rocks,  so  called,  between  the  houses  of  Benjamin 
Lock  and  Aaron  Cudcr,  and  in  no  other  direction  :  Provided^ 
that  if  the  inhabitants  of  said  West  Cambridge  shall  not  make 
and  complete  the  last  mentioned  piece  of  road  by  the  first  day 
of  August  next,  for  the  use  and  benefit  of  said  corporation,  and 
to  the  satisfaction  of  the  directors  of  said  corporation,  or  a  com- 
mittee of  the  Court  of  Common  Pleas,  said  directors  to  be  no- 
tified by  the  first  day  of  June  next  of  the  intention  of  said  in- 
habitants to  make  said  road  ;  and  also  if  said  inhabitants  shall 
pot  before  the  said  first  day  of  August  procure  a  discharge  of 
all  claims  for  damages  existing  against  said  corporation,  or  oth- 
er persons,  and  arising  from  said  road  having  been  laid  out 
from  said  point  in  Lexington  to  said  Frost's  blacksmith's  shop, 
as  above  recited,  and  also  such  damages  as  may  be  estimated 
for  the  land  taken  for  the  piece  of  road  to  be  by  them  made  as 
aforesaid,  then  the  road  already  laid  out  as  above  recited,_shall 
and  may  be  the  course  of  the  turnpike  road,  and  maybe  open- 
,ed  and  made  in  the  manner  prescribed  by  law. 


294 


1810.- 


Chap.  1—3. 


Road  may  be 
extended. 


Chap.  1. 

See  1809  ch. 
29. 


Chap.  2. 

1808  ch.  34. 


Time  length- 
ened to  pay 
instalments. 


Sect.  3.  Be  it  further  enacted^  That  the  right  to  e?ttend  said 
turnpike  road  from  Biscuit  bridge  in  Tyngsborough,  as  nearly 
as  may  be,  in  its  present  direction,  to  the  line  of  the  State  of 
New-Hampshire,  so  as  to  meet  any  turnpike  which  may  be 
laid  out  in  that  State  in  the  same  direction,  is  hereby  granted  to 
said  Middlesex  Turnpike  Corporation,  with  all  the  privileges 
and  immunities,  and  subject  to  all  the  duties  and  conditions 
provided  by  law. 

Sect.  4.  Be  it  further  enacted,  That  this  Act  shall  have  no 
force  or  effect,  unless  the  said  corporation  shall  cause  the  dam- 
ages, done  to  individuals  by  reason  of  their  lands  having  been 
taken  by  the  whole  course  of  said  road,  to  be  ascertained 
by  a  committee  in  manner  prescribed  by  law,  and  shall  pay  or 
tender  the  same  to  the  persons  to  whom  the  same  shall  be 
awarded.  [March  6,  IBIO.]  Add  acts— 1810  ch.  120  :  1811 
ch.  28:   1819  ch.  62. 


An  Act  to  change  the  name  of  Loudon  in  the  county  of  Berkshire. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  name  of  the  said  town  of  Loudon  shall  cease,  and  the  said 
town  shall  hereafter  be  called  and  known  by  the  name  of  Otis, 
any  law  to  the  contrary  notwithstanding.     [June  13,  1810.] 

An  Act  to  amend  an  Act,  entitled,  "  An  Act  to  establish  the  lines  of  jurisdiction 
between  the  Towns  of  Blanford  and  Chester  in  the  county  of  Hampshire." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  line  of  jurisdiction  between  the  towns  of  Blanford  and  Ches- 
ter in  future  shall  be  as  follows,  viz.  Beginning  at  a  large  heap 
of  stones  with  trees  marked,  facing  towards  them,  said  heap  of 
stones  is  east  seventeen  degrees  and  thirty-six  minutes  south, 
forty-two  rods,  distant  from  a  beech  tree  in  the  line  between 
Blanford  and  Becket,  marked  with  various  ancient  marks, 
which  heap  of  stones  is  the  corner  of  the  town  of  Chester,  and 
on  the  line  of  Blanford,  thence  from  the  said  heap  of  stones 
easferly  about  two  thousand  and  seventeen  rods,  to  the  east 
side  of  Westfield  river,  in  a  straight  line  from  said  heap  of 
stones  to  rockhouse  corner,  (so  called)  any  thing  in  the  Act, 
entitled,  "  An  Act  to  establish  the  line  of  jurisdiction  between 
the  towns  of  Blanford  and  Chester  in  the  county  of  Hampshire," 
to  the  contrary  notwithstanding.     [June  13,  1810.] 

An  Act  in  addition  to  an  Art,  entitled,  "An  Act  to  incorporate  Nicholas  Thorn- 
dike  and  others  into  a  company,  by  the  name  of  The  Beverly  Marine  Insurance 
Company." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  further  term  of  one  year  from  and  after  the  twenty-third 
day  of  August  next,  be  allowed  to  the  Stockholders  in  the  Be- 
verly Marine  Insurance  Company,  named  in  the  Act  to  which 
this  Act  is  in  addition,  to  pay  in  the  residue,  being  the  last 
moiety  of  their  instalments,  and  amounting  in  all  to  fifty  dollars 
on  a  share  in  the  capital  stock  of  fhe  said  company.  And  that 
the  said  residue  shall  be  paid  in  at  such  times  and  in  such  pro- 


1810. Chap.  3—7.  295 

portions  within  the  period  aforesaid,  as  the  directors  of  the  (^"J^»" 
said  company  shall  order  or  appoint,  any  thing  in  the  Act  to  ^^J^,  ^j^  3^ 
which  this  Act  is  in  addition  to  the  contrary  notwithstanding.  I813  ch.  1. 
Provided  however,  That  nothing  in  this  Act  shall  be  construed  's^^  ch.  54.) 
to  exonerate  or  discharge  the  estates  of  the  said  stockholders  Proviso. 
from  being  liable  in  the  manner  and  for  the  purposes  mention- 
ed in  the  tenth  section  of  the  said  Act,  in  addition  to  which  this 
Act  is  made.     [June  13,    1810.]     Further   acts— 1811  ch.  3: 
1813  ch.  1  :   1816  ch.  54:   1821  ch.  36. 

Ad  Act  to  set  off  Samuel  Spotford,   with  his  dwelling  house,   and  adjoining  land,    Chap.  6. 
from  the  Second  or  West  Parish  in  Rowley,  to  the  Second  or  West  Parish  in  Box- 
ford. 

BE  it  enacted  by   the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  Samuel  Spof- 
Samuel  SpofFord,  with  that  part  of  his  dwelling  house  situate  in  fo^d  ^nd^"-^^ 
the  Second  or  West  Parish  in  Rowley,  and  his  land  within  the  annexed°to.*" 
following  lines,  viz.  Beginning  at  a  stake  and  stones  on  the 
line  between  Rowley  and  Boxford,  from  thence  running  south 
thirty-four  degrees  east,  eighteen  rods  and  fifteen  links,  thence 
south  nineteen  degrees  east,  nineteen  rods  and  nineteen  links, 
thence   south   five  degrees  west,  two  rods   and   twelve   links, 
thence  south  forty  degrees  and  one  half  east,  five  rods  and 
eighteen  links,  thence  south  two  degrees  and  one  half  east, 
sixteen  rods  and  six  links,  thence  south  ten  degrees  east,  five 
rods  and   six  links,  thence  north  eighty-one  and  one  half  de- 
grees west  fifteen  rods  to  the  aforesaid  town  line,  be,  and  here- 
by are  annexed  to  the  Second  or  West  Parish  of  Boxford  in  p^^^jg^ 
the  county  of  Essex.     Provided,  That  the  said  Samuel  Spof- 
ford  be  held  to  pay  all  the  taxes  that  have  been  lawfully  asses- 
sed thereon  by  the  Second  or  West  Parish  in  Rowley.     [June 
13,  1810.] 

An  Act  to  amend  an  Act,  entitled,    "  An  Act  to  incorporate  a  part  of  the  Towns    Chap,  7. 
of  Boylston,  Holden,   and  Sterling,  into  a  separate  Town,  by  the  name  of  West    jgQ^  ^j,^  4g_ 
Boylston." 

WHEREAS,  by  the  provisions  of  the  third  section  of  the  Act  preamble, 
aforesaid,  sundry  duties  are  enjoined  upon  the  inhabitants  of 
that  part  of  the  town  of  Sterling,  which  by  the  said  Act  is  made 
part  of  the  town  of  West  Boylston,  in  case  of  their  neglecting 
to  comply  with  such  duties,  no  action  can  be  brought  against 
said  inhabitants  as  a  body  corporate.     Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
in  case  of  a  neglect  by  said  inhabitants  to  fulfil  or  perform  any  Action  main- 
of  the  duties  or  provisions  of  the  third  section  of  the  said  Act,  tained  in  case 
an  action  at  law  may  be  maintained  by  or  against  the  inhabi-  °^  "^S^^ct, 
tants  of  West  Boylston,  in  their  corporate  capacity,  in  the  same 
manner,  as  though  the  said  duties  had   by  said  Act  been  en- 
joined upon  the  whole  of  the  inhabitants  of  that  town,  instead 
of  that  part  of  them  only,  which  formerly  belonged  to  Sterling, 
any  thing  in  said  Act  to  the  contrary  notwithstanding.     [Jum 
13,  18100 


29$ 


1810. 


Chap.  8— tO. 


Chap.  8. 


N^mes  of  per- 
jsTo^s  altered. 


Chap.  9. 


Persons  iiicor- 
norated. 


(1808  ch.  65.) 

Possession  of 
property  al- 
lowed. 


Chap.  10. 


Persons  incor- 
porated. 


An  Act  to  alter  the  Names  of  the  several  persons  therein  mentioned. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  this  Act,  Nathaniel  Child,  of  Garde- 
ner, in  the  county  of  Worcester,  shall  be  allowed  to  take  the 
name  of  Nathaniel  Parks  Child,  that  Samuel  Stevens,  jun.  of 
Newburyport,  in  the  county  of  Essex,  shall  be  allowed  to  take 
the  name  of  Samuel  Bingham  Stevens,  that  Federal  Brownell, 
of  Westport,  in  the  county  of  Bristol,  shall  be  allowed  to  take 
the  name  of  Frederick  Brownell.  that  Benjamin  Crowninshield 
of  Salem,  in  the  county  of  Essex,  shall  be  allowed  to  take  the 
name  of  Benjamin  Williams  Crowninshield,  that  Abraham 
Priest,  of  Boston,  in  the  county  of  Suffolk,  shall  be  allowed  to 
take  the  name  of  Abraham  Priest  Gibson,  that  Pepper  Mixer, 
of  Dedham,  in  the  county  of  Norfolk,  shall  be  allowed  to  take 
the  name  of  Charles  Mixer,  and  each  of  the  persons  before 
named,  shall  be  severally  allowed  to  assume  the  said  names 
respectively,  and  they  shall  in  future  be  called  and  known  by 
the  said  names,  and  the  same  names  shall  hereafter  be  consi- 
dered as  their  only  proper  names  to  all  intents  and  purposes. 
[June  13,  1810.] 

An  Act  to  incorporate  Thomas  Shepherd  and  others,  by  the  name  of  The  North- 
ampton Cotton  and  Woollen  Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Thomas  Shepherd,  John  Shepherd,  James  Shep- 
herd, 2d,  and  Charles  Shepherd,  with  such  others  as  already 
have  or  hereafter  may  associate  with  them,  their  successors, 
be,  and  hereby  are  made  a  corporation  by  the  name  of  The 
Northampton  Cotton  and  Woollen  Manufacturing  Company, 
for  the  puspose  of  manufacturing  cotton  and  woollen,  in  the 
town  of  Northampton,  and  for  that  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements contained  in  an  Act  passed  the  third  day  of  March 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  nine, 
entitled,  "•  An  Act  defining  the  general  powers  and  duties  of 
Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate,  not 
exceeding  the  value  of  twenty-five  thousand  dollars,  and  such 
personal  estate,  not  exceeding  the  value  of  seventy-five  thou- 
sand dollars,  as  may  be  necessary  and  convenient  for  carrying 
on  the  manufactory  of  cotton  and  woollen  in  the  said  town  of 
Northampton.     [June  13,  1810.] 

An  Act  to  incorporate  a  number  of  persons  in  the  Town  of  Orange,  by  the  name 
of  The  Orange  Cotton  Factory  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Ebenezer  Atwood,  Phineas  Battelle,  Otis  Butter- 
Worth,  Nathan  Cheney,  David  Cleaveland,  Benjamin  Dexter, 
Amasa  Eddy,  Abijah  Fisher,  Ezra  Hemenway,  Abijah  Hill, 
David  Legg,  Rufus  Meriam,  Joseph  Metcalf,  Saville  Metcalf,. 


1810. " Chap.  10—11.  297 

SaviHe  Metcalf,  jun.  Joseph  Putnam,  John  Robinson,  and  Ab- 
tier  Whitney,  together  with  such  others  as  may  hereafter  asso- 
ciate with  them  and  their  successors,  be,  and  they  are  hereby 
made  a  corporation  by  the  name  of  The  Orange  Cotton  Fac- 
tory Company,  for  the  purpose  of  manufacturing  cotton  in  the 
town  of  Orange  in  the  county  of  Hampshire,  and  for  this  pur- 
pose shall  have  all  the  powers  and  privileges,  and  shall  also  be 
subject  to  all  the  duties,  requirements  and  disabilities  prescrib- 
ed and  contained  in  an  Act,  entitled,  "An  Act  defining  the  ge-  1803  ch. 65. 
neral  powers  and  duties  of  Manufacturing  Corporations,"  pass- 
ed the  third  day  of  March,  eighteen  hundred  and  nine. 

Sect.  2.     Be  it  further  enacted.  That  the  said  corporation  in  possession  of 
their  corporate  capacity,  shall,  and  may  lawfully  hold  and  pos-  property  al- 
sess  real  estate   not  exceeding  twenty  thousand  dollars,  and    °^^^  ' 
personal  estate  not  exceeding  fifty  thousand  dollars,  as  maybe 
necessary  and  convenient  for  carrying  on  the  manufacture  of 
cotton  in  the  said  town  of  Orange.     [June  13,   1810.] 

An  Act  to  incorporate  a  number  of  the  inhabitants  of  the  Towns  of  Ashby  and    Cfi(in,  11, 
Fitchburg,  in  the  southwest  part  of  the  county  of  Middlesex,  and  the  north  part 
of  the  county  of  Worcester,  into  a  distinct  and   separate  Religious  Society,  by 
the  name  of  The  First  Baptist  Society  in  Ashby  and  Fitchburg. 

Sect.  1 .  BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  aiid  by  the  authority  of  the 
same,  That  Samuel  Gibson,  Samuel  Caswell,  Simeon  Shattuck,  persons  incor- 
Daniel  Rayond,  John  Pratt,  Solomon  Gibson,  Phinehas  Wet'  er-  porated. 
bee,  Warren  Chase,  Adam  Stone,  Joshua  Bowers,  Eli  Haines, 
Jacob  M'Intire,  Stephen  Gibson,  Jonathan  Daby,  Samuel  Gib- 
son, jun.  Stephen  Gibson,  Edmund  Flint,  Jonathan  Page,  Ed- 
ward Burnap,  Israel  Wetherbee,  Silas  Wetherbee,  the  widow 
Mary  Foster,  Abraham  Gibson,  Timothy  Gibson,  Abel  Gibson, 
Moses  Jewett,  Jacob  Puffer,  Joseph  Wetherbee,  Daniel  M'In- 
tire, Levi  Crouch,  Mirah  Shattuck,  Nathan  Badcock,  Charles 
Lawrence,  Daniel  Raymond,  jun.  Joel  Page,  the  widow  Sarah 
Davis,  and  Benjamin  Wallace,  members  of  the  said  religious 
society,  with  their  polls  and  estates,  be,  and  they  are  hereby 
incorporated  into  a  religious  society,  by  the  name  of  The  First 
Baptist  Society  in  Ashby  and  Fitchburg,  with  all  the  privileges, 
powers,  and  immunities  which  other  parishes  or  religious  so- 
cieties in  this  Commonwealth  are  by  law  entitled  to. 

Sect.  2.     And  be  it  further  enacted,   That   any   person   who  Persons  be- 
may  hereafter  join  with,  and   unite  in   religious  worship  with  coming  mem- 
the  said   Baptist  society,  and   give  in   his  or  her  name  to  the  ^^rs  to  obtaiij 
clerk  of  either  of  the   towns  or   parishes   to  which  he  or  she 
may  belong,  with  a  certificate  signed   by  the  minister  or  clerk 
of  the  said  Baptist  society,  that  he  or  she  hath  become  a  mem- 
ber of,  and  united  in  religious  worship  with  the  said  Baptist  so- 
ciety fourteen  days  previous  to  the  town  or  parish  meeting,  to 
be  holden  in  the  month  of  March  or  April  annually,  shall,  from 
and  after  giving  such  certificate  be  considered,  with  his  or  her 
polls  and  estate  as  belonging  to  said  Baptist  society.     Provided  Proviso. 
however.  That  all  such  persons  shall  pay  their  proportion  of  all 
monies  assessed  in  the  town  or  parish  to  which  they  belonged 
previous  to  that  time. 

voi.  IT.  38 


21)8  1810. Chap.  11— 13. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of 
said  Baptist  society  shall  see  cause,  or  be  inclined  to  leave 
said  society,  and  join  in  religious  worship  with  the  parish  to 
which  he  or  she  formerly  belonged,  and  shall  leave  a  certifi- 
cate with  the  clerk  of  said  Baptist  society  signed  by  the  minis- 
ter or  clerk  of  the  town  or  parish  where  such  person  formerly 
belonged,  that  he  or  she  actually  becomes  a  member  of,  and 
tinited  in  religious  worship  with  such  town  or  parish,  fourteen 
days  previous  to  their  annual  meeting,  holden  in  the  month  of 
March  or  April,  and  shall  pay  up  his  or  her  proportion  of  all 
monies  actually  assessed  in  said  Baptist  society  previous  there- 
to ;  such  person  shall  from  and  after  giving  such  certificate 
with  his  or  her  polls  and  estates,  be  considered  as  belonging 
to  the  society  to  which  he  or  she  hath  so  united. 
Justice  to  issue  Sect.  4.  Be  it  further  enacted,  That  either  of  the  Justices 
meeting/*"^  '  ^^  ^^^  peace  for  the  county  of  Middlesex  or  Worcester  upon 
application  therfor,  is  hereby  authorised  to  issue  a  warrant 
directed  to  some  member  of  the  said  Baptist  society,  requiring 
him  to  notify  and  warn  the  members  thereof,  to  meet  at  such 
convenient  time  and  place  as  shall  be  appointed  in  said  war- 
rant, for  the  choice  of  all  such  officers  as  other  parishes  are  by 
law  required  to  choose  at  their  annual  meetings.  [June  14, 
1810.] 

Chcip*  12,        An  Act   supplementary  to  the   act  to   incorporate  tlie    Proprietors  of  St.  Peter's 
1793  ch.  46.  Cliurcii  in   Salem,  in  the  county  of  Essex. 

(V.  1.  p.  497.)       WHEREAS  in  and  by  the  third  section  of  the  said  act  it  is 
Preamble.         provided,  that  in  default  of  payment  for  one  year  after  public 
notice  of  any  assessment,  the  pew  or  seat  upon  which  such  de- 
(Aitered  by        ficiency  arises  shall  revert  to  the  corporation,  and  may  be  sold 
''    m  such  way  and  manner  as  they  shall  agree,  but  no  provision 
is  made  declaring  what  shall  be  public  notice  of  any  such  as- 
sessment or  perpetuating  the  evidence  of  such  public  notice  ;  for 
remedy  whereof — 

Be  it  enacted  by  the  Senate   and  House  of  Representatives  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  Thar 
«•      such  public  notice  of  any  assessment  may  be  given  by  posting 
up  notifications  of  any  such  assessment  at  the  outer  doors  of 
Clerk  to  give      the  Said  church,  attested  by  the  clerk  of  the  said  corporation, 
notice  respect-  -^rithin  sixtv  davs  after  any  such  assessment  shall   have  been 
ing  assess-  ,  *i>iiii        ii  -i  c        -i 

ments.  made.     And  it  shall  be  the  duty  ot  the  clerk  oi   said  corpora- 

tion, to  post  up  such  notifications,  and  to  enter  on  the  records 
of  said  corporation,  a  copy  of  such  notifications,  and  also  a 
certificate  of  the  time  when  the  same  were  posted  up  by  him  ; 
which  record  and  certificate  shall  be  prima  facie  evidence  of 
the  facts  stated  therein  ;  and  the  clerk  of  the  said  Corporation, 
upon  every  new  choice,  shall  be  sworn  to  the  faithful  discharge 
of  his  duty,  before  some  proper  magistrate.  [June  14,1810.] 
Further  act — 1812  ch.  119. 

Chap,  13.  Au  Act  to  set  off  Edward  Cole  from  the  first  Parish  in  the  town  of  Middle- 
borough,  and  to  annex  him  and  his  estate  to  Tetiquot  Parish,  (so  called)  in  said 
town. 

BE  it    enacted,  by  the   Senate  and   House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same^  That 


1810. Chap.  13^16.  299 

Edward  Cole,  of  Middleborough,  in  the  county  of  Plymouth, 
with  his  polls  and  estate,  be,  and  hereby  is  set  off  from  the 
first  Parish,  and  annexed  to  Tetiquot  Parish,  (so  called)  in  the 
said  town  of  Middleborough.  Provided,  That  the  said  Edward 
Cole  shall  previously  pay  his  proportion  of  all  parish  charges, 
assessed  and  due  to  the  said  first  Parish,  from  the  said  Edward 
Cole,  prior  to  the  date  of  this  act.     [June  14,  1810.] 

An  Act  to  divide  the  town  of  Granville,   in  the  country  of  Hampshire,   and  to  es-  Chop,    1  4« 
tahlish  the  West  Parish  thereof,  as  a  separate  town,    by  the  name  of  Tolland. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the   West  Parish   in  Granville,   in   the   county  of  Holland  incor- 

TT  1  •  1  1        •  1  11  1    I      "^  1        porated. 

Hampshire,  as  known  by  its  present  bounds,  be,  and  hereby 
is  incorporated  and  established  as  a  separate  town,  by  the 
name  of  Tolland,  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties  and  requisitions  of  other  towns,  accord- 
ing to  the  constitution  and  laws  of  this   Commonwealth. 

Sect.  2.     Be  it  further  enacted.  That  the  said  town   of  Tol- Holden  to  pay 
land  shall  be  holden   to  pay  its  proportion  of  all   taxes  asses-  f^xes'^^Aicf 
sed  thereon,  and  not  paid  prior  to  the  date  of  this  act,  and  shall 
be  also  holden  to  receive,  support,  and  nourish  its  proportion  of 
all  the  poor,  which  were  the  proper  charge  of  the  said  towm  of 
Granville,  before  its  division. 

Sect.  3.  Be  it  further  enacted^  That  any  Justice  of  the  Justice  to  issufc 
Peace  for  the  county  of  Hampshire,  is  hereby  authorised  to  ^^"'f^"** 
issue  his  warrant,  directed  to  an  inhabitant  of  the  said  town  of 
Tolland,  requiring  him  to  notify  and  warn  the  inhabitants 
thereof,  to  meet  at  such  convenient  time  and  place  as  shall  be 
expressed  in  said  warrant,  for  the  choice  of  such  officers,  as 
towns  are  by  law  required  to  choose,  and  appoint  at  their  an- 
nual town  meetings.     [Jime  H,  1810.] 

An  Act  appointing;  C(mimissiouers  to  settle  the  accounts  of  tbe   Managers  of  the  Chap,    16. 
Dixville  l-load  Lottery. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  Hon.  Perez  Morton,  William  H.  Sumner,  and  ^^^JS?""' 
William  Brewer,  Esquires,  be,  and  they  are  hereby  appointed 
commissioners  to  adjust  and  settle  the  accounts  of  the  managers 
of  Dixville  Road  Lottery,  and  of  the  agent  appointed  to  ex- 
pend the  monies  raised  thereb3%  and  to  allow  them  severally 
such  commissions  and  compensation  as  shall  be  equitable  and 
proper.  Provided,  That  said  managers  and  agent  shall  pay  all 
the  expenses  arising  under  said  commission,  in  such  propor- 
tion as  the  commissioners  shall  deem  and  decide  equitable  and 
proper. 

Sect.  2.  Be  it  further  enacted.  That  the  Attorney  and  Soli-  Attorney 
citor  General,  or  either  of  them,  in  case  either  or  all  the  com-  po^wered.^"'  ^ 
missioners  herein  appointed  shall  decline  the  duties  prescribed 
by  this  act,  be,  and  they  are  hereby  authorized  and  empower- 
ed to  appoint  a  commissioner  or  commissioners,  who  shall  be 
authorized  to  settle  the  said  accounts,  in  the  same  manner  as 
the  commissioners  appointed  by  the  first  section  of  this  act 
might  do.     [June  14,  1810.] 


300  1810. Chap.  18—23. 

Chan     IS         •^"  ^^'^  '"  addition  to  an  Act,  entitled  "  An  Act  establishing  a  Cgrporation,   by 
,     ^''l^        '  the  name  of  The  Maijilehead  Social  Insurance  Company. 

BE  it  enacted  by   the   Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
fnower''"^    ^^^    further    term    of  one  year  from    and    after    the    seven- 
i^n  stock. "'^^^  teenth  daj  of  July  next,  be  allowed  to  the  stockholders   of  the 
Marblehead  Social  Insurance  Company,  to  pay  in  the  residue 
of  the  Capital  Stock  of  said  company,  amounting  to   fifty  dol- 
(Extetided        ja,.s  on  each  share,  and  being  the  last  moiety  of  their   instal- 
1813  ch!  8*        ments  of  the  sum  of  one  hundred  thousand   dollars,  the  capital 
1817  ch.  24.      stock  of  said  comprtny,  and  that  the  said  residue  sh^ll  be  paid 
1819  ch.  9.)       jj^  gy^,jj  proportions,  and  at  such  times  within  the   period   men- 
tioned, as  the   directors  of  said  company   shall  order  or  ap- 
point, any  thing  in   the  act  to  which  this  act  is  in  addition,  to 
Proviso.            the    contrary  not\vith>tanding.     Provided    hozcever,    That    no- 
thing in  this  act  shall  be  construed  to  exonerate  or  discharge 
the  estates  of  the   stockholders  of  said  company   from   being 
liable  in  the  manner,   and  for   the  purposes   mentioned  in  the 
said  act,  to  which  this  is  in  addition.     Provided  also,  That  fifty 
thousand  dollars  of  the   capital  stock  of  said   company,  shall 
have  been  actually  invested  in  public  or  other  stock,  pursuant 
to  the  act  of  incorporation,  on  or  before  the  seventeenth  day 
of  July  next  ensuing ;  otherwise  this  act  shall  be  of  no  force  or 
efl^ect.     [June  14,  1810.]     Further  acts— 1811  ch.  2:   1813  ch. 
8:   1817  ch.  24:   1819  ch.  9.  ^ 

Chap.  20.        An  Act   to  extend  the  charter  of  the   Worcester   and   Fitzwilliam  Turnpike  Cor- 
1805  ch.  16.'  poration. 

(V.  3.  p.  613.)        Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General   Court   assembled,   and  by  the  authority  of  the 
Time  allowed    same,  That  the  Worcester  and  Fitzwilliam  Turnpike  Corpora- 
ioaT''''  *^^       ^io"  ^''o™  th^  fifteenth  day  of  June,  one  thousand  eight  hundred 
and  ten,  shall  be  allowed  two  years  to  make  their  road  from 
Further  time      the  north  line  of  this  Commonwealth  in  the  town  of  Royalston, 
g.mi  1311  ch.    ^^g^  ^^  Grave's  Mills  (so  called,)  to  the  dwelling-house  of  Eden 
Baldwin  in  Templeton,  near  to  Baldwin's  Mills  (so  called,)  and 
when  said  corporation  shall  have  completed   said  road,  and  it 
shall  be  accepted   by  the  Justices  of  the   Court  of  Common 
Pleas  for  the  county  of  Worcester,  the  said  corporation   shall 
have  a  right  to  erect  one  gate,  at  or  near  the  said  north  line  of 
this  Commonwealth,  at  which  they  shall  have  power  to  collect 
a  toll  of  travellers  in  proportion  to  the  distance  so  made,  com- 
pleted, and  accepted,  with  that  which  is  allowed  by  law  to 
other  turnpike  corporations. 
Deeds,  &c.  Sect.  2.     And  be  it  further  enacted.  That  all  deeds,  bonds, 

^*"'^-  and  obligations  running  to  said  corporation  shall  be  good  and 

valid  in  law.     [June  14,  1810.]     Further  act— 1811  ch.  115. 

Chap»  23         ^"  ^'^'^  ^^  incorporate  the  proprietors  of  the  second  Congregational  Meeting  housa 
•*^*        *  in  Nantucket. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  Houss.  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Persons  incor-  same.  That  Thaddeqs  Coffin,  Richard  Cary,  Samuel  Cary, 
S"'"'''-  Samuel  Swain,  Zopher  Hayden,  Thomas  N.  M.  Cleave,  David 


1810. Chap.  23.  301 

Myrick,  Aaron  Mitchel,  Timothy  Folger,  jun.  Jeremiah  Law- 
rence, James  Barnard,  Ebenezer  Watts,  Daniel  Whitney, 
George  Myrick,  Jonathan  C.  Briggs,  William  Coffin,  Jeremiah 
B.  Wood,  Reuben  Baxter,  Hezekiah  B.  Gardner,  Henry  Rid. 
die,  Elisha  Starbuck,  John  Brock,  jun.  Peter  Hussey,  W  lUiam 
Riddle,  Elisha  Raymond,  Zaccheus  Hussey,  Matthew  Pink- 
ham,  Abel  Rawson.  Samuel  Riddell,  Albert  Gardner,  Benjamin 
Glover,  Eliza  Bunker,  Samuel  Barker,  and  Wyer  Swain,  with 
such  other  persons  as  shall  associate  and  become  interested 
with  them  in  manner  herein  after  mentioned,  be,  and  they 
hereby  are  incorporated  and  made  a  body  politic  by  the  name 
of  The  Proprietors  of  the  Second  Congregational  Meeting 
house  in  Nantucket. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation,  Allowed  to 
tnaV  purchase  and  hold  the  lot  of  land  in  Nantucket  aforesaid,  P^^chase  land, 
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  Prov.so. 
the  corporation  besides  the  meeting  house  and  land  under  it, 
shall  not  exceed  three  thousand  dollars,  and  the  said  corpora- 
tion may  sue,  and  be  sued,  by  its  corporate  name,  may  make 
and  use  a  common  seal,  and  break  and  alter  it  at  pleasure, 
may  make  any  by-laws  for  the  government  thereof,  and  for 
the  management  of  the  corporate  property,  that  a  major  part 
of  the  members  present  (calculating  according  to  their  respec- 
tive interests  as  is  hereafter  set  forth)  shall  think  for  the  best, 
provided  the  same  are  not  contrary  to  the  constitution  and 
laws  of  this  Commonwealth  ;  and  is  invested  with  all  the  pow- 
ers, privileges,  and  immunities  to  which  other  religious  socie- 
ties in  this  Commonwealth  are  entitled  by  law. 

Sect.  3.  Be  it  further  enacted,  That  the  property  of  the  PjJP^.P"^"' 
several  members  of  the  said  corporation  for  the  time  being,  ^ 
shall  be  calculated  according  to  their  respective  rights  and  in- 
terests in  the  pews  and  seats  of  the  meeting  house  lately  built 
as  aforesaid,  by  admeasurement  as  has  been  heretofore  made, 
and  all  persons  who  shall  become  proprietors  or  interested  in 
said  pews  and  seats,  shall  be  deemed  to  have  associated  with, 
and  shall  become  members  of  this  corporation  according  to 
their  respective  interests  in  such  pews  or  seats. 

Sect.  4.  And  be  it  further  enacted.  That  the  said  corpora- Authorized  to 
tion  are  hereby  authorized  to  raise,  by  an  assessment  on  the  ^^^'/^^^'^^j''^' 
pews  and  seals  in  the  said  meeting  house,  such  sum,  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  defraying  the  other 
expenses  of  public  worship  w^ith  incidental  charges,  as  the 
members  of  the  same  shall  agree  on  at  any  legal  meetmg  to  be 
called  for  that  purpose,  according  to  the  said  admeasurement, 
and  the  sums  so  assessed  shall  be  paid  by  the  respective  pro- 
prietors of  such  pews  and  seats,  and  if  any  proprietor  of  such 
pew  or  seats  shall  neglect  to  pay  any  assessment,  which  shall 
be  legally  made  thereon  as  aforesaid,  for  one  year  after  the 


302 


1810 


Chap.  23—28. 


Authorized  to 
sell  in  case  of 
delinquency. 


Justice  to  issue 
warrant. 


Chap.  28. 

1799  ch.  80. 
(V.  2.  p.  378.) 

Preamble. 


Licence  to  the 
Salem  Iron 
Work  Conapa- 
nv. 


Privilege  to 
use  bridge  and 
mills. 


same  shall  have  been-^nade,  the  treasurer  of  said  corporation 
for  the  lime  beirtg  shall  be  authorized  and  empowered  to  sell 
and  convey  all  the  estate,  share,  and  interest  of  such  delinquent 
proprietor  in  the  said  corporation,  at  public  auction,  first  giv- 
ing 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  delinquent's 
assessment,  together  with  legal  interest  thereon  from  the  time 
the  same  was  made,  and  all  incidental  costs  and  charges,  the 
said  treasurer  shall  pay  the  surplus,  if  any  there  be,  to  such 
delinquent  proprietor. 

Sect.  5.  And  be  it  further  enacted^  That  any  Justice  of 
the  Peace  for  the  county  of  Nantucket"  be,  and  hereby  is  au- 
thorized and  directed  to  issue  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  mode- 
rator and  a  clerk,  (who  shall  be  duly  sworn,)  a  treasurer,  and 
such  other  officers  as  the  proprietors  shall  judge  necessary,  and 
the  moderator  of  thnt,  and  of  all  future  meetings,  shall  have 
power  to  administer  the  oath  of  office  to  the  clerk.  [June  14. 
1810.] 

An  Act  in  arlHition  to  the  Act,  entitled,  "  An  Art  to  incorporate  Ebenezer Beck- 
ford  and  others  for  the  purpose  of  establishing  an  Iron  Manufactor)',  and  other 
purposes  therein  mentioned.'' 

WHEREAS,  the  Danvers  and  Beverly  Iron  Works  Compa- 
ny have  built  a  Bridge  of  stone,  and  an  Iron  Factory,  at  Por- 
ter's River,  near  the  Salem  Iron  Factory,  but  have  blely  dis- 
continued their  operations — and  it  appears  that  this  establish- 
ment can  be  conveniently  united  with  that  of  the  Salem  Iron 
Factory  Company  :-— 

Sect.  1 .  I3e  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  Salem  Iron  Factory  Company  shall  be,  and 
they  hereby  are  authorized  and  made  capable  to  purchase, 
be  lawfully  seized  of,  and  to  hold  to  them,  their  successors  and 
assigns  forever,  all  the  real  estate  of  the  Danvers  and  Beverly 
Iron  Works  Company,  consisting  of  their  iron  manufactory 
land,  and  all  their  other  works  and  buildings,  and  their  stone 
bridge,  all  situated  on  and  adjacent  to  Porter's  River  aforesaid, 
with  the  land  under  the  same,  with  the  appurtenances,  and  such 
other  real  estate  near  thereto,  as  niay  be  convenient  for  this 
establishment:  and  may  also  hold  so  much  personal  estate  as 
shall  be  actually  employed  therein,  in  addition  to  the  personal 
estate  which  they  are  now  authorized  to  have ;  provided,  that 
the  value  of  the  real  estate  and  of  the  personal  estate,  to  be 
purchased  and  acquired  as  aforesaid,  shall  not  exceed  the 
amount  which  the  Danvers  and  Beverly  Iron  Works  Company 
are  capable  of  holding. 

Sect.  2.  Be  it  further  enacted,  That  the  Salem  Iron  F'ac- 
tory  Company  shall  and  may  use  the  Bridge  Iron  Factory, 
and  the  mill  or  mills,  works  or  buildings,  which  the  Danvers 
and  Beverly  Iron  Works  Company  have  built  on  said  Porter's 


1810. Chap.  28—312.  303 

River,  and  near  thereto,  and  which  they  shall  convey  to  the 
Salem  Iron  Factory  Company ;  and  may  erect  any  other  mill 
or  mills.,  works  or  buildings  there,  or  near  thereto,  for  such  Iron 
Factory,  or  for  carrying  on  any  other  useful  manufacture  or 
business  which  shall  be  found  expedient  for  the  Salem  Iron 
Factory  Company  to  establish  and  carry  on  there. 

Sect.  3.  Be  it  further  enacted,  That  the  said  real  aud  per-  Appropriation 
sonal  estate,  when  purchased  and  acquired  as  aforesaid,  shall 
be  divided  among  the  proprietors  of  the  Salem  Iron  Factory 
Company  according  to  their  respective  shares  therein,  in  the 
same  manner,  to  all  intents  and  purposes,  as  if  their  original 
act  of  incorporation  had  extended  to  the  same.  [Fe6.  8, 
1811.] 

An  Act  to  incorporate  Joseph  Hewins  and  others,  by  the  name  of  The  Sharon  Cot-    QUnn     29 
ton  Manufacturing  Company.  ■*  * 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court   assembled,  and  by  the  authority  of  the 
same.  That  Joseph  Hewins,  Philip  Curtis,  and  Joseph  Hewins,  Persons  incor? 
jun.  with  such  others  as  already  have,  or  may  hereafter  asso-  po^'^ted. 
ciate  with  them,  their  successors  or  assigns,   be,   and  hereby 
are  made  a  corporation,  by  the  name  of  The  Sharon  Cotton 
Manufacturing   Company,  for  the  purpose  of  manufacturing 
cotton  in  the  town  of  Sharon,  and  for  that  purpose   shall   have 
all  the  powers  and  privileges,  and  be  subject  to  all  the  duties 
and  requirements  contained  in  an  act  passed   the  third  day  of 
March,  one  thousand  eight  hundred   and  nine,  entitled,  "An   1808  ch.  65. 
Act  defining  the  general  powers  and  duties  of  manufacturing 
corporations." 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation  Possession  of 
may  be  lawfully  seized  and  possessed  of  such  real  estate  not  pioperty  aiiow^' 
exceeding  the  value  of  twenty-five  thousand  dollars,  and  such 
personal  estate  not  exceeding  the  value  of  one  hundred  thou- 
sand dollars,  as  may  be  necessary  for  carrying  on  the  manu- 
ufacturing  of  cotton  in  the  said  town  of  Sharon.  \^Feb.  8, 
1811.] 

An  Act  to  allow  a  further  time  to  the  proprietors  of  the  Aiford  and  Egreraont  Turn-    Chap,  30. 
pike  Corporation  to  com|)lete  their  roar!.  1805  ch.  96. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authoriiy  of  the  same,  That 
a  further  time  of  one  year  from  the  first  day  of  January,  one 
thousand  eight  hundred  and  eleven,  be  allowed  to  the  said  pro- 
prietors to  complete  the  said  Aiford  and  Egremont  Turnpike 
Road,  any  thing  in  the  original  act  of  incorporation  to  the  con- 
trary notwithstanding.  [Feb.  12,  1811.]  Further  act — 1811 
ch.  68. 

An  Act  to  establish  a  Corporation  by  the  name  of  The  Tyringham  and  Sandisfield    Chap,  32. 
Turnpike  Corporation.  -^ 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That   Persons  incor- 
John  Hunt,  Francis  Hearick,  John  Sweet,  William  Ingersol,  porated. 
William  Hale,  together  with  such  other  persons  as  shall  here- 
after associate  with  them,  be,  and  they  are  hereby  made  a 


304 


1810. 


Chap.  32—34. 


1804  ch.  125. 


Chap.  33. 
1805  ch.  109. 


Chap.  34. 
1809  ch.  91. 

Preamble. 


Power  to  trus- 
tees. 


Corporation,  by  the  name  of  The  Tyringham  and  Sandisfield 
Turnpike  Corporation,  for  the  purpose  of  making  and  keeping 
in  repair  a  turnpike  road,  beginning  at  the  Hosatonick  River 
Turnpike  Road,  near  the  house  of  Sylvanus  Hulet,  in  the  town 
of  Lee,  thence  crossing  the  Hosatonick  river,  and  running  to 
or  near  the  house  of  William  Ingersol,  in  said  Lee,  thence 
in  the  most  direct  and  convenient  route  to  William  Hale's 
dwelling  house,  in  that  part  of  Tyringham,  called  Hobbrook, 
thence  on  the  most  direct  and  convenient  route  to  John  Sweet's, 
in  the  town  of  Otis,  thence  in  the  most  convenient  route  to  So- 
lomon Deming's,  in  Sandisfield  ;  and  for  the  purpose  aforesaid, 
shall  have  all  the  powers  and  privileges,  and  shall  also  be 
subject  to  all  the  duties,  requirements  and  disabilities,  pre- 
scribed and  contained  in  an  Act,  entitled,  "  An  Act  definmg 
the  general  powers  and  duties  of  turnpike  corporations,"  pas- 
sed the  sixteenth  day  of  March,  eighteen  hundred  and  five, 
and  any  acts  which  have  been  made  in  addition  thereto.  [Feb, 
12,1811.]  ^_ 

An  Act  to  allow  a  further  time  to  the  Wrentham  and  Walpole  Turnpike  Corpo- 
ration to  complete  their  Road. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
a  furthur  time  of  one  year  from  the  fourteenth  day  of  March 
next,  be,  and  hereby  is  allowed  to  said  corporation  to  complete 
their  turnpike  road,  any  thing  in  the  original  act  of  incorpora- 
tion to  the  contrary  notwithstanding.     [Feb.  14,  1811.] 

An  ACT  in  addition  to  an  Act,  entitled,  "An  Act  to  incorporate  «""dry  pei^on. 
by  the  name  of  The  Trustees  of  Donations  to  the  Protestant  Episcopal  Church. 

WHEREAS  the  Trustees  of  Donations  to  the  Protestant 
Episcopal  Church  have  represented  that  the  limited  number  of 
their  members  is  inconvenient  and  unfavourable  to  the  pious 
purposes  of  their  incorporation — 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Coiirt  assembled,  and  by  the  authority  of  the 
same,  That  the  first  and  second  provisoes  of  the  second  section 
of  the  act  to  which  this  is  in  addition,  which  provisoes  are  m 
these  words,  viz.  "  provided  that  there  shall  not  be  in  the  said 
corporation,  at  any  one  time,  a  greater  number  than  fifteen 
trustees,  nine  of  whom  shall  be  a  quorum  for  transactmg  busi- 
ness—provided also,  that  no  trustee  shall  be  removed  unless 
with  the  concurrence  of  two  thirds  of  the  whole  number  of 
trustees,"  be,  and  they  hereby  are  repealed. 

Sect.  2.  Be  it  further  enacted.  That  the  said  trustees  shall 
have  authority  from  time  to  time  to  determine  the  number  ot 
trustees  which  shall  constitute  a  quorum  for  transacting  busi- 
ness, and  that  no  trustee  shall  be  removed  unless  with  the  con- 
currence of  two  thirds  of  the  number  constituting  a  quorum  for 
the  time  being,  nor  without  the  concurrence  of  two  thirds  ot 
the  number  present  at  any  legal  meeting  of  the  said  trustees. 
[Feb.  14,  1811.] 


1810.^ Chap.  3d.  305 

An  Act  in  further  addition  to  an  Act,  entitled,  "An  Act  for  establishing  the  r'lrtM    ^0 

Fifth  Massachusetts  Turnpike  Corporation."  ,,r.„    u    Jl* 

^  '^  1798  ch.  85. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen-  (\ .  2.  p.  -i95.) 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the  }^^^^}^'  ^^' 
same,  That  the  said  Corporation  be,  and  they  hereby  are  au-  (v*  2.  p.  404. 
thorized  and  empowered  to  remove  the  gate  erected   on  said  405.  4i4.) 
turnpike  road,  in  the  town  of  Gardner,  from  the  place  where  it  !v^V*p.^77.) 
now  stands,  to  a  place  about  twelve  rods  east  of  Adam  Noyes'  iso's  ch.'as.* 
barn,  in  said  Gardner  ;  Provided  however,  That  the  said  corpo-  (^-  ^-  P*  2170 
ration  shall  not  be  entitled  to  demand  or  receive  any  toll  at  Proviso, 
said  gate  from  any  of  the  inhabitants  of  said  Gardner,  or  those 
of  the  inhabitants  of  Royalston,  AVinchendon,  or  Templeton, 
who  in   travelling  on  said  turnpike  road  enter  upon  the  same 
near  the  dwelling  house  of  Elisha  Jackson,  jun.  or  by  the  road 
which  passes  by  the  meeting  house  in  said  Gardner;  and  pro- 
vided also,  that  the  inhabitants  of  Westminster  be  exempted  Privilege  to  in= 
from  the  payment  of  toll  at  said  gate,  when  passing  to  or  from  habitants  to 
said  Westminster  to  the  town  of  Gardner,  excepting  such  in-  ^^^^  '"rnp»  e. 
habitants  as  carry  bricks  from  a  brick   kiln   near  Otter  river, 
and  cross  Gardner  line,  w-ho  shall  be  liable  to  pay  toll  in  the 
same  manner  as  other  passengers. 

Sect.  2.     Be  it  farther  enacted,    That  the  said  corporation  Authority  to 
be,  and  they  are  hereby  authorized    and  empowered  to  erect  erect  a  new 
an  additional  gate  on  said  turnpike  road  near  Gurnie's  tavern,  ^^  ^' 
in  Montague,  on  either  side  of  Miller's  river,  as  the  said  cor- 
poration may  judge  most  convenient  ;  at  which  said  gate,  the 
said  corporation  shall  be  entitled  to  demand  and   receive  the 
same  rate  of  toll  as  at  the  other  gates  on  said  road  from  all 
persons  travelling  thereon,  except  from  such  persons  as  pass 
or  repass  the  bridge  over  Connecticut  river,  at  Montague  city 
(so  called)  and  continue  on  said  road  till  they  pass  Gate  No.  3, 
in  the  town  of  Athol,  which  said  last  described  travellers,  shall 
be  altogether  exempted  from  the  payment  of  toll  at  the  gate  to 
be  erected. 

Sect.  3.  Be  it  further  enacted.  That  in  addition  to  the  toll  Empowered  t« 
already  established,  the  said  corporation  shall  be  and  they  raise  toll. 
hereby  are  authorized  and  empowered  to  demand  and  receive 
at  each  of  the  gates  on  said  road,  for  every  cart  or  waggon, 
drawn  by  more  than  four  oxen  or  horses,  twelve  cents  and  a 
half  for  each  additional  ox  or  horse.  And  if  any  person  tra- 
velling on  said  turnpike  road,  shall  on  his  arrival  at  or  near 
either  of  the  said  gates,  separate  from  his  team  any  ox  or  horse 
with  intention  to  pass  the  same,  separately,  through  either  of 
the  said  gates,  and  thereby  to  avoid  the  payment  of  any  part 
of  the  toll  accruing  by  law  to  said  corporation,  such  person 
shall  forfeit  and  pay  the  sum  of  two  dollars,  to  be  recovered 
by  the  treasurer  of  said  corporation,  to  their  use,  in  the  same 
manner  as  other  fines  and  forfeitures  are  to  be  recovered  by 
the  act  to  which  this  is  in  addition.  [Fe6.  16,  1811.]  Further 
act— 1813  ch.  20. 

VOL.  IV.  39 


306  1810. Chap.  44—48. 

^•2,  A  A         An  Act  to  incorporate  a  number  of  the  inhabitants  of  the  Town  of  Savoy,  in  the 

L^nap.  44.  County  of  Berkshire,  into  a  religious  society,  by  tire  name  of  the  First  Congre- 

gational Society  in  Savoy. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Persons  incor-  same,  That  Cheny  Taft,  Seth  White,  Joseph  Woods,  Ethan 
porated,  Maynard,  Judson  Woods,  John  Tileston,  Obadiah  Bliss,  Ste- 
phen HoUis,  Seth  Bourn,  Miles  Carpenter,  Simeon  Goff,  Si- 
meon Hodges,  Benjamin  Wait,  Benajah  Sheldon,  Wilks  Walk- 
er, Jesse  Smith,  and  Dyer  Lewis,  with  their  families  and  es- 
tates, together  with  such  others  as  may  hereafter  associate  with 
them  or  their  successors,  be,  and  they  hereby  are  incorporated 
into  a  religious  society,  by  the  name  of  The  First  Congrega- 
tional Society  in  Savoy,  with  all  the  powers,  privileges  and  im- 
munities, and  subject  to  all  the  duties  to  which  other  parishes 
or  religious  societies  are  entitled  or  subjected  by  the  constitu- 
tion and  laws  of  this  Commonwealth. 
Justice  to  issue  Sect.  2.  Be  it  further  enacted,  That  any  Justice  of  the 
warrant.  Peace  in  the  county  of  Berkshire,  be,  and  hereby  is  authorized 
to  issue  his  warrant,  directed  to  some  suitable  person  who  is  a 
member  of  said  society,  requiring  him  to  warn  and  notify  the 
members  thereof  to  meet  at  such  time  and  place  in  said  town 
as  shall  be  directed  in  said  warrant,  to  choose  all  such  officers 
as  parishes  and  other  religious  societies  are  by  law  authorized 
to  choose  in  the  months  of  March  or  April  annually.  [Feb, 
18,  1811.]  

Chap.  47.       An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  Jonathan  Mason 
1803  ch.  92.  and  others,  into  a  company,  by  the  name  of  the  Union  Marine  Insurance  Com- 

(V.  3.  p.  333.)       pany." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  Union  Marine  Insurance  Company  be,  and  they  hereby 
are  authorized  to  invest  ten  thousand  dollars  of  their  capital 
stock  in  real  estate,  over  and  above  the  sum  of  twenty  thou- 
sand dollars  they  were  authorized  to  invest  in  real  estate  by 
the  second  section  of  their  act  of  incorporation,  passed  Februa- 
ry the  twenty-ninth,  one  thousand  eight  hundred  and  four. 
[Feb.  21,  1811.]     Further  act— 1816  ch.  59. 

ru         AQ         An  Act  in  addition  to  the  several  acts  for  incorporating  a  certain  part  of  the  Town 
L//l«p.  4».  of  Lee,  into  a  District,  by  the  name  of  The  Hopland  School  District. 

(V.^!  p.  294.         BE  it  enacted,  by  the  Senate  and  House  of  Representatives,  in 
1796  ch.  90.      General  Court  assembled,  and  by  the  authority  of  the  same.  That 
msW.^"^'^  in  all  suits  at  law  which  may  hereafter  be  depending  in  any 
(V.  2.  p.  234.)  court  within  this  Commonwealth,  wherein  the  said  district  may- 
be a  party,  or  interested  in  the  event  of  the  suit,  any  inhabi- 
tant of  the  said  district  shall  and  may  be  admitted  as  a  compe- 
tent witness,  and  his  deposition  may  be  used,  if  duly  taken,  and 
for  legal  cause,  in  any  trial  of  the  cause,  as  well  for  as  against 
the  said  district.     Provided,  he  hath  no  other  interest  therein 
than  as  an  inhabitant  or  member  of  said  district,  and  is  not 
otherwise  legally  disqualified  ;  any  law,  usage  or  custom  to 
the  contrary  notwithstanding.     [Feb.  21,  1811.] 


1810. Chap.  49.  307 

An  Act  to  incorporate  a  number  of  persons  in  the  Towns  of  Bellinghani,  Mendon,   Qh(in    40 
Milford,  and  Franklin,  as  a  religious  society,  by  the  name  of  The  First  Baptist  •' * 

Society  in  Bellinghani. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Amos  Adams,  Amos  Adams,  jun.  Caleb  Adams,  Persons  incec- 
Samuel  Adams,  jun.  Levi  Adams,  Joel  Adams,  Christopher  P°'^^^®  " 
Adams,  Hamblet  Barber,  Elijah  Bates,  Ezekiel  Bates,  Eze- 
kiel  Bates,  jun.  John  Bates,  Otis  Bates,  Daniel  Bullard, 
Wheelock  Bullard,  Asa  Burr,  Asa  Burr,  2d,  Lucretia  Burr, 
Joseph  Chilson,  Joshua  Chilson,  John  Chilson,  Ichabod  Chil- 
son,  Ethan  Cobb,  Elias  Cook,  Amaziah  Cushman,  Samuel 
Darling,  Samuel  Darling,  jun.  Simon  Darling,  Araasa  Foris- 
tall,  Onlj  Foris'all,  David  Hill,  Aaron  Holbrook,  Amasa  Hol- 
brook,  Amos  Hoibrook,  Amzi  Holbrook,  Cephas  Holbrook, 
Eliab  Holbrook,  Eliphalet  Holbrook,  Henry  Holbrook,  Luke 
Holbrook,  Mary  Holbrook,  Simeon  Holbrook,  Daniel  Jones, 
Warren  Lasell,  Nathan  Penniman,  Martin  Rockwood,  Stephen 
Sayles,  Samuel  Scott,  Bethuel  Slocumb,  Peletiah  Smith,  Samuel 
Smith.  John  Scammell,  Benjamin  Spear,  Alpheus  Thayer,  Elias 
Thayer,  Marvellous  Thayer,  Mary  Thayer,  Silas  Thayer,  Amos 
Thompson,  Eli  Thompson,  Joseph  Thompson,  John  Wales,  La- 
ban  Whitney,  Eliab  Wight,  Seneca  Wight,  and  Gurdon  Williams, 
of  Bellingham,  and  Otis  Wales,  of  Franklin,  in  the  county  of 
Norfolk  ;  Nahum  Bates,  Daniel  Lasall,  and  Joshua  Lasall,  Al- 
len Thayer,  Amos  Thayer,  Benjamin  Thayer,  and  Dexter 
Thayer,  all  of  Mendon  ;  and  Calvin  Holbrook,  and  Timothy 
Wiswall,  of  Milford,  in  the  county  of  Worcester,  with  their 
families  and  estates,  toge'her  with  such  others  as  may  hereaf- 
ter associate  with  them  and  their  successors,  be,  and  they  are 
hereby  incorporated  and  established,  as  a  religious  society,  by 
the  name  of  The  First  Baptist  Society  in  Bellingham,  with  all 
the  powers  and  privileges,  and  subject  to  all  the  duties  of  other 
religious  societies,  according  to  the  constitution  and  laws  of  this 
Commonwealth  :  Provided  however,  That  each  and  all  such  per-  Proviso, 
sons  shall  be  holden  to  pay  their  several  proportions  of  all  mo- 
nies voted  and  legally  assessed,  for  parochial  uses,  in  the  parish 
or  religious  society,  to  which  such  person  formerly  belonged. 

Sect.  2.     Be  it  further  enacted,   That  any  person  in  either  Method  of 
of  the  aforesaid  towns  of  Bellingham,  Franklin,   Mendon,  or  Jo'^'ng  'he  so- 
Milford,  who  may  at  any  time  within  two  years  after  passing  ^'^  ^* 
of  this  act  be  desirous  to  unite  with  the  said  First  Baptist  So- 
ciety in  Bellingham,  shall  declare  such  intention  in   writing  to 
the  minister  or  clerk  of  the  said  society,  and  receive  a  certifi- 
cate of  admission,  signed  by  the  minister  or  clerk  of  the  said 
society,  that  he  or  she  has  actually  become  a  member  of,  and 
united  in  public  worship  with  the  said  society  in    Bellingham, 
and  shall  also  give  an  attested  copy  of  the  said  certificate,  to 
the  clerk  of  the  parish  or  society  to  which  he  or  she  formerly 
belonged  ;  such  person,  from  the  time  of  giving  in  said  certifi- 
cate, shall,  with  his  or  her  polls  and  estates  be  considered  a 
member  of  the  said  First  Baptist  Society  in  Bellingham. 

Sect.  3.     Be  it  further  enacted^  That  when  any  member  of 


308 


1810. 


Chap  49— 50. 


Method  of 
leaving  the 
society. 


Justice  to  is- 
sue wairant. 


Chap,  50. 


Persons   incoi- 
poiated. 


the  said  First  Baptist  Society  in  Bellingham,  shall  see  cause  to 
leave  the  same,  and  to  unite  with  any  other  religious  society  in 
the  town  in  which  he  or  she  may  live,  in  either  of  the  towns 
aforesaid,  shall  declare  such  intention  in  writing  to  the  minis- 
ter or  clerk  of  the  said  society  in  Bellingham,  and  also  to  the 
minister  or  clerk  of  such  other  religious  society,  fifteen  days 
previous  to  their  annual  meeting  ;  and  if  such  person  shall  pro- 
duce a  certificate  of  admission,  signed  by  the  minister  or  clerk 
of  such  other  religious  society,  that  he  or  she  has  united  in 
public  worship,  and  has  actually  become  a  member  of  such 
other  society,  such  person,  with  his  or  her  polls  and  estate, 
from  the  date  of  said  certificate,  shall  be  considered  a  member 
of  such  other  society.  Provided  however.  That  in  every  case 
of  secession  from  one  society,  and  joining  with  another,  as 
provided  for  in  this  act,  every  such  person  shall  be  holden  to 
pay  his  or  her  proportion  of  all  parish  or  society  expenses, 
and  assessments  legally  assessed  and  not  paid,  before  such 
secession. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the 
Peace  for  the  county  of  Norfolk,  is  hereby  authorized,  upon 
application  therefor,  to  issue  a  warrant,  directed  to  some  free- 
holder in  Bellingham.  aforesaid,  requiring  him  to  notify  and 
warn  the  members  of  the  said  First  Baptist  Society  in  Belling- 
ham, to  meet  at  such  convenient  time  and  place  as  shall  be  ex- 
pressed in  said  warrant,  for  the  choice  of  such  officers  as  reli- 
gious societies  are  by  law  empowered  to  choose  and  appoint, 
at  their  annual  parish  or  society  meetings.     [Fcfc.  21,  1811.] 

An  Act  establishing  The  Union  Religious  Society,  in  the  Towns  of  Weymouth  and 
Braintree. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Representor 
tives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  John  White,  Minot  Thayer,  Samuel  Arnold,  David  P. 
Hayward,  John  Hollis,  Mehitable  Holbrook,  Noah  Bicknell, 
Susannah  White,  Alexander  White,  Josiah  Vinton,  Jacob  Al- 
len, Asaph  Faxon,  Jonathan  Derby,  Elihu  White,  Micah  Rich- 
mond, David  Loud,  Jacob  Allen,  jun.  Increase  Clap,  Asaph 
Faxon,  jun.  Josiah  Vinton,  jun.  Isaac  Damon,  Robert  Bates 
the  second,  William  Bowditch,  Joseph  Allen,  William  Allen, 
Daniel  Loring,  Judah  Loring,  James  Bowditch,  Job  Thayer, 
Thomas  White,  Benjamin  Bowditch,  Alexander  White,  jun. 
Boylston  Vinton,  Jonathan  Bowditch,  John  Gushing,  Joseph 
Nash  the  third,  Caleb  Hunt,  Elisha  Thayer,  Jabez  Porter, 
John  P.  Lavel,  James  L.  Arnold,  John  Davis,  Moses  Nash,  jun. 
Elisha  Blanchard,  Barnabas  Thayer,  the  second.  Job  Nash, 
William  Hunt,  Nathaniel  Pratt,  Zeba  Cushing,  Sarah  Capron, 
Thomas  Cushing,  Nathaniel  Blanchard,  Isaiah  Thayer,  Ezra 
Nash,  William  Beckwith,  Moses  Nash,  Ebenezer  Nash,  Zadock 
Nash,  Jacob  Dyer,  Isaac  Phillips,  Nathaniel  Richards,  jun. 
Samuel  White,  Edward  Vinton,  James  Adams,  Zadock  Nash, 
jun.  Aaron  Ford,  Stephen  T.  Soper,  Jacob  Tirrell,  Andrew 
Howard,  Turner  Joy,  Thomas  Richards,  Howland  Cowing, 
Chauncey  Williams,  Peleg  Jordan,  Seth  Cole,  Jonas  Welsh, 


1810. Chap.  50.  309 

Solomon  Richmond,  Samuel  Jones,  and  Asa  Nash,  the  petition- 
ers, with  ?uch  other  inhabitants  of  said  towns  of  Weymouth 
and  Braintree,  as  shall  desire  to  unite  with  them,  and  signify 
the  same  to  the  Clerk  of  the  Union  Religious  Society  at  any  time 
within  two  years  from  the  passing  of  this  act,  be,  and  hereby 
are  incorporated  into  a  religious  society,  by  the  name  of  The 
Union  Religious  Society  in  the  towns  of  Weymouth  and  Brain- 
tree,  with  all  the  privileges,  powers,  and  immunities,  to  which 
other  religious  societies  in  this  Commonwealth  are  entitled  to 
by  law. 

Sect.  2.  Be  it  further  enacted,  That  the  polls  and  estates  Timeoftaxa- 
of  all  such  persons,  belonging  to  said  towns  respectively,  who  ^'O"* 
become  members  of  said  Union  Religious  Society,  shall  on  the 
first  day  of  May  annually  be  taxable  in  said  Union  Religious 
Society,  and  in  that  only,  for  parochial  purposes:  Provided 
nevertheless,  That  so  long  as  the  Rev.  Ezra  Weld  shall  con- 
tinue a  minister  of  the  parish  in  Braintree,  the  sum  raised  for 
his  support  shall,  as  heretofore,  be  assessed  upon  all  the  inha- 
bitants of  said  town  of  Braintree. 

Sect.  3.  Be  it  further  enacted,  That  any  of  the  members 
belonging  to  the  parishes  of  Weymouth  and  Braintree,  or  the 
Union  Religious  Society,  being  desirous  to  change  his,  her  or 
their  relations  to  or  from  the  said  Union  Religious  Society, 
shall  have  full  liberty  so  to  do,  with  his,  her  or  their  polls  and 
estates,  at  any  time  within  two  years  from  the  passing  of  this 
act  of  incorporation  of  said  Union  Religious  Society  :  provided  Proviso, 
they  shall  signify  the  same  in  the  writing  to  the  clerks  of  said 
parishes  respectively,  and  to  the  clerk  of  ihe  said  Union  Reli- 
gious Society,  and  they  shall  be  recorded  by  said  clerk  ac- 
cordingly. 

Sect.  4.  Be  it  further  enacted,  That  all  young  persons  in  Joining  the 
said  towns,  when  they  attain  to  the  age  of  twenty-one  years,  *°"^*y« 
and  all  persons  who  may  hereafter  settle  within  the  limits  of 
said  towns,  and  shall  desire  to  join  the  Union  Religious  Socie- 
ty, shall  have  full  liberty  so  to  do,  at  any  time  within  two 
years  from  the  time  they  attain  to  such  age,  or  from  the  time 
of  such  settlement,  with  their  polls  and  estates,  by  signifying 
their  desire  in  writing  to  the  clerk  of  the  parish  within  the 
limits  of  which  they  respectively  reside,  and  to  the  clerk  of  the 
Union  Religious  Society. 

Sect.  5.     Be  it  further  enacted,   That  the  Union  Religious  Power  to  tax. 
Society  shall  have  power  to  tax  all  pews  in  their  meeting 
house,  not  exceeding  six  per  centum  of  their  original  valuation,  - 

made  by  a  committee  previous  to  the  sale  thereof,  which  shall 
be  occupied  by  persons  who  do  not  join  said  society,  so  that 
their  polls  and  estates  may  be  taxed,  which  taxes  said  occu- 
pants shall  be  held  to  pay. 

Sect.  6.     Be  it  further  enacted.  That    all  ministerial  taxes  Appropriation 
assessed  and  raised  within  the  towns  of  Weymouth  and  Brain-  °f  ^^.xes. 
tree,  on  estates  belonging  to  non-residents,  shall  be  divided  be- 
tween the  parishes  within  which  said  estates  may  be  situated 
in  said  towns  and  the  Union  Religious  Society,  in  the  same 
proportion  as  the  members  of  each  parish  collectively  bear  to 


310  1810. Chap.  50—55. 

each  other  in  the  state  tax,  which  shall  be  assessed  from  time 
to  time,  to  be  annually  compared  and  ascertained  by  the  as- 
sessors of  the  Union  Religious  Society,  and  the  assessors  of 
each  parish  in  said  towns  respectively,  and  to  be  drawn  by  the 
Union  Religious  Society  from  the  treasury  of  each  parish  in 
said  towns. 
Time  of  hold-  Sect.  7.  And  be  it  further  enacted,  That  a  meeting  of  the  Union 
ing  meeting.  Religious  Society  shall  be  holden  at  the  new  meeting  house  in 
Braintree,  on  the  first  Tuesday  of  March  next,  at  three  of  the 
clock  in  the  afternoon,  for  the  purpose  of  choosing  a  clerk  and 
other  officers,  and  exercising  such  powers  as  are  provided  hy 
1786  ch.  10.  an  act  for  regulating  parishes,  and  precincts,  and  the  affairs 
thereof,  passed  June  twenty-eight,  one  thousand  seven  hundred 
and  eighty-six,  and  to  agree  upon  a  method  of  calling  meetings 
of  the  society  in  future.     [Feb.  21,  1811.]     See  1810  ch.  130. 

Chap.  53.        A"  ^^"^  supplementary  to  an  Act,  entitled  "An  Act  to   incorporate  James  Sulli- 
1793  ch.  21  ^'"  ^"'^  others,  under  the  name  of  the  Proprietors  of  the  Middlesex  Canal." 

(V.  1.  p.  465.)        WHEREAS,  by  a  resolve  passed  the  fourth  day  of  March, 
(V.  2.*^p*.  26      ^"  ^^^  year  of  our  Lord  one  thousand  eight  hundred  and  nine, 
1798  ch.  16.*     two  townships  of  land  in  the  District  of  Maine,  were  granted  to 
(ll- 2- P- ^41.    the  proprietors  of  the  Middlesex  Canal,  to  aid  them   in  remov- 
(V.  2.  p.  342.)  ^"g  obstructions  to  water  communications  on   Merrimack  river, 
1802  ch.  98.      with  said  canal,  and  for  other  purposes,  promotive  of  its  princi- 
i808^ch'!*2!^'''^  pal  objects — And  whereas,  to  effect  the  important  public  pur- 
1809  ch.*  19.       poses  contemplated  by  said  resolve,  the  said  proprietors  have 
found  it  necessary  to  become  interested  in  several  canal  incor- 
porations, created  by  the  legislature  of  New-Hampshire,  for 
the  purpose  of  improving  the  navigation  of  the  river  aforesaid, 
and  of  removing  its  obstructions  within  said  State — Therefore, 
Be    it  enacted  by  the  Senate   and  House  of  Representatives,  in 
General  Court  assembled,  and  by   the  authority  of  the  same,  That 
Jiio^StSd  ^^^  proprietors  of  the  Middlesex  Canal,  in   tlieir  corporate  ca- 
sharesinNcw-  pacity,  be,  and  they  hereby  are  authorized  and  empowered  to 
Hampshire.       subscribe  for  and  hold  shares  in  any  company  that  is,  or  shall 
be  incorporated  by  the  legislature  of  the  State  of  New-Hamp- 
shire, for  the  purpose  of  improving  or  canying  on  inland  navi- 
gation by  the  river  Merrimack,  its  branches  and  other  waters, 
leading  to   the   Middlesex   Canal.     [Feb.  21,  1811.]     Further 
acts— 1812  ch.  113.  115  :   1814  ch.  100. 

Chup.  55.       An  Act  to  incorporate  the  proprietors  of  the  First  Congregational  Meeting  House, 
in  Nantucket. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
p  .          That  Benjamin  Gardner,  Ebenezer  Fitch,  William  Cobb,  Tho- 

porated.  *  ^  "  m^s  Hillar,  Obed  Joy,  John  Gardner,  Uriah  Bunker,  2d,  Eben- 
ezer Drew,  Simeon  Coffin,  jun.  Peter  Myrick,  Thomas  M.  Cof- 
fin, Humphrey  Cannon,  Elisha  Raymond,  Roland  Gelston,  Wil- 
liam Nichols,  Edward  Cary,  jun.  Shubael  Coffin,  Jonathan  Cof- 
fin, Jedediah  Fitch,  Robert  Folger,  Reuben  R.  Bunker,  Benja- 
min Walcutt,  Joshua  Coffin,  Grafton  Gardner,  and  Coffin  Whip- 
pey,  be,  and  they  hereby  are  incorporated  and  made  a  body 
politic,  by  the  name  of  the  Proprietors  of  the  First  Congrega- 


1810. Chap.  55—57.  311 

tional  Meeting  house  in  Nantucket,  with  such  other  persons  as 
are  or  may  hereafter  become  interested  with  them  in  said  meet- 
ing house,  and  the  land  it  stands  on,  with  power  to  raise  by  as- 
sessment on  the  pews  and  seats  in  the  said  meeting  house,  ac- 
cording to  the  admeasurement  of  the  same,  such  sum  and  sums 
of  money  for  the  settlement  and  maintenance  of  a  minister  or 
ministers,  and  for  the  incidental  charges  of  said  corporation,  as 
the  members  of  the  same  shall  agree  on,  at  any  legal  meeting 
to  be  called  for  that  purpose. 

Sect.  2.  Be  it  further  enacted,  That  it  shall  be  lawful  for  the  Empowered  to 
treasurer  of  said  corporation  for  the  time  being,  to  sell  at  pub-  sell  pews  and 
lie  auction,  after  giving  thirty  days  notice  thereof,  by  posting  *^^*'* 
an  advertisement  to  that  effect,  at  two  of  the  doors  of  said  meet- 
ing house,  such  pew  or  seats  on  which  the  taxes  may  not  have 
been  paid,  within  one  year  after  the   assessment  as   aforesaid, 
and  upon  such  sale  to  execute  a  good  and  sufficient  deed  or 
deeds  thereof  to  the  purchaser,  and  after  deducting,  the  amount 
of  such   delinquent's  assessment,  together  with   legal   interest 
thereon  from  the  time  the  same  was  made  payable,  and  all  in- 
cidental costs  and  charges,  the  said  treasurer  shall  pay  the  sur- 
plus, if  any,  to  such  delinquent  proprietor. 

Sect.  3.  Be  it  further  enacted,  That  any  Justice  of  the  Peace  justice  to  issue 
for  the  county  of  Nantucket,  be,  and  hereby  is  authorized  and  warrant, 
directed  to  issue  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  such  other  officers 
as  the  proprietors  shall  judge  necessary  ;  and  the  moderator  of 
that  and  of  all  future  meetings,  shall  have  power  to  administer 
the  oath  of  office  to  the  clerk.     [Feb.  21,  1811.] 

An  Act  establishing  tlie  Kingston  Cotton  and  Woollen  Manufactory.  Chop»  57. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Isaac  Bartlett,  Jedediah  Holmes,  jun.  George  Russell,  to-  Persons  incor- 
gether  with  such  other  persons  as  already  have,  or  may  here-  P""^^*^^- 
after  associate  with  them,  their  successors  and  assigns,  be,  and 
hereby  are  made   a  corporation,  by  the  name  of  the  Kingston 
Cotton  and  Woollen  Manufactory,  for  the  purpose  of  manufac- 
turing cotton  and  woollen  in  the  town  of  Kingston,  in  the  coun- 
ty of  Plymouth,  and  for  this  purpose  shali  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties  and  requirements 
contained  in  an  Act  passed  in  the  year  of  our  Lord   one   thou- 
sand  eight   hundred   and  nine,  entitled  "  An  Act  defining  the  (I8O8  cb.  65.) 
general  powers  and  duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may  be 
lawfully  seized  of  such  real  estate,  not  exceeding  the  value  ^^'■"^'^  *"  hoia 
of  twenty  thousand  dollars,  and  such  personal  estate,  not 
exceeding  the  value  of  fifty  thousand  dollars,  as  may  be  ne- 
cessary and  convenient  for  establishing  and  carrying  on  the 
manufactory  of  cotton  and  woollen  in  Kingston  aforesaid.  [Feb. 
22,1811.] 


312 


1810. 


Chap.  59. 


Chap.  59. 


Persons  incor 
porated. 


Number  of 
trustees  limit- 
ed. 


Vacancies  sup- 
plied. 


Improvement 
of  funds,  &c. 


An  Act  to  incorporate  certain  persons,  therein  named,  as  trustees,  to  improve 
and  manage  a  fund  towards  the  support  of  Grammar  Schools  in  the  town  of  Lin- 
coln. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Represtnttt' 
tives^  in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Grosvenor  Tarbell,  Elijah  Fisk,  and  Charles  Wheeler, 
be,  and  they  are  hereby  made  and  constituted  a  body  politic 
and  corporate,  by  the  name  of  the  Trustees  of  the  Grammar 
School  Fund,  in  the  town  of  Lincoln,  in  the  county  of  Middle- 
sex, and  they  and  their  successors  shall  be  and  continue  a  body 
politic  and  corporate,  by  that  name  forever,  and  may  have, 
keep  and  use  a  common  seal,  which  they  may  alter  and  renew 
at  pleasure,  and  by  the  name  aforesaid,  may  sue  and  be  sued 
in  all  actions  real,  personal,  or  mixed,  and  may  prosecute  and 
be  prosecuted  to  final  judgment  and  execution,  by  the  name  of 
the  Trustees  of  the  School  Fund  in  Lincoln. 

Sect.  2.  Be  it  further  enacted.  That  the  number  of  the  said 
trustees  shall  never  be  more  than  five,  nor  less  than  three,  and 
a  majority  of  them  may  be  a  quorum  for  doing  business,  and 
the  senior  trustee  present  shall  act  as  president,  and  the  said 
trustees  shall  at  their  annual  meeting  appoint  a  treasurer  and 
clerk,  who  shall  be  sworn  to  the  faithful  performance  of  their 
duties,  and  the  treasurer  shall  give  bond,  with  sufficient  sure- 
ties, to  the  acceptance  of  the  said  trustees,  faithfully  to  account 
for  all  monies  or  other  property  belonging  to  the  said  school 
fund,  which  he  may  receive  into  his  care  by  virtue  of  this  Act; 
and  in  ca  e  of  the  death,  resignation,  removal,  misconduct,  or 
any  other  cause,  which  may  occasion  a  vacancy  in  the  number 
of  trustees,  the  town  at  their  annual  meeting,  or  at  any  other 
meeting,  may  fill  up  such  vacancy  or  vacancies,  and  the  said 
trustees  shall  receive  no  compensation  out  of  the  said  funds  for 
any  services  they  may  perform,  but  may  receive  such  compen- 
sation, when  made  by  a  special  grant  from  the  town. 

Sect.  3.  Be  it  further  enacted.  That  the  said  trustees  and  their 
successors  in  office,  be,  and  they  are  hereby  vested  with  full 
power  to  receive  into  their  hands,  all  monies  or  other  property, 
or  securities  therefor  already  received,  and  that  now  are,  or 
hereafter  may  be  be(|ueathed  or  given  to  the  said  school  fund ; 
and  it  shall  be  the  duty  of  the  said  trustees  to  use  and  improve 
such  funds,  or  real  estate  as  shall  be  vested  in  them  by  this 
Act,  with  due  care  and  vigilance,  so  as  best  to  promote  the  in- 
tention of  the  donor  or  donors  thereof,  and  shall  always  loan, 
upon  interest,  all  the  money  belonging  to  the  said  funds,  in  such 
sums  and  for  such  term  of  time,  not  exceeding  one  year,  as 
they  may  think  proper,  upon  the  bond  or  note  of  the  borrower, 
with  at  least  two  sureties  for  the  payment  thereof,  and  they 
shall  never  loan  any  sum  exceeding  three  hundred  dollars, 
without  a  mortgage  on  real  estate  to  the  value  of  three  times 
the  amount  of  the  sum  loaned,  as  collateral  security  for  the 
payment  thereof,  with  interest  annually,  and  it  shall  be  the  du- 
ty of  the  said  trustees  to  appropriate  the  interest  arising  from 
said  fund  towards  the  support  of  the  grammar  schools  in  the 
said  town  of  Lincoln. 


laio.- Chap.  59—61.  313 

Sect.  4.  Be  it  further  enacted,  That  the  treasurer  of  the  said  "Tj^^^J"'"'* 
trustees  shall  be  the  receiver  of  all  monies  and  efiecis  which  P°^^®^* 
may  be  due  and  coming  to  them  in  their  official  capacity,  and 
in  their  name  may  demand,  sue  for,  and  recover  the  same,  un- 
less prohibited  by  them  ;  and  the  said  treasurer  shall  have  the 
care  and  custody  of  all  the  monies  and  etfccts,  obligations  and 
securities,  for  the  i)ayment  of  money,  and  all  evidences  of  pro- 
perty belonging  to  the  said  school  fund,  and  shall  be  accounta- 
ble to  the  trustees  therefor,  and  shall  dispose  of  the  same  as 
they  shall  order  and  direct,  and  shall  render  an  account  of  his 
doings,  together  with  a  fair  and  regular  statement  of  the  pro- 
perty and  evidences  of  property  in  his  hands,  annually,  and  as 
often  as  he  may  be  thereto  required. 

Sect.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  Clerk's  duty. 
the  clerk,  at  the  expense  of  said  corporation,  to  provide  and 
keep  suitable  and  sufficient  books  for  their  records  and  ac- 
counts,  and  shall  have  the  charge  and  keeping  thereof,  and  of 
all  papers  and  documents  belonging  to  the  said  trust,  and  shall 
make  and  keep  a  fair  and  true  record  of  all  the  votes  and  pro- 
ceedings of  the  said  corporation,  and  shall  certify  the  same 
when  thereto  required  by  the  trustees,  and  he  shall  call  and 
notify  meetings  of  the  corporation,  when  directed  by  any  one 
or  more  of  said  trustee*;,  and  do  and  perform  all  other  duties 
incident  and  belonging  to  the  office  and  duty  of  clerk  of  the 
said  corporation,  and  he  shall  deliver  up  to  his  successor  m  of- 
fice all  the  records,  papers  and  documents  in  his  hands,  m  good 
order  and  condition. 

Sect.  6.  And  be  it  further  enacted,  That  any  Justice  of  the  I  eace  Justice  to  issue 
for  the  county  of  Middlesex,  upon  application  therefor,  is  here-  warrant. 
by  authorized  to  ^ssue  a  warrant,  directed  to  either  of  the  afore- 
said trustees,  requiring  him  to  notify  and  warn  a  meeting  of  the 
said  trustees,  to  meet  at  such  time  and  place  as  shall  be  ap- 
pointed in  said  warrant,  to  organize  the  said  corporation,  by 
the  appointment  of  its  officers.     [Feb.  22.  1811.] 

Kn  Act  authorizing  the  sale  of  the  ministerial  lauds  in  the  town  of  Teaiplcton,  in   ^  ^OP' 
the  county  of  Worcester,  to  raise  a  fund  for  the  suppoit  of  the  ministry. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  Flonse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  inhabitants  of  the  town  of  Templcton,  in    the  county  Authorized  to 
of  Worcester,  be,  and   they   are  hereby   authorized   by   their  sell  lands, 
a^^ent  or  agents,  to   be  duly  elected  by  a  majority  of  legal  vo- 
te^rs  of  said  town,  duly  convened  for  that  purpose, to  make  sale* 
of  all  the  ministerial  lands  in  said  town,  either  at  public  or  pri- 
vate sale,  and  the  said  agent  or  agents  be,  and  they  are   here- 
by authorized  to  sell  and  convey  in  fee  simple  all   the  ministe- 
rial lands  belonging  to  said  town,  and. to  make,  execute,   ac- 
knowledge  and   deliver  a  good  and   sufficient  deed   oi'/'eeds 
thereof;  which  deed  or  deeds  so  executed  and  delivered,  shall 
be  sufficient  in  law  to  transfer  and  convey  the  said  lands  in  fee 
simple  to  the  purchaser  or  purchasers. 

Sect.  2.  Be  it  further  enacted.  That  the  money  arising  from  Appropnation 
the  sale  of  said  lands,  shall  forever  remain  and  constitute  a  fund  °^  «i°»'«^- 
for  the  support  of  such  gospel  minister  or  ministers,  of  any  re- 
roh.  IV.  40 


314 


1810 


Chap.  61—64. 


TrustPes  ap- 
pointed. 


Trustee's  re- 
turn. 


Vacancies  sup- 
plied. 


Trustees  incor- 
porated. 


Chap,  63. 

1803  ch,  63. 


Chap.  64. 

1783  ch.  5. 
(V.  1.  p.  _51.) 


ligious  sect  or  denomination  as  now  are,  or  may  hereafter  he 
established  in  the  said  town  of  Templeton,  and  the  interest 
thereof  shall  be  annually  appropriated  for  that  purpose,  in  man- 
ner hereinafter  provided. 

Sect.  3.  Be  it  further  enacted,  That  the  selectmen  of  the  said 
town  of  Templeton  for  the  time  being,  and  their  successors  in 
office,  be,  and  they  hereby  are  appointed  trustees,  to  receive  and 
hold  all  the  money  which  may  accrue  from  the  sale  of  the  land 
aforesaid,  together  with  all  such  sums  as  may  be  hereafter  sab- 
scribed  for  the  purpose  aforesaid,  in  trust  for  the  use  and  bene- 
fit of  said  town,  the  interest  thereof  to  be  annually  applied  to- 
wards the  payment  of  the  salaries  of  the  several  gospel  minis- 
ters who  now  are,  or  hereafter  may  be  established  in  the  said 
town  of  Templeton,  in  such  proportions  as  a  major  part  ot  said 
trustees  shall  deem  just  and  reasonable. 

Sect.  4.  Be  it  further  enacted.  That  said  trnsiees  shall  make 
an  annual  return  in  writing  of  their  proceedings,  and  lay  the 
same  before  the  said  town  of  Templeton  in  March  or  April,  for 
their  inspection. 

Sfxt.  5.  Be  it  further  enacted.  That  the  inhabitants  of  said 
■  town  may  at  any  lawful  meeting,  duly  warned  fjr  (hat  purpose, 
remove  any  of  the  said  trustees  from  their  said  office,  and  ap- 
point others  in  their  stead,  and  also  in  case  of  the  death,  resig- 
nation or  removal  of  any  of  said  trustees  or  their  successors,  to 
fill  up  any  vacancy  that  may  so  happen  from  time  to  time. 

Sect.  6.  ^e  it  further  enacted,  That  the  said  trustees  and  their 
successors  in  office,  be,  and  they  hereby  are  constituted  and 
appointed  a  corporation  and  body  politic,  by  the  name  of  the 
Trustees  of  the  Templeton  Ministerial  Fund,  and  by  that  name 
may  sue  and  be  sued  in  all  actions,  and  pursue  and  defend  the 
same  to  final  judgment  and  execution,  and  shall  in  all  other  re- 
spects have  and  exercise  the  same  powers  which  belong  tooth- 
er corporations  by  the  laws  of  this  Commonwealth.  {Feb.  25, 
1811.] 

An  Act  to  repeal  a  part  of  an  Act,  entitled  "  An  Act  to   repeal  certain  Acts  con- 
cerning meadows  and  beach 's  in  the  north  part  of  Harwich. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  so  much  of  an  act,  passed  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  nine,  as  repealed  an  act  entitled 
"  An  act  in  addition  to  an  act  made  and  passed  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  sixty-one,  entitled 
An  act  to  prevent  damage  being  done  on  the  meadows  and 
beaches  lying  in,  and  adjoining  on  the  north  side  of  the  town 
of  Harwich,  between  Skeket  harbour  on  the  east,  and  Quivet 
harbour  on  the  west,"  be,  and  hereby  is  repealed.  [Feb.  25, 
1811.]  ^  f  L  : 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  for  incorporating  the  Proprietors 
of  Mattakessett,  Creeks  (so  called)  in  the  town  of  Edgartown,  in  the  County 
of  Dukes  County,  into  a  body  politic,  by  the  name  of  Tne  Proprietors  of  the 
Mattakesset  Creeks,  and  also  for  the  regulating  and  better  improving  the  low 
grounds  and  meadows  adjoiniug  the  said  Creeks,  and  Great  Pond  (so  called)  iu 
the  siid  town." 

BE  it  enacted  by   the   Senate  and   House  of  Representatives, 


1810. Chap.  64—69.  315 

in  General  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  p  issing  of  this  act,  a  line  drawn  south  from 
the  most  easterly  part  of  a  point  of  land  called  Cattama  Point, 
across  Mattakessett  Bay  (so  called)  to  the  South  Beach,  shall 
be  considered  and  known  as  a  boundary  line  between  the  said 
proprietors  and  others,  and  that  the  channels  and  waters  to 
the  westward  of  said  described  line  within  the  said  Bay,  shall 
be  consiriered  and  understood  as  being  at  or  near  the  mouths 
of  said  Creeks,  so  far  as  the  Ale^vives  Fishery  shall  be  effect- 
ed thereby,  any  thing  in  the  act  to  which  this  act  is  in  addition 
to  the  confrary  notwithstanding.     [Feb.  2.5,  1811.] 

An  Act  for  allowing  a   turther  time  to  the  Housatonic  River  Tuiiipike  Coiporalii)n    Chap,  67. 
to  ronipl  ti*  their  roarl. 

BE  if  enacted  by  the  Senate  and  House  of  Representatives,  in  lao?  ch'.  93! 
General  Court  assembled,  and  by  the  authority  of  the  same.  That  I8O8  ch.  49. 
a  fp.rlher  tim^^  of  two  years  from  the  passing  of  this  act,  be 
allowed  the  Housatonic  River  Turnpike  Corporation  for  com- 
pleting said  road  ;  and  said  Corporation  shall  be  entitled  to 
all  the  privileges  which  they  now  have,  and  be  subject  to  all 
the  duties  to  which  they  are  now  liable,  any  thing  in  the  ori- 
ginal act  of  incorporation  to  the  contrary  notwithstanding. 
[Feb.  25,  1811.]     Further  act— 1816  ch.  34  :   1820  ch.  5. 

An  Act   to  incorporate  a  number  of  persons  in  the   town  of  Amesbiiry,  as  a   re-    Chopm  69. 
ligious  societ}',  l)y  the  name  of  The  First  Baptist  Society  in  Amesbury. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre'^en- 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  B:>.rzillia  Colby,  Barzillia  Colby,  jun.  Valentine 
Colby,  Valentine  Colby,  jun.  Joshua  Colby,  David  Currier,  poraied. 
Nathan  Currier,  Richard  Currier,  James  Davis,  Abigail  Far- 
rington,  Samuel  Farrington.  Ebcnezer  Farrington,  Daniel  Hoyt, 
Daniel  Hoyt,  jun.  Daniel  Hoyt,  3d,  John  B.  Hoyt,  Jacob 
Hoyt,  jun.  Nathan  Huse,  Johnson  Jenny,  Anthony  Kelly,  Sam- 
uel Kelley,  Isaac  Men-ill,  Isaac  Merrill,  jun.  John  Merrill,  John 
Merrill,  jun.  Joshua  Merrill,  Moses  Morse,  Daniel  Mcrse,  John 
Morse,  John  Morse,  jun.  Enoch  Nichols,  Enoch  Nichols,  jun. 
Moses  Sargent,  Joshua  Sargent,  3d,  Isaac  Tukesbury,  and  Da- 
vid Tukesbury.  together  with  their  families,  polls,  and  estates, 
and  such  others  as  may  hereafter  associate  with  them  and 
their  successors,  according  to  the  provisions  of  this  act,  be, 
and  they  are  hereby  incorporated  as  a  religious  society,  by 
the  name  of  The  First  Baptist  Society  in  Amesbury,  with  all 
the  powers  and  privileges  of  other  religious  societies,  accord- 
ing to  the  Constitution  and  Laws  of  this  Commonwealth. 

Sect.  2.  Beit  enacted.  That  any  person  in  said  town  of  Method  of 
Amesbury,  who  may  at  any  time  hereafter  actually  become  Joifl^igthe 
a  member  of,  and  unite  in  religious  worship  with  the  said  Bap- 
tist Society,  and  give  in  his  or  her  name  to  the  Clerk  of  the 
town,  and  also  to  the  Clerk  of  the  parish  to  which  he  or  she 
did  formerly  belong,  and  receive  a  certificate  of  admission, 
signed  by  the  Minister  or  Clerk  of  the  said  Baptist  Society,  fif- 
teen days  previous  to  the  annual  meeting  of  the  said  society, 
which  certificate  shall  set  forth  that  he  or  she  has  constantly  at- 


316 


1810. 


Chap.  (39—70. 


Proviso. 


Justice  to  is- 
sue warrant. 


Chap,  70. 


Preamble. 


Persons  incor- 
porated. 


Possession 
of  pioperty 
allowed. 


Proviso. 


Power  to  act. 


tended  public  worship  with  said  Baptist  Society  for  at  least 
one  year  previous  to  his  receiving  such  certificate,  such  per- 
son sh.ill,  from  and  after  the  giving  in  of  sucb  certificate,  with 
his  or  her  polls  and  estates,  be  considered  as  a  member  of 
the  said  society.  Provided  however,  that  such  person  shall  be 
held  to  pay  his  or  her  proporiion  of  all  monies  assessed  or 
voted  in  the  parish  or  society  to  which  he  or  she  belongs  pre- 
vious to  that  time. 

Sect.  3.  Jnd  be  it  further  enacted.  That  any  Justice  of  the 
Peace  for  the  County  of  Essex,  is  hereby  authorized  to  issue 
his  warrant,  directed  to  some  freeholder,  a  member  of  the 
said  Baptist  Society,  requiring  him  to  notify  and  warn  the 
niembfrs  thereof  to  meet  at  such  convenient  time  and  place 
as  shall  be  appointed  in  said  warrant,  to  organize  the  said  so- 
ciety, by  the  appointment  of  its  officers,     [i^efe.  23,  1811.] 

An  Act  to  incorporate  and  establish    a  society,    b}'  the    name  of  The  Berkshire 
Agiicultural  Society,  for  the  promotion  of  Agriculture  and  Manufactories. 

WHEREAS,  by  the  Constitution  of  this  Commonwealth,  it 
is  made  the  dufy  of  the  Legislature  ''to  encourage  private  so- 
cieties rnd  public  institutions,  rewards  and  immunities  for  the 
promotion  of  agriculture,  arts,  sciences,  commerce,  trades,  man- 
ufactures, and  a  natural  history  of  the  country;"  and  whereas 
these  objects  will  he  greatly  promoted  by  the  establishment 
of  a  society  for  these  purposes  in  the  County  of  Berkshire, 
and  divers  persons  having  petitioned  this  Court  to  be  incor- 
porated into  a  society — Therefore, 

Sect.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  said  petitioners,  viz.  Elkanah  Watson,  Ezekiel 
Bacon,  John  B.  Root,  Thomas  B.  Strong,  Caleb  Hyde,  John 
Chamberlain,  Samuel  H.  Wheeler,  together  with  such  others 
who  shall  become  members  thereof,  be,  and  they  hereby  are 
incorporated  into  and  created  a  body  politic  and  corporate 
forever,  by  the  nam.e  of  The  Berkshire  Agricultural  Society, 
for  the  promotion  of  agriculture  and  manufactures. 

Sect.  2.  Be  it  further  enacted.  That  the  said  Corporation 
are  hereby  declared  and  made  capable  in  law  of  purchasing, 
taking  and  holding  in  fee  simple,  or  any  estate  of  a  different 
tenure,  whether  by  purchase,  devise,  or  otherwise  howsoever, 
any  lands,  tenements,  or  other  estate,  real  or  personal ;  pro- 
vided, that  the  annual  income  of  the  said  real  and  personal  es- 
tate shall  not  exceed  the  sum  of  five  thousand  dollars,  and 
may  also  sell,  alien,  devise  or  dispose  of  the  same  estate,  real 
and  personal,  but  not  to  use  the  same  in  trade  or  commerce. 

Sect.  3.  Be  it  further  enacted,  That  the  said  corporation 
shall  have  full  power  and  authority  to  create  and  use  a  com- 
mon seal,  and  the  same  alter  and  renew  at  their  pleasure,  and 
the  said  corporation  is  hereby  made  capable  to  sue  and  be 
sued,  to  plead  and  be  impleaded,  and  to  act  and  transact  any 
matters  and-things  in  courts  of  law,  whether  of  record  or  oth- 
erwise, ^nd  in  all  places  whatsoever,  and  in  all  actions,  real, 
personyil,  or  mixed ;  and  further  may  do  generally  all  such 


1810. Chap.  70—74.  317 

other  matters  and  things  as  shall  appertain  to  them  as  a  cor- 
poration. 

Sect.  4.  Be  it  further  enacted,  That  the  said  Corporation 
may  moke,  declare  and  put  in  execution,  all  such  laws  and 
regulations  as  may  be  necesary  to  the  well  being  and  govern- 
ment of  the  said  society,  provided  the  same  shall  not  be  re-  Proviso, 
pugnant  in  any  respect  to  the  laws*  and  constitution  of  this 
Commonwealth;  and  for  the  governing  of  the  said  corporation, 
and  ordering  of  all  their  affairs,  they  hereby  have  authority 
to  elect  and  appoint  all  such  officers  as  thej*  shall  think  pro- 
per, and  all  officers  that  shall  be  leo;ally  appointed  in  pursu- 
ance of  the  laws  and  regulations  of  the  said  Corporation,  for 
the  purposes  aforesnid,  are  herebj;^  authorized  to  exercise 
such  power  and  discharge  all  such  duties  as  shall  be  provid- 
ed for,  or  contained  in  the  said  laws  and  regulations;  and  the 
said  corporation  may  from  time  to  time  admit  persons  to  be-  Admission  oi 
come  members  thereof,  as  shall  be  provided  for  in  their  regu-  members, 
lafions. 

Sect.  5.  Be  it  further  enacted,  That  Samuel  H.  Wheeler,  Timeof 
Esq.  is  hereby  authorized  to  appoint  the  time  and  place  in  ^olmecf.  ^' 
said  Pitlsfield,  for  holding  the  first  meeting  of  the  said  socie- 
ty, and  to  notify  the  members  thereof,  by  publishing  the  same 
in  one  or  more  newspapers,  printed  in  the  said  County  of 
Berkshire,  at  least  fourteen  days  previous  to  the  day  of  meet- 
ing; and  he  shall  preside  at  the  said  meeting,  and  cause  the 
same  to  be  dulj''  organized,  according  to  the  regulations  of  the 
said  society,  and  shall  record  or  cause  to  be  recorded  in  the 
society's  book  of  records,  for  that  purpose,  all  such  his  pro- 
ceedings, and  attest  the  same,  which  shall  be  t^ken  and  allow- 
ed as  full  evidence  thereof. 

Sect.  6.  Be  it  further  enacted,  That  the  Legislature  shall 
have  power  to  alter,  amend,  or  repeal  this  act  whenever  they 
shall  think  the  public  good  may  require  it.     [Feb.  25,  1811.] 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  to  incorporate  the  Wardens  and  QhaVt  74 

VestiymHn  of  tlie  Episcopal  Chiircii  of  St.  Andrew's,  in  Scituate,  into   a  socie-  -na    u 

ty,  by  the  name  of  The  Episcopal  Protestant  Society  of  St.  Andrew's  Church,  in  I]?  „         ,«/»  ^ 

Scituate,"  passed  the   twenty-third  of  February,  one  thousand  seven  hundred  (.*•*•?•  l*"") 
and  ninety-seven, 

WHEREAS,  The  Episcopal  Protestant  Society  of  St.  An- 
drew's Church,  in  Scituate,  represent  that  they  have  lately 
erected  a  house  for  public  worship  within  the  bounds  of  the  Preamble. 
town  of  Hanover,  where  a  principal  number  of  the  members 
of  that  society  at  this  time  reside ;  and  pray  for  some  altera- 
tions in  their  coi'porate  name  and  capacities,  conformably  to 
the  present  situation  and  circumstances  of  the  said  society. 
Therefore, 

Sect.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  Wardens  and  Vestry,  and  members  of  the  said  g^nized  °^' 
Episcopal  Society,  be  permitted  and  authorized  to  take  the 
name  of  The  Episcopal  Parish  of  St.  Andrew's  Church;  by 
that  name  hereafter  to  sue  and  be  sued,  implead  and  be  im- 
pleaded, and  to  have  and  retain  the  estate,  real  and  personal, 


318 


1810. 


Chap.  74. 


Method  of 
joining  tiie 
society. 


Proviso. 


MethoH  of 
leaving  the 
society. 


Power  to  sell. 


Proviso. 


(1816  eh.  106 


Collection  of 
taxes. 


and  all  the  rights,  dues,  powers  and  privileges,  and  to  be  liable 
to  the  debts,  duties  and  contracts,  of  the  said  Episcopal  Pro- 
testant Society  of  St.  Andrew's  Chnrch,  in  Scituatc. 

Sect.  2.  Be.  it  further  enacted,  That  each  and  every  per- 
son, who  is  or  shall  become  a  proprietoi-,  or  interested  by 
subscription,  purchase,  or  otherwise,  in  the  house  for  public 
worship,  called  St.  Andrew's  Church,  lately  erected  by  the 
said  society  in  Hanover,  in  the  County  of  Plymouth,  and  any 
person  proposing  to  attend  public  worship  there,  not  being 
heretofore  a  member  of  the  said  society,  who  shall  enter  his 
or  her  name,  and  request  to  become  a  member  with  the  War- 
dens and  Vestry,  or  with  the  Clerk  of  the  said  society,  shall 
be  deemed  taken  and  entitled,  and  they  with  their  estates  shall 
be  liable  in  all  lawful  taxes  and  assessments,  as  members  of 
the  said  Episcopal  Society  and  Parish.  And  the  members  of 
the  said  Episcopal  Society  and  Parish  shall  be,  and  they  with 
their  estates,  hereby  are  exempted  from  all  other  taxes  and  as- 
sessments for  the  support  of  public  worship  in  the  town  or  pa- 
rish where  they  may  respectively  reside.  Provided,  that  per- 
sons hereafter  "becoming  members,  shall  give  notice  thereof  in 
writing  to  the  assessors  or  clerk  of  the  parish  or  town  where 
they  reside,  and  until  such  notice,  shall  not  be  entitled  to  the 
exemption  aforesaid:  Jind  provided,  that  persons  withdrawing 
ffom  the  snid  Episcopal  Society  and  Parish,  who  shall  give  no- 
tice thereof  in  writing  to  the  Wardens  and  Vestry,  or  Clerk 
for  the  time  beinsr,  shall  be  no  longer  liable  in  an}'  taxes  or 
assessments,  afterwards  granted  and  voted  therein;  and  they, 
with  their  estates,  shall  become  again  liable  and  holden  in  all 
other  taxes  and  duties  for  the  support  of  public  worship  in  the 
parish  or  town  where  they  may  rc'^pectively  reside,  and  as 
other  inhabitants  there,  not  entitled  to  any  special  exemption, 
are  or  shall  be  by  law  li.ible  and  holden. 

Sect.  3.  Be  it  further  enacted.  That  the  said  Episcopal  Pa- 
rish of  St.  Andrew's  Church,  shdl  be  able  and  capable  to 
take  and  hold,  by  gift,  grantor  purchase,  any  real  or  personal 
estate,  and  to  manage,  sell  and  dispose  of  the  same  ;  and  for  that 
purpose  shall  have  a  common  seal,  to  be  established,  altered 
and  renewed  at  their  pleasure.  Provided,  that  the  real  estate 
holden  by  them  at  any  one  time,  shall  not  exceed  in  annual 
income  or  value,  the  sum  of  four  thotj'^and  dollars;  and  pro- 
vided, that  no  sale  thereof  shall  be  valid  and  eflecfual,  unless 
the  same  shall  be  made  with  the  concurrence  of  their  minister, 
)  if  any,  and  of  two  thirds  at  least  of  the  proprietors  of  pews 
in  the  said  church,  being  members  of  the  said  society. 

Sect.  4.  Be  it  further  enacted,  That  the  said  Episcopal 
Parish  shall  have  the  same  authorities  and  powers  in  granting, 
voting,  assessing  and  collecting  taxes  for  the  maintenance  of  a 
minister  and  the  support  of  public  worship,  which  congrega- 
tional parishes  have  or  may  enjoy,  by  virtue  of  any  general 
statute  of  thisCommonwealth.  And  assessments  of  taxes  lawfully 
granted  and  made  for  the  said  Eniscopal  Parish,  remaining  due 
and  unpaid  after  six  months  notice  thereof,  shall  be  recovera- 


1810. Chap.  74—77.  319 

ble  by  an  action  at  law,  in  their  name  to  be  brought,  as  for  sums 
of  money  due  and  owing  to  the  said  parish,  against  the  par- 
ties liable  therefor,  their  executors  or  administrators. 

Sect.    5.     Be  il  further  enacted,  That  the   first  meeting  of  „.       ^ 
the  said  Episcopal  Parish,  shall  be  holden  on  Easter  Monday,  holding 
being  the  fifteenth  day  of  April  next ;  and  an   annual  meeting  meetings, 
of  the  said  parish  shall  he  afterwards  holden  on   Easter  Mon- 
day in  every  year,  at  their  said  church,  in  Hanover,  or  such 
other  place  and  at  such  hour  of  the  day  as  their  Wardens  and 
Vestry  for  the  time  being  shall  or  may  appoint.     And  at  such 
first  meeting,  and   at   such  annual    meeting  afterwards,  or  at 
some  adjournment  thereof,  the  members  of  the  said  Episcopal 
Parish  there  assembled,  shall  choose  their  Wardens  and  Ves-  Election  of 
try.  Clerk,  Treasurer,  and    any  ofher   suitable  officer  or  offi-  officers. 
cers,  for  the  management  of  the  affairs  of  the   said  Corpora- 
tion ;  and  the  annual  taxes  and  assessments  of  the  said  parish, 
shall  and  may  be  voted  and  granted  ;  and  by  standing  rules, 
or  otherwise,   the   mode  of  assessing  and    collecting  taxes,  of 
calling  and  notifying  meetings,  and  the  duties  and  authorities 
of  the  Wardens  and  Vestry,  and  other  officers  of  the  said  cor- 
poration, and    the  manner  in  which  vacancies  happening  by  Powers  ana 
death,  resignation  or  otherwise,  shall  be  supplied,  shall  and    "^'^^' 
may  be  agreed  upon  and  determined.     \_Feb.   25,    1811.]     See 
1816  ch.  106. 

An  Act  supplementary   to    "An  Act  establishing  The  Sixteenth  Mafisachusetts  Chcip,  76. 
Turnpike  Coipoiation."  1802  ch.  67. 

BE  it  enacted  hii  the  Senate  and  House  of  Representatives,  in  iY'^'.^'l^:).^ 

j~i  I  /".  Ill  111  I       •  /■    I  rr-L        1807  ch.  87. 88. 

(jrtneral  Lourt  assembled,  and  by  tlie  authority  oj  the  same,  Inat 
a  further  time  of  two  years  from  the  fourteenth  day  of  Febru- 
ary, one  thousand  eight  hundred  and  eleven,  be,  and  hereby  is 
allowed  to  said  corporation  to  complete  their  said  Turnpike 
Road,  any  thing  in  the  original  act  of  incorporation,  or  any 
additional  Act  to  the  same  Act  heretofore  passed  to  the  con- 
trary notwithstanding.     \^Feb.  25,  1811.] 

An  Act  establishing  The  Sandj'  Bay  Pitr  Connpany.  Chap,  77. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Josiah  Haskell,  jun.  David  Story,  and  Nehemiah  Persons incor- 
Knowlton,   and   all   such   persons  as  arc  or  shall  be  associated  porated* 
with  them  and  their  successors,  shall  be  a  corporation,  by  the 
name  of  The  Sandy   Bay   Pier  Company,  and  shall  by  that 
name  sue  and  be  sued,  implead   and   be  impleaded,   and  shall 
and  may  appear,  prosecute  and  tiefend   in   all   actions  or  suits 
for  or  against  them,  until   final  judgment,  execution  and  satis- 
faction;  and  they  shall  have  a  common  seal,  and  shall  be  ca- 
pable in  law  to  take  by  purchase  or  otherwise,  and  to  hold  and 
convey  real  estate  ;  Provided,  that  the  whole  real  estate  which  Proviso, 
the  company  may   at  any  one  time  hold   or  possess,   in   their 
corporate  capacity,  shall  not  exceed  thirty  thousand  dollars  in 
value. 

Sect.  2.     Be  it  further  enacted.  That  the  said  Pier  shall  be  Conditions  of 
erected  upon  the  westerly  side  of  Bearskin  Neck  (so  called)  in  bwjidjng. 


32# 


1810. 


Chap.  77—83. 


Time  of  meet- 
ing. 


Sandy  Bay,  in  Gloucester,  in  the  county  of  Essex,  to  be  built 
of  stone,  and  to  commence  at  a  sufficient  distance  from  high 
water  mark,  and  to  run  south  eighty-four  degrees  west  to  a  turn, 
thence  to  continue  with  a  southerly  inclination  to  the  channel, 
the  whole  distance  being  two  hundred  and  eighty-seven  feet, 
more  or  less,  nnd  to  be  not  less  than  sixty  feet  wide  throughout, 
together  with  a  projection  twenty  feet  square,  adjoining  the 
head  of  said  pier,  upon  the  south  side. 

Sect.  3.  Be  it  further  enacted.  That  the  said  Haskell,  Story, 
and  Knowlton,  or  either  of  them,  may  ca'l  a  meeting  of  said 
corporation,  by  advertising  the  same  in  any  of  the  public 
newspapers  printed  in  the  county  of  Essex,  at  least  ten  days 
before  the  time  of  meeting,  and  ai  that  or  any  other  leg;al  meet- 
ing, the  said  corporation  may  agree  on  the  mode  of  calling 
and  warning  future  meetings,  and  may  elect  a  President,  Trus- 
tees, Clei'k,  or  such  other  officers  as  they  may  m(he  fit  for  the 
orderly  conducting  of  their  affairs,  and  the  prudent  manage- 
ment of  their  estate,  and  such  officers  at  their  pleasure  may 
change  or  remove;  and  at  all  their  meetings,  the  proprietors 
present  may  vote  according  to  their  interest  in  said  property, 
allowing  one  vote  to  each  share  :  Provided  hozoevcr,  that  no 
person  shall  have  more  than  five  votes,  and  absent  proprietors 
may  vote  by  proxy,  authorized  in  writing,  and  the  proprietors 
of  said  corporation  may  at  any  legal  meeting,  adopt  such  by- 
laws, rules  and  regulations,  as  sh\11  be  necessary  and  conve- 
nient for  the  management  of  their  affairs,  provided  the  same  are 
not  repugnant  to  the  laws  or  constitution  of  this  Common- 
wealth. 

_ Sect.  4.     Be  it  further  enacted.  That  the  shares  of  any  per- 

hording" shares.  SOU  in  said  Pier  Company  may  be  attached  on  mesne  process, 

or  taken  and  sold  on  execution,  in  the  manner  pointed  out  by 

(1804  ch.  83.)    an  Act,  entitled,  "An  Act  directing  the  mode  of  attaching  on 

mesne  process,  and  selling  by  execution,  shares  of  debtors  in 

incorporated  companies." 

Sect.  5.  Be  it  further  enacted,  That  the  shares  of  each  pro- 
prietor, in  said  corporate  property,  shall  be,  and  be  considered 
in  all  respects  personal  estate,  and  shall  be  transferred  in  such 
manner  as  the  proprietors  by  their  by-laws  shall  provide  and 
direct.     [Feb.  25,  IS\U] 


Proviso. 


Manner  of 


Chap.  83. 


Preamble. 


An  Act  to  Incorporate  The  Bible  Society  of  Salem,  and  its  vicinity. 

WPIEREAS,  the  persons  hereafter  named,  with  many 
other  citizens  of  this  Commonwealth,  have  formed  themselves 
into  a  society,  for  the  purfiose  of  raising  a  fund  l>y  voluntary 
contribution,  to  be  appropriated  in  procuring  Bibles  and  Tes- 
taments, of  the  version  in  common  use  in  the  churches  of  New- 
England,  for  distribution  among  all  persons  inhabiting  within 
the  State  or  elsewhere,  who  are  destitute  of  the  sacred  scrip- 
tures, and  who  cannot  be  conveniently  supplied  without  the 
aid  of  others;  and  whereas,  in  order  that  the  pious  and  lauda- 
ble objects  of  said  society  may  be  hetier  carried  into  effect, 
and  the  charity  of  said  society  more  extensively  diffused,  they 
have,  by  thfeir  committee,  prayed  for  an  Act  of  incorporation. 


1810.- Chap.  83.  321 

Sect.  I.  Be  it  enacted  by  the  Senate  and  House  of  Representtt' 
tives^  in  General  Court  assembled,  and  by  the  autkority  of  the 
same,  That  the  Honourable  Israel  Ihorndike,  Reverend  Ma- pe^g^jj^  jjj^j. 
nasseh  Cutler,  LL.  D.  Rev.  Benjamin  Wadsworth,"  Rev.  The-  porated. 
mas  Barnard,  D.  D.  Rev.  John  Prince,  LL.  D.  Rev.  Samuel 
Worcester,  Mr.  William  Orne,  Rev.  Abiel  Abbot,  Moses  Brown, 
Esq,  Rev.  RufuS  Anderson,  Hon.  Timothy  Pickering,  Hon. 
Wiliiam  Reed,  and  Captain  Jonathan  Ingersol,  together  with 
those  who  have  associated  and  who  may  hereafter  associate 
with  them,  for  the  purposes  aforesaid,  be,  and  they  hereby  are 
incorporated  into  a  societ}'',  by  the  name  of  The  Bible  Society 
of  Salem,  and  its  vicinity. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Israel  Thorn-  possession  of 
dike  and  others,  Vviih  their  associates,  shall  be,  and  remain  a  P'operty  al- 
bodv  corporate,  by  the  said  name  and  title  during  the  pleasure 
of  the  Legislature,  and  may  have  a  seal,  which  they  may  alter 
at  pleasure;  and  the  said  society  shall  be  capable  of  taking 
and  receiving  from  any'  persons  disposed  to  aid  the  brncvolent 
purposes  of  this  institution,  any  grants  or  devises  of  lands  and 
tenements,  in  fee  simple  or  otherwise,  and  donations,  bequests, 
and  subscriptions  of  money  or  other  property,  to  be  used  and 
improved  for  the  purposes  aforesaid. 

Sect.  3.  Be  it  further  enacted,  That  the  said  corporation 
shall  be,  and  hereby  are  empowered  to  purchase  and  hold  any 
real  estate,  other  than  that  which  may  be  given  as  aforesaid. 
Provided,  That  the  value  of  the  whole  estate,  real  or  personal  Proviso, 
of  said  society,  shall  not  exceed  the  sura  of  one  hundred  thou- 
sand dollars. 

Sect.  4.  Be  it  further  enacted,  That  the  said  society  may 
sue  and  be  sued,  in  their  corporate  capacity,  and  may  appoint 
an  agent  or  agents,  to  prosecute  and  defend  suits,  with  power 
of  substitution. 

Sect.  5.     Be  it  further  enacted,  That  said  society  may  choose  Officers  to  be 
a  President,  Vice  President,  Treasurer,  Secretary,  Trustees,  elected. 
and  such  other  officers  as  they  shall  see  fit,  and  may  make  aod 
estabhsh  such  rules   and   regulations   as   to  them  shall  appear 
necessary.     Provided  the  same  be  not  repugnant  to  the  laws  or 
constitution  of  this.  Commonwealth. 

Sect.  6.  Be  it  further  enacted,  That  Israel  Thorndike  and  Time  of  hoid- 
Manasseh  Cutler,  or  either  of  them,  be,  and  they  are  hereby  »ng  meeting, 
authorized,  by  notification  in  the  Salem  Gazette  and  Essex 
Register,  to  appoint  the  time  and  place  of  the  first  meeting  of 
said  society,  at  which  meeting  the  said  society  may  appoint 
the  time  and  place  of  their  annual  and  other  meetings,  and  the 
maimer  of  notifying  the  same ;  may  choose  the  officers  afore- 
said, may  prescribe  their  duty,  and  may  vest  in  the  trustees, 
(the  number  of  which  may  be  determined  by  the  said  society, 
but  shall  not  exceed  thirty,)  such  powers,  conformable  to  the 
principles  of  this  institution,  as  shall  be  deemed  necessary. 
[Feb.  26,  \  81  U] 

VOT,.    TV.  41 


322 


1810. 


Chap.  85. 


persons  incor 
porated. 


Chap,  85.        An  Act  to  establish   The   Baptist  and  Independent  Society  in  Chester,  in  th« 
•*  county  of  Hampshire. 

Sect.  1 .     BE  it  enacted  hy   the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  tht 
same,  That  Samuel  Bell,  Daniel  Bigelow,  Joseph  A.  Rust,  Sa- 
muel Russell,  Harvy  Bodurtha,  Daniel  Smith,  John  Stephens, 
James  Wilcox,  James  Nooney,  William  Nooney,  Grove  Wen- 
chell,  Noah  Ellis,  Samuel  Ormsby,    Daniel  Sizer,  Jonathan 
Webber,  jun.  Hiram  Moor,  Lewis  Wright,  Elisha  Wilcox,  Eli- 
sha  Wilcox,  jun.  Asa  Wilcox,   Samuel  Bell,  jun.   Aaron  Egles- 
ton,  William  Quigley,  jun.  James  Briggs,  Nathaniel  Goodwell, 
William  Henry,  Abner  Masters,  Cephas  Stow,   Samuel  Wait, 
Andrew  Henry,    Weeden  Stanton,    Samuel  White,    John  Ste- 
vens, William  Wythe,  Boswell  Moore,  Jonathan  Melven,  David 
Mann,  Silas  Griffin,  Nathan  Seward,   Roger  Gibson,   Samuel 
Sampson,  Edmund   Gilmore,    Martin   Calver,    Hezekiah  Els- 
worth,  Eli  Johnson,  William  Sizer,  jun.  James  Elder,   Azael 
French,  Ezekiel  Suire,  Zadock  Ingols,  James  Campbell,  second, 
Jere  Bodurtha,  Horace  Sizer,  Asher  Stanton,  Salathiel  Judd, 
Geore-e  Nye,  Asa  Ayers,  Stephen  Dewey,  John  Dewey,  Salah 
Day,"joshua  Stevens,   Martin  Phelps,  Moses  Warner,  George 
Stewart,  John   Warner,   Joel  Seward,  Abner  Smith,  Oihniel 
Belden,  Alven  Campbell,  Ira  Day,  Seth  Phelps,  Artemas  El- 
der, David  Wells,  John  C.  Bell,  James  Bell,  second,  William 
Hamilton,  Nathaniel  Coomes,  Samuel  Otis,  Seth  Wait,  Pharez 
Clark,  John  Hunter,  James  IngoUs,  Elijah  Mack,  Jacob  Day, 
James  Gilmore,  Charles  Calver,  Aaron  Hunter,  Joab  Smith, 
Jonathan  Wait,   Sylvester   Belden,   James  Flemming,  Joseph 
Shoats,  and  Matthew  Campbell,  together  with   such  others  as 
have  or  may  hereafter  associate  with  them   and   their  succes- 
sors, with  their  families,  polls   and  estates,  be,  and   they  are 
hereby  incorporated   into  a  religious   society,   by  the  name  of 
Society's  title.  The  Baptist  and  Independent  Society  in  Chester,  with  all  the 
powers  and  privileges  to  which  other  parishes  or  religious  so- 
cieties are  entitled  by  the  constitution  and  laws  of  this  Com- 
monwealth. 

Sect.  2.  Be  it  further  enacted.  That  any  person  in  the  town 
of  Chester,  being  of  the  Baptist  or  Independent  denomination, 
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  said  town  of  Chester, 
with  a  certificate  of  the  minister  or  clerk  of  said  society,  that 
he  or  she  has  actually  become  a  member  of  and  united  in  re- 
ligious worship  with  the  said  society,  fifteen  days  previous  to 
the  annual  town  or  parish  meetings,  shall,  from  and  after  giving 
in  such  certificate,  with  his  or  her  polls  and  estates,  be  consi- 
dered as  part  of  and  belonging  to  said  society. 

Sect.  3.  Be  it  further  enacted.  That  if  any  member  of  said 
society  shall  at  any  time  hereafter  see  cause  to  leave  the  same, 
and  unite  in  religious  worship  with  the  other  society  in  said 
town  of  Chester,  and  shall  declare  such  intention,  in  writing, 
to  the  minister  or  clerk  of  said  society,  fifteen  days  before  the 
first  Monday  of  March  in  such  year,  such  person  shall,  from 


Method  of 
joining  the  so 
ciety. 


Method  of 
leaving  the 
society. 


1810. Chap.  85—89.  323 

^nd  after  declaring  such  intention,  with  his  or  her  polls  and 
estates,  be  considered  as  belongino;  to  the  said  other  society. 

Sect.  4.  Be  it  further  enacted,  That  any  justice  of  the  peace  Justice  to  is. 
for  the  county  of  Hampshire,  is  hereby  authorized  to  issue  his  ^ue  warrant, 
warrant  to  some  member  of  said  Baptist  and  Independent  So- 
ciety, requiring  him  to  notify  and  warn  the  members  thereof 
to  meet  at  such  time  and  place  as  shall  be  appointed  in  said 
warrant,  for  the  choice  of  all  such  officers  as  other  parishes  or 
religious  societies  are  by  law  authorized  to  choose  in  the  month 
of  March  or  April  annually.     [Feb.  26,  1811.] 

An  Act  to  set  oflf  Gideon  Hawley,  Esq.  with  his  poll  and  estate  from  the  District   (^^fl«,  87« 
of  Marshpee,  to  the  town  of  Sandwich,  in  the  county  of  Barnstable.  ■* 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in  Gen-" 
»ral  Court  assembled,  and  by  the  authority  of  the  same,  That  Gi- 
deon Hawley,  Esq.  of  the  plantation  of  Marshpee,  in  the  coun- 
ty of  Barnstable,  with  his  poll  and  estate,  situate  in  Marshpee, 
aforesaid,  be  set  off  from  Marshpee,  aforesaid,  and  annexed  to 
the  town  of  Sandwich,  in  the  count}'  of  Barnstable,  and  that 
the  said  Gideon  be  entitled  from  the  passing  of  this  Act,  to  all 
the  rights  and  privileges  of  an  inhabitant  of  the  town  of  Sand- 
wich, aforesaid.     [Feb.  26,  1811.] 

An  Act  to  establish  the  Baptist  Society  of  Newbury  and  Newburyport.  C/lflp«  <oui 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Henry  Merrill,  Jesse  Dorman,  Ebenezer  Puicifer,  Joseph  Persons  incor- 
Young,  Joseph  Loveitt,  Jonathan  C.  Lewis,  John  Gilman,  W.  P°'^*® 
Gilman,  Eben  Runnells,  John  Knowlton,  Southey  Parker,  John 
Hale,  Dennis  O  Brien,  A bijah  Wheeler,  Emanuel  Seward,  John 
Page,  Thomas  Ordway,  Joseph  O  Brien,  Enoch  Pike,  James 
Brackett,  William  Holleday,  Robert  Pierson,  and  Billings  Put- 
nam, and  such  others  as  now  are,  and  hereafter  may  be  asso- 
ciated witli  them  in  their  particular  religious  persuasion  and 
belief,  with  their  polls  and  estates,  be,  and  they  hereby  are  in^ 
corporated,  by  the  name  of  the  Baptist  Society  of  Newbury 
and  Newburyport,  with  all  the  privileges,  powers  and  immuni- 
ties to  which  other  parishes  or  religious  societies  in  this  Com- 
monwealth are  entitled. 

Sect.  2.  Be  it  further  enacted,  That  any  person  who  may  jyjg^j^o^  ^f 
hereafter  actually  become  a  member  of,  and  unite  in  religious  joining  the  so- 
worship  with  the  said  Baptist  society,  and  shall,  fourteen  days  "ety. 
previous  to  the  annual  parish  meeting,  in  the  month  of  March 
or  April,  give  in  his  or  her  name  to  the  clerk  of  the  parish  to 
which  such  person  may  belong,  together  with  a  certificate,  sign- 
ed by  the  minister  or  clerk  of  said  Baptist  society,  setting  forth 
that  he  or  she  hath  actually  become  a  member  of  and  united 
in  religious  worship  with  said  Baptistsociety,  and  has  constant- 
ly attended  public  worship  with  the  same,  for  at  least  one  year 
preceding  the  date  of  such  certificate,  shall,  from  and  after  giv- 
ing such  certificate,  and  his  or  her  name  as  aforesaid,  be  consid- 
ered, with  his  or  her  polls  and  estates,  as  members  of  and  be- 
longing unto  said  Baptist  society.  Provided  however,  th^i  all  such 
persons  shall  be  holden  to  pay  their  proportion  of  all  monies  as- 
sessed in  the  parish  to  which  they  belonged  previous  to  that  time  ' 


324  1810. Chap.  89—93. 

Sect.  3.  Be  it  further  enacted,  That   when  any  member  of 

Method  of        g^j^  Baplist  societv  shall  see  cause  or  be  inclined  to  leave  said 

leaving  the  so-  .  ^        -.    .    .     <  ...  ,  .  .  ,  . 

ciety.  society,  and  join  in  religious  worship  with  any  other  society, 

and  shall,  fourteen  dajs  previous  to  their  annual  parish  meeting 
in  the  month  of  March  or  April,  leave  a  certificate  with  the 
clerk  of  the  Baptist  society  aforesaid,  signed  by  the  minister  or 
clerk  of  the  parish  with  which  he  or  she  hath  united  them- 
selves, setting  forth  that  he  or  she  hath  actually  become  a  mem- 
ber of,  and  united  in  religious  worship  with  such  other  parish 
or  religious  society,  and  has  constantly  attended  public  worship 
with  the  same  for  at  least  one  year  preceding  the  date  of  such 
certificate,  and  shall  pay  his  or  her  proportion  of  monies  voted 
'  in  said  Baptist  society  to  be  raised  previous  thereto,  such  per- 
son, with  his  or  her  polls  and  estate  shall,  from  and  after  giving 
such  certificate  to  the  clerkof  said  Baptist  society  as  aforesaid, 
be  considered  as  a  member  of  the  society  to  which  he  or  she 
hath  so  united. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the  Peace 
Justice  to  issue  for  the  county  of  Essex,  is  hereby  authorized  to  issue  his  war- 
warrant.  ^^^^  jQ  g^i^g  principal  member  of  said  Baptist  society,  requir- 
ing him  to  notify  all  the  members  thereof,  qualified  to  vote  in 
parish  affairs,  to  assemble  at  some  suitable  time  and  place, 
mentioned  in  said  warrant,  to  choose  all  such  officers  as  parish- 
es are  by  law  required  to  choose  in  the  month  of  March  or 
April  annually.     [Feb.  26,  1811.]     Add.  act— 1811  ch.  107. 

K/hap»  93«  An  Act  to  alter  the  Names  of  certain  persons  tlierein  named. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled^  and  by  the  authority  of  the  same.  That 
from  and  after  the  passing  of  this  Act,  Roger  King,  of  Brews- 
ter, in  the  county  of  Barnstable,  shall  be  allowed  to  take  the 
name  of  Elkanah  King  ;  that  Quintus  Carolus  Turner,  of  Scitu- 
ate,  in  the  county  of  Plymouth,  be  allowed  to  take  the  name  of 
Charles  Henry  Turner  ;  that  George  Hodges,  of  Salem,  in  the 
county  of  Essex,  be  allowed  to  take  the  name  of  George  Atkin- 
son Hodges  ;  that  John  Stinson,  of  Woolwich,  in  the  county  of 
Lincoln,  be  allowed  to  take  the  name  of  John  Robinson  Stin- 
son ;  that  Isaac  Rea,  and  Ebenezer  Rea,  both  of  Beverly,  in 
the  county  of  Essex,  be  allowed  to  take  the  surname  of  Ray  ; 
that  William  Caldwell,  the  fourth,  of  Newburyport,  in  the  coun- 
ty of  Essex,  be  allowed  to  take  the  name  of  William  Warner 
Caldwell ;  that  Molly  Clark,  of  Brewster,  iii  the  county  of 
Barnstable,  take  the  name  of  Mary  Paddock  Clark  ;  that  Wil- 
liam Bancroft,  jun.  of  Charlestovvn,  in  the  county  of  Middlesex, 
be  allowed  to  take  the  name  of  William  Austin  Bancroft;  that 
Abel  Coffin,  son  of  Jonathan  Coffin,  of  Nantucket,  in  the  coun- 
ty of  Nantucket,  take  the  name  of  Abel  C.  Coffin  ;  that  Dyer 
Peters,  of  Ellsworth,  in  the  county  of  Hancock,  take  the  name 
of  Edward  Dyer  Peters;  that  John  Saunders,  of  Danvers,  in 
the  county  of  Essex,  be  allowed  to  take  the  name  of  John  Wal- 
lis  Saunders ;  that  Jonathan  Crosby,  of  Stow,  in  the  county  of 
Middlesex,  be  allowed  to  take  the  name  of  Salvo  Crosby  ;  that 
William  Coolidge,  of  Boston,  in  the  county  of  Suffolk,  take  the 


]810. Chap.  03—96.  ^25 

name  of  William  Clark  Coolidge  ;  that  Alexander  Wheelock, 
of  Boston,  in  the  county  of  Suffolk,  be  allowed  to  take  the  name 
of  Abel  Wheelock  ;  that  Isaac  Foster,  of  Brunswick,  in  the 
county  of  Cumberland,  be  allowed  to  take  the  name  of  Ferris 
De  Ayr  Foster ;  that  Thomas  Davis,  of  Sidney,  in  the  county 
of  Kennebeck,  be  allowed  to  take  the  name  of  Charles  Stewart 
Davis  ;  that  Samuel  Derby,  of  Salem,  in  the  county  of  Essex, 
be  allowed  to  take  the  name  of  Samuel  Barton  Derby ;  that 
Samuel  Ayer,  the  third,  of  Haverhill,  in  the  county  of  Essex,* 
be  allowed  to  take  the  name  of  Samuel  W.  Ayer  ;  that  John 
Carter,  of  Boston,  in  the  county  of  Suffolk,  be  allowed  to  take 
the  name  of  John  S.  Carter  ;  that  John  Foster,  jun.  of  Boston, 
in  the  county  of  Suffolk,  son  of  the  Reverend  John  Foster,  of 
Brighton,  be  allowed  to  take  the  name  of  John  Standish  Fos- 
ter; that  John  Bacon,  of  Boston,  in  the  county  of  Suffolk,  be 
allowed  to  take  the  name  of  John  Arno  Bacon  ;  that  Alderman 
Hyde,  of  New  Marlborough,  in  the  county  of  Berkshire,  be  al- 
lowed to  take  the  name  of  James  Alderman  Hyde  ;  that  Asa 
Wilder,  of  New})uryport,  in  the  county  of  Essex,  be  allowed  to 
take  the  name  of  Asa  Waldo  Wilder  ;  that  Abijah  Peirce  Hoar, 
of  Charlestown,  son  of  Samuel  Hoar,  of  Lincoln,  in  the  county 
of  Middlesex,  be  allowed  to  take  the  name  of  Abijah  Hoar 
Peirce  ;  that  Peter  Brigham,  of  Boston,  in  the  county  of  Suf- 
folk, be  allowed  to  take  the  name  of  Peter  Welles  Brigham  ; 
flat  Peter  Thacher,  of  Boston,  in  the  county  of  Suffolk,  Esq. 
be  allowed  to  take  the  name  of  Peter Oxenbridge  Thacher; — 
and  each  of  the  persons  before  named,  shall  be  severally  al- 
lowed to  assume  the  said  names  respectively,  and  they  shall  in 
future  be  called  and  known  by  said  names,  and  the  said  names 
shall  hereafter  be  considered  as  their  only  proper  names,  to  all 
intents  and  purposes.     [Fe&.  26,  1811.] 

All  Act  to  incorporate  Ebenezer  Burt  and  others,  by  the  name  of  the  Ware  Min-    Chop,  96o 
ing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Ebenezer  Bm*t,  Thomas  Snell,Judah  Marsh,  Joseph  Luce,  persons  incoi- 
Ichabod   Randell,  Titus   Randell,   Lemuel   Randell,   Ichabod  porated. 
Randell,  Isaac  Burt,  Jabez  Town,  Ebenezer  Cutler,  Benjamin 
Rider,  Henry  Higgens,  Aquila  Collins,   Samuel  Pike,  and  Sa- 
muel Bent,  with   such  others   as   already   have  associated,  or 
may  hereafter  associate  with  them,  their  successors  and  assigns, 
be,  and  they  hereby  are  made  a  corporation,  by  the   name   of 
the  Ware  Mining  Company,  for  the  purpose  of  exploring,  dig- 
ging, and  working  any  ore,  minerals,  metals,  or  fossils,  in   the 
tomi  of  Ware,  in  the  county  of  Hampshire  ;  and  for  this  pur- 
pose shall  have  all  the  powers   and  privileges,  and  be  subject  Poxyersand 
to  all  the  duties  and  requirements  contained  in  an   Act  passed  '^"^'^^• 
the  third  day  of  March,  in  the  year  of  our  Lord  one   thousand    ^^^^  ^^  ^^ 
eight   hundred  and  nine,  entitled  "  An  Act  defining  the  gene-  *     *'' 

ral  powers  and  duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  company  may  be 
lawfully  seized  and  possessed  of  such  real  estate  within  the 


326 


1810. 


Chap.  96—100. 


Possession  of 
property  al- 
lowed. 


Chap,  100. 


Persons  incor- 
j^rated. 


Provieo. 


Provision  for 
defraying  ex- 
penses. 


town  of  Ware,  not  exceeding  the  value  of  eighty  thousand  dol- 
lars, and  such  personal  estate  not  exceeding  the  value  of  fifty 
thousand  dollars,  as  may  be  necessary  and  convenient  for  car- 
rying on  the  business  of  exploring,  digging  and  working  any 
ore,  minerals,  metals,  or  fossils,  in  the  town  of  Ware.  [Feb. 
27,  1811.] 

An  Act  to  incorporate  Moses  Hall  and  others  into  a  religious  society,  by  the  name 
of  the  First  Universalist  Society  in  Charlestown. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Moses  Hall,  John  Kettell,  Samuel  Townsend,  Timothy 
Thompson,  jun.  Isaac  Smith,  Samuel  Thompson,  Andrew  Roul- 
stone,  Isaac  Mead,  David  Smith,  Isaac  Sweetser,  Thomas  Har- 
ris, Barnabas  Edmands,  Ebenezer  F.  Freeman,  Daniel  Man- 
ning, Granvil  Smith,  Thomas  Edmands,  John  Tapley,  Otis  Clap, 
Josiah  Harris,  Benjamin  Adams,  Edward  Adams,  Thomas  J. 
Goodwin,  James  Kimball,  Henry  Vanvoochies,  Hendrick  W. 
Gordon,  Jesse  Brown,  and  Benjamin  Gleason,  together  with 
such  other  persons  as  may  hereafter  associate  with  them,  be, 
and  they  are  hereby  incorporated  and  made  a  body  politic  and 
religious  society,  by  the  name  of  the  First  Universalist  Society 
in  Charlestown,  and  by  that  name  may  sue  and  be  sued,  and 
shall  be  invested  with  all  the  powers  and  immunities  lo  which 
other  religious  societies  are  entitled  by  the  constitution  and 
laws  of  this  Commonwealth,  for  religious  purposes  only  ;  and 
the  said  society  shall  be  capable  in  law,  to  purchase  and  hold 
estate,  real  and  personal,  provided  the  annual  income  thereof 
shall  not  exceed  at  any  one  time  the  value  of  three  thousand 
dollars. 

Sect.  2.  Be  it  further  enacted,  That  the  said  society  be,  and 
they  are  hereby  authorized  and  empowered  to  raise  by  assess- 
ment on  the  pews  which  may  be  made  and  built  in  any  house, 
that  may  be  hereafter  erected  by  them,  all  such  sum  or  sums 
of  money,  for  the  settlement  and  maintenance  of  a  minister  or 
ministers,  repairing  said  house,  and  other  expenses  of  public 
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  or  seats,  as  the 
proprietors  or  members  as  aforesaid,  at  any  such  meeting  shall 
deem  proper,  according  to  the  respective  valuation  made  there- 
of, and  recorded  in  the  proprietors'  books ;  and  the  sums  so 
assessed  shall  be  paid  by  the  proprietors  of  such  pews  or  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  said  society  shall  be  authorized  and  empower- 
ed to  sell  all  the  estate  and  interest  of  such  delinquent  proprie- 
tor in  said  corporation,  at  public  auction,  first  giving  notice 
thereof  thirty  days  at  least  previous  to  the  sale,  by  posting  up 
notifications  at  the  door  of  said  house,  and  upon  such  sale  to 
execute  good  and  sufficient  deed  or  deeds  thereof,  and  after  de- 
ducting said  delinquent's  assessment,  with  incidental  charges, 


1810. Chap.  100—103.  327 

the  tre^sxyer  shall  pay  the  overplus,  if  any  there  be,  to  such 
delii  quenf  prot^rietor. 

Sfct.  3.  Be  it  further  enacted^  That  said  society  may  have 
power  to  order  and  establish  such  regulations,  rules  and  by- 
laws for  their  government,  and  for  the  management  of  their 
concerns,  as  they  may  see  fit ;  provided  the  same  are  not  repug- 
nant to  the  laws  of  this  Commonwealth. 

Sect.  4.  Be  it  further  enacted.  That  John  Kettell,  Esq.  or  any  Justice  to  issue 
other  Justice  of  the  Peace  for  the  county  of  Middlesex,  be,  and  warrant, 
hereby  is  authorized  to  issue  his  warrant  to  any  member  of 
said  society,  to  notify  and  warn  all  the  members  thereof  to 
meet,  and  assemble  at  such  time  and  place  as  he  shall  therein 
appoint,  and  when  so  met  and  assembled  to  organize  the  socie- 
ty, by  choosing  a  clerk,  and  all  such  other  officers  as  other  si- 
milar societies  may  elect,  and  the  annual  meeting  of  said  socie- 
ty shall  always  be  held  in  the  month  of  March.  [Feb.  27, 
1811.] 

An  Act  to  authorize  the  town  of  Groton  to  sell  certain  real  estate  devised  to  said  Chap,  102. 
town. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled^  and  by  the  authority  of  the  same,  That  the 
inhabitants  of  the  town  of  Groton  be,  and  they  are  hereby  autho- 
rized and  fully  empowered  to  sell,  and  execute  a  deed  or  deeds, 
by  a  committee  of  three  persons,or  any  two  of  them,  to  convey  the 
whole  or  any  part  of  the  real  estate  devised  to  the  said  inhabitants 
in  and  by  the  last  will  and  testament  of  Josiah  Sawtell,  Esq. 
late  of  said  Groton,  deceased,  for  the  support  of  a  gospel  minis- 
ter in  said  town,  as  expressed  in  said  will,  and  such  deed  or 
deeds  executed  in  due  form  of  law,  shall  be  valid  and  effectual 
to  convey  such  real  estate,  and  the  proceeds  of  any  such  sales 
shall  be  paid  over  by  such  committee,  or  any  two  of  them,  to 
the  trustees  of  Groton  Ministerial  Fund,  and  be  denomina- 
ted "  The  Sawtell  donation  for  the  support  of  a  gospel  minister 
in  the  first  parish  in  Groton,'''  and  shall  be  preserved,  managed 
and  appropriated  by  said  trustees,  as  by  law  they  are  required 
to  preserve,  manage,  and  appropriate  any  other  funds  in  their 
hands,  or  under  their  care.     [Fe6.  27,  1811.] 

An  Act  to  annex  a  part  of  the  town  of  Tyringham  to  the  town  of  New  Marlboro',   Chap.  103*. 
in  the  county  of  Berkshire. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same.  That 
the  tract  of  land  described  within  the  following  bounds,  be,  and 
the  same  is  hereby  set  off  from  the  town  of  Tyringham,  and 
annexed  to  the  town  of  New  Marlboro',  in  the  county  of  Berk- 
shire, viz. — Beginning  on  the  line  between  New  Marlboro'  and 
Tyringham,  on  the  west  side  of  Six  Mile  Pond,  thence  west  on 
the  said  line  two  hundred  and  fifty-eight  rods,  to  the  south-west 
corner  of  said  Tyringham  ;  thence  north,  on  the  line  between 
Great  Barrington  and  said  Tyringham,  one  hundred  and  eighty- 
four  rods,  to  the  north-west  corner  of  land  of  John  Gibson  ; 
thence  east  thirty-seven  degrees  south,  to  the  west  bank  of  said 
Six  Mile  Pond ;  thence  on  the  west  side  of  said  pond  to  the; 


328 


1810. 


Chap.  105. 


first  mentioned  corner,  containing  about  one  hundrew  and  fifty 
acres  ;  and  the  said  tract  is  annexed  to,  and  made  a  part  of  the 
said  town  of  New  Marlboro',  as  fully  and  completely  as  if  it 
had  been  originally  incorporated  therewith.     [Feb.  27,  1811.] 


Chap.  105. 


Persons  incor- 
corpated. 


Name. 
Powers. 


Directors. 
President. 


Proviso. 


An  Act  to  incorpoiate  Ezra  Weston  and  others  into  a  company,  by  the  name  of 
The  Duxbury  Maiin*  Insurance  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen.' 
tatives,  in  General  Cour-t  assembled,  and  by  the  auihoriiy  of  the 
same,  That  Ezra  Weston,  together  with  such  others  as  have 
associated,  or  may  hereafter  associate  with  them,  the  petition- 
ers for  this  Act,  and  such  others  as  they  shall  admit  as  their 
associates,  being  citizens  of  the  United  States,  be,  and  they  are 
hereby  incorporated  into  a  company  or  body  politic,  by  the 
name  of  The  Duxbury  Marine  Insurance  Company,  for  and 
during  the  term  of  twenty  years  from  the  date  of  this  Act,  and 
by  that  name  may  sue  and  be  sued,  plead  and  be  impleaded, 
appear,  prosecute  and  defend  to  final  judgment  and  execution, 
and  have  a  common  seal,  which  they  may  alter  at  pleasure, 
and  may  purchase,  hold  and  convey  any  estate,  real  or  perso- 
nal, for  the  use  of  said  company,  subject  to  the  restrictions 
herein  after  mentioned. 

Sect.  2.  Be,  it  further  enacted.  That  a  share  in  the  capital 
stock  of  the  said  company  shall  be  one  hundred  dollars,  and 
the  number  of  shares  shall  be  one  thousand  ;  and  if  the  said 
number  of  shares  are  not  already  filled,  subscriptions  may  be 
kept  open,  under  the  inspection  of  the  President  and  Directors 
of  the  said  Company,  until  the  same  shall  be  filled,  and  the 
whole  capital  stock,  estate  or  property  which  the  said  company 
shall  be  authorized  to  hold  shall  never  exceed  one  hundred 
thousand  dollars,  exclusive  of  premium  notes,  or  profits  arising 
from  said  business,  of  w^hich  capital  stock  or  property,  fifteen 
thousand  dollars  only  shall  be  vested  in  real  estate. 

Sect.  3.  Be  it  further  enacted,  That  the  stock,  property  and 
affairs  of  the  said  company  shall  be  managed  and  conducted 
by  seven  Directors,  one  of  whom  shall  be  President  thereof, 
who  shall  hold  their  offices  for  one  year,  and  until  others  shall 
be  chosen,  and  no  longer,  which  Directors,  at  the  time  of  their 
election,  shall  be  stockholders,  and  citizens  of  this  Common- 
wealth, and  shall  be  elected  on  the  first  Tuesday  in  June  in 
each  and  every  year,  at  such  time  of  the  day  and  at  such  place 
in  the  town  of  Duxbury,  as  the  majority  of  the  directors,  for 
the  time  being,  shall  appoint,  of  which  election  public  notice 
shall  be  given,  by  posting  up  notice  thereof,  in  two  public 
places  in  said  town,  fourteen  days  immediately  preceding  such 
election;  and  such  election  shall  be  holden  under  the  inspec- 
tion of  three  stockholders,  not  being  directors,  and  shall  be 
made  by  ballot  by  a  majority  of  the  votes  of  the  stockholders 
present,  allowing  one  vote  to  each  share  in  the  capital  stock; 
provided,  that  no  stockholder  shall  be  allowed  more  than  ten 
votes,  and  the  stockholders  not  present  may  vote  by  proxy, 
under  such  regulations  as  the  said  company  shall  prescribe ; 
and  if  in  case  of  any  unavoidable  accident,  the  said  directors 


1810. Chap.  105.  329 

should  on  the  said  first  Tuesday  in  June,  not  be  chosen  as 
aforesaid,  it  shall  be  lawful  to  choose  them  on  any  other  day, 
in  the  manner  herein  prescribed. 

Sect.  4.  Be  it  further  enacted,  That  the  directors  so  chosen  gigptjon  of 
shall  meet  as  soon  as  may  be  after  every  election,  and  shall  president. 
choose  out  of  their  body  one  person  to  be  President,  who  shall 
preside  for  one  year,  and  be  sworn  faithfully  to  discharge  the 
duties  of  his  office,  and  in  case  of  death,  resignation,  or  ina-* 
bility  to  serve,  of  the  President  or  any  of  the  Directors,  such 
vacancy  or  vacancies  shall  be  filled  for  the  remainder  of  the 
year  in  which  they  may  happen,  by  special  election  for  that 
purpose,  to  be  held  in  the  same  manner  as  is  herein  before 
directed  respecting  annual  elections  for  Directors  and  Presi- 
dent. 

Sect.  5.  Beit  further  enacted^  That  the  President  and  three  By-laws 
of  the  Directors  (or  four  of  the  Directors  in  the  absence  of  the  Rules,  &c. 
President)  shall  be  a  board  competent  to  transact  business,  and 
all  questions  before  them  shall  be  decided  by  a  majority  of 
votes,  and  they  shall  have  power  to  make  and  prescribe  such 
by-laws,  rules  and  regulations,  not  repugnant  to  the  constitu- 
tion or  laws  of  this  Commonwealth,  as  to  them  shall  appear 
needful  and  proper,  concerning  the  management  and  disposi- 
tion of  the  stock,  property,  estate  and  effects  of  said  company, 
and  the  transfer  of  the  shares,  and  touching  the  duties  and 
conduct  of  the  several  officers,  clerks  and  servants  employed, 
and  the  election  of  Directors,  and  all  such  matters  as  appertain 
to  the  business  of  insurance ;  and  shall  also  have  power  to  ap- 
point a  secretary  and  so  many  clerks  and  servants  for  carrying 
on  the  said  business,  and  with  such  salaries  and  allowance  to 
them  and  to  the  President,  as  to  the  said  board  shall  seem 
meet. 

Sect.  6.     Be  it  further  enacted,  That  there  shall  be  stated  Meetings  of 
meetings  of  the  Directors  at  least  once  in  every  month,  and  as  the  Directors, 
often  within  each  month  as  the  President  and  Board  of  Direc- 
tors shall  deem  proper;  and  the  President  and  a  committee  of 
three  of  the  Directors,  to  be  by 'him  appointed   in  rotation, 
shall  assemble  dail}^,  if  need  be,  for  despatch  of  business,  and 
the  said  Board  of  Directors,  and   the  committee  aforesaid,   at 
and  during  the  pleasure  of  the  said  Board,  shall   have  power 
and  authority  on   behalf  of  the  company,   to  make  insurance 
upon  vessel*;,  freights,  money,  goods  and  effects,  and  against 
captivity  of  persons,  and  on  the  life  of  any  person  during  his 
absence  by  sea,  and  in  cases  of  money  lent  upon  bottomry  and 
respondentia,  and  to  fix  the  premiums  and  terms  of  p?yment; 
and  all  policies  of  insurance  by  them  made  shall  be  subscribed   Provision  in 
by  the  President,  or  in  case  of  his  death,  sickness,  inability,  or  case  of  ab- 
absence,  by  any  two  of  the  Directors,  and  countersigned   by  »euce  or  death, 
the  secretary,  and  shall  be  binding  and  obligatory  upon  the 
said  company,  and  have  the  like  effect   and  force  as  if  under 
the  seal  of  the  siiid  company;  and  the  assured  may  thereupon 
maintain  an  action  of  the  case   against   the  company,  and  all 
losses  duly  arising  under  any  policy  so  subscribed,  may  be 

VOL.  IV,  42 


330 


1810. 


Chap.  105. 


Duties  of  the 
DirectorE. 


Funds  of  the 
company. 


Monies  due. 


Officers'  estate 
accountable 
for  default. 


adjusted  and  settled  by  the  President  and  Board  of  DirectorSy 
and  the  same  shall  be  binding  on  the  company. 

Sect.  7.  Be  it  furthtr  enacted,  That  it  shall  be  the  duty  of 
the  Directors  on  the  first  Tuesday  of  January  and  July  in 
every  year,  to  make  dividends  of  so  much  of  the  interest  aris- 
ing from  the  capital  stock  and  the  profits  of  the  said  company, 
as  to  them  shall  appear  advisable ;  but  the  monies  received, 
and  the  notes  taken  for  premiums  or  risks  which  shall  be  un- 
determined and  outstanding  at  the  time  of  making  such  divi- 
dends, shall  not  be  considered  as  part  of  the  profits  of  the 
company ;  and  in  case  of  any  loss  or  losses  whereby  the  capi- 
tal stock  of  the  company  shall  be  lessened,  each  proprietor's 
or  stockholder's  estate  shall  be  held  accountable  for  the  instal- 
ment that  may  be  due  on  his  share  or  shares  at  the  time  of 
said  loss  or  losses  taking  place,  to  be  paid  into  the  said  com- 
pany by  assessments,  or  such  other  mode  and  at  such  time  or 
times  as  the  Directors  shall  order,  and  no  subsequent  dividend 
shall  be  made,  until  a  sum  equal  to  such  diminution  shall  have 
been  added  to  the  capital,  and  that  once  in  every  two  years, 
and  oftener  if  required  by  a  majority  of  the  votes  of  the  stock- 
holders, the  Directors  shall  lay  before  the  stockholders,  at  a 
general  meeting,  an  exact  and  particular  statement  of  the  pro- 
fits, if  any  there  be,  after  deducting  losses  and  dividends. 

Sect.  8.  Be  it  further  enacted,  That  the  said  company  shalj 
not  directly  or  indirectly  deal  or  trade  in  buying  or  selling 
any  goods,  wares  or  merchandise,  or  commodities  whatsoever; 
and  the  capital  of  said  company,  after  being  collected  at  each 
instalment,  shall  within  ninety  days  be  invested  either  in  the 
funded  debt  of  the  United  States  or  of  this  Commonwealth,  or 
in  the  stock  of  any  incorporated  bank  in  this  Commonwealth, 
at  the  discretion  of  the  President,  and  Directors  of  the  said 
Company,  or  of  other  officers  which  the  proprietoi's  shall  for 
such  purpose  appoint. 

Sect.  9.  Be  it  further  enacted,  That  fifty  dollars  on  each 
share  in  said  company  shall  be  paid  within  sixty  days  after 
the  first  meeting  of  the  saicj  company,  and  the  remaining  sum 
due  on  each  share  within  one  year  afterwards,  at  such  equal 
instalments  and  under  such  penalties  as  the  said  company  shall 
direct,  and  no  transfer  of  any  share  in  said  company  shall  be 
permitted  or  be  valid,  until  all  the  instalments  on  such  shares 
have  been  paid. 

Sect.  10.  Be  it  further  enacted,  That  in  case  of  any  loss  or 
losses  taking  place  equal  to  the  amount  of  the  capital  stock  of 
said  company,  and  the  President  or  Directors,  after  knowing 
of  such  loss  or  losses  taking  place,  shall  subscribe  to  any  poli- 
cy of  insurance,  their  estates  jointly  and  severally  shall  be  ac- 
countable for  the  amount  of  any  and  every  loss  that  shall  take 
place  under  policies  thus  subscribed  ;  and  no  person  being  a 
Director  of  any  company  carrying  on  the  business  of  Marine 
Insurance,  shall  be  at  the  same  time  a  Director  of  the  company 
hereby  established. 

Sect.  11.  Be  it  further  enacted.  That  the  President  and  Di- 
rectors of  the  said  company  shall,  previously  to  their  subscrib- 


1810. Chap.  10^—106.  331 

ing  to  any  policy,  and  once  in  every  year  after,  publish  in  one 
newspaper,  printed  in  Boston,  the  amount  of  their  stock,  against 
what  risk  they  mean  to  insure,  and  the  largest  sum  they  will 
take  on  any  one  risk.  Provided  nevertheless,  That  the  said  Pre-  Proviso, 
sident  and  Dirertors  shall  not  be  allowed  to  take  more  on  any 
one  risk  than  ten  per  centum  of  the  amount  of  the  capital  stock 
of  said  corporation  actually  paid  ^n  ;  and  the  President  and 
Directors  of  the  said  company  shall,  when  and  as  often  as  re- 
quired by  the  Legislature  of  this  Commonwealth,  lay  before 
them  a  statement  of  the  affairs  of  said  company,  and  submit  to 
an  examination  concerning  the  same  under  oath. 

Sect.  12.     Be  it  further  enacted.  That  an}'  three  of  the  stock-  Stockholders 
holders   are  hereby  authorized   to  call  a  meeting  of  the  mem-  authorized  to 
bers  of  said  company,  as  soon  as  may  be,  in  Duxbury,  by  ad-  <=^'l  meeting, 
vertising  the   same  for  three  weeks   successively  in  some  one 
newspaper  printed  in  Boston.     [Feh.  '21,  1811.] 

An  Act  to  authorize  the  Town  of  Brewster  to  sell  the  Ministry  Lands,  and  to  ap-    Chap.  106. 
propriate  the  proceeds  thereof  towards   the  Ministerial   Funds,  and  to   appoint 
trustees  for  the  management  thereof. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  selectmen  of  the  town  of  Brewster,  for  the  time  Trustees  ap- 
being,  the  treasurer  and  the  clerk  of  the  parish,  and  the  dea-  corpomted.  '"" 
cons  of  the  church  for  the  time  being,  in  the  said  town  of  Brew- 
ster, be,  and  they  are  hereby  appointed  and  incorporated  as 
trustees,  by  the  name  of  The  Trustees  of  the  Brewster  Minis- 
try Fund,  and  by  that  name  they  and  their  successors  in  office 
shall  be  and  continue  a  body  politic  and  corporate  forever, 
and  they  shall  have  a  common  seal,  subject  to  alteration,. and 
they  may  sue  and  be  sued  in  all  actions  real,  personal  and 
mixed,  and  prosecute  and  defend  the  same  to  final  judgment 
and  execution,  by  the  name  aforesaid,  and  shall  have  all  other 
powers  which  are  incident  to  and  necessarily  belonging  to  the 
like  corporations  ;  and  the  said  trustees  and  their  successors  officers  to  be 
may  annually  elect  one  of  their  number  as  President,  and  a  elected. 
Clerk  to  record  the  doings  of  the  said  Trustees,  and  a  Treasu- 
rer to  receive  and  pay  the  monies  belonging  to  the  said  fund, 
according  to  the  provisions  of  this  Act,  who  shall  give  bond  to 
the  said  trustees  for  the  faithful  performance  of  his  duty,  and 
shall  be  at  all  times  responsible  for  the  faithful  application  of 
the  monies  which  may  come  into  his  hands,  conformably  to  the 
true  intent  and  meaning  of  this  Act,  and  for  all  neglect  or  mis- 
conduct in  his  office. 

Sect.  2.  Be  it  further  enacted.  That  the  said  trustees  be,  Authorized  to 
and  they  are  hereby  authorized  and  empowered  to  sell  and  ^^^^  lands, 
convey  the  several  lots  of  land  belonging  to  the  town  of  Brew- 
ster, which  have  been  and  are  appropriated  to  the  support  of 
the  ministry  in  the  said  town,  and  the  monies  arising  from  the 
sale  of  the  said  lands  shall  be  put  on  interest,  and  shall  form  a 
fund  for  the  support  of  the  ministry  in  the  said  town,  which 
shall  be  under  the  care  and  management  of  the  said  trustees, 
in  the  manner  provided  for  and  directed  in  this  Act ;  and  all 
gifts,  grants,  donations,  bequests  or  legacies  which  have  been 


332  1810. Chap.  106—107. 

or  may  be  hereafter  made,  to  and  for  the  same  use  and  pur- 
pose, shall  be  added  to  the  said  accumulating  fund,  and  shall 
be  under  the  same  care  and  improvement  of  the  trustees  afore- 
said, and  when  the  said  trustees  shall  loan  the  said  monies,  or 
Monies  to  bo  any  part  thereof,  the  same  shall  he  secured  by  mortgage  on 
seemed.  j.^^]  gg^^jg  Iq  ^j^g  fy[j  ygiyg  of  the  estate  or  land  mortgaged,  or 

money  loaned,  or  by  two  or  more  sufficient  sureties,  with  the 
principal,  unless  the  said  trustees  shall  think  it  best  to  invest 
the  said  proceeds  in  public  funded  securities  or  bank  stock, 
which  they  shall  have  authority  to  do ;  and  the  interest,  and 
that  only,  shall  ever  be  appropriated  for  the  uses  aforesaid, 
and  it  shall  never  be  in  the  power  of  the  said  trustees  to  alter 
or  alienate  the  appropriation  of  the  fund  aforesaid,  and  the  said 
trustees  are  hereby  authorized  to  make  and  execute  a  good  and 
sufficient  deed  or  deeds  of  the  said  several  lots  of  land,  which 
shall  be  subscribed  by  the  treasurer,  and  when  duly  executed, 
acknowledged  and  delivered  by  the  direction  of  the  said  trustees, 
shall  be  valid  and  effectual  in  law  to  pass  and  convey  the  fee 
simple  title  from  the  town  to  the  purchaser. 
Compensation  Sect.  3.  Be  if  further  enacted,  That  the  said  trustees,  trea- 
aiiowed.  surer,  clerk,  or  other  officers  or  persons,  or  persons  employed 

by  them,  shall  be  entitled  to  receive  no  compensation  for  the 
services  they  may  perform  out  of  any  monies  belonging  to  the 
said  fund,  but  a  reasonable  compensation  shall  be  paid  them 
by  the  town,  and  the  said  trustees,  and  each  of  them  shall  be 
responsible  to  the  town  for  their  personal  neglect  or  miscon- 
duct, whether  they  be  officers  or  not,  and  liable  to  prosecution 
for  any  loss  or  damage  resulting  thereby  to  the  fund  ;  and  the 
debt  or  damage  recovered  in  such  suit  shall  be  to  the  use  and 
disposal  of  the  town ;  and  the  said  trustees  and  treasurer,  and 
their  successors  in  office,  shall  exhibit  to  the  town  a  report  of 
their  doings,  and  the  state  of  the  fund  at  the  annual  meeting  in 
March  or  April. 
Justice  to  issue  Sect.  4.  Be  it  further  enacted,  That  any  justice  of  the  peace 
warrant,  for  the  county  of  Barnstable,  is  hereby  authorized,  upon  ap- 

plication therefor,  to  issue  his  warrant,  directed  to  one  of  the 
trustees  named  in  this  Act,  requiring  him  to  notify  and  call  a 
meeting  of  the  said  trustees,  to  be  holden  at  such  convenient 
time  and  place  as  may  be  appointed  in  said  warrant,  to  orga- 
nize the  said  corporation  by  the  aopointment  of  its  officers. 
[F£6.  27,  1811.] 

(yhap,  107.  ^^  '^^T  '"  further  addition  to  an  Act,  entitled,  "  An  Act  for  incorporating  certain 

1794  ch    3  persons  for  the  purpose  of  building  a  Bridge  over  Merrimack  River,  between  the 

(V    1    n  523  ^  Towns  of  Haverhill  and  Newbury,  in  the  county  of  Essex,   and  for  supporting 

^     ■  ^'        '■'  the  same." 

BE  it  enacted  by  the  Seriate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  proprietors  of  Merrimack  Bridge  be,  and  they  are  hereby 
authorized,  from  and  after  the  first  day  of  April  next,  to  move 
the  Lamp  that  is  now  placed  on  the  end  of  the  aforesaid  bridge 
(next  to  Haverhill  shore)  to  the  centre  of  the  first  arch  on  the 
upper  side  of  the  said  arch  next  to  the  aforesaid  shore.  [Feb. 
-27,  1811.]     Further  act— 1812  ch.  1, 


1810. Chap.  110—117.  333 

An  ACT  to  set  off  Elias  Smith  from  the  town  of  Hadley,  and   annex  him  to  the    Qfigp^  UQ. 
town  of  Amherst,  in  the  county   of  Hampshire. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Cmrt  assembled,  and  by  the  authority  of  the  same.  That 
Elias  Smith,  his  family  and  his  buildings  of  every  description, 
together  with  so  much  of  the  farm  whereon  he  now  lives,  as 
lies  on  the  east  side  of  a  line  parallel  with  the  present  boundary 
line  between  the  towns  of  Hadley  and  Amherst,  and  ten  rods 
west  of  the  westernmost  part  of  his  dwelling-house,  be,  and  they 
hereby  are  set  off  from  the  said  town  of  Hadley,  in  the  county 
of  Hampshire,  and  annexed  to  the  said  town  of  Amherst,  in 
the  county  aforesaid  ;  and  the  said  Elias  and  his  family,  shall 
hereafter  be  considered  inhabitants  of  the  town  of  Amherst, 
and  shall  there  exercise  and  enjoy  all  their  rights  and  privi- 
leges, and  shall  be  subject  to  all'  duties  and  requisitions,  in  the 
like  manner  WMth  the  other  inhabitants  of  said  town  of  Am- 
herst. Provided  hoxcever,  that  the  said  Elias  shall  be  holden  to 
pay  all  taxes  which  have  been  legally  assessed  upon  him  by 
the  town  of  Hadley,  prior  to  the  passing  of  this  act.  [Feb.  28, 
1811.]  

An  Act  to  preserve  and  regulate  the  talcing  or  catching  of  fish  called  Smelts,  in    Chap*  112. 
the  Island  River,   so  called,  in  the  south  part  of  the  town  of  Maiden,  in  the 
county  of  Middlesex. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  of  this  act,  it  shall  not  be  lawful  for 
any  person  or  persons  to  set  and  draw  any  seine,  net,  or  drag 
nets  in  the  Island  River  (so  called)  between  Beacham's  Point 
and  a  dam  in  said  river,  near  the  island  so  called,  in  said  town 
of  Maiden,  from  the  first  day  of  October  to  the  first  day  of  May 
annually ;  and  any  person  so  offending  herein,  shall  for  each 
offence  forfeit  and  pay  a  sum  not  more  than  twenty  dollars, 
nor  less  than  ten  dollars,  to  be  recovered  by  action  of  debt 
before  any  court  proper  to  try  the  same,  one  half  to  the  use 
of  the  town,  and  the  other  half  to  the  use  of  him  or  them  who 
may  sue  therefor.     [Feb.  28,  1811.] 

\n  Act  to  set  off  Joshua  Chase,  of  the  town  of  Sutton,  in  the  county  of  Worces-    Chap.  115. 
ter,  from  the  South  Parish,   and  annex  him  and  his  estate  to  the  North  Parish, 
in  said  town. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
Joshua  Chase,  of  Sutton,  in  the  county  of  Worcester,  with  his 
poll  and  estate,  lying  and  being  in  the  said  south  parish  of  Sut- 
ton, be,  and  hereby  is  set  off^rom  the  said  south  parish,  and 
annexed  to  the  north  parish  in  said  town.     [Feb.  28,  1811.] 

Kn  Act  in  addition  to  an  Act,  entitled.   An  Act  to   prevent  the  destruction  of  Chap.  117. 
alewives  and  other  fish  in  Ipswich  river,  and  to  encourage  the   increase  of  the    j^g^  ^j,^  gg^ 
same.  (V.  1.  p.  191.) 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  J^^^^'  4^51 

General  Court  assembled,  and  by  the  authority  of  the  same.  That  J^gg  ^jP  gg_  '^ 

it  shall  be  lawful  for  the  inhabitants  of  the  towns  of  Ipswich,  (V.  2.  p.  128.) 

Hamilton,  Topsfield,  Reading,  Danvers  and  Middleton,  to  take  ll^^';^'^^^^. 
fish  with  seines,  or  drag  nets  in  Ipswich  river  one  day  in  each 


334  1810.  — —  Chap.  117—1 18. 

week,  which  day  shall  be  Wednesday,  at  such  place  in  each 
town  as  the  fish  committees  in  said  towns  shall  respectively  di- 
rect, and  under  such  regulations  and  restrictions  as  the  towns 
aforesaid  shall  adopt,  any  thing  in  the  act  entitled  "  An  act  to 
prevent  the  destruction  of  alewives,  and  other  fish  in  Ipswich 
river,  and  to  encourage  the  increase  of  the  same,"  to  the  con- 
trary notwithstanding.  [Feb.  28,  1811.]  Further  acts— 1812 
ch.  127:   1814  ch.  22. 

Uiap.  118.     An  Act  to  establish  a  Methodist  Society  in  the  towns  of  Falmouth  and  Sandwich. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
^ome"d '"*'°'^'    ^^^^  Barney  Merchant,  Barney  Hammond,  Nathaniel  Ham- 
poiate  .  mond,  Sylvanus  Hammond,  William   Shearman,  Seth   Robin- 

son, Barnabas  Chadwick,  jun.  Nathaniel  Nye,  Ruth  Hatch, 
Benoni  Nickerson,  Benjamin   Smith,  Robert   Hammond,  Luke 
W.  Phelps,  Peter   Yost,   Hugh  G.   Donaldson,  Major  Hatch, 
Barnabas  Price,  Jonathan  Green,  Rufus  Butler,  John  Gorham, 
Joseph   Palmer,  David  Hatch,  jun.  Ephraim   Parker,  William 
Nye,  Elijah  Nickerson,  Ebenozer  Wicks,  Joshua  Jenkins,  Solo- 
mon Green,  John   Tobey,  Benoni  Studley,  Timothy  Bourne, 
Jsaiah  Fish,  Malachi  Davis,  Ebenezer  Studley,   Hiram  Chase, 
Obadiah  Baker,  James  Bourne,  Lothrop  Lewis,  Israel  Bourne, 
Samuel  Nye,  Jonathan  Parker,  and  John  Edwards,  all  of  Fal- 
mouth ;    David    Dimmick,   Moses   Nye,    Samuel  Swift,  Ward 
Swift,  Jeremy  Alney,  Moses  Swift,  William  Handy,  Archelaus 
Tobey,  Thomas  W^ing,  John  Witherill,  David  Wing,   Isaiah 
Godfrey,  Silas  Perry,  Covel   Burgess,  Crowell  Burgess,  Perez 
Burgess,  John  Perry,  Arther  Perry,  John  Finney,  Jabez   Fin- 
ney, Edward  Finney,  John  Finney,  jun.  Samuel  Nye,  Stephen 
Svyift,  Benjamin  Bourne,  Samuel  Drody,  Nathaniel  Nye,  John 
Dillingham,  Levi  Nj^e,  David  Bates,  Elijah  Bates,  and  Zacheus 
Hatch,  all  of  Sandwich,  together  with   their  families  and  es- 
tates, and  such  others  within  the  said  towns  of  Falmouth  and 
Sandwich,  as   may  hereafter  associate  and  join  with  them,  be, 
and  they  are  hereby  incorporated  into  a  religious  society,  by 
the   name  of  The   Methodist  Society   in  Falmouth  and   Sand- 
wich, with  all  the  powers,  privileges  and  immunities  to  which 
other  religious  societies   are  entitled   by  the  constitution  and 
laws  of  this  Commonwealth. 
Method  of  join-       Sect  2.     Be  it  further  enacted,  That  any   person,  in  either 
of  the  aforesaid  towns  of  Falmouth  and  Sandwich,  who  may  at 
any  time  hereafter  be  desirous  to  unite  with  and  shall  become 
a  member  of  said  Methodist  Society,  shall  declare  such   inten- 
tion, in  writing,  by  giving  in  his  or  her  name  to  the  minister  or 
clerk  of  said  Methodist  Society,  and  shall  receive  a  certificate 
of  membership,  signed  by  the  minister,  class-leader,  er  clerk 
of  the  said  society,  that  he  or  she  has  united  in  religious  wor- 
ship with,  and  become   a   member  of  said   Methodist  Society, 
and  shall  also  leave  an  attested  copy  of  such   certificate  with 
the  clerk  of  the  parish  or  society  to  which  he  or  she  belonged, 
fourteen  days  previous  to  the  annual  parish  meeting  in  March 
or  April,  shall,  from  and  after  giving  in  such  certificate,  with 


(ng  the  society. 


1810 Chap.  118—120.  335 

his  or  her  polls  and  estates,  be  considered  as  a  member  of  the 
said  society.  Provided  however,  that  such  person  shall  be  held 
to  pay  his  or  her  proportion  of  all  monies  assessed  and  not  paid 
to  the  society  from  which  such  person  has  seceded. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of  Method  of  ^^ 
the  said  Methodist  Society  shall  see  cause  to  leave  the  same,  ^^^^^^^  ^  ^'^ 
and  to  unite  with  any  other  religious  society  in  the  town  or 
parish  in  which  he  or  she  may  live,  and  shall  declare  such  in- 
tention, in  writing,  to  the  minister  or  clerk  of  such  other  so- 
ciety, fourteen  days  before  the  annual  meeting  thereof,  and  if 
such  person  shall  receive  a  certificate  of  membership,  signed 
by  the  minister  or  clerk  of  such  society,  that  he  or  she  has 
united  in  religious  worship  with  and  hath  become  a  member 
of  such  society,  and  shall  leave  an  attested  copy  with  the  clerk 
of  said  Methodist  Society,  such  person  shall,  from  giving  in 
such  certificate,  with  his  or  her  polls  and  estates,  be  considered 
as  a  member  of  such  society.  Provided  however,  that  such  per- 
son shall  be  held  to  pay  his  or  her  proportion  of  all  monies  as- 
sessed in  the  said  society,  and  not  paid  previous  to  leaving  one 
society  and  joining  another. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the  Justice  to  issue 
Peace  in  the  county  of  Barnstable,  be,  and  he  is  hereby  au-  warrant. 
thorized  to  issue  his  warrant,  directed  to  some  suitable  mem- 
ber of  the  said  society,  requiring  him  to  notify  and  warn  the 
members  thereof,  qualified  to  vote  in  parish  affairs,  to  assemble 
at  such  convenient  time  and  place  as  shall  be  appointed  in  said 
warrant,  for  the  choice  of  such  officers  as  parishes  are  by  law 
empo-wered  to  choose  at  their  annual  parish  meetings. 

Sect.  5.  Be  if  further  enacted,  That  the  members  of  the  Me-  Jy^j^J^^/  ** 
thodist  Society  aforesaid,  be,  and  hereby  are  empowered  to 
receive  and  hold  by  deed  in  fee,  such  land  as  may  be  neces- 
sary for  a  meeting  house  lot,  burying  ground,  and  a  small  set- 
tlement for  their  ministers  in  each  of  the  towns  aforesaid. 
[Feh.  28,   1811.] 

An    Act  in    addition  to  an    Act,  entitled,   An  Act   to    establish   the  Middlesex   Chap.  120. 
Turnpike  Corporation,  and  to  the  several  acts  in  addition  thereto.  1805  ch.  12. 

WHEREAS,  by  an  act  of  the  Legislature,  passed  March  6,  iJ^o/^iP/m!'^ 
1810,  it  was  provided  that  a  part  of  the  Middlesex  Turnpike 
Road  which  had  been  laid  out  and  partly  made  in  the  towns  Preamble. 
of  West  Cambridge  and  Lexington,  viz.  from  a  point  in  the  old 
road  in  said  Lexington,  below  the  house  of  Joseph  Harring- 
ton, to  a  point  in  the  old  road  in  said  West  Cambridge,  near 
John  Frost's  blacksmith's  shop,  should  be  changed  and  altered, 
and  instead  thereof  the  course  of  said  road  should  be  from  said 
point  in  Lexington,  in  the  nearest  practicable  rout  to  a  point  in 
the  old  road  in  snid  West  Cambridge,  near  the  foot  of  the 
rocks  (so  called);  Provided,  the  inhabitants  of  said  West  Cam- 
bridge should  lay  out  and  make  said  last  mentioned  piece  of 
road  for  the  use  and  benefit  of  said  Turnpike  Corporation. 
Now  the  said  inhabitants  of  West  Cambridge,  having  procured 
gaid  road  to  be  laid  out  and  made,  yet  the  same  cannot  accrue 
to  the  use  and  benefit  of  said  corporation,  because  said  piece 


336 


1810. 


Chap.  120—124. 


of  road  was  not  laid  out  as  a  part  of  said  Turnpike  road,  but 
as  a  County  road,  and  is  recorded  and  established  as  such — 
Therefore, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
Road  annexed  said  piece  of  road,  from  a  point  in  the  old  road  in  Lexington, 
to  Turnpike,  i,^]^^  the  house  of  Joseph  Harrington,  to  a  point  in  the  old 
road  in  West  Cambridge,  near  the  foot  of  the  rocks  (so  called) 
as  the  same  is  now  laid  out  and  made,  shall  and  may  become 
a  part  of  the  Middlesex  turnpike  road,  extending  fromBuiscuit 
Bridge,  in  Tyngsborough,  to  Cambridge-Port,  all  which  road 
is  hereby  established  as  fully  as  it  could  have  been  had  it  been 
all  laid  out  under  the  Turnpike  Act,  according  to  law.  And 
said  corporation  are  hereby  authorized  to  erect  one  of  their 
gates  on  any  part  of  said  piece  of  road,  between  said  point  ia 
Lexington  and  said  point  in  West  Cambridge,  near  the  foot  of 
the  rocks  (so  called),  any  thing  in  the  general  Turnpike  Law 
to  the  contrary  notwithstanding.  [Feb.  28,  1811.]  Further 
acts— 1811  ch."28:   1819  ch.  C2. 


(Altered  by 
1811  ch.  23.) 


Chap.  122. 


porated. 


(1808  ch.  65.) 


An   Act  establishing  The  Sutton  and  Charlton  Cotton,  Woollen  and  Linen  Asso- 
ciation. 

Sect.  1 .     BE  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
Persons  incor-  same.  That  Estes  Howe,  Aaron  Tufts,  and  John  Spurr,  together 
""  "'"  with  such  others  as  may  hereafter  associate  with  them  and 

their  successors,  be,  and  they  are  hereby  made  a  corporation, 
by  the  name  of  The  Sutton  and  Charlton  Cotton,  Woollep*  and 
Linen  Association  ;  for  the  purpose  of  manufacturing  -wrtton, 
woollen  and  flax  in  the  county  of  Worcester,  and  for  that  pur- 
pose shall  have  all  the  powers  and  privileges,  and  shall  also  be 
subject  to  all  the  duties,  requirements  and  disabilities  prescrib- 
ed and  contained  in  an  act,  entitled  "  An  act  defining  the  ge- 
neral powers  and  duties  of  manufacturing  corporations,"  pass- 
ed the  third  day  of  March,  one  thousand   eight  hundred  and 

nine.  ,  . , 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation 
in  their  corporate  capacity  shall  and  may  lawfully  hold  and 
possess  real  estate,  not  exceeding  forty  thousand  dollars,  and 
personal  estate  not  exceeding  one  hundred  and  twenty  thou- 
sand dollars,  as  may  be  necessary  and  convenient  for  carrying 
on  the  manufacture  of  cotton,  woollen  and  linen  in  the  said 
county  of  Worcester.     [Feb.  28,  1811.] 

An   ACT  to  prevent  Livery  Stables  being  erected  in  certain  places  in  the  town  of 
Boston. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  tht 
same.  That  from  and  after  the  passing  of  this  act,  no  building 
shall  be  erected  within  the  town  of  Boston,  and  used  and  im- 
proved as  a  stable,  for  the  taking  in  and  keeping  horses  or 
chaises,  or  other  carriages,  upon  hire,  or  to  let,  commonly 
called  Livery  Stables,  within  one  hundred  and  seventy  feet  of 
any  church  or  meeting  house,  erected  for  the  public  worship 


Chap.  124. 


Livery  Sta- 
bles. 


1810.- — Chap.  124— 126.  337 

of  God.     Provided  however,  that  this  act  shall  not  be  so  con- Proviso, 
strued  as  to  prevent  the  finishing  of  anj  stable  which  has  been 
in  part  erected,  if  the  completion  thereof  shall  be  approved  by 
the  Selectmen  of  the  town  of  Boston. 

Sect.  2.  Be  it  further  enacted,  That  for  any  offence  against  Forfeiture* 
the  provision  of  this  act,  the  owner  or  owners,  keeper  or  keep- 
ers of  such  building  shall  forfeit  and  pay  the  sum  of  one  hun- 
dred dollars  for  every  calendar  month  during  which  the  same 
shall  be  so  used  and  improved,  to  be  recovered  by  action  of 
debt,  one  half  thereof  to  enure  to  the  use  of  the  poor  of  the 
town  of  Boston,  and  the  other  half  thereof  to  him  or  them  who 
shall  sue  for  the  same.     [Fe6.  28,    18 11. J 

An  Act  regulating  the  taking  of  fish  called  alewives,  in  Mill-Ri^er  and   Mill-  Chap,  126. 
brook,  in  the  towji  of  Duxbury. 

WHEREAS,  Abner  Harlow,  of  said  Duxbury,  is  the  ownei*  Preamble, 
of  a  mill-pond,  lying  on  the  source  of  said  Mill-Brook,  and  said 
pond  being  very  convenient  for  the  fish  called  alewives,  to 
cast  their  spawn  in — 

Sect.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  fish  called  alewives,  may  be  taken  by  the  said 
Abner  Harlow,  or  by  whoever  shall  hereafter  be  the  legal 
owner  or  owners  of  said  mill-pond,  in  any  part  of  said  mill- 
brook,  and  at  any  time  when  it  shall  be  most  for  his  or  their 
interest  to  take  said  fish  under  such  regulations  and  restrictions 
as  is  hereafter  provided. 

Sect.  2.  Be  it  further  enacted.  That  the  inhabitants  of  said  inhabitants 
town  of  Duxbury,  at  their  meeting  for  the  choice  of  town  offi-  authorized  t« 
cers,  in  March  or  April  annually,  be,  and  they  hereby  are  '^^^°^^  °^®'^"" 
authorized  and  directed  to  appoint  one  person  to  oversee  the 
taking  of  said  fish,  as  aforesaid  ;  and  the  fish  so  taken  by  the 
0gSiid  Abner  Harlow,  or  his  successors  as  aforesaid,  shall,  under 
the  direction  of  said  person  so  chosen,  be  distributed  as  equally 
as  circumstances  will  admit,  to  such  of  the  inhabitants  of  said 
town  a§  may  apply  for  the  same ;  and  for  fish  so  supplied  and 
delivered,  the  said  Abner  Harlow,  or  his  successors  as  afore- 
said, shall  demand  and  receive  of  the  person  or  persons  ap- 
plying therefor,  payment,  at  such  rate  or  rates  as  the  inhabi- 
tants of  said  town  at  their  annual  meeting  in  March  or  April, 
may  direct;  the  said  Abner  Harlow,  and  his  successors  as 
aforesaid,  to  pay  all  the  expense  that  may  be  incurred  in  the 
preservation,  taking  and  disposing  of  said  fish« 

Sect.  3.  Be  it  further  enacted,  That  if  any  person  or  per-  Forfeiture, 
sons  shall  obstruct  in  any  manner  whatever  the  passage-way 
of  said  fish  in  any  part  of  said  river  or  brook,  above  Abra- 
ham's Island  (so  called)  such  person  or  persons  so  offending, 
shall  forfeit  and  pay  a  sum  not  exceeding  sixty  dollars,  nor  less 
than  thirty  dollars. 

Sect.  4.  Be  it  further  enacted.  That  if  any  person  or  per- 
sons, other  than  the  owner  or  the  owners  of  the  aforesaid  mill- 
pond,  or  such  person  or  persons  as  shall  be  by  them  employed, 

VOL.  IV.  43 


338 


1810. 


Chap.  126—130, 


Forfeiture. 


Penalties  in- 
Guired  subject 
to  suit. 


Chap,  130. 

Preamble, 


Persons  incor- 
porated. 


Proviso. 


Power  to  as- 
sess monies. 


shall  take  any  of  the  said  fish  in  said  river  or  brook,  or  in  any 
part  of  either  as  aforesaid,  at  any  time,  or  by  any  means  what- 
soever, each  person  so  offending,  shall  forfeit  and  pay  a  sum 
not  exceeding  ten  dollars,  nor  less  than  two  dollars,  for  every 
such  offence. 

Sect.  5.  Be  it  farther  enacted,  That  all  penalties  incurred 
by  the  breach  of  this  act  may  be  sued  for  and  recovered,  by 
the  said  Abner  Harlow,  or  his  successors,  as  aforesaid,  in  any 
court  in  the  county  of  Plymouth,  proper  to  try  the  same  ;  and 
all  sums  so  recovered,  shall  be  appropriated,  one  moiety  to  the 
complainant,  and  the  other  moiety  to  the  said  Abner  Harlow, 
or  his  successors  as  aforesaid ;  and  in  case  any  minor  shall  of- 
fend against  any  part  of  this  act,  and  thereby  incur  any  or  either 
of  the  penalties  aforesaid,  in  all  such  cases  the  parent,  master 
or  guardian  of  such  minor  or  minors,  shall  be  accountable 
therefor  ;  and  in  case  of  prosecution  of  such  minor  or  minors, 
for  any  offence,  the  action  shall  be  commenced  against  the  pa- 
rent, master  or  guardian  of  such  minor  or  minors,  respectively, 
and  judgment  be  rendered  against  any  parent,  master  or  guar- 
dian, in  such  case,  in  the  same  manner  as  for  his  or  their  per- 
sonal offence.     {Feb.  28,  1811.] 

An  Act  to  incorporate  The  Proprietors  of  the  New  Meeting  House,  in  the  Town 
of  Braintree. 

WHEREAS  a  number  of  persons  associated  in  the  month 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ten,  and  did  purchase  a  piece  of  ground,  on  Avhich  they 
have  since  erected  and  completed  a  new  meeting  house,  for 
public  worship,  in  the  town  of  Braintree — 

Sect.  1.  Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by  the  auihori' 
ty  of  the  same,  That  Minot  Thayer,  John  White,  Alexander 
White,  John  Hayward,  Samuel  Arnold,  their  associates  and^ 
successors,  be,  and  ihey  hereby  are  constituted  and  made  a 
corporation  and  body  politic,  by  the  name  of  The  Proprietors 
of  the  Union  Meeting  House  Corpo'ration  ;  and  shall  hj  that 
name  sue  and  be  sued,  defend  and  be  defended,  in  all  actions 
in  which  said  corporation  may  be  concerned ;  have  a  common 
seal,  which  they  may  alter  at  pleasure,  and  may  also  ordain 
and  establish  such  by-laws  and  regulations,  and  choose  such 
officers  as  to  them  shall  seem  necessary.  Provided,  such  by- 
laws and  regulations  shall  be  in  no  wise  contrary  to  the  laws 
of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  shall 
have  full  power  to  assess  upon  the  individuals  composing  the 
same,  in  proportion  to  the  number  of  shares  in  said  meeting 
house,  subscribed  for  by  each,  such  sum  or  sums  of  money  as 
shall  be  sufficient  to  pay  the  debts  now  due  from  said  corpora- 
tion, and  all  necessary  future  charges,  and  to  collect  said  as- 
sessments in  such  way  and  manner,  and  by  such  officers  and 
agents  as  said  corporation  shall  determine  ;  and  said  corpora- 
tion shall  also  have  power,  by  such  officers  or  committee  as 
they  shall  appoint  therefor,  to  execute  deeds  of  pews  in  said 


1811. Chap.  1—2.  339 

meeting  house,  to  purchasers  thereof,  and  to  convey  said  meet- 
ing house,  and  the  land  thereto  belonging,  or  any  part  of  the  _ 
same,  to  The  Union  Religious  Society,  or  any  member  or  (isioch.  so.) 
members  of  the  same,  upon  such  conditions,  and  under  such 
regulations  as  shall  be  agreed  upon  between  said  corpora- 
tion and  said  society,  or  said  members,  reserving  to  individ- 
uals the  pews  o\vned  and  held  by  them  respectively. 

Sect.  3.     Be  it  further  enacted^   That  each   proprietor,   or  Right  to  voto. 
agent  duly  authorized,  in  writing,  shall  have  a  right  to  vote  in 
all  meetings  of  said  corporation,  and  be  entitled  to  as  many 
votes  as  he  has  shares.     Provided,  That  no  person  shall  be  en-  Proviso, 
titled  to  more  than  ten  votes. 

Sect.  4.  Be  it  further  enacted.  That  the  several  meetings 
heretofore  held  by  the  associates  hereby  incorporated,  and  all 
proceedings  thereat,  conformable  to  the  original  articles  of 
their  association,  necessary  to  carry  the  same  into  effect,  be, 
and  hereby  are  confirmed  and  made  valid  in  law,  and  the  offi- 
cers and  agents  heretofore  chosen  by  said  associates,  shall  con- 
tinue officers  and  agents  of  this  corporation,  until  others  shall 
be  chosen  in  their  stead. 

Sect.   5.     Be  it  further   enacted,    That  any  Justice  of   the  Justice  to  fix 
Peace  in  the  towns  of  Weymouth  or  Braintree,  is  authorized  to  fnie  of  meet- 
fix  the  time  and  place  of  holding  the   first  meeting  of  the  pro-     "' 
prietors,  by  causing  a  written  notification  (certifying  the  pur- 
poses for  which  said  meeting  is  called)  to  be  posted  up  on  the 
west  door  of  the  meeting  house,  ten  days  at  least  previous  to 
said  meeting.     [Fe6.  28,  1811.] 

An  Act  to  incorporate  Tristram  Barnard  and  otheis,  by  the  name  of  the  Dorches-    C/lCTp.  1» 
ter  Cotton  and  Iron  Factory. 

Sect.   1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Cotirt  assembled,  and  by   the   authority  of  the 
same,  That  Tristram  Barnai'd,  William  Bordman,  Joshua  Da-  Persons  incor- 
vis,  Caleb  Loring,  Thomas  Curtis,  and  William  Mackay,  with  po^ated. 
such  others  as  hereafter  may  associate  with  them,  their  succes- 
sors or  assigns,  be,  and  hereby  are  made  a  corporation,  by 
the  name  of  the  Dorchester  Cotton  and  Iron  Factory,  for  the 
purpose   of  manufacturing  cotton  and  iron  in  the  town, of  Dor- 
chester, and  for  that  purpose   shall  have   all  the  powers  and 
privileges,  and   be  subject  to  all  the  duties  and  requirements 
contained  in  an  act  passed  the  third  day  of  March,  one  thousand 
eight  hundred  and  nine,  entitled,  "  An  Act  defining  the  gene-   (i808  ch.  65.) 
ral  powers  and  duties  of  manufacturing  corporations." 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may  Possession  of 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value  property  ai-, 
of  fifty  thousand  dollars,  and  possessed  of  such  personal  estate  ^°^'^^* 
not  exceeding  the  value   of  one   hundred  thousand  dollars,  as 
may  be  necessary  and  convenient  for  carrying  on  the  manu- 
facture of  cotton    and  iron  in  the  said  town  of  Dorchester. 
[June  13,  1811.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  in  addition  to  an  Act,  entitled.    Chap.  2. 
An  Act  to  incorporate  Isaac  Story,  and  others,  by  the  nams  of  The  Marble-    1809  ch.  14. 
head  Social  Insurance  Company."  IgjQ  (.j,.  ig^ 

BE  it  enacted  b/  the  Senate  and  House  of  Representatives,  in 


340 


1811. 


Chap.  2—4. 


Term  extend- 
ed. 


(Extended 
1813  ch.  8. 
1817  ch.  24. 
18i9ch.  9.) 


Piovisp, 


Chap.  3. 

1809  ch.  35. 

1810  ch.  3. 


Term  extend- 
ed. 


(Further  time 
1813  ch.l. 
1816  ch.  54.) 


Proviso, 


Chap.  4. 

Materials  and 
method  of 
building. 

(Repealed  by 
ltfl2ch.  9.) 


Proviso. 


General  Court  assembled,  and  hy  the  authority  of  the  same,  Thai 
the  further  term  of  two  years  from  and  after  the  seventeenth 
day  of  June  next,  be  allowed  to  the  stockholders  in  the  Mar- 
blehead  Social  Insurance  Company,  to  pay  in  the  residue,  be- 
ing the  last  moiety  of  their  instalments,  and  amounting  in  all 
to  fifty  dollars  on  a  share  in  the  capital  stock  of  the  said  com- 
pany; and  that  the  said  residue  shall  be  paid  in  at  such  times, 
and  in  such  proportions  within  the  period  aforesaid,  as  the  di- 
rectors of  the  said  company  shall  order  or  appoint,  any  thing 
in  the  act  for  incorporating  said  company,  or  in  the  act  to 
which  this  act  is  in  addhion,  to  the  contrary  notwithstanding.  . 
Provided  however.  That  nothing  in  this  act  shall  be  construed 
to  exonerate  or  discharge  the  estates  of  the  said  stockholders 
from  being  liable  in  the  manner,  and  for  the  purposes  mention- 
ed in  the  seventh  section  of  the  said  act  of  incorporation. 
[June  13,  1811.]  Further  acts— 1813  ch.  8  :  1817  ch.  24  : 
18l9ch.  9. 

An  Act  in  further  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  Nicholas 
Thorndike  and  others,  into  a  company,  by  the  name  of  The  Beverly  Marine  In- 
surance Company." 

BE  it  enacted  hy  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  aiid  by  the  authority  of  the  same.  That 
the  further  term  of  two  years  from  and  after  the  twenty-third 
day  of  August  next,  be  allowed  to  the  stockholders  in  the 
Beverly  Marine  Insurance  Company,  to  pay  in  the  residue, 
being  the  last  moiety  of  their  instalments,  and  amounting  in  all 
to  fifty  dollars  on  a  share  in  the  capital  stock  of  the  said  com- 
pany. And  that  the  said  residue  shall  be  paid  in  at  such  times, 
and  in  such  proportions,  within  the  period  aforesaid,  as  the  di- 
rectors of  the  said  company  shall  order  or  appoint,  any  thing 
in  the  act  for  incorporating  said  company,  or  in  the  act  to 
which  this  act  is  in  addition  to  the  contrary  notwithstanding. 
Provided  however.  That  nothing  in  this  act  shall  be  construed 
to  exonerate  or  discharge  the  estates  of  the  said  stockholders 
from  being  liable  in  the  manner,  and  for  the  purposes  mention- 
ed in  the  tenth  section  of  the  said  act  of  incorporation.  [June 
13,1811.]  Furtheracts— 1813  ch.  1  :  1816  ch.  34  :  1821  ch. 
36. 

An  Act  to  secure  the  Town  of  Newburyport  from  damage  by  Fire. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Representatives,  in  General 
Court  assembled,  and  by  the  authority  of  the  same,  That  from  and  after  the  passing 
of  this  act,  no  building  of  any  kind  whatsoever,  which  shall  be  more  than  ten  feet 
high  from  the  ground  to  the  highest  point  in  the  roof  thereof,  shall  be  placed,  erect- 
ed, or  built  within  the  town  of  Newburyport,  in  the  county  of  Essex,  unless  all  the 
external  sides  and  ends  thereof,  shall  be  built  or  composed  of  brick  or  stone,  except  sp 
much  as  may  be  necessary  for  doors  and  windows,  and  all  additions  which  shall  be 
made  to  buildings  already  erected,  and  all  buildings  which  shall  be  erected  on  old 
foundations  in  part  or  in  whole,  shall  be  deemed  and  considered  within  the  restric- 
tions and  regulations  of  this  act.  Provided  nevertheless,  That  upon  any  wharf, 
marsh,  or  other  place,  where  no  sufficient  foundation  can  be  obtained,  without  un- 
reasonable expense,  on  permission  of  the  Selectmen  and  Firewards  of  said  town, 
or  the  major  part  of  them  in  writing,  wooden  buildings  of  not  more  than  two  stories 
high  may  be  erected,  and  the  permission  so  given,  shall  within  ten  days  next  after 
the  same  may  be  so  given,  be  recorded  in  the  records  of  said  town  :  and  provided 
also,  that  on  permission  as  aforesaid,  wooden  buildings  may  be  erected  on  any 
part  of  the  ground  in  said  town,  lying  on  the  southerly  and  southwesterly  side  of 
High  Street  so  called. 


1811. Chap.  4—11.  341 

Sect.  2,  \^nd  be  it  further  enacted  by  the  authority  aforesaid,  Fine  in  case  of 
That  all  and  every  person,  or  persons  who  shall  erect,  place,  forfeiture, 
or  add  to,  or  cause  to  be  erected,  placed,  or  added  to,  any 
building  or  buildings,  in  said  town  of  Newburyport,  contrary 
to  the  true  intent  and  meaning,  and  against  the  provisions  of 
this  act,  shall  forfeit  and  pay  a  fine  of  not  less  than  fifty  dol- 
lars, nor  more  than  one  thousand  dollars,  according  to  ihe  na- 
ture and  aggravation  of  the  offence,  to  be  recovered  by  infor- 
mation in  the  Supreme  Judicial  Court,  in  the  county  of  Essex, 
which  information  it  shall  be  the  duty  of  the  Attorney  General, 
and"  Solicitor  General  to  file  in  all  cases  which  may  come  to 
his  knowledge,  or  by  indictment  before  said  court. 

Sect.  3.  .^nd  be  it  further  enacted,  That  in  addition  to  the  Assessment, 
fines  above  mentioned,  there  shall  be  laid  and  assessed  upon 
every  house,  or  other  building,  which  shall  be  erected,  placed 
or  built,  contrary  to  the  provisions  of  this  act,  the  sum  of  fifty 
dollars  annually,  and  every  year,  until  the  same  shall  be  remov- 
ed, and  it  shall  be  the  duty  of  the  assessors  of  said  town  to  assess 
upon  the  owner  or  owners  of  such  building  or  buildings,  for  the 
time  being  the  said  sum  of  fifty  dollars  in  addition  to  his,  her, 
or  their  other  taxes,  to  be  collected  in  the  same  way  and  man- 
ner other  taxes  are  or  shall  be  collected,  and  the  same  remedy 
is  hereby  given  to  the  collector  or  collectors  of  taxes  for  the 
recovery  thereof.  Provided  nevertheless,  That  no  such  annual  Proviso, 
tax  shall  be  assessed  on  any  building  in  said  town,  until  it 
shall  have  been  made  to  appear  in  the  Supreme  Judicial  Court, 
that  such  building  has  been  erected,  placed,  or  built  in  said 
town  contrary  to  the  provisions  and  restrictions  of  this  act. 
[Jwne  14,  1811.]  Add.  act — 1812ch.  9. 

An  Act  establishing  the  Holden  Cotton  and  Wool  Manufactory.  Chap.  5. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same 
That  James  Eastabrook,  Eleazer  Rider,  Abner  Perry,  Asa'  Persons  incor- 
Greenwood,  Joseph  Rider,  and  Nathaniel  Rider,  together  whh  porated. 
such   other   persons  as  may  hereafter  associate   with   them, 
their  successors  and  assigns,  be  and  hereby  are  made  a  corpo- 
ration, by  the  name  of  The  Holden   Cotton   and  Wool  Manu- 
factory, for  the  purpose  of  manufacturing  cotton  and  wool  in 
the  town  of  Holden,  in  the  county  of  Worcester,  and  for  this 
purpose  shall  have  all  the  powers  and  privileges  and  be  subject 
to  all  the  duties  and  requirements  contained  in  an  act  passed 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  nine,  1808  ch.  65. 
entitled,  "An  Act  defining  the  general  powers  and  duties  of 
manufacturing  corporations." 

Sect.  2.     Be  it  further  enacted,    That  the  said  corporation  p„„»c.i„„«f 
may  be  lawtully  seized  of  such  real  estate,  not  exceeding  the  p.opeity  ai- 
value  of  twenty  thousand  dollars,  and  such  personal  estate,  not  'o^«<^- 
exceeding  thirty  thousand  dollars,  as   may  be  necessary   and 
convenient  for  establishing  and  carrying  on  the  manufactory 
of  cotton  and  wool  in  Holden  aforesaid.     [Jujxe  17,  1811.] 

An  Act  for  allowing  further  time  to  the  Stoughton  Turnpike  Corporation  for  com-   Phrtn    1 1 
pleting  their  Road.  yynujj,  n. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 


342 


1811. 


Chap.  11—15. 


Chap,  13. 


Boundaries 
tiescribed. 


Chap.  14. 


Tract  of  land 
aet  off. 


Chap.  15. 


General  Court  assembled,  and  by  the  authority  of  the  same,  That 
a  further  time  of  two  j^ears  from  the  twenty-third  day  of  June, 
one  thousand  eight  hundred  and  eleven,  be,  and  hereby  is  al- 
lowed to  said  corporation  to  complete  said  Turnpike  Road, 
any  thing  in  the  original  act  of  incorporation  to  the  contrary 
notwithstanding.     [June  19,  1811.] 

An  Act  to  alter  and  establish  the  Line  between  the  Towns  of  Dana  and  Green- 
wich. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  line  between  the  towns  of  Dana  in  the  county  of  Worces- 
ter, and  Greenwich  in  the  county  of  Hampshire,  shall  hence- 
forth be  as  is  herein  described,  viz.  beginning  at  the  southeast 
corner  of  New-Salem,  thence  east  forty-six  rods  to  land  of 
William  Cutler  and  William  Cutter,  thence  south  nineteen  de- 
grees west,  ninety-six  rods  to  a  stake  and  stones,  thence  east 
forty-six  rods  to  a  stake  and  stones  ;  thence  south  one  hundred 
and  forty-six  rods  to  a  heap  of  stones  on  a  rock,  thence  east 
fifty-four  rods  and  one  half  rod  to  a  maple  tree,  and  a  heap  of 
stones,  thence  south  two  degrees  and  one  half  degree  west, 
seventy-seven  rods  to  a  stake  and  stones ;  thence  south  forty 
degrees  west,  sixteen  rods  to  a  white  oak  tree,  thence  south 
twenty  degrees  east,  thirty-two  rods  to  a  large  pine  tree,  south 
twenty-one  degrees  west,  forty-four  i-ods  to  a  heap  of  stones, 
west  two  degrees  and  half  a  degree  north,  thirteen  rods  and 
half  a  rod  to  a  stake  and  stones  ;  thence  south  twenty  degrees 
west,  sixty-seven  rods  to  a  heap  of  stones  on  a  rock,  thence 
east  twenty-four  degrees  south,  fifty-five  rods  to  a  heap  of 
stones  ;  south  eight  degrees  west,  two  hundred  and  nine  rods, 
to  a  heap  of  stones  ;  east  fourteen  degrees  south,  one  hundred 
and  thirty  rods  and  half  a  rod  ;  north  forty  degrees  east,  twen- 
ty rods,  to  Benjamin  Richardson's  corner ;  east  forty  degrees 
south,  one  hundred  and  sixty-eight  rods,  to  a  stake  and  stones ; 
being  the  south-east  corner  of  said  Richardson's  land  ;  thence 
south  thirty-seven  degrees  west,  one  hundred  and  nine  rods  to 
a  heap  of  stones  in  the  west  line  of  land  belonging  to  Ephraim 
Thayer.     [June  1 9,  1 8 1 1 .]  

An  Act  to  annex  a  part  of  the  Tow^n  of  Sharon  to  the  Town  of  Walpole,  in  the 
County  of  Norfolk. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,^  That 
a  tract  of  land  situate  in  Sharon,  belonging  to  the  heirs  of 
Jonathan  Fales,  late  of  Walpole,  deceased,  containing  twelve 
acres  and  three  quarters,  bounded  easterly  on  land  of  the 
heirs  of  Ebenezer  Baker,  deceased,  southerly  on  land  of  Oliver 
Clap,  westerly  on  the  Norfolk  and  Bristol  Turnpike,  northerly 
on  land  of  David  Allen,  in  a  direct  line  of  the  dividing  line  be- 
tween said  towns,  and  the  said  tract  above  described,  be,  and 
the  same  is  hereby  set  off  from  the  town  of  Sharon,  and  annex- 
ed to  the  town  of  Walpole.     [June  21,  1811.] 

An  Act  to  annex  Peter  Tufts,  and  a  part  of  his  estate,  to  the  town  of  Charlestown, 
■    in  the  County  of  Middlesex, 

BE  it  enacted,  by  the  Senate  and  House  of  Representatives,  in 


1811. Chap.  15—16.  343 

General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Peter  Tufts  with  his  family,  and  that  part  of  his  estate  lying  in 
Medford,  in  said  county  of  Middlesex,  bounding  northwesterly 
©n  the  road  leading  to  Medford  bridge,  northeasterly  on  land 
of  Samuel  Dexter,  Esq.  southwesterly  on  the  road  leading  to 
Charlestown,  the  same  being  a  triangular  parcel  of  land  of 
about  five  acres,  together  with  all  the  buildings  thereon  stand- 
ing, be,  and  is  hereby  set  off  from  the  town  of  Medford  afore- 
said, and  annexed  to  the  town  of  Charlestov/n,  in  said  county 
of  Middlesex.  Provided  however,  That  the  said  Peter  Tufts 
with  said  estate  shall  be  holden  to  pay  his  proportion  of  all 
taxes  now  granted,  assessed  or  ordered  to  be  assessed  by 
said  town  of  Medford,  in  the  same  manner  as  they  would  have 
been  if  this  act  had  not  passed.     [June  21,  1811.] 

An  Act  to  incorporate  The  First  Baptist  Society  in  the  Town  of  Rowley.  Chap,  16. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Timothy  Morse,  Moses  Tenny,  Joseph  Pearson,  persons  incor-' 
Thomas  R.  Larkin,  Nathaniel  Harriman,  Parker  Smith,  John  porated. 
Savory,  William  Savory,  Silas  Hardy,  Solomon  Hale,  Samuel 
Harriman,  Richard  Dow,  Francis  Hills,  William  Woodman, 
Obadiah  Hills,  jr.  Samuel  Wheeler,  Obadiah  Hills,  Oliver 
Dole,  Joshua  Dummer,  Samuel  Dummer,  jun.  John  Thurla, 
Ebben  Pearson,  Joseph  Hardy,  Moses  Harriman,  Richard 
Kent,  Amos  Pilsbury,  Samuel  Wood,  Nathan  Longfellow,  John 
Pearson,  John  Thurla  jun.  Elihu  Pearson,  Moses  W.  Thurla,  '  • 

Abner  M.  Cheney,  Enoch  Little,  Benjamin  Plumer,  David 
Poor,  Daniel  Poor,  jun.  Benjamin  Emerson,  Thomas  Nelson, 
Timothy  Morse,  jun.  Joseph  S.  Peabody,  Artemas  W.  Perley, 
Stephen  Dole,  Daniel  Cheney,  Benjamin  Jacobs,  Peter  Clough- 
lin,  Paul  Stickney,  Jacob  Lowell,  Joseph  Floyd,  Samuel  Dum.- 
mer  and  Benjamin  Chaplin,  members  of  said  religious  so- 
ciety, together  with  their  polls  and  estates,  be,  and  they  arc 
hereby  incorporated  by  the  name  of  The  First  Baptist  Reli- 
gious Society  in  Rowley,  with  all  the  privileges,  powers  and 
immunities  to  which  other  religious  societies  in  this  Common- 
wealth are  by  law  entitled. 

Sect.  2.  And  bt  it  further  enacted,  That  any  person  in  the  town  Qualifications 
of  Rowley,  or  in  the  adjoining  towns  who  may  at  any  time  hereaf-  ^°  constitute  a 
ter  actually  become  a  member  of,  and  unite  in  religious  worship 
with  said  society,  in  said  Rowley,  and  give  in  his  or  her  name 
to  the  clerk  of  the  parish  to  which  he  or  she  belonged,  with  a 
certificate  signed  by  the  minister  and  clerk  of  said  society,  or 
by  a  committee  chosen  for  that  purpose,  that  he  or  she  hath 
actually  become  a  member  of,  and  united  in  religious  worship 
with  said  Baptist  religious  society,  in  Rowley,  fourteen  days 
previous  to  the  parish  meeting  therein,  to  be  held  in  the  month 
of  March  or  April  annually,  shall  from  and  after  giving  such 
certificate,  with  his  or  her  polls  and  estates,  be  considered  as  a 
member  of  said  society.  Provided  however,  that  such  persons 
shall  be  held  to  pay  his  or  her  proportion  of  all  monies  assess- 
ed or  voted  in  the  parish,  to  which  he  or  she  belonged,  previ- 
ous to  that  time. 


344 


1811. 


Chap.  16—23. 


Requisite  mea- 
sures for  leav- 
ing the  society. 


Warrant  to  be 
issued. 


Chap.  29. 

1809  ch.  lOi. 


Land  set  off. 


Sect.  3.  ^^nd  be  it  further  enacted,  That  when  any  membef 
of  said  society,  shall  see  cause  to  leave  the  same,  and  unite  in 
religious  worship  with  the  society  in  the  parish  in  which  he  or 
she  may  live,  and  shall  give  in  his  or  her  name  to  the  clerk  of 
said  Baptist  rehgious  society,  with  a  certificate  signed  by  the 
minister  and  clerk  of  the  parish  with  which  he  or  she  may 
unite,  that  he  or  she  hath  actually  become  a  member  of,  and 
united  in  religious  worship  with  such  other  parish,  fourteen 
days  previous  to  their  annual  meeting  in  March  or  April,  and 
shall  pay  his  or  her  proportion  of  all  monies  voted  in  said  so- 
ciety, or  raised  previous  thereto,  shall  from  and  after  giving 
such  certificate  with  his  or  her  polls  and  estates,  be  considered 
as  a  member  of  the  society  to  which  he  or  she  hath  so  united. 

Sect.  4.  And  be  it  further  enacted,  That  any  Justice  of  the 
Peace  in  the  county  of  Essex,  be,  and  he  is  hereby  authorized 
and  empowered,  to  issue  his  warrant,  directed  to  some  suitable 
member  of  said  society,  to  meet  at  such  time  and  place  as  shall 
be  appointed  in  said  warrant,  to  choose  such  officers,  and  trans- 
act such  other  business,  as  parishes  are  by  law  entitled  to 
choose  and  transact  in  the  month  of  March  or  April  annually. 
[Jiine  21,  1811.] 

An  Act  in  addition  to  the  several  Acts  defining  the  limits  of  the  towns  of  Conway, 
Deerfield  and  Whately. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa^ 
tives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  from  and  after  the  passing  of  this  Act,  all  the  land  lying 
and  being  south  of  the  north  line  of  lot  number  sixteen  in  the 
long  hill  (west  division,  so  called,)  in  the  town  of  Deerfield,  in 
the  county  of  Hampshire,  be,  and  hereby  is  set  off  from  the 
said  town  of  Deerfield,  and  annexed  to  the  town  of  Conway  in 
said  county. 

Sect.  2.  And  be  it  further  enacted,  That  from  and  after  the 
passing  of  this  Act,  the  easterly  line  of  the  town  of  Conway, 
between  the  said  town  and  the  towi^  of  Whately,  be,  and  here- 
by is  established  as  follows,  to  wit,  beginning  at  the  southwest 
corner  of  Thomas  Sanderson's  land  on  the  line  of  the  town  of 
Whately  ;  thence  running  north  thirty-two  degrees  east,  sixty- 
four  rods  and  four  links ;  thence  north  seven  degrees  and  thir- 
ty minutes  west,  ninety-four  rods ;  thence  north  thirteen  de- 
grees east,  eighty-eight  rods  to  the  north  line  of  said  lot,  num- 
ber sixteen,  in  said  town  of  Deerfield. 

Sect.  3.  Be  it  further  enacted,  That  all  parts  of  Acts  incon- 
sistent with  the  provisions  of  this  Act  be,  and  the  same  here- 
by are  repealed.      [June  21,  1811.] 

Chap.  23.       An  Act  to  incorporate  John  L.  Sullivan  and  others,  by  the  name  and  style  of  the 
Merrimack  Boating  Company. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
Persons  incor-  That  the  Said  John  L.  Sullivan,  his  associates  and  successors, 
poia  e  .  ^^^  ^^j  hereby  are  incorporated,  and  shall  be  a  corporation 

me  eaied        'i^^^  ^^^  '^^'^"^  ®^  twenty  years,]  under  the  name  of  the  Merri- 
1816  ch.  32.)    mack  Boating  Company,  and  by  that  name  may  sue  and  pro- 


Boundaries 

fixed. 


1811. Chap.  23.  345 

secute,  and  be  sued  and  prosecuted,  to  final  judgment  and  exe-  Corporation 
cution,  and  shall  be,  and  hereby  are  vested  with  all  the  powers  1"*^  ^^f  ^"^ 
and  privileges  which  are  by  law  incident  to  corporations,  for 
the  purposes,  and  only  for  the  purposes,  in  this  Act  provided 
for. 

Sect.  2.  Jlnd  be  it  further  enacted,  That  the  said  John  L. 
Sullivan,   his   associates  and   successors,  shall  under  this  Act  ^g"  boats' and 
have  power  and  authority  to  have,  own,  and  use  boats  for  the  boundaries 
purpose  of  transporting  goods,  wares  and  merchandize,  the  pro-  ^^^^' 
duce  and  manufacture  of  the  country,  and  other  things  from  the 
harbour  of  Boston  to  the  westerly  end  of  Middlesex  Canal,  and 
from  thence  up  the   river  Merrimack  to  the  northerly  line   of 
this  state  ;  and  from  the  northerly  line  of  this  state  on  the  said 
river  and  Middlesex  Canal,  to  the   harbour  and  town   of  Bos- 
ton, and  all  the  intermediate  places  on  the  waters  of  Merrimack 
river,  and  the  harbour  aforesaid. 

Sect.  3.     And  be  it  further  enacted  by  the  authority  aforesaid,  p     .  . 
That  the  said  John  L.  Sullivan  may  make  an  application  to  caulug  meet- 
any  Justice  of  the  Peace  for  the  county  of  Suffolk,  requesting  ings. 
him  to  call  a  meeting  of  the  proprietors  to  be   holden  at  some 
convenient  place  within  the  town  of  Boston,  in  the  same  coun- 
ty ;  whereupon  such  Justice  is  hereby  empowered  to  issue  his 
warrant,  directing  him  to  warn  and  notify  said   proprietors  to 
meet  at  such  time  and  place  in  said  town  of  Boston,  as  he  shall 
therein  direct,  to  agree  on  such  method  as  may  be  thought  pro- 
per for  calling  meetings  of  the  said  company  for  the  future  ; 
and  to  do  and  transact  such  matters  and  things,  relating  to  the 
said  corporation,  as  shall  be  expressed  in   the  warrant.     And 
the  proprietor  to  whom  such  warrant  shall  be  directed  shall 
give  notice  to  the  proprietors,  by  causing  the  same  or  the  sub- 
stance thereof,  to  be   published  in  two  of  the  Boston   newspa- 
pers fourteen  days  before  the  holding  of  the  said  meeting,  and 
make  return  thereof  under  his  hand  to  the  same  meeting,  to  be 
lodged  with  the  clerk  to  be  then  and  there  chosen.     And  the  Proprietors  to 
proprietors  may  at  the  same,   or    any  other    legal  meeting,  ^^°°^^  officers. 
choose  a  clerk,  treasurer,  agent  and  other  officer  or  officers 
of  the  corporation,  that  they  may  deem  necessary  for  ordering 
and  regulating  the  business  and  affairs  of  the  said  corporation ; 
and  every  proprietor  shall  have  a  right  to  vote  in  the  proprie- 
tary meetings,  according  to  his  share  and  interest,  in  person  or 
by  representation,  each  share  having  one  vote. 

Sect.  4.     And  be  it  enacted  by  the  axithority  aforesaid.  That  Possession  of 
the  corporation  hereby  erected,  are  authorized  and   empower-  piopertyai- 
ed  to  purchase,  and  hold  to  them  and  their  successors  forever,  '"^ed. 
so  much  personal  estate  consisting  of  boats  and  tackle,  engines 
and  apparel  necessary  for  transportation  as    aforesaid,  and  so 
much  real  estate  as  may  be  necessary  for  the  purpose  of  land- 
ing places  and  store-houses;  ProriJec?,  the  whole  property  does  Proviso. 
not  exceed  the  value  of  one  hundred  thousand  dollars,  and 
comprehend  no  more  than  twenty  acres  of  land,  not  more  than 
two  of  which  shall  lie  in  Boston.     [And  all  property  held  by"^-Aitered  to 
said  corporation,  shall  be  divided  into  one  hundred  shares,]  and  jg?g^^uT2i 
shall  be  considered  as  personal  property,  and  transferable  by 
VOL.  IV.  44 


346  '  1811. Chap  23— 28. 

assignment.  Provided,  that  all  real  estate  held  in  any  town  by 
said  corporation  shall  be  liable  to  taxation  in  such  town,  as 
other  real  estates  are  liable  to  be  taxed. 

Sect.  5.  Andbe  it  further  enacted  by  the  authority  aforesaid,  That  the  property- 
Personal  pro-  of  the  corporation,  and  the  real  and  personal  estate  of  the  individuals  respectively 
party  liable  for  who  compose  the  same,  shall  be  liable  for  the  debts  of  the  corporation  ;  and  that 
•l*'t)ts.  any  writ  of  execution  issued  on  any  judgment  against  the  said  corporation,  maybe 

(Repealed  levied  on  any  estate  of  the  said  corporation,  or  on  any  estate  real  or  personal  of 

1816  ch  32  )  'iiy  individual  who  is  a  member  of  said  corporation.  [Jw/ie  21,  1811.]  Add.  act — 
1816  ch,  32. 

Chap,  25.  An  Act  to  annex  Isaac  Smith  and  John  Ellis,  jun.  to  the  town  of  Walpole. 

1783  ch.  27.  £^  (i  enacted  by  the  Senate  and  House  of  Representatives,  in 

<-••?•  0  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Isaac  Smith  and  John  Ellis,  jun.  of  Walpole,  in  the  county  of 
Norfolk,  with  their  polls  and  estates,  lying  and  being  in  said 
Walpole,  be,  and  hereby  are  set  off  from  the  third  parish  in 
Dedham,  and  re-annexed  to  the  said  town  of  Walpole.  [June 
21,  1811.] 

Chap,  26.  An  Act  to  annex  Daniel  Rogers,  to  the  town  of  Brewster. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  iti 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Daniel  Rogers,  with  his  family  and  estate,  be,  and  hereby  is 
set  off,  from  the  town  of  Harwich,  and  annexed  to  the  town  of 
Brewster,  there  to  do  the  duties  and  exercise  the  privileges  of 
other  inhabitants  of  the  said  town  of  Brewster.  [June  21, 
1811.] 

Chap,  28.        ^^  Act  in  addition  to  an  Act,  entitled  "  An  Act  to  establish  the  Middlesex  Turn- 
1805  ch    12  f ''^^  Corporation,  and  to  the  several  Acts  in  addition  thereto." 

(V-3.P-611.)      WHEREAS  by  an  Act  of  the  legislature,  passed  February 

i8ioch!i2o!     ^^1  1811^  ^he  Middlesex  Turnpike  Corporation,  were  authoriz- 

Preambie.         ^^  to  erect  One  of  their  gates,  on  any  part  of  their  road  between 

the  old  road  in  Lexington,  and  the  old  road  in  West  Cambridge, 

near  the  foot  of  the  rocks  (so  called),  by   which  Act,  sundry 

persons  feel  themselves  aggrieved.     Therefore, 

Sect.  1.     Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
Persons  incor-  That  all  the  inhabitants  of  the  town  of  Lexington,  and  Nathan 
porated.  Harrington,  James  Wright,   Isaac  Reed,  Silvanus  Wood,  and 

Abel  Pierce,  of  Woburn,  and  their  families,  and  all  future  oc- 
cupants of  their  farms,  shall  have  the  liberty  of  passing  and  re- 
passing on  the  old  county  road,  and  through  the  gate  (should  a 
gate  be  erected  on  said  old  road)  at  all  times  free  of  toll,  pro- 
vided they  travel  on  said  old  county  road. 
Commissioners  Sect.  2.  Be  it  further  enacted,  That  William  Blanchard,  Sa- 
appointe*.  muel  Hoar,  and  Joseph  Barrett,  Esq.  be,  and  hereby  are  ap- 
pointed commissioners,  and  authorized  to  establish  the  gates  on 
the  Middlesex  turnpike  road  according  to  the  provisions  of  the 
several  Acts,  establishing  said  turnpike  corporation,  and  the  re- 
port of  said  commissioners,  or  any  two  of  them,  made  and  filed 
in  the  office  of  the  clerk  of  the  Court  of  Common  Pleas,  for  the 
county  of  Middlesex,  shall  be  held  and  considered  a  legal  es- 
tablishment of  said  gates. 

Sect.  3.  Be  it  further  enacted^  That  said  corporation  may 


1811. Chap.  28—31.  347 

purchase  and  hold  real  estate  for  the  accommodation  of  their  P^^J^yjo"  ^j_ 
road,  to  any  amount  not  exceeding  fifteen  thousand   dollars.  °^^l^^^'  ^ 
[June  21,  1811.]     Further  act— 1819  ch.  62. 

An  Act  establishing  the  First  Methodist  Society  in  Salisbury.  Lhap.  31. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  John  Merrill,  Moses  Pike,  Joseph  Pettengill,  Benjamin  Persons  mcor- 
Stevens,  Levi  Jackman,  Jacob  Buswell,  Abel  Eaton,  Jesse  Carr,  ^ 
Jacob  Buswell,  jr.  John  Pike,  Daniel  Carr,  Osgood  Carr,  Sa- 
muel Merrill,  John  Merrill,  jun.  Chase  Stevens,  Daniel  Eaton, 
Benjamin  French,  Samuel  Eaton,  Moses  Deal,  jun.  Samuel 
True,  jr.  Moses  True,  Henry  True,  Samuel  True,  4th.  Moses 
Pike,  jr.  Moses  Pike,  4th.  Caleb  Merrill,  Samuel  Eaton,  jr. 
Samuel  Pike,  Silas  Pike,  Benjamin  Merrill,  Elias  Pike,  John 
French,  jr.  Joseph  Pettingill,  jun.  Caleb  Pike,  3d.  Nathaniel 
Jackman,  Elisha  Eaton,  Archalus  Eaton,  Richard  Eaton,  with 
their  families  and  estates,  together  with  such  others  as  have  or 
may  hereafter  associate  with  them  or  their  successors,  be,  and 
they  are  hereby  incorporated  as  a  separate  religious  society, 
by  the  name  of  the  First  Methodist  Society  in  the  town  of  Sa- 
lisbury, with  all  the  powers  and  privileges  to  which  parishes 
or  religious  societies  are  entitled,  according  to  the  constitution 
and  laws  of  this  Commonwealth.  Provided  however,  that  all  such  Proviso, 
persons  shall  be  holden  to  pay  their  proportion  of  all  monies 
legally  assessed  upon  them  and  their  estates,  for  parochial  pur- 
poses in  the  parishes  to  which  he  or  she  formerly  belonged. 

Sect.  2.  Be  it  further  enacted,  That  any  person  belongmg  to  Qualifications 
any  other  religious  society,  in  the  said  town  of  Salisbury,  who  ;^^^^Jf;^"^«  * 
may  desire  to  join  with  the  said  Methodist  society,  in  the  town 
aforesaid,  and  who  shall  declare  such  intention  in  writing,  de- 
livered to  the  parish  clerk,  or  the  clerk  of  such  other  religious 
society,  and  produce  a  certificate,  signed  by  the  minister  or 
clerk  of  said  Methodist  society,  that  he  or  she  has  actually  be- 
come a  member  of,  and  united  in  religious  worship  with  the 
said  Methodist  society,  on  or  before  the  first  day  of  March  m 
any  year,  such  person  shall  from  the  date  of  such  certificate, 
be  considered  with  his  or  her  polls  and  estates,  a  member  of 
said  Methodist  society. 

Sect.  3.  Be  it  further  enacted.  That  when  any   member  of  Measures  to  be 
the  said  Methodist  society  shall  see  cause  to  leave  said  society   taken  for  leav- 
and  unite  with  any  other  religious  society,  in  the  town  in  which 
he  or  she  may  dwell  or  have  their  home,  and  give  such  notice 
of  their  intention,  to  the  minister  or  clerk  of  the  said  Methodist 
society,  and  shall  also   give  in  his  or  her  name  to  the  minister 
or  clerk  of  such  other  society,  and  from  them  or  either  of  them 
produce  a  certificate  to  the  said  Methodist  society,  that  they 
have  actually   become  members  of  such  other  society,  fifteen 
days  previous  to  the  annual  parish  or  society  meeting,  such 
person  shall  from  the  date  of  such  certificate,  with  his  or  her 
polls  and  estate,  be  considered  a  member  of  such  other  socie- 
ty.    Provided  however,  that  in  every  case  of  seceding  from  one  Proviso, 
society,  and  joining  another,  every  such  person  shall  be  held 


348  1811. Chap.  31—37. 

to  pay  his  or  her  proportion  of  all  parochial  expenses,  irjcurred 
previous  to  leaving  such  society. 
Warrant  to  be       Sect.  4.  Be  il  further  enacted^  That  any  Justice  of  the  Peace 
issued.  for  the  county  of  Essex,  upon   application  therefor,   is   hereby 

authorized  to  issue  a  warrant  directed  to  some  member  of  said 
Methodist  society,  requiring  him  to  notify  and  warn  the  mem- 
bers of  said  society  to  meet  together  at  such  time  and  place,  as 
shall  be  appointed  in  said  warrant,  for  the  choice  of  such  offi- 
cers as  parishes  or  religious  societies  are  by  law  authorized 
and  empowered  to  choose  at  their  annual  parish  or  society 
meetings.     [June  21,  1811.] 

Chap.  35.        An  Act  to  incorporate  sundry  persons  by  the  name  of  The  Marshfield  Cotton  and 
Wool  Manufactory. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 

Persons  incor-  f"'^^'»   '^^^^  Thomas  Hobart,  Jonathan  Stetson,   Ezra  Weston, 

porated.  jun.  and  Chandler   Sampson,  with   such   other  persons   as  al- 

ready have,  or  hereafter  may  associate  with  them,  their  suc- 
cessors and  assigns,  be,  and  they  hereby  are  made  a  corpo- 
ration by  the  name  of  The  Marshfield  Cotton  and  Wool  Man- 
ufactory, for  the  purpose  of  manufacturing  cotton  and  wool- 
len yarn  and  cloth  within  the  town  of  Marshfield,  and  for  such 
purposes  shall  have  all  the  powers  and  privileges  and  be  sub- 
ject to  all  the  duties  and  requirements  contained  in  an  act,  entit- 

(1808  ch.  65.)  led  '^  An  act  defining  the  general  powers  and  privileges  of 
Manufacturing  Corporations." 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may 

May  hold  real  jje  lawfully  Seized  and  possessed  of  such  real  estate,  not  ex- 
ceeding fifty  thousand  dollars,  and  such  personal  estate  not 
exceeding  one  hundred  and  fifty  thousand  dollars,  as  may  be 
necessary  for  the  purposes  aforesaid.     [June  21,  1811.] 

L'tiap,  6  I,  An  Act  to  alter  the  names  of  certain  persons  therein  mentioned. 

BE  it  enacted  by  the  Senate  ayid  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Names  alter-    from  and  after  the  passing  of  this  act,  Thomas  Searle  of  Row- 
^  '  ley,  in  the  county  of  Essex,  son   of  Joseph   Searle,  shall  be 

allowed  to  take  the  name  of  Thomas  Colman  Searle;  that 
Joseph  Jones,  of  Boston,  in  the  county  of  Suffolk,  shall  be 
allowed  to  takeTthe  name  of  Charles  Henry  Jones;  that  Abra- 
ham Quincy,  of  Boston  aforesaid,  shall  be  allowed  to  take 
the  name  of  Abraham  Howard  Quincy  ;  that  Elizabeth  Mock, 
of  Boston  aforesaid,  single  woman,  shall  be  allowed  to  take  the 
name  of  Elizabeth  Allen  ;  that  William  Rogers,  of  Boston 
aforesaid,  shall  take  the  name  of  William  Charles  Rogers ; 
that  John  King,  jun.  of  Salem,  in  the  county  of  Essex,  shall 
be  allowed  to  take  the  name  of  John  Glen  King ;  that  John 
Harris,  jun.  of  Marblehead,  in  said  county  of  Essex,  shall  be 
■  allowed  to  take  the  name  of  John  Lord  Harris ;  that  Moses 
Atkinson,  of  Newbury,  in  said  county  of  Essex,  shall  be  al- 
lowed to  take  the  name  of  Moses  Little  Atkinson ;  that  Mo- 
ses Moody  Swan,  of  Haverhill,  in  said  county  of  Essex, 
shall  be  allowed  to  take  the  name  of  Moses  Swan  Moody ; 


1811. Chap.  37—38.  349 

that  Levi  Whitmore,  of  Frarningham,  in  the  county  of  Middle- 
sex, shall  be  allowed  to  take  the  name  of  Levi  Foster  Whit- 
more ;  that  Samuel  B.  Harris,  of  Charlestovvn,  in  said  county, 
shall  be  allowed  to  take  the  name  of  Samuel  Harris  Bradstreet ; 
that  BTtchellor  Hnssey,  of  Portland,  in  the  county  of  Cum- 
berland, shall  be  allowed  to  take  the  name  of  Henry  Hussey; 
that  Simeon  Alden,  jun.  of  Randolph,  in  the  county  of  Nor- 
folk, shall  be  allowed  to  take  the  name  of  Horatio  Bingly 
Alden ;  that  Marilla  Gurney,  of  the  town  of  Abbington,  in  the 
county  of  PlymoDth,  shall  be  allowed  to  take  the  name  of 
Marilla  Livingston  Gurney  ;  that  Samuel  Barnard,  of  Boston 
aforesaid,  shall  be  allowed  to  take  the  name  of  George  Ed- 
ward Augustus  Carpenter  Barnard. 

And  each  of  the  persons  before  named  shall  be  allowed  to 
assume  the  said  names  respectively,  and  they  shall  in  future 
be  called  and  known  by  the  said  names,  and  the  said  names 
shall  hereafter  be  considered  as  their  only  proper  names,  to 
all  intents  and  purposes.     [June  21,  1811.] 

An  Act  to  incorporate  certain  persons  for   the  purpose  of  building  a  bridge  over    /-<i»  ^q 

Connecticut  river,  between  the  towns  of  Sunderland  and  Deerfield,  in  the  coun-   ^i^ttp,  oo. 
t}'  of  Hampshire. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Court  assembled,  and  by  the  anihority  of  the 
same,  That  Eliakim  Arms,  Elijah  Arms,  Samuel  Church,  Ab-  persons  incor- 
ner  Cooley,  William  Delano,  Cotton  Graves,  Erastus  Graves,  porated. 
Giles  Hubbard,  jun.  Moses  Leonard,  Calvin  Merrill,  John 
Montague,  William  Montague,  Daniel  Montague,  jun.  John 
Russell,  Nathaniel  Smith,  Horace  W.  Taft,  and  John 'Wiley,  to- 
gether with  such  others  as  have,  or  may  hereafter  associate 
with  them  and  their  successors,  be,  and  they  are  hereby  made 
and  declared  to  be  a  corporation  and  body  politic,  by  the 
name  of  The  Proprietors  of  the  Sunderland  Bridge,  and  by 
that  name  may  sue  and  be  sued  to  final  judgment  and  execu- 
tion, and  shall  do  and  suffer,  all  other  things,  which  similar 
corporations  may  or  ought  to  do  and  suffer. 

Sect.  2.     Be  it  further  enacted,  That  the  proprietors  afore- 
named be,  and  they  are   hereby  authorized  to  build  a  bridge  Empowered 
over  Connecticut  river  between  the    towns  of  Deerfield  and  to  build  a 
Sunderland,  at  or  near  Morris'  ferry,  and  the  said  bridge  shall  ^"'^s^* 
be  faithfully  built  with  sound  and  durable   materials,  at  least 
twenty-eight  feet  wide,  and  covered  with  planks,  and  have  a 
sufiicient  railway  on   each  side  of  the  bridge  for  the  safety  of 
passengers,  and  the  said  bridge  shall  at  all   times  be  kept  in 
safe,  convenient,  and  passable  repair. 

Sect.  3.  Be  it  further  enacted,  That  a  toll  be,  and  hereby  Toll  establish- 
is  granted  to  the  proprietors,  to  reimburse  them  for  their  ex-  ed. 
penses  in  building  said  bridge,  and  for  supporting  the  same, 
viz. — For  each  foot  passenger,  three  cents ;  for  each  horse 
and  rider,  seven  cents ;  for  each  horse  and  chaise,  chair,  or 
sulkey,  sixteen  cents ;  for  each  coach,  chariot,  phaston,  or 
other  four  w^heekd  carriage  for  passengers,  thirty-three  cents  ; 
for  each  curricle,  twenty-five  cents ;  for  each  sleigh  drawn  by 


350 


1811. 


Chap.  38—39. 


Exemptions 
from  toll. 


Method  of 
calling  a  meet- 
ing. 


Pioprietors 
to  establish 
by-laws. 


Chap,  39. 


one  horse,  ten  cents ;  and  if  drawn  by  more  than  one  horse, 
twelve  and  an  half  cents;  for  each  cart,  sled,  or  other  carriage 
of  burthen  drawn  by  one  beast,  ten  cents  ;  if  drawn   by  two 
beasts,  sixteen  cents ;  and  if  drawn  by  more  than  two  beasts, 
twenty  cents ;  for  each  horse  without  a  rider,  and  for  neat 
cattle,  three  cents  each ;  and  for  sheep  and  swine,  one  cent 
each;  and  one  person  and  no  more  shall  be  allowed  to  each 
team  as  a  driver  to  pass  free  of  toll,  and  all  persons  who  shall 
have  occasion  to  pass   said  bridge  to  perform  military  duty, 
or  to  attend  public  worship  on  the  Lord's  day,  shall  pass  free 
of  toll ;  and  the  toll  shall  commence  on  the  day  of  the  first 
opening  of  said  bridge,  and  shall  continue  for  the  term  of  sev- 
enty years,  and  at  the  place  where  the  toll  shall  be  received, 
there  shall  be  erected  and  constantly  exposed  to  view,  a  sign- 
board with  the  rates  of  toll  fairly  and  legibly  written  or  print- 
ed thereon,  in  large  or  capital   letters,  and  the   said  corpora- 
tion at  the  time  of  opening  said  bridge   shall  cause  a  true  and 
just  account  of  the  expenses  thereof,  to  be  returned   into  the 
office  of  the  Secretary  of  this  Commonwealth,  and  after  fifteen 
years  from  the  opening  said  bridge,  the  General   Court  may 
regulate  the  rates  of  toll  receivable  thereat :  Provided  hozvever, 
That  if  the  said  proprietors  shall  neglect  for  the  space  of  six 
years  from  the  passing  of  this  act,  to  build  and  finish  the  said 
bridge,  then  this  act  to  be  void  and  of  no  effect. 

Sect.  4.  Be  il  further  enacted.  That  any  three  of  the  per- 
sons aforenamed  may  warn  and  call  a  meeting  of  the  proprie- 
tors, to  be  holden  at  any  convenient  time  and  place,  by  pub- 
lishing the  same  three  weeks  successively  in  the  Hampshire 
Gazette,  published  in  Northampton,  the  last  publication  to  be 
six  days  at  least  before  the  time  of  such  meeting,  and  the  said 
proprietors  by  a  vote  of  the  majority  of  those  present,  or 
represented  at  said  meeting,  shall  appoint  a  clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  said  office,  and  in  voting 
for  the  said  clerk,  and  in  all  other  cases,  one  vote  only  shall  be 
allowed  to  each  single  share ;  Provided  however,  That  no  one 
proprietor  shall  be  allowed  more  than  twenty  votes,  and  at  the 
said  first  meeting  the  proprietors  may  also  agree  on  a  method 
of  calling  future  meetings,  and  at  the  same,  or  some  subsequent 
meeting  or  meetings,  may  elect  such  officers,  and  make  and 
establish  such  rules  and  by-laws,  as  to  them  shall  seem  ne- 
cessary or  convenient  for  the  regulation  and  government  of  the 
said  corporation,  and  for  carrying  into  effect  the  purposes 
aforesaid,  and  for  collecting  the  toll  herein  granted,  and  may 
annex  penalties  to  the  breach  of  any  by-laws,  not  exceeding 
five  dollars ;  and  all  representations  at  said  meetings  shall  be 
filed  with  the  clerk  of  the  said  corporation,  and  this  act,  and 
all  rules,  regulations,  and  proceedings  shall  be  faily  and  truly 
recorded  by  the  said  clerk  in  a  book  or  books  to  be  provided 
and  kept  for  that  purpose,  [/ime  21,  ISll.]  Add  act — 1811 
ch.  122. 

An  Act   to  establish  The  First  Baptist  Society  in  the  town  of  Woburn. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represent 


1811. Chap.  39.  351 

ialhes^  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  George  Washington  Reed,  Samuel  Bryant,  Jacob  Society  incor- 
Eames,  2d.  Jacob  Buckman,  Jonathan  Con  vers,  Jacob  Wright,  P°'f^*«<^' 
John  Fowle,  Lille  Eaton,  Elijah  Leathe,  Benjamin  Wood, 
Abel  Richardson,  3d.  John  Edgell,  Abel  Richardson,  John 
Fowle,  2d.  Ebenezer  Reed,  Ebenezer  Reed,  2d.  James  Waide, 
Jacob  Leathe,  Jesse  R.  Fowle,  Daniel  Hadley,  Thomas  Ea- 
ton, Ezra  Kimball,  Joshua  Reed,  Zadock  Wjman,  2d.  Hiram 
Thompson,  Elijah  Leathe,  2d.  Isaac  Wood,  Benjamin  Fowle, 
Jacob  Richardson,  John  Cummins,  Jacob  Richardson,  2d. 
Isaac  Merrion,  Jonathan  W.  Fowle,  Rachel  Reed,  Rebecca 
Tottingham,  William  Emerson,  Samuel  West,  John  Waide, 
Ichabod  Parker,  William  Young,  William  Young,  2d.  Josiah 
Convers,  Luther  Convers,  Thomas  Pool,  Ruth  Eaton,  Phebe 
Eaton,  Lot  Eaton,  Keziah  Thompson,  Elijah  Wyman,  Jethro 
Richardson,  Samuel  T.  Richardson,  Josiah  Richardson,  Sam- 
uel Evans,  Micajah  Lock,  Samuel  Tidd,  Joseph  H.  Beers, 
Nathaniel  Waide,  Joseph  H.  Beers,  2d.  John  B.  Beers,  Job 
Richardson,  Edward  Richardson,  2d.  Charles  Richardson, 
Reuben  Richardson,  Jesse  Convers,  Sarah  Evans,  John  Tidd, 
Joshua  Convers,  William  Wood,  Hepsebah  Convers,  Hiram 
Flagg,  Benjamin  Edgell,  Abel  Winn,  Jerry  Winn,  Samuel  E. 
Wyman,  Eleazer  F.  Pool,  Thomas  Dean,  Nathan  Peirce,  Jo- 
seph Winn,  Abraham  Skinner,  Sylvanus  Wood,  Josiah  Lock, 
Asa  Lock,  Robert  Wood,  George  Richardson,  Hosea  Evans, 
and  Matthew  Skillton,  together  with  all  such  others  as  may 
hereafter  associate  with  them,  with  their  polls  and  estates,  be, 
and  they  are  hereby  incorporated  into  a  religious  society,  by 
the  name  of  The  First  Baptist  Society  in  Woburn,  with  all 
the  powers,  privileges  and  immunities  which  parishes  are  en- 
titled to,  by  the  constitution  and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  any  person  in  either  of  the  Method  of  be- 
said  towns  of  Woburn  or  Burlington,  or  any  other  town,  who  may  ^°™'"g  mem- 
at  any  time  hereafter  join  with  and  actually  become  a  member 
of,  and  unite  in  religious  worship  with  the  society  aforesaid, 
and  give  in  his  or  her  name  to  the  clerk  of  the  town  or  parish 
to  which  he  or  she  may  belong,  and  produce  a  certificate, 
signed  by  the  minister  or  clerk  of  the  said  Baptist  society, 
that  such  person  has  actually  become  a  member  of  said  Bap- 
tist society,  fourteen  days  previous  to  the  town  or  parish  meet- 
ing to  be  held  in  the  month  of  March  annually,  shall  from 
and  after  the  date  of  such  certificate,  with  his  or  her  polls  and 
estates,  be  considered  as  a  member  of  said  Baptist  society. 
Provided  hozvever,  That  all  such  persons  shall  be  held  to  pay 
his  or  her  proportion  of  all  monies  voted  or  assessed  in  the 
town  or  parish  to  which  he  or  she  formerly  belonged,  within 
one  year  previous  to  their  leaving  the  same. 

Sect.  3.     Be  it  further  enacted,  That  whenever  any  member  Manner  of 
of  said  Baptist  society  shall  see  cause  to  leave  the  same,  and  leaving, 
unite  with  any  other  religious  society  in  the  town  in  which 
he  or  she  may  reside,  and  shall  declare  such  intention  in  wri- 
tingj  and  deliver  the  same  to  the  minister  or  clerk  of  said 


352 


1811. 


Chap.  39—40. 


Warrant  to  be 
issued. 


Chap.  40. 


Selectmen  to 
appoint  Con- 
stables. 


Treasurer  to 
be  collector 
with  power  to 
appoint  depu- 
ties. 


(See  ISl.*;  ch, 
2.) 


Baptist  society,  and  also  leave  a  copy  of  the  same  with  the 
clerk  of  the  town  in  which  he  or  she  may  reside,  and  also  with 
the  clerk  of  the  parish  in  said  town  to  which  he  or  she  may 
intend  to  be  united,  fourteen  days  at  least  before  the  town  or 
parish  meeting  to  be  held  in  the  month  of  March  annually, 
shall  from  and  after  the  date  of  such  certificate,  with  his  or 
her  polls  and  estates,  be  considered  as  belonging  to  the  town 
or  parish  in  which  he  or  she  may  intend  to  be  united  in  the 
same  manner  as  if  he  or  she  had  never  belonged  to  said  Bap- 
tist society.  Provided  however^  That  all  such  persons  shall  be 
held  to  pay  their  proportion  of  all  monies  voted  or  assessed 
in  the  said  Baptist  society,  within  one  year  previous  to  their 
leaving  the  same. 

Sect.  4.  Be  it  further  enacted^  That  Bill  Russell  Esq.  is 
hereby  authorized  to  issue  his  warrant  directed  to  some  prin- 
cipal member  of  said  Baptist  society,  requiring  him  to  notify 
and  warn  the  members  thereof  to  meet  at  such  time  and  place, 
as  shall  be  appointed  in  said  warrant,  to  choose  all  such  offi- 
cers and  transact  all  such  business  as  parishes  in  this  Com- 
monwealth are  by  law  authorized  to  do  in  the  month  of  March 
or  April  annually.     [June  21,  1811.] 

An    Act  regulating  the  collection  of  taxes   in   the   town  of  Newburyport,  and 
providing  for  the  appointment  of  Constables  in  the  said  town. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  Selectmen  of  the  town  of  New  bury  port,  be, 
and  they  hereby  are  empowered  to  appoint  annually  such  a 
number  of  persons  as  Constables  in  said  town,  as  the  public 
service  may  require,  and  the  said  Constables  so  appointed, 
shall  be  sworn  to  the  faithful  discharge  of  the  duties  of  said  office, 
by  any  one  of  the  said  Selectmen  who  shall  enter  the  same 
on  their  records,  and  the  said  Constables  shall  also  give  bonds 
to  the  Treasurer  of  the  said  town  of  Newburyport  in  such 
sums,  and  on  such  conditions,  as  the  said  Selectmen  shall  think 
proper  for  the  faithful  performance  of  the  duties  of  their  office; 
and  the  Constables  so  appointed  by  the  said  Selectmen  shall 
have  the  same  powers  as  are  by  law  vested  in  Constables 
chosen  by  the  towns  in  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  the  treasurer  of  the 
town  of  Newburyport  shall  be  the  collector  of  the  state,  county, 
and  town  taxes  in  said  town,  and  shall  be,  and  hereby  is  em- 
powered to  substitute  and  appoint  under  him  such,  and  so  many 
deputies  or  assistants  as  the  service  may  be  found  to  require, 
who  shall  give  bonds  to  the  said  treasurer  in  his  said  capacity 
for  the  faithful  discharge  of  their  duty,  in  such  sums  and  with 
such  sureties  as  the  selectmen  of  said  town  may  think  proper. 
And  the  said  collector  and  his  deputy  or  deputies  shall  have 
the  same  powers  as  are  vested  by  law  in  the  collector  of  taxes, 
chosen  by  other  towns  in  this  Commonwealth;  and  the  said 
treasurer  and  his  deputy  or  deputies  may  by  a  vote  of  the  said 
town  for  such  purpose,  collect  all  sucb  taxes  as  may  be  out- 
standing and  uncollected  at  the  time  of  the  passing  of  this  act. 


1811. Chap   40.  '  353 

or  at  the  time  of  his  being  chosen  to  the  oflfice  of  ircasiii*er,  he 
and  his  deputy  or  deputies  first  giving  bonds  for  the  faithful 
discharge  of  their  duty  in  such  sums  and  with  such  sureties,  as 
the  selectmen  of  said  town  shall  think  proper. 

Sect.  3.     Be  it  further  enacted.  That  the  said  treasurer  may      to  issue 
issue  his  warrants   to  his  deputy  or  deputies  for  the  collecting  warrants  to 
and  gathering  in  of  such  parts  of  the  rates  or  assessments  as  in  deputies. 
his  discretion  he  shall  think  proper  to  commit  to  such  deputy 
or  deputies,  which  warrant  shall  be  in  the  same  tenor  with  the 
warrant  prescribed  to  be  issued  by  the  selectmen  or  assessors 
for  the  collecting  or  gathering  in  of  the  state  or  town  rates  or 
assessments,  mutatis  mutandis. 

Sect.  4.  Be  it  further  enacted,  That  the  treasurer  and  col-  ^^^^  warrant 
lector  of  the  said  town  of  Newburyport,  be,  and  he  is  hereby  of  distress. 
authorized  to  issue  his  warrant  to  the  sherilf  of  the  county  of 
Essex,  his  deputy,  or  to  any  constable  of  the  said  town  of  New- 
buryport, directing  them  to  distrain  the  property  of  any  person 
or  persons  who  may  be  delinquent  in  the  payment  of  taxes 
after  the  time  has  expired,  that  is  or  may  be  fixed  for  payment  , 

by  any  vote  of  said  town,  which  warrants  shall  be  of  the  same 
tenor  with  the  warrant  prescribed  to  be  issued  by  the  select- 
men or  assessors  for  the  collecting  or  gathering  in  of  the  state 
rates  or  assessments  mutatis  mutandis,  and  the  said  officers  shall 
make  a  return  of  their  warrants  with  their  doings  thereon,  to 
the  said  treasurer  and  collector  within  thirty  days  from  the 
date  thereof.  Provided  hmoever,  That  nothing  in  this  Act  shall  Proviso-* 
prevent  the  said  treasurer  and  collector,  whenever  there  may 
be  a  probability  of  losing  a  tax,  from  distraining  the  property 
or  person  of  any  inllividual  before  the  expiration  of  the  time 
fixed  by  the  vote  of  said  town. 

Sect,  5.     Be  it  further  enacted,  That  it  shall  be  the  duty  of  Duty  of  officers 
said  officers,  to  execute   all   warrants   they  may  receive  from  in  executing 
said  treasurer  and  collector,  and  pursue  the  same  process  in  warrants, 
distraining  the  persons  or  property  of  delinquents,  as  collec- 
tors are  now  by  law  authorized   to  do  and  perform,   and   for 
collecting  the  sum  of  money  due  on  said  warrants,  to  receive 
the  same  fees   that  are  allowed  by  law  for  levying  executions 
in  personal  actions  :  Provided  hoivever^  That  before  said  officers  Proviso, 
shall  serve  any  warrant,   they  shall   deliver  to  the  delinquent, 
or  leave  at  his  or  her  usual  place  of  abode,  a  summons  from 
said  treasurer  and  collector,   stating  the  sum  due,  and  that  un- 
less the  same  is  paid  in  ten  days  from  the  time  of  leaving  said 
-ummons,  into  the  treasury  of  said  town,  with  twenty  cents  for 
,said  summons,  his  or  her  property  will  be  distrained  according 
to  law. 

Sect.  6.     Be  it  further  enacted,  That  the  constables  of  said  Bonds, 
town  of  Newburyport,  in  addition  to   the   usual  condition  of 
their  bonds,  shall  also  be  bound  to  the  faithful  execution  of  all 
warrants  committed  to  them   by  the  treasurer  and  collector  of 
said  town.     [June  21,  1811.]     Add.  act— 1815  ch.  2. 

VOL.  IV.  45 


354 


1811. 


Chap.  41. 


Proviso. 


Chart    A 1  ■'^"  ^^^'^  *°  incoipovate  a  number  of  the  inhabitants  of  the  Towns  of  Medfield,  Ded- 

Jr*        *  ham  and  Wienthani,  in  the  county  of  Norfoll^,   as  a  Religious  Society,  ^by  the 

name  of  The  First  Baptist  Society  in  Medfield. 

Sect.  1 .     BE  it  enacted  by  the  Striate  and  House  of  Represen- 
tatives, in  General  Court  assembled,   and  by  the  authority  of  the 
Persons  incor-  same,  That  Eleazer  Allen,  Joseph  Baker,  Obed  Baker,  Elipha- 
porated.  ]q^  Baker,  David  Baker,  Abijah  Blake,  Samuel  Blake,  William 

Boyden,  Silas  Boyden,  Edward  Buckmaster,  Abijah  Colburn, 
Benjamin  Colburn,  Isaac  Colburn,  jun.  Jonathan  Colburn,  Phi- 
neas  Colburn,  Eliphalet  Colburn,  Ellis  Colburn,  George  Col- 
burn, Thatcher  Colburn,  Joseph  Cutler,  Joseph  Draper,  Daniel 
Draper,  Daniel  Draper,  jun.  Joseph  Ellis,  2d.  Abijah  Fisher, 
Asa  Fisher,  Benjamin  French,  Benjamin  French,  jun.  Abra- 
ham Harding,  Andrew  Lewis,  Abner  Mason,  William  Mason. 
jun.  Eliakim  Morse,  Samuel  Necdham,  John  Needham,  Elihu 
Onion,  Oliver  Partridge,  Eleazer  Perry,  James  Potter,  Jason 
Richardson,  Jason  Richardson,  jun.  Ariel  Sayles,  Elisha  Sayles, 
Abijah  Smith,  Asa  Smith,  Billings  Tisdale  and  Moses  Wads- 
worth,  with  their  families  and  estates,  together  with  such  others 
as  may  hereafter  associate  with  them,  and  their  successors,  be, 
and  they  are  hereby  incorporated  as  a  religious  society,  by 
the  name  of  The  First  Baptist  Society  in  Medfield,  with  all  the 
powers  and  privileges  of  other  religious  societies,  according  to 
*he  constitution  and  laws  of  this  Commonwealth:  Provided  how- 
ever, That  the  persons  aforenamed  shall  be  holden  to  pay  their 
proportion  of  all  monies  granted  and  assessed  before  the  first 
day  of  March  last  past,  and  not  after,  in  the  several  towns  or 
parishes  to  which  they  severally  belonged,  previous  to  the 
passing  of  this  Act. 

Sect.  2.  Be  it  further  enacted,  That  any  person  belonging 
to  either  of  the  towns  aforesaid,  who  may  be  desirous  to  join 
with  the  said  Baptist  society,  shall  declare  such  intention  in 
writing  to  the  elder,  clerk,  or  committee  of  the  said  society  fif- 
teen days  at  least  previous  to  the  annual  meeting  of  the  said 
society,  and  if  such  person  do  receive  and  can  produce  a  cer- 
tificate of  membership  signed  by  the  elder,  clerk,  or  committee 
aforesaid,  that  he  or  she  has  actually  become  a  member  of  said 
Baptist  society  in  Medfield,  such  person  from  the  date  of  such 
certificate  with  his  or  her  polls  and  estate,  shall  be  consider- 
ed a  member  of  said  society :  Provided  however,  That  every 
person  so  joining  with  the  said  Baptist  society,  shall  give  like 
notice  of  his  intention  to  the  minister,  clerk,  or  committee  of  the 
society  from  w^hich  he  doth  secede. 

Sect.  3.  Be  it  further  enacted,  That  if  any  member  of  the 
said  Baptist  society,  see  cause  to  leave  the  same  and  to  unite 
with  any  other  religious  society  in  the  town  in  which  such  per- 
son may  live,  he  or  she  shall  give  notice  of  such  intention  to 
the  elder,  clerk,  or  committee  of  the  said  Baptist  society,  and 
also  to  the  minister,  clerk,  or  committee  of  such  other  society 
fifteen  days  at  least  before  the  annual  meeting  thereof,  and  if 
such  person  doth  receive  and  can  produce  a  certificate  of  ad- 
mission signed  by  the  minister,  clerk,  or  committee  of  such 
other  society,  such  person  from  the  date  of  said  certificate, 
with  his  or  her  polls  and  estates,  shall   be  considered  a  mem- 


Method  of  be 

coming  mem- 
bers. 


Manner  of 
leavinji. 


1811. Chap.  41—46.  355 

ber  of  such  other  society.  Provided  however^  That  in  every  Proviso', 
case  of  secession  from  one  society  and  joining  another,  in  the 
manner  provided  for  by  this  Act,  every  such  person  shall  be 
holden  to  pay  his  or  her  proportion  of  all  pecuniary  assess- 
ments, or  other  charges  and  expenses  assessed  and  not  paid 
prior  to  such  secession,  and  the  said  certificates  in  either  case 
given  and  received  as  aforesaid,  shall  operate  to  exempt  such 
person  from  taxation  for  the  support  of  public  worship  in  any 
other  society. 

Sect.  4.  Be  it  further  enactd,  That  any  Justice  of  the  Peace  Warrant  to  be 
for  the  county  of  Norfolk  is  hereby  authorized  to  issue  a  war-  issued, 
rant,  directed  to  a  member  of  the  said  society,  requiring  him 
to  notify  and  warn  the  members  thereof,  to  meet  at  such  con- 
venient time  and  place  as  shall  be  expressed  in  said  warrant, 
for  the  choice  of  such  officers  as  parishes  and  religious  socie- 
ties are  empowered  to  choose  at  their  annual  parish  or  society 
meetings.     [June  19,  181 1.] 

An  Act  to  establish  The  Methodist  Episcopal  Societj'-  of  Lenox.  Ch(tp»  42. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Gamaliel  B.  Whiting,  William  Whiting,  Amos  Ben-  society  incor- 
ton,  Josiah  G.  Barker,  William  F.  Swift,  William  S.  Smith,  porated. 
John  S.  Smith,  James  Smith,  Enoch  Johnson,  Erastus  Benton, 
Simeon  Calkins,  Jethro  Butler,  Salmon  Andrews,  Jethro  But- 
ler, jun.  Joshua  W.  Cobb,  Zebadiah  Hyde,  Andrew  Hyde, 
3d.  Selah  Cook,  Jesse  Root,  Orriange  Judd,  Seth  N.  Judd,  Da- 
niel Dunbar,  Solomon  Bodfish,  Oliver  Stedman,  John  Bennett, 
Sion  Turner,  James  Newbury,  William  Ross,  jun.  Silvanus  Hul- 
l€t,  Samuel  Hullet,  William  Dunham,  Levi  Goodrich,  Horace 
Whiting,  Jeremiah  Bulmore,  James  Smith,  jun.  Selah  Andrews, 
Walter  Cook,  and  Oren  Stephens,  members  of  the  said  religious 
society,  wilh  their  families  and  estates,  be,  and  they  are  here- 
by incorporated  by  the  name  of  The  Methodist  Episcopal  So- 
ciety of  Lenox,  with  such  others  as  may  hereafter  associate 
and  join  with  them,  with  all  the  privileges  and  immunities  to 
which  parishes  are  entitled  by  the  constitution  and  laws  of  this 
Commonwealth  :  Provided  hoivever,  That  all  such  persons  shall  Pioviso. 
be  holden  to  pay  their  proportion  of  all  monies  assessed  for 
parochial  purposes  in  the  town  or  parish,  to  which  they  re- 
spectively belonged  previous  to  the  passing  of  this  Act. 

Sect.  2.  And  be  it  further  enacted,  That  Azariah  Egleston,  justice  to  is- 
Esq.  be,  and  he  is  hereby  authorized  to  issue  a  warrant  direct-  sue  warrant, 
ed  to  some  suitable  member  of  said  Methodist  society,  re- 
quiring him  to  notify  and  warn  the  members  thereof  to  meet 
at  such  time  and  place  as  shall  be  appointed  in  said  warrant, 
to  choose  such  officers  as  parishes  in  this  Commonwealth  are 
by  law  empowered  to  choose  in  the  month  of  March  or  April 
annually.     [June  22,  1811.] 

An  Act  to  establish  The  First  Baptist  Society  in  Carver,  in  the  county  of  Ply-  Chap.  46. 
mouth.  ■' 

Sect.  1 .  BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Benjamin  ShurtlifF,  Flavell  Shurtliff,  Lot  Shurtliff, 


356 


1811. 


Chap.  46. 


Society  incor- 
porated. 


Method  of  be- 
coming a  mem- 
ber. 


]\Ianner  of 

kavinx, 


Ehenezer  ShurllifF,  Gideon  ShurtlifF,  Abiel  Shurtliff,  Gideon 
ShurtliflVjun.  Francis  Shurtliff,  Nathaniel  Shnrtiiff,  Nathaniel 
Shurtliff;  2d.  Peter  Shurtliff,  Thomas  Shurtliff,  William  Atwood, 
Asaph  Atwood,  Jonathan  Atwood,  Joseph  Atwood  Lazarus  At- 
wood, Samuel  Atwood,  Samuel  Atwood,  jun.  Stephen  Atwood, 
Levi  Atwood,  Caleb  Atwood,  Aber  Atwood,  John  Atwood, 
John  Atwood,  jun.  Joshua  Atwood,  Nathaniel  Atwood,  William 
Atwood,  2d.  Samuel  Shaw,  John  Shaw,  Silvanus  Shaw,  Silva- 
nus  Shaw,  jun.  Levi  Shaw,  Abigail  Shaw,  .Benjamin  Ward, 
Benjamin  Ward,  jun.  Samuel  Lucas,  Carver  Barrows,  Seth 
Barrows,  Ephraim  Griffith,  Huit  M'Farlain,  Bethuel  Tilson, 
David  Vaughan,  Joseph  Ellis,  jun.  Ellis  Shaw,  Joseph  Bobbins, 
Eli  Thomas,  Benjamin  White,  William  Murdock,  Ebenezer 
Dunham,  Jabez  Maxam,  Jabez  Maxam,  jun.  Thomas  Maxam, 
John  Bumpus,  Isaac  Cushman,  Hosea  Lucus,  Cornelius  Dun- 
ham, Calvin  Lucas,  John  Appling,  Lewis  Pratt,  and  Swansey 
Hart,  of  said  Carver,  and  John  Shaw,  Ephraim  Ward,  Gideon 
Perkins,  and  Nathaniel  Shurtliff,  of  Middleborough,  in  the 
county  of  Plymouth,  with  their  polls  and  estates,  be,  and  they 
hereby  are  incorpoi-ated,  by  the  name  of  The  First  Baptist 
Society  in  Carver,  with  all  the  privileges,  powers  and  immuni- 
ties, and  subject  to  all  the  duties  which  parishes  in  this  Com- 
monwealth by  law  enjoy  and  perform. 

Sect.  2.  Be  it  further  enacted^  That  any  person  in  said 
towns  of  Carver  or  Middleborough,  or  of  the  town  of  Plymouth, 
in  the  county  of  Plymouth,  who  may  at  any  time  hereafter, 
actually  become  a  member  of,  and  unite  in  religious  worship 
with  said  Baptist  society,  and  shall  give  in  his  or  her  name  to 
the  clerk  of  the  parish  to  which  he  or  she  did  heretofore  be- 
long, with  a  certificate,  signed  by  the  minister  or  clerk  of  said 
society,  that  he  or  she  hath  actually  become  a  member  of,  and 
united  in  religious  worship  with  said  Baptist  society,  fourteen 
days  previous  to  the  parish  meeting  therein  to  be  held  in  the 
month  of  March  or  April  annually,  shall  from  and  after  giving 
in  such  certificate,  with  his  or  her  polls  and  estates,  be  consi- 
dered as  a  member  of  said  society.  Provided  however,  That 
such  person  shall  be  held  to  pay  his  or  her  proportion  of  all 
the  monies  assessed  or  voted  in  the  parish  to  which  he  or  she 
belonged,  previous  to  that  time. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of 
said  society  shall  see  cause  to  leave  the  same,  and  unite  in  re- 
ligious worship,  with  any  other  religious  society  in  the  town  or 
parish  in  which  he  or  she  may  live,  and  shall  give  in  his  or  her 
name  to  the  clerk  of  said  Baptist  society,  signed  by  the  minis- 
ter or  clerk  of  the  parish,  or  other  religious  society  with  which 
he  or  she  may  unite,  that  he  or  she  hath  actually  become  a 
member  of,  and  united  in  religious  worship  with  such  other 
parish  or  religious  society,  fourteen  days  previous  to  their  an- 
nual meeting  in  March  or  April,  and  shall  pay  his  or  her  pro- 
portion of  all  monies  voted  in  said  society,  to  be  raised  previ- 
ous thereto,  shall  from  and  after  giving  such  certificate,  with 
liis  or  her  polls  and  estates,  be  considered  as  a  member  of  said 
society  to  which  he  or  she  may  so  unite. 


1811. Chap.  46^51.  357 

Sect.  4.  Be  it  further  enacted^  That  any  Justice  of  the  Peace,  Warrant  to  be 
in  the  town  of  Carver,  be,  and  he  is  hereby  authorized  and  "*^"^'^- 
empowered  to  issue  his  warrant  directed  to  some  suitable  mem- 
ber of  said  society,  to  meet  at  such  time  and  place,  as  he  shall 
appoint  in  said  warrant,  to  choose  all  such  otficers  as  parishes 
in  this  Commonwealth  are  by  law  entitled  to  choose  in  the 
month  of  March  or  April  annually.     [June  22,  1811.]   ^ 

An  Act  to  repeal  part  of  an  Act,  entitled,  "An  Act  regulating  the  Collection  of  Chap>  47. 
Taxes  in  the  Town  of  Boston,  and  providing  for  the  appointment  of  Constables  i802  ch.  7. 
in  the  said  Town."  (V.  3.  p.  5.) 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  fourth  section  of  the  Act,  passed  the  eighteenth  of  June, 
one  thousand  eight  hundred  and  two,  entitled,  "  An  Act  regu- 
lating the  collection  of  taxes  in  the  town  of  Boston,  and  pro- 
viding for  the  appointment  of  Constables  in  the  said  town," 
which  allows  a  discount  on  the  payment  of  taxes  within  certain 
periods,  be,  and  the  same  is  hereby  repealed.  [June  22,  1811.] 
See  1821  ch.  110  §  15. 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  for  incorporating  certain  persons  Chap.  50. 
for  the  purpose  of  laying  out  and  making  a  Turnpike  Road  from  Newburyport  \iQ2  ch.  120. 
to  Chelsea  Bridge."  (V.  3.  p.  173.) 

BE  it  enacted  by   the  Senate  and  House  of  Representatives,  in  ^^^^  *=^*  ^1'- 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  proprietors  of  Newburyport  Turnpike  be,  and  they  hereby  g^p^J^^g^gd  to 
are  authorized   and  empowered   from   time   to  time  to  convey,  convey, 
sell,  and  dispose  of,  or  to  exchange  in  fee  simple  or  otherwise     * 
as,  they  shall  think  fit,   any  part  of  the  real  estate  which  they 
have  already  purchased,  or  shall  hereafter  purchase,  by  any 
deed  or  deeds  made  and  duly  executed  either  by  their  presi- 
dent and  directors,  or  the  major  part  of  them,  under  the  seal  of 
said  corporation,  or  by  any  agent  or  agents  by  the  said  corpo- 
ration appointed  under  their  seals,  provided   they  shall   have 
been  respectively  authorized  by  a  vote  of  said  corporation,  to 
make  such  conveyance,  sale,  disposition  or  exchange  thereof. 
[June  22,  1811.]  

An  Act  to  annex  James  Parmele  and  others  to  the  incorporated  Baptist  Society,  Chap.  51. 
in  the  Town  of  West  Stockbridge. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
James  Parmele,  Ezra  Hubbel,  Eli  Hubbel,  Chauncey  Root,  Society  incor« 
OtisO.  Robbins,  John  French,  Christopher  French,  jun.  Samuel  poiated. 
Ives,  James  Cobb,  Robert  Perry,  John  Millen,  Joel  Millen,  John 
Burgharett,  Jehuda  Stephens,  Samuel  Dunbar,  Abraham  To- 
bey,  Abijah  Smith,  Nathaniel  Lockwood,  Sylvester  Hooper, 
John  C.  Deming,  Gilbert  Wilson,  Augustine  Spencer,  Jare  Ben- 
diet,  Brainard  Spencer,  and  Eli  Barnes,  together  with  their 
polls  and  estates,  all  belonging  to  the  towns  of  West  Stock- 
bridge,  Stockbridge,  and  Great  Barrington,  in  the  county  of 
Berkshire,  be,  and  they  hereby  are  annexed  to,  and  incorpo- 
rated with  the  First  Baptist  Society,  in  the  town  of  West  Stockr 
bridge,  for  parochial  purposes  only,  and  in  that  connection  shall 


358 


1811. 


Chap.  51—53. 


Chap.  52. 

1792  ch.  49. 
(V.  1.  p.  410.) 


Chap.  53. 


Society  incor- 
poyated. 


be  entitled  to  all  the  privileges,  and  equally  subject  to  all  the 
duties  of  other  members  of  the  said  society  in  as  ample  a  nian- 
ner  as  if  they  had  been  originally  members  thereof :  Providtd 
however.  That  each  of  the  persons  aforenamed,  shall  always 
be  held  to  pay  their  proportion  of  all  parish,  town,  or  society 
charges,  assessed,  and  not  paid  previous  to  their  leaving  any 
other  society,  and  their  incorporation  with  the  society  afore- 
said.    [June  22,  1811.] 

An  Act  in  addition  to   "  An  Act  to  incorporate  tlie  Town  of  Randolph." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
so  much  of  the  third  section  of  the  Act  to  which  this  is  in  addi- 
tion, as  is  supposed  to  annex  to,  and  subject  to  taxation  in  the 
town  of  Braintree,  the  estates  which  heretofore  belonged  to 
Samuel  Cheesman,  deceased,  and  Levi  Thayer,  who  were  re- 
monstrants against  the  incorporation  of  the  town  of  Randolph, 
be,  and  the  same  is  hereby  repealed.     [June  22,  1811.] 

An  Act  to  establish  a  Baptist  Society  in  Gloucester,  in  the  county  of  Essex. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  John  Smith,  Seth  Woodbury,  Benjamin  Hale,  James  Ap- 
pleton,  Matthew  Whipple,  William  Kennedy,  Thomas  Millet, 
jun.  Joseph  Putnam,  John  Smith,  jun.  Joseph  Fears,  Samuel  A. 
Gale,  Elijah  Foster,  jun.  William  Dexter,  Jesse  Wilson,  Eph- 
raim  Davis,  jun.  John  L«  Witham,  Jonathan  Medley,  James 
»  Laha,  George  Wood,  Benjamin  Parsons,  Pliny  Davison,  Tho- 
mas Lee,  William  Woodbury,  Ebenezer  Pool,  William  Smith, 
jun.  Solomon  Pool,  jun.  Jonathan  Pool,  jr.  Jonathan  Pool,  Fran- 
cis Hilton,  Nchemiah  Grover,  John  Grover,  Josiah  Pool,  Ebe- 
nezer Pool,  3d.  Henry  Blatchford,  Thomas  Parsons,  jun.  Ebe- 
nezer Gamage,  Paul  Morgan,  William  Morgan,  Ebenezer  Clark, 
Ebenezer  Rowe,  3d.  Moses  E.  Colby,  William  Smith,  Ebene- 
zer Dresser,  William  Parkhurst,  David  Stanwood,  Benjamin 
Dodge,  Daniel  Ober,  Joseph  Trask,  John  Ryerson,  Samuel 
French,  Benjamin  Hoig,  Daniel  Douglass,  John  Douglass, 
Charles  Wonson,  Edward  Gearing,  Abraham  Tarr,  Moses  Par- 
sons, Charles  G.  Martin,  Samuel  Day,  Isaac  Fears,  John  Ed- 
gar, Samuel  Parsons,  James  Rowe,  Samuel  B.  Thomas,  Na- 
thaniel Blatchford,  Ezekiel  Adams,  Isaac  Low,  Joseph  Smith, 
Ezekiel  Bradstreet,  Samuel  G.  Gamage,  John  Pool,  jun.  Robert 
Hooper,  Caleb  Herrick,  Henry  Clark,  jun.  John  Clark,  Aaron 
Sargent,  Ebenezer  Tarr,  Daniel  Allen,  Zebulon  Witham,  Na- 
than F.  Morgan,  Elizabeth  Dexter,  Daniel  Bradford,  and  Elijah 
Foster,  with  their  polls  and  estates,  be,  and  they  are  hereby  in- 
corporated by  the  name  of  the  Baptist  Society  in  Gloucester, 
with  all  the  privileges,  powers,  and  immunities  which  parishes 
in  this  Commonwealth  by  laAv  enjoy. 

Sect.  2.  Be  it  further  enacted,  That  any  person  in  said  town 

Method  of  be-  of  Gloucester,  who  may  at  any  time  hereafter  actually  become 

coming  a  mem-  a  member  of,  and  unite  in  religious  worship  with  said  Baptist 

society,  and  give  in  his  or  her  name  to  the  clerk  of  the  parish 


1811. Chap.  5S— 54.  359 

lo  which  he  or  she  did  heretofore  belong,  with  a  certificate 
signed  by  the  minister  or  clerk  of  said  society,  that  he^or  she 
hath  actually  become  a  member  of,  and  united  in  religious  wor- 
ship with  said  Baptist  society,  fourteen  days  previous  to  the 
parish  meeting  therein  to  be  held  in  the  month  of  March  or 
April  annually,  shall  from  and  after  giving  in  such  certificate, 
with  his  or  her  polls  and  estate,  be  considered  as  a  member  of 
said  society.  Provided  however,  that  such  person  shall  be  held 
lo  pay  his  or  her  proportion  of  all  the  monies  assessed  or  voted 
in  the  parish  to  which  he  or  she  belonged  previous  to  that  time. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of  said  Manner  of 
society  shall  see  cause  to  leave  the  same  and  unite  in  religious  leaving, 
worship  with  any  other  religious  society  in  the  town  or  parish 
in  which  he  or  she  may  live,  and  shall  give  in  his  or  her  name 
to  the  clerk  of  said  Baptist  society,  with  a  certificate  signed  by 
the  minister  or  clerk  of  the  parish  or  other  religious  society 
with  which  he  or  she  may  unite,  that  he  or  she  hath  actually 
become  a  member  of,  and  united  in  religious  worship  with  such 
other  parish  or  religious  society,  fourteen  days  previous  to  their 
annual  meeting  in  March  or  April,  and  shall  pay  his  or  her 
proportion  of  all  monies  voted  in  said  society  to  be  raised  pre- 
vious thereto,  shall  from  and  after  giving  such  certificate  with 
his  or  her  polls  and  estate,  be  considered  as  a  member  of  said 
society  to  which  he  or  she  may  so  unite. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the  Peace  warrant  to  be. 
in  the  town  of  Gloucester  be,  and  he  hereby  is  authorized  and  issued. 
empowered  to  issue  his  warrant  directed  to  some  suitable  mem- 
ber of  said  society,  to  meet  at  such  time  and  place  as  he  shall 
appoint  in  said  warrant,  to  choose  all  such  officers  as  parishes 
in  this  Commonwealth  are  by  law  entitled  to  choose  in  the 
month  of  March  or  April  annually.     [June  22,  1811.] 

An  Act  to  enable  the  administrator  on  tiie  estate  of  Samuel  Bartlett,  late  of  New-    (Jhap*  54. 
buryport,  mariner,  deceased,  to  convey  certain  real  estate  of  the  said  Samuel. 

WHEREAS  on  the  petition  of  Benjamin  Norton  of  Newbu-  preamble, 
ryport,  in  the  county  of  Essex  and  Commonwealth  of  Massa- 
chusetts, sail-maker,  it  is  made  to  appear  that  on  the  sixteenth 
day  of  March,  in  the  year  of  our  Lord  eighteen  hundred  and 
nine,  he  the  said  Benjamin,  by  his  deed  of  quitclaim  of  the  same 
date,  duly  executed,  did  convey  to  the  said  Samuel,  then  liv- 
ing, certain  real  estate  in  and  by  said  deed  particularly  describ- 
ed, that  though  said  conveyance  was  absolute  and  uncondi- 
tional, yet  in  fact  it  was  intended  only  as  security  for  payment 
of  certain  sums  of  money  before  that  time  hired  of  said  Samuel 
by  said  Benjamin,  and  it  was  the  mutual  agreement  of  the  said 
parties,  that  on  payment  of  said  several  sums  of  money  and  in- 
terest by  said  Benjamin  to  said  Samuel,  he  the  said  Samuel 
would  reconvey  the  said  premises  to  the  said  Benjamin,  that 
after  the  conveyance  of  the  said  premises  as  aforesaid,  and  be- 
fore the  death  of  the  said  Samuel,  the  said  Benjamin  paid  the 
said  Samuel  a  considerable  part  of  said  money,  and  whereas 
by  the  death  of  said  Samuel,  the  said  Benjamin  cannot  obtain 
a  reconveyance  of  said  premises  on  payment  of  the  balance 


3«0 


1811. 


C^HAP.  54—56. 


Administrator 
authorized. 


Proviso. 


Chap.  56. 


Boundaries. 


Proprietors  in 
corporated. 


Empowered. 


due  from  him  to  said  Samuel,  nor  has  he  legal  remedy  for  thd 
money  paid  to  said  Samuel  in  his  life  time.     Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  administrator  on  the  estate  of  the  said  Samuel,  be,  and  he 
is  hereby  authorized  and  empowered  to  make  and  execute  to 
said  Benjamin,  or  to  his  legal  heirs  or  representatives,  a  good 
and  sufficient  deed  of  quitclaim  of  the  same  premises  so  con- 
veyed by  said  Benjamin  to  said  Samuel  as  aforesaid  ;  Provided, 
the  said  Benjamin  shall  first,  and  on  or  before  the  first  day  of 
January  next,  have  paid  to  the  administrator  on  the  estate  ot 
the  said  Samuel,  the  full  balance  of  money  and  interest  due 
from  the  said  Benjamin  to  the  estate  of  the  said  Samuel ;  And 
provided  also,  that  no  conveyance  of  the  same  premises  by  the 
said  Samuel  in  his  life  time  appears  on  record,  and  such  deed 
by  the  administrator  on  the  estate  of  the  said  Samuel  as  alore- 
said,  shall  vest  in  the  said  Benjamin,  as  full  and  absolute  a  title 
as  he  held  before  his  conveyance  to  the  said  Samuel  as  afore- 
said.    [June  22,  1811.]  

An  Act  to  incorporate  certain  proprietors  of  the  common  and  undivided  lands  in 
the  town  of  Hull,  in  the  county  of  Plymouth,  for  the  purpose  of  managing  the 
same  as  a  common  and  a  general  field. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  from  and  after  the  passing  of  this  Act,  the  proprietors  and 
owners,  their  heirs  and  assigns  of  certain  common  and  undivid- 
ed lands  lying  in  the  town  of  Hull,  in  the  county  of  Plymouth, 
bounded  as  follows,  viz.  beginning  at  the  east  end  of  the  lane, 
(so  called,)  then  running  easterly  round  point  Alderton  to  the 
sea  ;  thence  southerly  by  the  sea  till  it  comes  to  the  Mill  lane, 
(so  called  ;)  thence  across  said  lane  to  Robert  Gould's  land ; 
then  by  Robert  Gould's  land  till  it  strikes  the  water  on  the  west 
side  of  the  beach ;  thence  northerly  by  the  sea  until  it  strikes 
Saoamore  hill,  (so  called ;)  thence  round  said  hill,  to  the  wa- 
ter°  thence  northerly  until  it  strikes  White  Head,  (so  called ;) 
then  round  White  Head  till  it  comes  to  the  salt  marsh  ;  north- 
erly by  the  salt  meadow  until  it  comes  to  the  sea  again  ;  then 
by  the  sea  to  the  entrance  of  Point  Alderton ;  then  by  the  salt 
water  to  the  east  end  of  the  burying-ground  -,  from  thence  to 
the  first  mentioned  bounds,  excepting  therefrom,  certain  lots  of 
land  within  said  bounds,  fenced  in,  and  belonging  to  indivi- 
duals, be,  and  they  are  hereby  incorporated  by  the  name  of  the 
Proprietors  of  Common  and  Undivided  Lands,  in  the  town  of 
Hull  and  by  that  name  may  sue  and  be  sued,  and  do  and  suf- 
fer ail  such  acts  and  things,  as  like  corporate  bodies  may  and 
ought  to  do  and  suffer. 

Sect.  2.  Be  it  further  enacted,  That  the  said  proprietors,  when 
legally  assembled,  shall  have  power  from  time  to  time  to  ap- 
point a  clerk,  treasurer,  assessors,  and  collectors  of  taxes,  com- 
mittees, or  other  necessary  officers,  who  shall  severally  be 
sworn  to  the  faithful  discharge  of  their  trust,  which  officers, 
shall  have  the  same  power  to  carry  into  effect  any  vote  or  or- 
der of  said  corporation  as  town  officers  of  like  description  have 


1811. Chap.  56—57.  361 

by  law  to  do  and  perform  in  their  respective  offices,  and  the 
said  corporation  shall  at  their  first  meeting  determine  on  the 
manner  of  calling  future  meetings,  and  at  any  legal  meeting  for 
that  purpose,  shall  have  power  to  raise  monies,  and  establish 
such  rules  and  regulations  concerning  the  improvement  of  said 
lands,  as  shall  from  time  to  time  be  found  necessary  for  the 
better  management  of  the  same. 

Sect.  3.  And  be  it  further  enacted^  That  the  said  proprietors  Gates  and  fen- 
shall  have  liberty  to  erect  the  followinggatcs  and  water  fences,  ces  to  be  made. 
viz.  one  gate  at  the  east  end  of  the  lane,  (so  called  ;)  one  at  the 
east  end  of  the  burying-ground  with  a  water  fence  ;  also,  a  wa- 
ter fence  at  the  Pier  (so  called,)  at  the  most  convenient  place  ; 
also,  one  gate  at  the  west  end  of  Row  (so  called  :)  also  to  con- 
tinue that  already  erected  on  Mill  lane.  And  the  said  town  of 
Hull  shall  be  at  the  expense  of  the  aforesaid  gates  and  water 
fences,  reserving  to  any  person  the  privilege  of  passifig^and  re- 
passing through  said  gates,  as  occasion  may  require,  and  the 
proprietors  may  have  liberty  to  impose  a  penalty  not  exceeding 
one  dollar,  for  the  neglect  of  any  such  person  in  not  shutting 
said  gates  ;  and  also  reserving  to  the  town  of  Hull  the  privilege 
of  the  shores,  and  of  feeding  all  lands,  not  comprehended  with- 
in the  aforementioned  bounds. 

Sect.  4.  Be  it  further  enacted,  That  upon  the  application  of 
any  two  or  more  of  the  said  proprietors  to  any  Justice  of  the 
Peace  in  the  county  of  Plymouth,  the  said  justice  is  hereby  au- 
thorized to  issue  his  warrant,  directed  to  one  of  the  said  pro-  Justice  to  issue 
prietors,  requiring  him  to  notify  a  meeting,  at  such  time  and  ^^^''^'*  * 
place,  and  for  such  purposes  as  shall  be  expressed  in  said  war- 
rant, which  warrant  and  notification  thereon  shall  be  posted  up 
at  the  door  of  the  meeting  house  in  said  town  of  Hull,  and  at 
some  public  place  in  the  town  of  Hingham,  fourteen  daj's  be- 
fore the  time  expressed  in  the  warrant  for  such  meeting.  [June 
22,  1811.] 

An  Act  to  establish  the  Hopkinton  Cotton  Manufacturing  Company.  Chop.  57. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Joseph  Valentine,  Thomas  Bucklin,  William   Wood,  Jo-  Persons  incor- 
seph  Morse,  Samuel  Godard,  Benjamin  Herrick,  John   Gibson,  P°'^^'^'^- 
jun.  Elijah  Wheelock,  Gardner  Parker,  Aner  Fisk,  Josiah  Pease, 
jun.  John  Starkweather,  Joseph  Clough  and  Russell  Smith,  to- 
gether with  such   others   as  already   have  associated,   or   may 
hereafter  join  and  associate  with  them,  their  successors  or  as- 
signs, be,  and  herebj'^  are  made  a  corj-ioration  by  the  name  of 
the  Hopkinton  Cotton  Manufacturing  Company,  for  the  purpose 
of  manufacturing  cotton  in  the  town  of  Hopkinton,  and  for  that 
purpose  shall  have  all  the  powers  and  privileges,  and   be   sub- 
ject to  all  the  duties  and  rgquirements  contained  in  an  Act  de-  (1303  ch.  65.^ 
fining  the  general  powers  and  duties  of  manufacturing  corpora- 
tions, passed  the  third  day  of  March,  one  thousand   eight  hun- 
dred and  nine. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation  may  ^^   hold  es 
lawfully  hold  and  possess  real  estate  not  exceeding  the  value  tat^e'^  '° 

VOL.  IV.  4G 


362  1811. Chap.  57—58. 

of  fifty  thousand  dollars,  and  personal  estate  not  exceeding  the 
value  of  one  hundred  thousand  dollars,  as  may  be  convenient 
and  necessary  for  carrying  on  the  manufacturing  of  cotton  in 
the  said  town  of  Hopkinton.     [June  22,  1811.] 

{^ncfjl)'  58.        An  Act  to  establish  the  Methodist  Episcopal  Society  in  Provincetown,  in  the  coun- 
ty of  Barnstable. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled.,  and  by  the  authority  of  the  same, 
Society  incoi-    '^^^at  Solomon  Cook,   Simeon   Conant,   Elisha   Freeman,  Seth 
porated.  Nickerson,  Reuben  Rider,  Abraham  Smalley,Payson  C.Cook, 

Elisha  Young,  Solomon  Cook,  jun.  Elisha  Holmes,  William  Ga- 
sacan,  Benjamin  Dyer,  John  Leny,  Treuman  Garret,  Timothy 
Nickerson,  George  R.  Wisell,  Joshua  Cook,  Gamaliel  Collings, 
Peter  Lambart,  Daniel  Smalley,  Gamaliel  Rowley,  Reuben 
Cook,  Benjamin  Giffbrd,  Samuel  Genn,  jun.  Thomas  Ridley, 
Isaac  Cook,  John  Cook,  jun.  Warren  Freeman,  Enoch  Smith, 
Reuben  Nickerson,  Hatsub  Freeman,  Henry  Atwood,  Josiah 
Knowles,  William  Eldridge,  Samuel  Atwood,  jun.  Reuben  Smith, 
Ruman  Anthony,  Ephraim  Cook,  Samuel  Cook,  Samuel  Cook, 
jun.  Stephen  Cook,  Samuel  Genn,  Enoch  Smith,  jun.  Washing- 
ton Case,  David  Brown,  Alexander  Gross,  James  Smith,  Samu- 
el Kilburn,  John  Cook,  Joshua  Pane,  Josiah  Atkins,  Levi  Ler- 
ton.  Prince  Freeman,  Amasa  Snow,  John  Atwood,  John  Savage, 
Joshua  Smith,  Charles  Fi-eeman,  Robinson  Crocker,  Nathaniel 
Rider,  James  Sparkes,  Reuben  Hill,  Gersham  Cutter,  Nathaniel 
Nickerson,  Samuel  Conant,  Seth  Smith,  Ebenezer  Smith,  Sa- 
muel Atwood,  Benjamin  Kingham,  Jeremiah  Newcomb,  Wil- 
liam Pane,  William  Phillips,  jun.  John  Long,  Ebenezer  New- 
comb,  and  Oliver  BarloAv,  with  their  polls  and  estates,  be,  and 
they  hereby  are  incorporated  by  the  name  of  the  Methodist 
Episcopal  Society  in  Provincetown,  in  the  county  of  Barnsta- 
ble, with  all  the  privileges,  powers,  and  immunities,  and  sub- 
ject to  the  same  duties  which  parishes  in  this  Commonwealth 
by  law  enjoy  and  perform. 

Sect.  2.  Be  it  further  enacted,  That  any  person  in  said  town 
?«1\!1  ^°o.om'  of  Provincetown,  who  may  at  any  time  hereafter  actually  be- 

coming  ci  lUciii"  -'  fc/^  .*^,,,  1.  .i"! 

her.  come  a  member  of,  and  unite   in   religious   worship   with  said 

Methodist  Episcopal  society,  and  shall  give  in  his  or  her  name 
to  the  clerk  of  the  parish  to  which  he  or  she  did  heretofore  be- 
long, with  a  certificate  signed  by  the  minister  or  clerk  of  said 
society,  that  he  or  she  hath  actually  become  a  member  of,  and 
united  in  religious  worship  with  said  Methodist  Episcopal  so- 
ciety, fourteen  days  previous  to  the  parish  meeting  therein  to 
be  held  in  the  month  of  March  or  April  annually,  shall  from 
and  after  giving  such  certificate  with  his  or  her  polls  and  estates, 
be  considered  as  a  member  of  said  society.  Provided  however, 
that  such  person  shall  be  held  to  pay  his  or  her  proportion  of 
all  the  monies  assessed  or  voted  in  the  parish  to  which  he  or 
she  belonged  previous  to  that  time. 

.,  ,.  Sect.  3.  Be  it  further  enacted.  That  when   any  member  of 

Manner  01  .,  .  i     li  i  i  "^  i        •       • 

leaving.  said  society  shall  see  cause  to  leave  the  same,  and  unite  in  re- 

ligious worship  with  any  other  religious  society  in  the  town  or 


1811.^ Chap.  58—60.  363 

i»-       .     .       .         ■ 

-L  parish  in  which  he, or  she  may  live,  and  shall  give  in  his  or 
her  name  to  the  clerk  of  the  said  Methodist  Episcopal  society, 
with  a  certificate  signed  by  the  minister  or  clerk  of  the  parish 
or  other  religious  society  with  which  he  or  she  may  unite,  that 
he  or  she  ha^h  actually  become  a  member  of,  and  united  inre- 
jligious  worship  with  such  other  parish  or  religious  society,  four- 

^«»feen  days  previous  to  their  annual  meeting  in  March  or  April, 
and  shall  pay  his  or  her  proportion  of  all  monies  voted  in  said 
society  to  be  raised  previous  thereto,  shall  from  and  after  giv- 
ing such  certificate,  with  his  or  her  polls  and  estates,  be  con- 
sidered as  a  member  of  said  society  to  which  he  or  she  may  so 
unite. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the  Peace  Warrant  to  be 
in  the  town  of  Provincetown,  be,  and  he  hereby  is  authorized  issued. 
and  empowered  to  issue  his  warrant,  directed  to  some  suitable 
member  of  said  society,  authorizing  him  to  summon  the  mem- 
bers of  said  society,  to  meet  at  such  time  and  place,  as  he  shall 
appoint  in  said  warrant,  to  choose  all  such  officers  as  parishes 
in  this  Commonwealth  are  by  law  entitled  to  choose  in  the 
month  of  March  or  April  annually.     [June  22,  1811.] 

An  Act  further  regulating  the  taking  ofFish  in  Matlepoisett  River.  ChttD    60 

Sect.   1.    BE  it  enacted  by  the  Senate  and  House  of  Represen-  1787  ch.  33. 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the  ^^'  ^'  P'  ^^^^ 
same,  That  if  any  person  or  persons  shall  take  any  fish  called  Penalty  for 
Alewives  in  Mattepoisett  river,  in  the  town  of  Rochester,  in  the  taking  fish  con- 
county  of  Plymouth,  or  stretch  any  seine  in  said  river  for  the  "^^^^  ^°  **"• 
purpose  of  taking  fish  at  any   time  hereafter  in  either  of  the 
months  of  March,  April,  or  May,  in  any  part  of  Mattepoisett 
harbour  in  said  Rochester,  to  the  northward  of  a  line  running 
directly  from  the   most  southerly  part  of  Capt.  Job  Haskell's 
farm  on  the  westerly  side  of  said  harbour,  to  the  most  souther- 
ly part  of  Joseph  Edwards'  land  on  the  easterly  side  of  said 
harbour,  such  person  or  persons  so  offending  shall  for  each  of- 
fence forfeit  and  pay  fifty  dollars,  to  be  recovered  in  the  same 
way,  and  to  the  same  uses  as  forfeitures  for  taking  said  fish  in 
ihe  same  river  are  hy  law  to  be  recovered. 

Sect.  2.     Be  it  further  enacted.    That  the  Selectmen  of  said  Selectmen  tm- 
town  are  hereby  authorised  annuallj-  to  regulate  the  manner  in  P°w^"d« 
which  the  purchasers  of  the  exclusive  right  of  taking  said  fish 
in  said  river,  shall   respectively  take  them,  and  if  any  such  (Altered 
purchaser  shall  not  conform  to  such  regulations,  such  purchaser  ^^'^  ch.99.) 
shall  for  every  such  offence  forfeit  fourteen  dollars,  to  be  re- 
covered as  aforesaid,  for  the  use  or  uses  aforesaid. 

Sect.  3.     Be  it  further  enacted.  That  if  any  person,  not  an  Persons  not  in- 
inhabitant  of  the  said  county  of  Plymouth,  shall  take  any  of  habitants  for- 
said  fish  in  said  river  contrary  to  law,  he  shall  be  holden  to  \^^^^  *°  ^^^^ 
answer  for  the  same  before  any  Justice  of  the  Peace  within  and 
for  the  county  of  which  such  person  is  an  inhabitant,  or  in 
which  he  is  resident;  and  all  such  justices  have  hereby  given 
them  respectively  ample  jurisdiction  of  all  such  actions  which 
may  be  brought  before  them,  and  fully  authorized  to  hear  and 
try  them  in  the  same  manner  as  if  the  forfeiture  had  been  in- 


364  1811. Chap.  60—76.  ^ 

curred  in  the  some  coiinly,  and  no  fiction  of  law  shall  be  neces- 
sary in  the  declaration  to  bring  such  cause  within  the  jurisdic- 
tion of  such  Justice  of  Peace. 
Method  to  be  Sect.  4.  Be  it  further  enacted^  That  in  all  prosecutions 
adopted  by  the  f^j.  taking  said  fish  in  the  said  river  contrary  to  law,  none  of 
the  laws  on  that  subject  need  to  be  recited,  but  the  plaintiflf 
may  declare  generally  against  the  offender  for  taking  the  fish 
called  Alewives  in  Mattepoisett  river  in  Rochester,  in  the  coun- 
ty of  Plymouth,  within  a  limited  time,  contrary  to  the  form  and 
effect  of  the  statute  in  such  case  made  and  provided.  [June 
24,  1811.]     Add.  acts— 1814  ch.  99:   1817  ch.  136. 

Chcip,  66.        An  Act  establishing  the  Hopkinton  and  Framingham  Cotton  Manufacturing  Com- 
pany. 

Sect.  1.     BE  it  enacted  hy  the  Senate  and  House  of  Repre.ien- 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
Persons  incov-  same,  That  Samuel  Valentine,  Aaron  Eames,  Elias  Grout,  Fish- 
porated.            gj.  ^gtcalf,  Samuel  Valentine,  jr.   Henry   Valentine,  Luther 
Bixby,  John  J.  Valentine,  Simpson  Clark,  and  Thomas  Valen- 
tine, together  with  such  others  as  already  have,  or  may  hereaf- 
ter join  and  associate  with  them,  their  successors  or  assigns,  be, 
(Name  chang-  and  hereby  are  made  a  corporation  by  the  name  of  The  Hopkin- 
edi8i9ch.97.)  ^^^  ^^^  Framingham  Cotton  Manufacturing  Company,  for  the 
purpose  of  manufacturing  cotton  in  the  said  town  of  Hopkinton 
or  Framingham,  and  for  that  purpose  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties  and  require- 
1808  ch.  65.       ments  contained  in  "An  Act  definina;  the  general  powers  and 
duties  of  manufacturing  corporations,"  passed  the  third  day  of 
March  eighteen  hundred  and  nine. 
May  hold  es-         Sect.  2.     Be  it  further  enacte'\  That  the  said   corporation 
*^*^'                i^sy  lawfully  hold  and  possess  such  real  estate  not  exceeding 
the  value  of  fifty  thousand  dollars,  and  such  personal  estate 
not  exceeding  one  hundred  thousand  dollars,  as  may  be  con- 
venient and  necessary  for  carrying  on  the  manufacturing  of 
cotton  in  the  said  town  of  Hopkinton  or  Framingham.     [June 
24,  1811.] 

Chap.  68.        An  Act  to  empower  the  Alford  and  Egremont  Turnpike  Corporation  to  erect  a 
1805  ch.  96.  <^'"*«"' 

1810 ch.  30.  BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 

General  Court  assembled,  and  by  the  authority  of  the  same.  That 
Corporation  the  Alford  and  Egremont  Turnpike  Corporation,  be,  and  they 
empowered.  hereby  are'  authorized  and  empowered  to  erect  a  Gate  on  the 
Alford  and  Egremont  turnpike  road  fifty-two  rods  south  of  the 
north  line  of  said  Egremont,  which  line  divides  the  towns  of 
Alford  and  Egremont  instead  of  erecting  the  same  in  the  town 
of  Alford,  as  said  corporation  were  heretofore  by  law  autho- 
rized to  do.     [June  24,  1811.] 

Chap.  76.       An  Act  for  the  relief  of  the  owners  of  the  North  Mill  Dam,   (so  called)  at  the 
■^  '        '  Lower  Falls  in  Newton. 

Sect.  i.    BE  it  enacted  by  the  Senate  and  House  of  RepresentUr 

lives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 

Act  repealed.     That  a  certain  act  made  and  passed  in  the  year  of  our  Lord, 

one  thousand  seven  hundred  and  forty-one,  entitled  "  An  Act,  ir^ 


1811. Chap.  76—80.  365 

addition  to  an  Act  made  to  prevent  the  destruction  of  the  fish 
called  Alewives  and  other  fish,"  so  far  as  the  same  may  regard 
or  impose  any  duty  upon  the  owners  or  occupants  of  the  North 
Mill  Dam,  which  is  erected  across  Charles  river  from  the 
town  of  Newton  to  the  town  of  Needham,  at  the  lower  falls,  be, 
and  the  same  is  duly  repealed. 

Sect.  2.     Be   it  further  eyiacted^    That  it  shall  not  hereafter  Privilege  of 
be  the  duty  of  the  owner  or  occupants  of  the  said  Mill  Dam,  owno.s  or 
or  any  other  dam  which  may  be  built  or  erected  across  Charles  °^*^"P^"  ®' 
river,  between  the  said  towns  of  Newton  and  Needham  at  the 
lower  falls  aforesaid,  in  the  place  where  the  old    dam  now 
stands,  to  make  or  keep  open  through  any  such  dam,  any  sluice 
or  passage  way  through  any  such  dam  during  any  part  of  the 
year,  any  other  law,  usage,  or  custom  to  the  contrary  notwith- 
standing.    [June  25,  1811.] 

An  Act  to  establish  the  Great  Barrington  and  Alford  Turnpike.  Chap,  80. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled^  and  by  the  authority  of  the 
same.  That  Jacob  Van  Deusen  1st.  Lambert  Burghardt,  Joseph  Persons  incor- 
Pclton,  Isaac  Van  Deusen  2d.  Elias  Arnold,  Christopher  French,  po'^^"='^' 
Ebenezer  Pope,  Matthew  Van  Deusen,  Jabez  Turner,  George 
Beckworth,  and  others,  their  associates,  together  with  such 
other  persons  as  may  hereafter  associate  with  them,  be,  and 
they  hereby  are  made  a  corporation  and  body  politic,  by  the 
name  and  style  of  The  Great  Barrington  and  Alford  Turnpike 
Corporation,  for  the  purpose  of  laying  out  and  making  a  turnpike 
road  from  the  dwelling  house  of  Ezekiel  A.  Mills  in  Great  Bar- 
rington  in  the  county  of  Berkshire,  thence  on  the  best  route  to 
or  near  the  dwelling  house  of  Isaac  Van  Deusen,  at  the  foot  of 
the  monument  mountain  (so  called  ;)  thence  the  best  route  to  or 
near  the  dwelling  house  of  Jacob  Van  Deusen,  thence  to  or  near 
the  dwelling  house  of  Captain  Bethuel  Scley  ;  thence  to  or  near 
the  dwelling  house  of  John  Scripture  in  Alford  ;  thence  on  the 
best  route  to  the  dwelling  house  of  Andrew  Race  in  Egremont ; 
from  thence  on  the  best  route  to  the  line  of  the  state  of  New 
York,  near  the  dwelling  house  of  Philip  Smith;  and  for  this 
purpose  shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties,  requirements,  and  penalties  contained  in 
an  Act  entitled,  "  An  Act  defining  the  general  powers  and  du-  i804ch.  125. 
ties  of  turnpike  corporations,"  made  and  passed  the  sixteenth 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  five,  and  any  acts  which  have  been  made  in  ad- 
dition thereto. 

Sect.  2.  Be  it  further  enacted,  That  when  the  road  afore-  One  gate  to  be 
said  shall  be  laid  out,  made,  completed,  and  shall  be  approv-  erected, 
ed  by  the  court  for  said  count}'-,  which  shall  have  jurisdiction 
on  the  subject  of  highways,  at  the  time  when  said  road  is  com- 
pleted, the  said  corporation  shall  have  power  to  erect  one  gate 
thereon,  at  such  place  as  the  said  court  may  order,  and  shall  be 
entitled  to  receive  such  toll  thereat,  as  by  the  act  aforesaid 
IS  provided.     [June  25,  1811.] 


366 


1811. 


Chap.  82. 


Chap.  82. 


Persons  incor- 
porated. 


Their  powers. 


Proviso. 


Time  of  paying 
instalments. 


Corporation 
may  hold  real 
estate. 


An  Act  to  incorporate  the  President,  Directors,  and  Company  of  the  Merchants' 
Bank. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  George  Crowninshield,  Jonathan  Neal,  jun.  William 
Cleaveland,  Joshua  Dodge,  Henry  Elkins,  James  Devereanx, 
John  Hathorne,  George  Hodges,  Robert  Stone,  William  Fa- 
bens,  Henry  Prince,  Peter  Lander,  Robert  Stone,  jun.  Timothy 
Bryant,  William  Silsbee,  James  Cheever,  Joseph  Sprague,  John 
Deland,  Stephen  White,  John  Saunders,  Butler  Fogerty  2d. 
John  W.  Treadwell,  John  Crowninshield,  George  Crownin- 
shield, jun.  George  S.  Johonnot,  Gilbert  Chadwick,  William 
Lander,  Jeremiah  Shepard,  Ebenezer  Burrell,  William  Ha- 
thorn,  jun.  James  Bott,  Hugh  Ervin,  John  Foster,  Thomas  M. 
Woodbridge,  Benjamin  Cox,  Thomas  Whitteredge,  and  William 
Stearns,  their  associates,  successors,  and  assigns,  shall  be,  and 
hereby  are  created  a  corporation,  by  the  name  of  The  Presi- 
dent, Directors,  and  Company  of  the  Merchants'  Bank,  and 
shall  so  continue  from  the  first  day  of  October  next,  for  the 
term  of  twenty  years  next  ensuing,  and  by  that  name  shall  be, 
and  hereby  are  made  capable  in  law,  to  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended  in  any  Courts  of 
Record,  or  any  other  place  whatever,  and  also  to  make,  have, 
and  use  a  common  seal,  and  to  ordain,  establish  and  put  in 
execution,  such  by-laws,  ordinances,  and  regulations,  as  to 
them  may  appear  necessary  and  convenient  for  the  govern- 
ment of  the  said  corporation,  and  the  prudent  management  of 
their  affairs  ;  provided,  such  by-laws,  ordinances,  and  regula- 
tions, 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.  2.  And  be  it  further  enacted,  That  the  capital  stock  of  the 
said  corporation,  shall  consist  of  a  sum  not  less  than  two  hun- 
dren  thousand  dollars,  but  the  same  may  by  the  vote  of  the 
stockholders,  be  increased  to  any  sum  not  exceeding  three 
hundred  thousand  dollars,  in  gold  and  silver,  divided  into 
shares  of  one  hundred  dollars  each.  The  two  hundred  thou- 
sand dollars  of  which  shall  be  paid  in  at  four  equal  instal- 
ments ;  the  first,  on  the  first  day  of  October  ;  the  second,  on 
the  first  day  of  January ;  the  third,  on  the  first  day  of  April 
next;  and  the  fourth,  on  the  first  day  of  July,  which  will  be  in 
the  year  of  our  Lord,  eighteen  hundred  and  twelve.  And  the 
Stockholders,  at  their  first  meeting  shall,  by  a  majority  of 
votes,  determine  the  mode  of  transferring  and  disposing  of  said 
stock,  and  the  profits  thereof,  which  being  entered  in  the 
books  of  said  corporation,  shall  be  binding  on  the  stock- 
holders, their  successors  and  assigns ;  and  the  said  corpora- 
tion 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  hereditaments  to  the 
amount  of  fifty  thousand  dollars  and  no  more,  at  any  one  time, 
with  power  to  bargain,  sell,  and  dispose  of  the  same,  and  to 


1811. -Chap.  82.  367 

loan  and  negociate  their  monies  and  effects,  by  discounting  on 
banking  principles,  on  such  security  as  they  shall  think  advi- 
sable :  Provided  however,  That  nothing  herein  contained,  shall  Proviso, 
restrain,  or  prevent  the  said  corporation  from  taking  and  hold- 
ing real  estate  in  mortgage,  or  on  execution  to  any  amount  as 
security  for,  or  in  payment  of  any  debts  due  to  the  said  corpo- 
ration ;  And  provided  further,  That  no  money  shall  be  loaned 
or  discounts  made,  nor  shall  any  bills  or  promissory  notes  be 
issued  from  said  bank  until  the  capital  subscribed  and  actually 
paid  in,  and  existing  in  gold  and  silver  in  their  vaults,  shall 
amount  to  fifty  thousand  dollars. 

Sect.  3.  And  be  it  further  enacted.  That  the  following  rules, 
limitations,  and  provisions,  shall  form  and  be  the  fundamental 
articles  of  the  said  corporation  : — 

First,  That  the  total  amount  of  the  debts  which  the  said  Rules?  limita- 
corporation  shall  at  any  time  owe,  whether  by  bond,  bill,  note,  y^long^."  ^'°' 
or  other  contract,  exclusive  of  debts  due  on  account  of  depo- 
sits, shall  not  exceed  twice  the  amount  of  their  capital  stock 
actually  paid  in.  Nor  shall  there  be  due  to  the  said  corpora- 
tion at  any  one  time  more  than  double  the  amount  of  their 
capital  stock  actually  paid  in  as  aforesaid.  In  case  of  excess 
the  Directors,  under  whose  administration  it  shall  happen,  shall 
be  liable  for  the  same  in  their  natural  and  private  capacities ; 
and  an  action  of  debt  may  in  such  case  be  brought  against 
them,  or  any  of  them,  their,  or  any  of  their  heirs,  executors,  or 
administrators,  in  any  Court  proper  to  try  the  same,  by  any 
creditor  or  creditors  of  said  corporation  ;  and  may  be  prose- 
cuted to  final  judgment  and  execution,  any  condition,  covenant, 
or  agreement  to  the  contrary  notwithstanding.  But  this  shall 
not  be  construed  to  exempt  said  corporation,  or  the  lands,  tene- 
ments, goods,  or  chattels  of  the  same  from  being  also  liable  for, 
and  chargeable  with  said  excess,  such  of  said  directors  who 
may  have  been  absent  when  said  excess  was  contracted,  or 
created,  or  who  may  have  dissented  from  the  resolution  or  act 
whereby  the  same  was  so  contracted,  or  created,  may  respec- 
tively exonerate  themselves  from  being  so  liable,  by  forthwith 
giving  notice  of  the  fact,  and  of  their  absence,  or  dissent,  to  the 
Governor  and  Council,  and  to  the  Stockholders  at  a  general 
meeting,  which  they  shall  have  power  to  call  for  that  pur- 
pose. 

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 
with  them  by  way  of  security,  to  any  amount  sufficient  to 
reimburse  the  sum  loaned. 

Third.  That  the  lands,  tenements,  and  hereditaments,  which 
the  said  corporation  shall  h'bld,  shall  be  only  such  as  shall  be 
requisite  for  the  convenient  transaction  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  own  number  to  act  as  President ;  and  the  Cashier  be- 
fore he  enters  on  the  duties  of  his  office,  shall  give  bondi  with 


368  1811. Chap.  82. 

two  sureties,  to  the  satisfaction  of  the  board  of  Directors,  in  a 
sum  not  less  than  twenty  thousand  dollars,  with  condition  for 
the  faithful  discharge  of  the  duties  of  his  office. 

Fifth.  No  Director  of  any  other  bank,  shall  be  eligible  to 
the  office  of  Director  of  this  bank,  although  he  may  be  a  stock- 
holder therein.  And  any  Director,  accepting  any  office  in  any- 
other  bank,  shall  be  deemed  to  have  vacated  his  place  in  this 
bank. 

Sixth.  That  for  the  well  ordering  the  affairs  of  the  said  cor- 
poration, a  meeting  of  the  Stockholders  shall  be   held  at  such 
1811  ch.  86.       places  as  they  shall  direct,  on  the   first  Monday  in  an- 

nually, and  at  any  other  time  during  the  continuance  of  the 
said  corporation,  and  at  such  place,  as  shall  be  appointed  by 
the  President  and  Directors  for  the  time  being,  by  public  no- 
tification, given  one  week  previous  thereto,  at  which  annual 
meeting,  there  shall  be  chosen  by  ballot,  nine  Directors  to 
continue  in  office  the  year  ensuing  their  election  ;  and  the 
number  of  votes  to  which  each  Stockholder  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  members  may  vote  by  proxy,  being  au- 
thorized in  writing. 

Seventh.  The  Stockholders  may  make  the  President  such 
compensation,  as  to  them  shall  appear  reasonable. 

Eighth.  Not  less  than  three  Directors  shall  constitute  a  board 
for  the  transaction  of  business,  of  whom  the  President  shall  al- 
ways be  one,  (excepting  in  cases  of  sickness  or  necessary  ab- 
sence, in  which  case  the  Directors  present  may  choose  a 
chairman  for  the  time  being  in  his  stead.) 

J^inth.  All  bills  issued  from  the  bank  aforesaid,  and  signed 
by  the  President,  shall  be  binding  on  the  corporation  ;  but  it 
shall  not  be  lawful  for  them  to  issue  any  bills  of  a  less  denomi- 
nation than  five  dollars. 

Tenth.  The  Directors  shall  make  half  yearly  dividends  of 
all  the  profits,  rents,  premiums,  and  interest  of  the  bank  afore- 
said. 

Eleventh.  The  Directors  shall  have  power  to  appoint  a 
Cashier,  Clerks,  and  such  other  officers  for  carrying  on  the 
business  of  said  bank,  with  such  salaries  as  to  them  shall  seem 
meet. 

Tzctlfth.  In  case  any  loss  or  deficiency  of  the  capital  stock 
shall  arise  from  the  official  mismanagement  of  the  Directors, 
the  'persons  who  are  Stockholders  at  the  time  of  such  misma- 
nagement, shall,  in  their  private  and  individual  capacities,  be 
respectively  liable  to  pay  the  same  ;  Provided  however,  that  in 
no  case  shall  any  one  Stockholder  be  liable  to  pay  a  sum  ex- 
ceeding the  amount  of  the  stock  actually  then  held  by  him. 

TJiirteenth.  In  case  the  officers  of  said  corporation  in  the 
usual  banking  hours  at  said  bank,  shall  refuse  or  delay  pay- 
ment in  gold  or  silver  of  any  note  or  bill  of  said  corporation 
then  presented  for  payment,  the  said  corporation  shall  be  lia- 


181  J. Chap.  82.  36d 

fele  to  pay  as  additional  damages  at  the  rate  of  twenty-four  per 
cent,  per  annum,  for  the  time  during  which  such  payment  shall 
be  refused  or  delayed. 

Fourteenth.  The  holders  of  the  shares  or  stock  in  said  cor- 
poration at  the  time  when  this  act  may  expire,  shall  be  chargea- 
ble in  their  private  and  individual  capacities,  and  shall  be 
holden  for  the  payment  and  redemption  of  all  bills,  which  may 
have  been  issued  by  said  corporation,  and  which  may  then  re- 
main unpaid,  in  proportion  to  the  stock  which  they  may  res- 
pectively hold. 

Sect.  4.  jind  be  it  further  enacted^  That  the  said  bank  shall 
be  established  and  kept  in  the  town  of  Salem. 

Sect.  5.  And  be  it  further  enacted,  That  any  committee  Special  com- 
specially  appointed  by  the  Legislature  for  the  purpose,  shall  «"'"ee  empow- 
have  a  right  to  examine  into  the  doings  of  said  corporation, 
and  shall  have  free  access  to  all  their  books  and  vaults,  and  if 
upon  such  an  examination  it  shall  be  found,  and  after  a  full  hear- 
ing of  said  corporation  thereon,  be  determined  by  the  Legisla- 
ture that  said  corporation  have  exceeded  the  power  herein 
granted  them,  or  failed  to  comply  with  any  of  the  rules,  res- 
trictions, and  conditions,  in  this  act  provided,  their  incorpora- 
tion may  thereupon  be  declared  forfeited  and  void. 

Sect.  6.  And  be  it  further  enacted,  That  the  persons  here-  Marnier  of  cal- 
in  before  named,  or  any  three  of  them,  are  authorized  to  call  o"s^iockhoTderf. 
a  meeting  of  the  members  and  stockholders  of  said  corpora- 
tion, as  soon  as  may  be,  at  such  time  and  place,  as  they  may 
see  fit,  (by  advertising  the  same  for  three  weeks  successively 
in  the  Essex  Register  and  Salem  Gazette),  for  the  purpose  of 
making,  ordaining,  and  establishing,  such  by-laws,  ordinances, 
and  regulations,^  for  the  orderly  conducting  the  affairs  of  the 
said  corporation,  as  the  said  Stockholders  shall  deem  necessa- 
ry, and  for  the  choice  of  the  first  board  of  Directors,  and  such 
other  officers  as  they  shall  see  fit  to  choose. 

Sect.  7,     And  be  it  further  enacted,  That  it  shall  be  the  duty  Directors  re- 
of  the  Directors  of  said  bank,  to  transmit  to  the  Governor  and  quired  to  trans- 
Council  of  this  Commonwealth,  for  the  time  being,  once  in  six  ^\  '*    ^ 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amounts  of  the  capital  stock 
of  said  corporation,  and  of  debts  due  to  the   same,  of  the   mo- 
nies deposited  therein,  of  the  notes   in   circulation,  and   of  the 
gold,  silver,  and  copper  coin,  and  the   bills  of  other   banks  on 
hand,  which  statement  shall  be  signed  by  the  Directors,  and 
attested  by  the  Cashier. 

Sect.  8.     And  be   it  further   enacted,  That    the  said  corpo-  Counterfeit 
ration  shall  be  liable  to  pay  to  any  bona  fide  holder,  the   ori-  "°^^** 
ginal  amount  of  any  note  of  said  bank  counterfeited,   or    al- 
tered, in  the  course  of  its  circulation,  to  a  larger  amount,  not- 
withstanding such  alteration. 

Sect.  9.     And  be  it  further  enacted.  That  the  said  corpora-  Tax. 
tion,  from  and  after  the  first  Monday  of  October,  in   the  y«ar 
of  our  Lord  one  thousand  eight  hundred  and  twelve,  shall  pay 
by  way  of  tax,  to   the   Treasurer  of  this  Commonwealth,  for 
the  use  of  the  same,  within  ten  days  after  each  semi  annual 

V9L.  IV.  47 


370 


1811. 


Chap.  82—84. 


Proviso. 


Proportion 
appropriated 
for  loans. 


Obligation  to 
loan  to  the 
Common- 
wealth. 

Proviso. 


Common- 
wealth may- 
become  stock- 
holders. 


Chap.  84. 


Bank  incor- 
porated. 


dividend,  the  half  of  one  per  cent,  on  the  amount  of  the  ori- 
ginal stock,  which  shall  at  the  time  of  said  dividend  have 
been  actually  paid  in.  Provided  however^  That  the  same  tax, 
payable  in  manner  aforesaid,  shall  be  required  by  the  Legis- 
lature of  all  banks,  that  shall  be  hereafter  incorporated  with- 
in this  Commonwealth  ;  and  provided  further^  that  nothing  here- 
in shall  be  construed  to  impair  the  rights  of  the  Legislature  to 
lay  a  tax  upon  any  bank  already  incorporated,  under  the  au- 
thority of  this  Commonwealth,  whenever  they  may  see  fit  so 
to  do. 

Sect.  10.  And  be  it  further  enacted,  That  one  tenth  part  of 
the  whole  funds  of  said  bank,  shall  always  be  approp)riated  to 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  not  resi- 
dent in  the  town  of  Salem,  and  wherein  the  Directors  shall 
wholly  and  exclusively  regard  the  agricultural  and  manufac- 
turing interest,  which  loans  shall  be  made  in  sums,  not  less 
than  one  hundred  dollars,  nor  more  than  five  hundred  dollars, 
and  upon  the  personal  bond  of  the  borrower,  with  collateral 
security  by  a  mortgage  of  real  estate  to  the  satisfaction  of  the 
Directors  of  said  bank,  for  a  term  not  less  than  one  year,  and 
on  condition  of  paying  the  interest  annually  on  such  loans, 
subject  to  such  forfeitures  and  right  of  redemption  as  is  by 
law  provided  in  other  cases. 

Sect.  11.  And  be  it  further  enacted.  That  whenever  the 
Legislature  shall  require  it,  the  said  corporation  shall  loan  to 
the  Commonwealth  any  sum  of  money  which  may  be  requir- 
ed, not  exceeding  ten  per  centum  of  the  amount  of  the  capi- 
tal stock  actually  paid  in,  at  any  one  time,  reimbursable  lay 
five  annual  instalments,  or  at  any  shorter  period,  at  the  elec- 
tion of  the  Commonwealth,  with  the  annual  payments  of  in- 
terest, 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  con- 
sent, for  a  larger  sum  than  twenty  per  centum  of  the  capital 
stock  actually  paid  in. 

Sect.  12.  Be  it  further  enacted,  That  the  Commonwealth 
shall  have  a  right,  whenever  the  Legislature  shall  make  pro- 
vision by  law,  to  subscribe  on  account  of  the  Commonwealth 
a  sum  not  exceeding  one  hundred  and  fifty  thousand  dollars, 
to  be  added  to  the  capital  stock  of  said  company,  subject  to 
such  rules,  regulations,  and  provisions  as  shall  be  by  the  Leg- 
islature made  and  established  as  to  the  management  thereof. 
[June  26,  1811.]     Add  act— 1811  ch.  86. 

An  Act  to  incoiporate  the  President,  Directors  and  Company  of  the  State  Bank. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa-' 
tives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  William  Gray,  Henry  Dearborn,  David  Tilden, 
Russel  Sturgis,  John  Brazer,  and  David  Townsend,  their  as- 
sociates, successors,  and  assigns,  shall  be,  and  hereby  are  cre- 
ated a  corporation,  by  the  name  of  The  President,  Directors, 
and  Company  of  the  State  Bank,  and  shall  so  continue  from 
the  first  day  of  October  next,  until  the  first  Monday  in  Octo- 
ber which  will  be  in  the  year  of  our  Lord  one  thousand  eight 


1811. Chap.  84.  37* 

hundred  and  thirty-one,  and  by  that  name  shall  be,  and  here- 
by are  made  capable  in  law,  to  sue  and  be  sued,  plead  and 
be  impleaded,  defend  and  be  defended  in  any  Courts  of  Re- 
cord, or  any  other  place  whatever  5  and  also  to  make,  have,  and 
use  a  common  seal,  and  the  same  at  pleasure  again  to  break, 
alter  and  renews  and  also  to  ordain,  establish  and  put  in 
execution,  such  by-laws,  ordinances,  and  regulations,  as  to 
them  shall  appear  necessary  and  convenient  for  the  govern- 
ment of  the  said  corporation,  and  the  prudent  management  of 
their  affairs  ;  provided,  such  by-laws,  ordinances,  and  regula- 
tions, shall  in  no  wise  be  contrary  to  the  constitution  and  laws 
of  this  Commonwealth,  and  the  said  corporation  shall  be  al- 
ways subject  to  the  rules,  restrictions,  limitations,  and  provis- 
ions herein  prescribed. 

Sect.    2.     And  be  it  further  enacted,  That  the  capital  stock  of  Amount  of 
the  said   Corporation,    shall    consist  of  a    sum  not  more  than  ^^P''''*  ^l°Lic 

1  •ii-'^riii  •  II  11  11-]  u    (Reduced  1816 

three  millions  of  dollars,  m  gold  and  saver,  to  he  besides  such  ^h.  86.) 
part  as  this  Commonwealth  shall  subscribe,  in  m  inner  herein- 
after mentioned,  divided  into  shares  of  one    hundred    dollars 
each,  which  shall  be   paid   in    at   five   equal  instalments;  the 
first  on  the  fifteenth  day  of  October  next,  the  second  on  the  rj-^^^^f      -^^^ 
fifteenth  day  of  April   next,  and  the  third  on  the  fifteenth  day  instalments. 
of  October,  which  will  be  in  the  year  of  our  Lord   one  thou- 
sand eight  hundred  and  twelve,  the  fourth  on  the  fifteenth  day 
of  April,  and  the  fifth  on  the  fifteenth  day  of  October,  which 
will  be  in  the  year  of  our  Lord  one    thousand  eight  hundred 
and  thirteen.     And   the  Stockholders   at    their  first    meeting, 
shall,  by  a  majority  of  voles,  determine  the  mode  of  transfer- 
ring and  disposing  of  said  stock,  and  the  profits  thereof,  which 
being  entered  in  the  books  of  said  corporation  shnll  be  bind- 
ing on  the  stockholders,  their  successors  and  assigns  until  they 
shall  otherwise  determine  ;  and  the  said  corporation  are  here- 
by  made  capable  in    law,    to  have,  hold,  purchase,    receive.  Corporation 
possess,  enjoy  and  retain  to  them,  their  successors  and  assigns,  ^^y  ^^^^  "** 
lands,  rents,  tenements,  and  hereditaments,  to  the  amount  of 
one  hundred  thousand  dollars,  and   no  more  at  any  one  time, 
with  power  to  bargain,  sell,  and   dispose  of  the  same,   and  to 
loan  and  negociate  their  monies  and  eflects,  by  discounting  on 
banking  principles,  on  such  security   as  thej'^  shall   think  ad- 
visable :    Provided  however,    That    nothing    herein    contained.  Proviso, 
shall  restrain  or  prevent  the  said  corporation  from  taking  and 
holding  real   estate    in  mortgage,   or   on   executions,   to    any 
amount,  as  security  for,  or  in  payment  of  any   debts  due  to 
the  said  corporation  :  And  provided    further,  That  no   monies  * 

shall  be  loiiied,  or  discounts  made,  nor  shall  any  bills  or  pro- 
missory notes  be  issued  from  said  bank,  until  the  capital  sub- 
scribed and  actually  paid  in  and  existing  in  gold  and  silver  in 
their  vaults,  shall  amount  to  six  hundred  thousand  dollars, 
nor  until  the  said  capital  stock  actually  in  said  vaults  shall 
have  been  inspected  and  examined  by  three  Commissioners  to 
be  appointed  by  the  Governor  for  that  purpose,  whose  duty 
it  shall  be  at  the  expense  of  said  corporation  to  examine  and 
count  the  monies  paid  and  actually  existing  in  said  vaults,  and 


372 


181J. 


Chap.  84. 


provisions. 


i.0  ascertain  by  the  oath  of  the  Directors  of  said  bank,  or 
some  of  them,  that  said  capital  hath  been  bona  fide  paid  in 
by  the  stockholders  of  said  bank,  and  towards  payment  for 
their  respective  shares,  and  not  for  any  other  purpose,  and 
it  is  intended  therein  to  remain  as  part  of  said  capital,  and  to 
return  a  certificate  thereof  to  the  Governor. 

Sect.  3.  And  be  it  further  enacted,  That  the  following  rules, 
limitations,  and  provisions,  shall  form  and  be  the  fundamental 
articles  of  the  said  corporation  : — 

First.  That  the  total  amount  of  the  debts  which  the  said 
corporation  shall  at  any  time  owe,  whether  by  bond,  bill,  note 
or  other  contract,  shall  not  exceed  twice  the  amount  of  their 
capital  stock  actually  paid  in,  exclusive  of  the  sums  due  on 
account  of  deposits ;  nor  shall  there  be  due  to  the  said  corpo- 
ration at  any  one  time^  more  than  double  the  amount  of  the 
Rules,  limita-  Capital  stock  actually  paid  in  as  aforesaid.  In  case  of  excess, 
tations  and  the  Directors  under  whose  administration  it  shall  happen,  shall 
be  liable  for  the  same  in  their  natural  and  private  capacities  ; 
and  an  action  of  debt  may  in  such  case  be  brought  against 
them,  or  any  of  them,  their,  or  any  of  their  heirs,  executors, 
or  administrators,  in  any  Court  proper  to  try  the  same,  by 
any  creditor  or  creditors  of  said  corporation  ;  and  may  be 
prosecuted  to  judgment  and  execution,  any  condition,  cove- 
nant, or  agreement  to  the  contrary  notwithstanding.  But  this 
shall  not  be  construed  to  exempt  said  corporation,  or  the  lands, 
tenements,  goods,  or  chattels  of  the  same,  from  being  also  li- 
able for,  and  chargeable  with  said  excess,  such  of  said  Direc- 
tors who  may  have  been  absent  when  said  excess  was  con- 
tracted, or  created,  or  who  may  have  dissented  from  the  res- 
olution or  act  whereby  the  same  was  contracted,  or  created, 
may  respectively  exonerate  themselves  from  being  so  liable, 
by  forthwith  giving  notice  of  the  fact,  and  of  their  absence, 
or  dissent,  to  the  Governor  and  Council,  and  to  the  Stockhol- 
ders at  a  general  meeting,  which  they  shall  have  power  to  call 
for  that  purpose. 

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  an  amount  suffi- 
cient to  reimburse  the  sum  loaned. 

Third.  That  the  lands,  tenements,  and  hereditaments,  which 
the  said  corporation  shall  [hold,  shall  be  only  such  as  shall 
be  requisite  for  the  convenient  transaction  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  own  number  to  act  as  President ;  and  the  Cashier  be- 
fore he  enters  upon  the  duties  of  his  office,  shall  give  bonds 
with  two  sureties,  to  the  satisfaction  of  the  board  of  Direc- 
tors, in  a  sum  not  less  than  fifty  thousand  dollars,  with  condi* 
lions  for  the  faithful  discharge  of  the  duties  of  his  office. 

Fifth.  No  Director  of  any  other  bank  shall  be  eligible  to 
tUe  office  of  Director  of  this  bank,  although  he  may  be  a  stock' 


Monies  not  to 
be  used  in 
.♦rade. 


Person  eligi- 
ble as  Presi- 
dent, 


1811. Chap.  84.  >  37^ 

holder  therein  ;  and  any  Director,  accepting  any  office  in  any 
other  bank,  shall  be  deemed  to  have  vacated  his  place  in  this 
bank. 

Sixth.  That  for  the  well  ordering  the  affairs  of  the  said  cor-  Annual 
poration,  a  meeting  of  the  Stockholders  shall  be  held  at  such  meeting  of 
places  as  they  shall  direct,  on  the  first  Monday  in  October  an-  \q\^^  heid.*"^ 
nually,  and  at  any  other  time  during  the  continuance  of  the 
said  corporation,  and  at  such  place,  as  shall  be  appointed  by 
the  President  and  Directors  for  the  time  being,  by  public  no- 
tification, given  fourteen  days  previous  thereto,  at  which  an- 
nual meeting  there  shall  be  chosen  by  ballot  twelve  Directors, 
to  continue  in  office  the  year  ensuing  their  election,  and  the 
number  of  votes  to  which  each  Stockholder  shall  be  entitled, 
shall  be  according  to  the  number  of  shares  he  shall  hold  in 
the  following  proportions,  that  is  to  say :  for  one  share  one 
vote,  and  every  two  shares  above  one,  shall  give  a  right  to 
one  vote  more :  providtd,  no  one  member  shall  have  more 
than  ten  votes  ;  and  absent  members  may  vote  by  proxy,  being 
authorized  in  writing. 

Seventh.  The   Stockholders  may  make  the   President  such  President  may 
compensation,  as  to  them  shall  appear  reasonable.  ^P^'  * 

Eighth.  No  less  than  seven  Directors  shall  constitute  a  board 
for  the  transaction  of  business,  of  whom  the  President  shall  al- 
ways be  one,  (except  in  case  of  sickness  or  necessary  absence, 
in  which  case  the  Directors  present  may  choose  a  chairman 
for  the  time  being  in  his  stead.) 

Xinfh.  All  bills  issued  from  the  bank  aforesaid,  and  signed  Bills  not  to  be 
by  the  President,  shall  be    binding  on  the  corporation;  but  it  Jhanfive 
shall  not  be  lawful  for  them  to  issue  any  bills  of  a  less  denomi-  dollars, 
nation  than  five  dollars. 

Tenth.  The  Directors  shall   make  half  yearly  dividends  of  Dividends, 
all  the  profits,  rents,  premiums,  and  interest  of  the  bank  afore- 
said. 

Eleventh.  The  Directors  shall  have  power  to  appoint  a 
Cashier,  Clerks,  and  such  other  officers  ibr  carrying  on  the 
business  of  said  bank,  with  such  salaries  as  to  them  shall  seem 
meet. 

Twelfth.  In  case  the  officers  of  said  corporation  in  the  usu- 
al banking  hours  at  said  bank,  shall  refuse  or  delay  payment 
in  gold  or  silver  of  any  note  or  bill  of  said  corporation  there 
presented  for  payment,  the  said  corporation  shall  be  liable  to 
pay  as  additional  damages  at  the  rate  of  twenty-four  per  cent, 
per  annum,  for  the  time  during  which  such  payment  shall  be 
refused  or  delayed. 

Thirteenth.  In  case  any  loss  or  deficiency  of  the  capital 
stock  shall  arise  from  the  official  mismanagement  of  the  Direc- 
tors, the  persons  who  are  Stockholders  at  the  time  of  such 
mismanagement,  shall,  in  their  private  and  individual  capa- 
cities be  respectively  liable  to  pay  the  same  :  Provided  hozcever, 
That  in  no  case  shall  any  one  Stockholder  be  liable  to  pay  a 
sum  exceeding  the  amount  of  the  stock  actually  then  held  by 
him. 


374 


1811. 


Chap.  84. 


Individual 
property  lia- 
ble for  the 
sBank's  debts. 


Obligation  to 
loan  to  tbe 
Common- 
wealth. 


Special  com- 
mittee em- 
powered. 


Manner  of 
calling  a 
meeting  of 
stockholders. 


Directors 
required  to 
»ransmit  to 
authority. 


Fourteenth.  The  holders  of  the  shares  or  stock  in  said  cor- 
poration when  this  act  may  expire,  shall  be  chargeable  in 
their  private  and  individual  capacities,  and  shall  be  holden  for 
the  payment  and  redemption  of  all  bills  which  may  have  been 
issued  by  said  corporation,  and  which  may  then  remain  un- 
paid, in  proportion  to  the  stock  which  they  may  respectively 
hold. 

Sect.  4.  And  be  it  further  enacted,  That  the  said  bank 
shall  be  established  and  kept  in  the  town  of  Boston  afore- 
said. 

Sect.  5.  And  be  it  further  enacted,  That  whenever  the  Legis- 
lature shall  require  it,  the  said  corporation  shall  loan  to  the 
Commonwealth  any  sum  of  money  which  may  be  required,  not 
exceeding  three  hundred  thousand  dollars,  at  any  one  time,  re- 
imbursable by  five  annual  instalments,  or  at  any  shorter  peri- 
od, at  the  election  of  the  Commonwealth,  with  the  annual  pay- 
ment of  interest,  at  a  rate  not  exceeding  five  per  centum  per 
annum  :  Provided  hozrever,  That  the  Commonwealth  shall  never 
at  any  one  time  stand  indebted  to  said  corporation,  without 
their  consent,  for  a  larger  sum  than  six  hundred  thousand 
dollars. 

Sect.  6.  And  be  it  further  enacted.  That  any  committee 
specially  appointed  by  the  Legislature  for  the  purpose,  shall 
have  a  right  to  examine  into  the  doings  of  said  corporation, 
and  shall  have  free  access  to  all  their  books  and  vaults,  and 
if  upon  such  an  examination  it  shall  be  found,  and  after  a  full 
hearing  of  said  corporation  thereon,  be  determined  by  the 
Legislature  that  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  incor- 
poration shall  thereupon  be  declared  forfeited  and  void. 

Sect.  7.  And  be  it  further  enacted,  That  the  persons  herein 
before  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  for  three  weeks  successively  in 
the  Boston  Patriot  and  Independent  Chronicle,)  for  the  pur* 
pose  of  making,  ordaining,  and  establishing,  such  by-laws,  or- 
dinances, and  regulations,  for  the  orderly  conducting  the  af- 
fairs of  the  said  corporation,  as  the  said  Stockholders  shall 
deem  necessary,  and  for  the  choice  of  the  first  board  of 
Directors,  and  such  other  officers  as  they  shall  see  fit  to 
choose. 

Sect.  8.  And  be  it  ftrther  enacted.  That  it  shall  be  the  duty 
of  the  Directors  of  said  bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth,  for  the  time  being  once  in 
six  months  at  least,  and  as  much  oftener  as  they  may  re- 
quire, accurate  and  just  statements  o>  the  amount  of  the  capi- 
tal stock  of  said  corporation,  and  of  debts  due  to  the  same, 
of  the  monies  deposited  therein,  of  the  notes  in  circiilation, 
and  of  the  gold,  silver,  and  copper  coin,  and  the  bills  of  other 
banks  on  hand,  which  statement  shall  be  signed  by  the  DireC' 


1811. Chap.  84.  375 

tors,  and  attested  by  the  Cashier,  and  shall  be  verified  by  oath 
before  some  person  competent  to  administer  the  same. 

Sect.  9.  And  be  it  further  enacted,  That  in  addition  to  the 
capital  stock  aforesaid  of  three  millions  of  dollars,  the  Com- 
monwealth may  be  interested  in  the  said  corporation  to  the 
amount  of  one  million  live  hundred  thousand  dollars,  whenev- 
er provision  shall  be  made  therefor  by  law,  and  the  Com- 
monwealth from  the  time  of  making  any  payment  towards  the 
capital  of  said  bank,  shall  be  entitled  to  their  proportionate 
share  of  the  profits  and  dividends  arising  from  the  amount 
thereof  from  said  bank. 

Sect.  10.     And  be  it  further  enacted.  That  the  said   corpo-  Counterfeit 
ration  shall  be  liable  to  pay  to  any  bona  fide  holder,  the  origi-  "o'^^- 
nal  amount  of  any  note  of  said  bank,  altered  in  the   course  of 
its  circulation  to  a  larger  amount,  notwithstanding  such  altera- 
tion. 

Sect.  1 1 .  And  be  it  further  enacted.  That  the  said  corpora-  Tax. 
tion,  from  and  after  the  first  Monday  of  October,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twelve,  shall 
pay  by  way  of  tax,  to  the  Treasurer  of  this  Commonwealth, 
for  the  use  of  the  same,  within  ten  days  after  each  semi-annu- 
al dividend,  the  half  of  one  per  cent,  on  the  amount  of  the 
original  stock,  which  shall  at  the  time  of  said  dividend  have 
been  actually  paid  in  :  Provided  however,  That  the  same  tax,  Proviso, 
payable  in  manner  aforesaid,  shall  be  required  by  the  Legis- 
lature of  all  banks  that  shall  be  hereafter  incorporated  within 
this  Commonwealth,  from  and  after  the  said  first  Monday  of 
October:  And  provided  further,  That  nothing  herein  contained 
shall  be  construed  to  impair  the  right  of  the  Legislature  to  lay 
a  tax  or  excise  upon  any  bank  already  incorporated,  under  the 
authority  of  this  Commonwealth,  whenever  they  may  think 
proper  so  to  do. 

Sect.  12.     And  be  it  further  enacted.  That  one  tenth  part  of  proportion  ap. 
the  whole  funds  of  said  bank  shall  always  be  appropriated  to  propviated  for 
loans  to  be  made  to  citizens  of  this  Commonwealth,  not  resi-  ^°^"^' 
dent  in  the  town  of  Boston,  and   wherein  the  Directors  shall 
wholly  and  exclusively  regard  the  agricultural  and  manufactur- 
ing interest,  which  loans  shall  be  made  in  sums,   not  less  than 
one  hundred  dollars,  nor  more  than  five  hundred  dollars,  and 
upon  the  personal  bond  of  the  borrower,  with  rollateral  secu- 
rity by  a  mortgage  of  real  estate  to  the  satisfaction  of  the  Di- 
rectors of  said  bank,  for  a  term  not  less  than  one  year,  and  on 
condition  of  paying  the  interest  annually  on  such  loans,  sul-ject 
to  such  forfeitures  and  right  of  redemption  as  is  by  law  pro- 
vided in  other  cases. 

Sect.  13.  And  be  it  further  enacted,  That  the  Treasurer  of  state  Treasu- 
the  Commonwealth  for  the  time  being  shall  ex  officio  be  a  Di-  rer  to  be  Di- 
rector of  said  bank,  in  addition  to  the  Directors  by  law  to  be 
chosen  by  the  stockholders.  And  that  the  Legislature  shall 
have  a  right  from  time  to  time  to  appoint  a  number  of  Direc- 
tors of  the  said  bank  in  proportion  as  the  sums  paid  from  the 
Treasury  of  the  Commonwealth,  shall  bear  to  the  whole  amount 


rector  ex  offi- 
cio. 


376 


1811. 


Chap.  86~8d. 


Chap.  86. 

1811  ch.  82. 


Annual  meet- 
ing. 


Chap.  87. 
1804  cb.  50. 
(V.  3.  p.  485.) 


Act  continued. 


of  the  Stock  actually  paid  into  the  said  bank,  if  at  any  timfc 
hereafter  they  shall  judge  fit  to  exercise  that  right.  [June  27, 
1811.]     Add.  act— 1816  ch.  86.        

An  Act  supplementary  to  "An  Act  to  incorporate  the  President,  Directors,  and 
Company  of  the  Merchants'  Bank." 

WHEREAS  in  the  sixth  article  of  the  third  section  of  the 
act  to  incorporate  the  President,  Directors,  and  Company  of 
the  Merchants'  Bank,  a  blank  is  left  of  the  month,  on  which 
the  annual  meeting  of  the  stockholders  shall  be  holden.  There- 
fore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled^  and  by  the  authority  of  the  same.  That 
the  said  annual  meeting  for  the  purposes  specified  in  said  arti- 
cle, shall  be  holden  on  the  first  Monday  of  October  annually. 
[June  27,  1 8 1 1 .]  ^ 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  incorporate  the  persons  herein 
named,  into  a  company,  by  tlie  name  of  The  Broad-Street  Association,  m  the 
Town  of  Boston." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
an  Act,  entitled,  "  An  Act  to  incorporate  the  persons  herein 
named  into  a  company,  by  the  name  of  The  Broad  Street  As- 
sociation, in  the  town  of  Boston,"  shall  be,  and  the  same  here- 
by is  continued  in  force  until  the  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirteen. 
[Jan.  22,  1812.]     Further  act— 1812  ch.  74. 


Chap.  89. 


Persons  incor- 
porated. 


(1808  ch.  6o.) 

May  hold  pro 
perty. 


An  Act  to  incorporate  Thomas  Seargant  Baylies  and  others,  by  tlie  name  of  The 
Bristol  Cotton  Manufacturing  Company. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,-  and  by  the  authority  of  the 
same.  That  Thomas  S.  Baylies,  William  De  Wolf,  Eliphalet 
Williams,  Thomas  Howe,  Joseph  Haven,  Levi  De  Wolf, 
George  Pearce,  Thomas  Hill,  jun.  Charles  Harris,  Richard  D. 
Harris,  Caleb  Peck,  Joseph  C.  Wheaton,  and  John  Field,  jun. 
with  such  others  as  may  hereafter  associate  with  them,  their 
successors  and  assigns,  be,  and  hereby  are  made  a  corporation, 
by  the  name  and  style  of  The  Bristol  Cotton  Manufacturing 
Company,  fo^the  purpose  of  manufacturing  cotton  in  the  town 
of  Dighton  in^he  county  of  Bristol,  and  for  that  purpose  shall 
have  all  the  powers  and  privileges,  and  be  subject  to  all  the 
duties  and  requirements  contained  in  an  Act  passed  the  third 
day  of  March,  one  thousand  eight  hundred  and  nine,  entitled, 
"  An  Act  defining  the  general  powers  and  duties  of  Manufttc^ 
turing  Corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  ma} 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value 
of  fifty  thousand  dollars,  and  possessed  of  such  personal  estate 
not  exceeding  the  value  of  one  hundred  thousand  dollars,  a^ 
may  be  necessary  and  convenient  for  carrying  on  the  manu- 
facture of  cotton,  in  said  town  of  Dighton.     fJan.  31,  1812.] 


1811. Chap.  95—99.  377 

An  Act  to  incorporate  the  district  of  Berlin  into  a  Town,  by  ths  name  of  Berlin.   Qfidp^  95, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tutives,  in  General  Court  assembled^  and  by  thp  authority  of  the 
same,  That  the  district  of  Berlin,  in  the  county  of  Worcester,  Berlin  ihcor- 
be,  and  hereby  is  incorporated  into  a  town,  by  the  name  of  Pirated. 
Berlin,  subject  to  the  like  duties  and  requirements,  and  vested 
with  all  the  powers,  privileges  and  immunities  which  other 
towns  do,  or  may  enjoy,  agreeably  to  the  constitution  and  laws 
of  this  CommonweaUh. 

Sect.  2.  Be  it  further  enacted.  That  either  of  the  justices  of  justice  to  is- 
the  peace  for  the  county  of  Worcester  be,  and  he  is  hereby  ^"e  warrant. 
authorized  to  issue  a  warrant,  directed  to  a  freeholder,  an  in- 
habitant of  the  said  town  of  Berlin,  requiring  him  to  notify  and 
w  "n  the  freeholders  and  other  legal  voters  thereof,  to  meet  at 
such  convenient  time  and  place  as  shall  be  appointed  in  said 
warrant,  for  the  choice  of  such  officers,  as  towns  are  by  law 
required  to  choose  and  appoint  at  their  annual  town  meetings. 
[Feb.  6,  1812.] 

An  Act  to  incorporate  a  number  of  persons   in   tiie   county  of  Franklin,   by  the   CAflP.  96 
name  of  The  Franklin  Glass  Factory  Company.  "' 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Rcpresen- 
iatives,  in  General   Court  assembled,  and  by  the  authority  of  the 
same,  That  Ebcnezer  Hall,  William  Cobb,  Jacob  Rich,  Benjamin  persons  incor- 
Tuel,  Samuel  Fay,  and  Ebenezer  Williams,  together  with  such  porated. 
others  as  may  hereafter  associate  with  them,  and  their  succes- 
sors, be,  and  they  are  hereby  made  a  corporation,  by  the  name 
of  The  Franklin  Glass  Factory  Company,   for   the  purpose  of 
manufacturing  window   glass  and   hollow  glass   ware,   in  the  Powers  and 
county  of  Franklin,  in  said  Commonwealth,   and  for  this  pur-  privileges. 
pose  shall  have  all  the  powers  and   privileges,   and  shall  also 
he  subject  to  all  the  duties,  requirements,  and  disabilities,  pre- 
scribed  and  contained   in  an  Act,  entitled,    "  An  Act  defining  (isosch.  65.) 
the  general  powers  and  duties  of  manufacturing  corporations  ;" 
passed  the  third  day  of  March,  eighteen  hundred  and  nine. 

Sect.  2.     .'Ind  be  it  further  enacted.  That  the  said  corpora-  May  hold  real 
tion,  in  their  corporate  capacity,  shall  and  may  lawfully  hold  estate. 
and  possess  real  estate  not  exceeding  thirty  thousand  dollars, 
and  personal  estate  not  exceeding  seventy  thousand  dollars,  as 
may  be  necessary  and  convenient  for  carrying  on  the  manufac- 
ture of  glass  in  said  county  of  Franklin.     \_Fcb.  6,  1812.] 
> — _ J 

An  Act  to  establish  a   corporation,   bj'  the  name  of  The  Trustees  of  the  Baptist   Chap*  99. 
Seminary  in  West  SpringfieM.  ■' 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  there  be,  and  hereby  is  established,  in  the  town  of  Seminary  es- 
West  Springfield,  in  the  county  of  Hampshire,  a  literary  semi-  tabiished. 
nary  by  the  name  of  The  Baptist  Seminary  in  West  Spring- 
field, for  the  purpose  of  promoting  piety  and  virtue  and  for  the 
education  of  youth  in  such  languages,  and  in  such  of  the  liberal 
arts  and  sciences,  as  the  trustees  thereof  shall  from  time  to 
time  judge  the  most  useful  and  expedient,  for  the  purposes  of 

VOL.  IV.  48 


378 


IBil. 


Chai'.  99. 


Trustees  in- 
corporated. 


Empowered 
to  elect  offi- 


the  said  inslitution,  and  as  they  may  accordingly  order  and 
direct. 

Sect.  2.  Be  it  further  enacted^  That  the  number  of  the  said 
trustees  shall  never  be  more  than  fifteen,  nor  less  than  nine, 
five  of  whom  shall  be  a  quorum  for  doing  business,  and  the 
said  trustees,  who  are  by  this  Act  created  a  corporation,  shall 
be,  and  hereby  are  declared  to  hive  perpetual  succession  with 
all  the  powers  and  privileges  incident  end  usually  given  to  and 
exercised,  and  enjoyed  by  other  institutions  of  the  like  nature 
and  purpose.  And  the  said  corporation  may  have  and  use  a 
common  seal,  subject  to  change  or  alteration  when  they  see 
cause;  and  all  deeds  or  other  instruments  shall  be  sealed  with 
said  seal,  and  when  signed,  sealed,  executed,  acknowledged 
and  delivered,  by  the  treasurer  of  the  said  corporation,  shall  be 
binding  on  the  said  corporation,  and  shall  be  good  and  valid  in 
law. 

Sect.  3.  Be  it  further  enacted^  That  the  said  trustees  shall 
have  power  to  elect  by  ballot,  a  secretary  and  treasurer,  and 
to  make  such  other  appointments  of  officers,  and  of  the  princi- 
pal and  subordinate  instructors,  in  the  said  seminary,  as  they 
may  from  time  to  time  judge  necessary;  to  fix  the  tenure  of 
their  respective  offices,  and  to  define  their  several  powers  and 
duties,  to  vacate  the  place  of  any  trustee,  officer,  or  instructor, 
when  in  their  opinion,  by  reason  of  age,  resignation,  miscon- 
duct, or  other  cause,  he  has  become  incapable  of  discharging 
the  duties  of  his  office  ;  and  to  fill  all  vacancies  which  may  so 
happen,  to  fix  the  times  and  places  for  the  meetings  of  the  said 
corporation,  and  the  mode  of  notifying  ihe  members,  and  to 
prescribe  and  establish  such  reasonable  statutes  and  by-laws, 
as  will  best  promote  and  cultivate  a  temper  of  subordination, 
and  a  just  and  mild  government,  in  the  said  seminary,  and  to 
annex  reasonable  penalties,  for  neglect  of  duty,  or  a  breach  of 
the  laws  :  Provided  however^  That  such  statutes  and  by-laws, 
shall  never  be  repugnant  to  the  constitution  and  laws  of  this 
Commonwealth. 

Sect.  4.  Be  it  further  enacted^  That  all  the  monies,  lands, 
ed°amf  apm(>-"  ^^  Other  property  already  subscribed,  or  which  may  be  here- 
priated.  after  given,  assigned,  or  transferred  to  the  said  trustees,  for  the 

use  of  the  said  institution,  shall  be  received  and  held  by  them 
and  their  successors  in  office,  in  trust ;  and  the  said  trustees, 
in  behalf  of  said  seminary,  may  also  receive  and  hold  in  fee- 
simple,  by  gift,  grant,  demise,  bequest  or  otherwise,  any  land, 
or  other  estate,  real  or  personal,  provided  the  annual  income 
thereof  shall  not  exceed  the  sum  of  fifteen  thousand  dollars ; 
and  the  said  trustees  may  sell  and  dispose  of  the  same,  and 
apply  the  rents  and  profits  thereof  in  such  way  as  they  may 
judo'e  will  be  the  most  productive  to  the  general  interests  of  the 
said  institution,  and  the  promotion  of  literature.  And  the  said 
trustees,  in  their  corporate  capacity,  are  hereby  made  capable 
in  law  to  sue  and  be  sued,  in  all  actions  real,  personal,  or  mix- 
ed, and  to  prosecute  and  defend  the  same  to  final  judgment  and 
execution,  by  the  name  of  The  Trustees  of  the  Baptist  Serai- 
nary  in  West  Springfield. 

Sect.  5.    And  be  it  further  enacted,  That  Benjamin  Basset, 


Froviso. 


181 1. Chap.  99—101.  379 

Asahel  Chapin,  Stephen  Chapin,  Samuel  Gill,  Austin  Goodyear,  Trustees  ap- 
Benjpimin  Hasiings,  Caleb  Humeston,  Thomas  Rand,  and  Noah  P°'"'^  * 
Wolcot,  be,  and  ihey  hereby  are  appointed  and  declared  to  be 
the  first  and  present  trustees  of  the  said  seminary.     And  any 
justice  of  the  peace  for  the  county  of  Hampshire  is  hereby  au- 
thorized, upon  a^-jplication  therefor,  to  issue  a  warrant,  direct-  justice  to  issue 
cd  to  cne  of  the  before  named  trustees,  requiring  him  to  notify  warrant, 
and  uarn  a  meeting  of  the  said  trustees,   nt  such   convenient 
time  and  place,  as  shall  be  expressed  in  said  warrant,  to  orga- 
nize the  said  seminary,  by  the  election  and  appointment  of  its 
officers.     [Feb.  11,  1812.] 

An  Act  to  annex  tsaiic  Walker  and  Joshua  Brewer,  with  thv  ir  families  and  estates,   Chap,  100. 
to  the  Town  of  Tj'ringham. 

BE  it  enacted  by  the  Seiwte  and  House  of  Representatives^  in 
General  Court  assc7nhled,  and  by  the  authority  of  the  same.  That  pg^gonssetoff 
Isaac  Walker  and  Joshua  Brewer,  inhabitants  of  the  town  of  to  otiier  town. 
New  Marlborough,  with  their  polls  and  estates,  be,  and  they 
hereby  are  set  off  from  the  said  town  of  New  Marlborough, 
and  annexed  to  the  town  of  Tyringham,  in  the  county  of  Berk- 
shire, as  described  within  the  following  limits,  viz.  Beginning 
at  the  north-east  corner  of  the  said  town  of  New  Marlborough, 
thence  southerly  on  the  line  of  Sandisfield,  one  hundred  and 
fifty  rods,  to  a  stake  and  stones  ;  thence  north,  fifty  degrees 
west,  two  hundred  and  fourteen  rods,  to  a  stake  and  stones 
upon  the  line  between  New  Marlborough  and  Tyringham  ; 
thence  one  hundred  and  seventy-six  rods  to  the  bounds  first 
mentioned.     [Feb.  11,  1812.] 

An  Act  to  incorporate   Lamed  Corbin  and  otliers,  by  the  name  of  The  Merino    Chap,  101. 
Wool  Factory  Company. 

Sect.  1.     BE  it  enacted  by   the  Senate   and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Larned  Corbin,  Jepthah  Bacon,  Aaron  Tufts,  Phi-  Persons  incoi> 
nehas  Bemis,  and  William  Larned,  together  with  such  others  P""^^'®  • 
as  may  hereafter  associate  with  them,  their  successors  and  as- 
signs, be,   and  they  are  hereby  made  a  corporation,  by  the 
name  of  The  Merino  Wool  Factory  Company,  for  the  purpose 
of  manufacturing  wool  and  cotton  in  the  town  of  Dudley,  in  the 
county  of  Worcester,  and  for  the  purpose  aforesaid,  shall  have 
all  the  powers  and  privileges,   and  shall  also  be  subject  to  all 
the  duties   and   requirements   prescribed  and  contained  in  an 
Act,  entitled,  "An  Act  defining  the  general  powers  of  manu-  (1808  ch.  65.) 
facturing  corporations,"  passed  the  third  day  of  March  eighteen 
hundred  and  nine. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation,  in  May  hold  es- 
their  corporate  capacity,  shall  and  may  lawfully  hold  and  pos-  *^*^« 
sess  real  estate  not  exceeding  fifty  thousand  dollars,  and  per- 
sonal estate  not  exceeding  one  hundred  thousand  dollars,  as 
may  be  necessary  and  convenient  for  carrying  on  the  manufac- 
tory of  wool  and  cotton  in  their  various  branches  in  said  town 
of  Dudley.     [Feb.  13,  1812.] 


380  1811. Chap.  106—109. 

Chai)    106       An  Act  to  amend  an  Act,  entitled  "  An  Act  to  establish  the   Fifteenth  Massachu- 

lo^i    u    L-,    '         setts  Turnpike  Corporation." 
I80z  ch.  61.  '^ 

(V.  3.  p.  64.)  Sect.  1.  BB  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  from  and  after  the  passing  of  this  Act,  so  much  of  the  said 
fifteenth  Massachusetts   turnpike  road,  as  lies  north   of  where 

Turnpike  road  the  said  turnpike  road  intersects  the  countj  road  leading  from 

discontinued.  Great  Barrington  to  Stockbridge  in  the  county  of  Berkshire, 
being  about  three  fourths  of  a  mile  in  length,  be,  and  hereby  is 
discontinued,  and  the  proprietors  of  the  said  fifteenth  Massa- 
chusetts turnpike  road  be,  and  they  hereby  are  exempted  and 
released  from  keeping  the  said  three  fourths  of  a  mile,  of  the 
said  turnpike  road  in  repair,  any  thing  in  the  aforesaid  Act  of 
incorporation  to  the  contrary  notwithstanding.  /Ind  it  is  also 
hereby  further  provided,  that  the  toll  gates  and  the  rates  of  toll, 
at  the  said  gates,  as  established  by  the  Act  aforesaid,  shall  be, 
and  continue  the  same,  as  are  allowed,  in  and  by  the  Act  afore- 
said. 

Sect.  2.  Jnd  be  it  further  enacted.  That   the   discontinuance 

ot^ifer  HDads^*^*^*  aforesaid,  shall  in  no  manner  affect  any  county  road  already 
laid  out  and  established  upon  that  part  of  said  turnpike  road 
discontinued  as  aforesaid  ;  but  any  county  road  heretofore  laid 
out,  shall  be,  and  remain  a  county  road  in  future,  in  the  same 
manner  it  would  have  done  if  the  Act  establishing  said  turnpike 
corporation  had  not  been  passed.     \Feb.  13,  1812.] 

Chap.  107.     An  Act  in  addition  to  an  Act,  passed  the  twenty-sixth  day  of  February,  1811,  en- 
1810  ch.  89.  titled  "An  Act  to  establish  the  Baptist  Society  of  Newbuiy  and  Newburyport." 

BE  it  enacted  by  the  Senate  and  House  of -Representatives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same.  That 
Proprietors  au-  tjjg  proprietors  of  the  meeting  house  of  the  Baptist  society  in 
Newbury  and  Newbury  port  be,  and  they  hereby  are  authoriz- 
ed and  empowered  to  sell  and  convey  by  private  contract  or 
public  auction  as  they  may  think  expedient,  the  walls  of  said 
meeting  house,  and  the  land  under  and  adjoining  the  same,  be- 
longing to  the  said  proprietors,  and  to  apply  the  proceeds  there- 
of in  such  manner  as  the  said  proprietors  may  think  proper ; 
and  a  deed  of  the  premises  aforesaid,  executed  by  such  per- 
son or  persons,  as  by  the  vote  of  a  legal  proprietors'  meeting 
may  be  appointed  for  such  purpose,  and  duly  acknowledged 
and  recorded,  shall  be  good  and  sufficient  in  law,  to  convey  the 
said  land  and  walls,  and  to  pass  the  title  thereof  in  fee  simple 
to  the  purchaser,     [/"cfe,  13,  1812.] 

Chap,  109.     An  Act  to  incoi-porate  a  number  of  persons  by  the  name  of  the  First  Baptist  Socie- 
ty in  Salisbury. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa-^ 
lives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
^orat"d  "'^°'^'  "^^^^  Daniel  Barnard,  Joseph  Boardman,  Thomas  Boardman, 
Thomas  Boardman,  jun.  Stephen  Brown,  Aaron  Clough,  Jacob 
Currier,  Benjamin  Currier,  Richard  Currier,  Jacob  Flanders, 
.  jun.  Joseph  Flanders,  Moses  Flanders,  3d.  Nathan  Flanders, 
Bennet  Flanders,  Samuel  Follcnsbe,  Ezekiel  Fowler,  Daniel 
Fowler,  Thomas  Frost,  Moses  Gill,  William  Goodridge,  Henry 
Goodwin,  jun.  Philip  Gould,  Allen  Greeley,  Moses  Greeley, 


1811. Chap.  109.  381 

Stephen  Greeley,  William  Huntington,  jun.  Ellpbalet  Lowell, 
Jonathan  Martin,  Henry  Maxfield,  Abraham  Morrill,  jun.  David 
Morrill,  David  Morrill,  jun.  Samuel  Morrill,  John  Morrill.  Jona- 
than Morrill.  Bradbury  Morrill,  William  Morrill,  Benjamin  Mor- 
rill, James  Quimby,  Nathaniel  Ring,  Jereminh  Sav/yer,  Jabez 
True,  Samuel  A.  Tucker,  James  Tucker,  and  Philip  Wad!cij;h, 
with  their  families  and  estates,  together  with  such  as  may  hereafter 
associate  with  them,  and  their  successors,  be,  and  they  hereby 
are  incorporated  and  established  as  a  distinct  religious  socieiy, 
by  the  name  of  the  First  Baptist  Society  in  Salisbury,  with  all 
the  powers  and  privileges,  usually  exercised  and  enjoyed  by 
other  religious  societies,  according  to  the  constitution  and  laws 
of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  any  person  belonging  to  Method  ofbe- 
anv  other  relidous   society  in  the  said  town  of  Salisbury  and  ^  ming  a 

.    •'      ,  ,    -5  ,      .     *'        ...  ...  r  11  u*  -.u    member. 

Amesburv,  who  m:iy  desire  to  jom  m  religious  lellowsnip  uiiti 
the  said  Baptist  society,  and  doth  declare  such  desire  and  in- 
tention in  writing  to  the  minister,  elder,  committee,  or  clerk 
thereof,  fifteen  days  at  least  prior  to  the  annual  meeting,  and 
receive  a  certificate  of  membership  signed  by  the  said  minister, 
elder,  committee,  or  clerk,  that  he  or  she  has  actually  become 
a  member  of,  and  doth  statedly  and  constantly  unite  in  religious 
worship  with  the  said  Baptist  society  in  Salisbury,  such  person, 
from  the  date  of  such  certificate,  shall  be  considered  with  his  or 
her  polls  and  estate  as  a  member  of  the  said  Baptist  society, 
provided  always  that  every  person  so  joining  the  said  Baptist 
society,  shall  give  like  notice  of  his  intention  to  the  committee 
or  clerk  of  the  society  from  which  such  person  may  secede. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of  the  Manner  of 
said  Baptist  society  may  see  cause  to  leave  the   same,   and   to  leaving, 
unite  in  religious  worship   with  any  other  religious  society   in 
the  said   towns  of  Amesbury  or  Salisbury,  and  doth   declare 
such  desire  and  intention  in  writing  to  the  minister,  elder,  com- 
mittee, or  clerk  of  such  other  society,  fifteen  days  at  least  prior 
to  the  annual  meeting  thereof;  and  if  such  person  doth  receive 
a  certificate  of  membership,  signed  by  the  minister,  elder,  com- 
mittee, or  clerk,  such  person  from  the  date  of  such   ceriificite,    . 
with  his  or  her  polls  and  estate,  shall  be  considered  a  member 
of  the  said  society.     Provided  however,  that  in  every  case  of  se-  Proviso, 
cession  from  one  society  and  joining  another,  in   the   manner 
provided  by  this  Act,  such  person  shall  be  holden   to  pay   his 
or  her  tax  or  proportion  of  all  assessments  or  other  pecuniary 
parish  charges  assessed  and  not  paid  before  such  secession. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  (he  Pence  justice  to  issue 
for  the  county  of  Essex  is  hereby  authorized,  upon  application  wanant. 
therefor,  to  issue  a  warrant  directed  to  a  member  of  the  said 
Baptist  society,  requiring  him  to  notify  and  warn  a  meeting 
thereof,  at  such  convenient  time  and  place,  as  may  be  appoint- 
ed in  the  said  warrant,  to  orsranize  the  said  society  by  the  ap- 
pointment of  its  officers.     [Feb.  17,  1S12.] 


382 


1811. 


Chap.  111—115. 


Chap.  111. 

1804  ch.  93. 
(V.  3.  p.  528.) 


An  Act  for  continuing  in  force  an  Act,  entitled  "  An  Act  making  a  temporary  al- 
teration in  tlie  toll  recrivable  on  certain  articles  by  the  proprietors  of  the  upper 
Locks  and  Canals  on  Connecticut  river,  in  the  county  of  Hampshiie.'' 


Proprietors  au- 
thorized to  re- 
ceive toll. 


Persons   incor 
porated. 


BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  the 
proprietors  of  the  upper  locks  and  canals  on  Connecticut  river, 
in  the  county  of  Hampshire,  be,  and  they  hereby  are  authoriz- 
ed to  demand  and  receive  hereafter  the  same  toll  on  certain 
articles  passing  through  their  works  which  they  were  authoriz- 
(1804  ch.  98.)  ed  to  demand  and  receive  by  virtue  of  an  Act,  entitled  "  An 
Act  making  a  temporary  alteration  in  the  toll  receivable  on 
certain  articles  by  the  proprietors  of  the  upper  Locks  and  Ca- 
nals on  Connecticut  river  in  the  county  of  Hampshire."  Pro- 
Proviso,  vided  however,  that  the  toll  hereby  authorized  to  be  received  be 
subject  to  be  regulated  by  the  General  Court,  according  to  the 
provision  contained  in  the  original  Act  of  incorporation,  passed 
on  the  twenty-third  day  of  February,  in  the  year  of  our  I  -ord 
one  thousand  seven  hundred  and  ninety-two.  [Feb.  17,  1812.] 
Further  act — 1818  ch.  84. 

Chap.  112.  An  Act  to  incorporate  the  proprietors  of  the  Birmingham  Factory. 

Sect.  1.  BE  it  enacted  by  the  Seiiate  and  House  of  Representa- 
tives, in  General  Court  asstird)led,  and  by  the  authority  of  the  same, 
That  Benjamin  Andrews,  Amos  Lawrence,  and  such  other  per- 
sons as  may  hereafter  associate  with  them,  their  successors 
and  assigns,  be,  and  hereby  are  made  a  corporation  by  the 
name  and  style  of  the  Birmingham  Factory,  for  the  purposes 
of  manufacturing  cutlery,  buttons,  brass  and  plated  furnitures, 
and  various  hard-wares  within  the  town  of  Boston,  or  any  where 
within  seven  miles  of  said  town,  and  for  this  purpose  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  the  duties  and 
regulations  contained  in  an  Act  passed  by  the  General  Court 
March  the  third  one  thousand  eight  hundred  and  nine,  entitled 
(1808  ch.  65.)  "  An  Act  defining  the  general  powers  and  duties  of  manufac- 
turing corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  may 
take  and  hold  real  estate  not  exceeding  the  value  of  eighty 
thousand  dollars,  and  personal  estate  not  exceeding  the  value 
of  three  hundred  thousand  dollars,  for  the  purpose  of  establish- 
ing and  carrying  on  the  manufacturing  of  such  wares  as  afore- 
said.    [Feb.  17,  1812.] 

An  Act  to  extend  the  charter  of  the  Worcester  and  Fitzwilliam  Turnpike  Corpo- 
ration. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  auihorhy  of  the  same.  That 
the  Worcester  and  Fitzwilliam  Turnpike  Corporation  shall  be 
allowed  three  years  from  the  fifteenth  day  of  June,  one  thou- 
sand eight  hundred  and  twelve,  for  making  and  completing  their 
said  road,  viz.  from  the  north  line  of  this  Commonwealth,  in 
the  town  of  Royalston,  near  Graves'  Mills,  so  called,  to  the 
dwelling  house  of  Eden  Baldwin  in  Templeton,  near  Baldwin's 
mills.    [Fefe.  17,  1812.] 


Possession 
of  property  al 
lowed. 


Chap.  115. 

1805  ch.  16. 
(V.  3.  p.   613.) 
1810  ch.  20. 


1811. Chap.  110—119.  383 

An  Act  for  continuing  in  force  an  Act,  entitled  "  An  Act  making  a  temporary  al-  (^hnn^  lift 

teration  in  the  toll  to  be  received  by  the  proprietors  of  the  Locks  and  Canals  on  ,„.."!    __ 

fy  .•     .    •        ji  J         f    f  1804  ch.  79. 

Connecticut  river.  ^  ^  ^^^  3^   p_  ^^^^ 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by   the  authority  of  the  same,  That 
the  proprietors  of  the  locks  and  canals  on  Connecticut  river  be,  Proprietors  au- 
and  they  hereby  arc  authorized  hereafter  to  demand   and  re-  thorized  to  re- 
ceive the  same  toll  that  they  were  authorized  to  demand   and 
receive  by  virtue  of  the  Act  aforesaid,  passed  on  the  eighth  day 
of  March  in  the  yeai^  of  our  Lord  one  thousand  eight  hundred 
and  five,  and  entitled  "  An  Act  making  temporary  alteration  in 
the  toll  to  be  received  by  the  proprietors  of  the  Locks  and  Ca- 
nals  on   Connecticut  river."     Provided  however,  that  the  said  Proviso, 
toll  be  subject  to  be  regulated  by  the  General   Court  accord- 
ing to   the  provision   for  that  purpose  made,  and  contained  in 
the  original  Act  of  their  incorporation.     [Feb.  17,  1812.] 

An  Act  to  alter  the  name  and  title  of  an  Act  passed  February  24,   1810,  incorpo-  Chap.  1 1  T« 
rating  Timothy  Burbank  and  others  by  the  name  of  the  Agawam  Cotton,  Wool-  1809  ch.  59. 
len,  and  Linen  Manufactory. 

Sect.  1 .  RE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same,  „ 
That  from  and  after  the  passing  of  this  Act,  the  corporation  afore- 
said shall  be  allowed  to  take  the  name  of  the  Agawam  Manu- 
facturing Company,  and  by  that  name  shall  hereafter  be  known 
instead  of  the  aforesaid  name. 

Sect.  2.  Be  it  further  enacted.  That  all   acts,  engagements,  Former  law 
promises,  and  things  heretofore  done  or  entered   into   by  said  binding, 
corporation,  shall  be  as  binding  on  the  same  as  though  this  Act 
had  never  been  passed,  any  thing  in   the   original  Act  to  the 
contrary  notwithstanding.     [Feb.  18,  1812.] 

An  Act  to  incorporate  the  Trustees  of  the  Ministerial  Fund  in  the  town  of  Water-  Chap.  119. 
town. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Jonas  While,  Levi  Thaxter,  Nathaniel  R.  Whitney,  John  Persons  incor- 
Fowle,  and  Peter  Clark,  be,  and  they  hereby  are  constituted  po^ated. 
and  made  a  body  politic  and  corporate,  by  the  name  of  the 
Trustees  of  the  Watertown  Ministerial  Fund  :  and  they  and 
their  successors  in  office,  shall  by  that  name  continue  to  be  a 
body  politic  and  corporate  forever.  And  the  said  corporation 
shall  have  power  to  have  and  use  a  common  seal,  subject  to 
alteration  when  they  see  cause  ;  and  shall  also  be  capable  in 
law  as  a  corporation,  to  sue  and  be  sued,  in  any  action,  real, 
personal,  or  mixed,  and  prosecute  and  defend  the  same,  to  final 
judgment  and  execution,  and  may  also  pursue  and  oppose,  set- 
tle and  adjust,  as  well  out  of,  as  in  any  court  of  justice,  all 
claims  and  demands  in  favour  of,  or  against  them  in  their  said 
capacity,  in  such  way  and  manner  as  they  may  think  expedient. 

Sect.  2.  Be  it  further  enacted,  That  the  said  trustees,  as  soon  Trusteas  em- 
hereafter  as  may  be,  and  forever   hereafter,  in   the  month  of  powered. 
March  or  April  annually,  shall  elect  one  of  their  number  as 
president,  and  whenever  the  said  office  shall  become  vacant, 


384 


1811. 


Chap.  119. 


by  death,  resignation,  or  otherwise  ;  and  shall  also  in  the  said 
month  of  March  or  April  annually,  elect  a  clerk,  and  whenever 
the  office  of  clerk  shall  be  vacant,  whose  duty  it  shall  be  to  re- 
cord the  doings  and  proceedings  of  the  said  trustees  at  their 
regular  meetings,  in  a  book  or  books  to  be  kept  for  that  pur- 
pose :  and  the  said  trustees  shall  annually  in  said  months  of 
March  or  April,  and  at  all  other  times,  when  one  shall  be  want- 
ing, choose  a  treasurer  to  receive  all  monies  and  other  proper- 
lyt  and  to  keep  and  apply  the  same,  as  is  hereinafter  directed. 
And  every  clerk  and  treasurer,  before  entering  upon  his  said 
office,  shall  be  sworn,  to  the  faithful  discharge  of  the  duties 
thereof,  and  a  record  thereof  shall  be  entered  in  the  books  of 
the  corporation. 

Sect.  3.  Be  it  further  enacted,  That  the   number  of  the   said 
trustees  shall  not  exceed  seven,  nor  be  less  than  five,  a  majo- 
rity of  whom  shall  constitute  a  quorum  for  doing  business  :  and 
they  may  from  time  to  time  remove  any  of  their  number,  who 
shall  become  unfit  or  incapable,  through  age,  infirmity,  miscon- 
duct, or  any  other  cause,  of  discharging  his  duty  ;  and   they 
shall  within  ten  days  after  such  removal,  or  after  any  vacancy 
shall  happen,  by  death,  resignation,  or  otherwise,  give  mforma- 
lion  thereof  to  the  selectmen  of  said  town,  and  the   town   at   a 
Trustees  to       legal  meeting  may  fill  up  such   vacancy  or  vacancies  within 
supply  vacan-  three  months  after  such  information  received  :  but  if  such   va- 
*^'®^'  cancy  or  vacancies  shall  not  be  filled  by  said  town  within  three 

months,  then  the  remaining  trustees  may  proceed  to  supply 
such  vacancy  from,  the  inhabitants  of  the  said  town.  And  the 
said  trustees  shall  annually  in  the  months  of  March  or  April, 
hold  a  meeting  to  transact  their  business,  and  as  umch  oftener 
as  they  may  think  proper. 

Sect.  4.  Be  it  further  enacted,  That  it  shall  be,  and  it  is  here- 
Authorized  to  by  made  the  duty  of  the  said  trustees  and  their  successors  to 
improve  lands,  use,  manage  and  improve  all  the  ministerial  lands  of  said  town, 
except  thai  now  occupied  by  the  Rev.  Richard  Rosewell  El- 
liot, in  such  way  and  manner  as  in  their  discretion  and  judg- 
ment will  best  obtain  and  secure  the  end  of  their  incorporation : 
and  also  to  manage  and  improve  all  suchestate,  real,  personal, 
or  mixed,  as  may  hereafter  come  to  them  in  their  said  corpo- 
rate capacity,  by  gift,  grant,  devise,  or  otherwise,  by  operation 
of  law,  and  which  they  are  hereby  made  capable  of  receiving 
and  holding  in  their  said  corporate  capacity  ;  and  they  are  al- 
so hereby  authorized  and  empowered  to  lease,  sell,  or  convey, 
in  fee  simple,  or  otherwise,  all  or  any  part  of  said  ministerial 
land,  or  any  other  property  which  may  hereafter  come  to  them, 
in  their  saicl  capacity,  and  for  that  purpose  to  make,  execute, 
and  acknowledge  any  good  and  sufficient  deed  or  deeds  there- 
of, w^hich  deed  or  deeds  when  signed  by  the  president,  and 
countersigned  by  the  treasurer,  and  sealed  with  their  common 
seal,  shall  bind  the  said  corporation  and  be  valid  in  law,  to 
convey  such  land  or  other  property  to  the  purchaser,  accor- 
ding to  the  conditions  and  meaning  of  such  instrument. 

Sect.  5.  Be  it  further  enacted.  That   the   said   trustees   and 
their  successors  in  office  be,  and  they  hereby  are  authorized 


1811. Chap.  119.  385 

and  empowered,  at  the  expense  of  said  town  of  Watertown,  Trustees  em- 
to  establish  and  make  any  road,  street,  lane,  and  passageways  P"^^*^®  • 
upon  and  over  any  part  of  such  land,  as  they  now  hold,  or  may 
hereafter  hold,  in  their  said  corporate  capacity,  and  the  same 
to  alter  or  discontinue,  as  they  may  think  proper  :  Provided^ 
they  do  not  thereby  infringe  or  impair  the  rigfits  of  any  indi- 
vidual, who  may  hereafter  become  interested  in  the  same  lands, 
or  of  any  other  person  whatever. 

Sect.  6.  Be  it  further  enacted,  That  all  money  coming  to  the  Monies  receir- 
said  trustees,  in  their  corporate  capacity,  shall  be  loaned  on  ed  and  appro- 
interest,  and  secured  by  the  bond  or  note  of  the  borrower  with  P"^*®*^* 
sufficient  sureties,  or  by  his  bond  or  note,  with  mortgage  on 
real  estate,  to  double  the  amount  of  the  sum  loaned,  or  they 
inay  invest  all,  or  any  part  of  said  money,  in  public  funded  se- 
curities, or  bank  stock,  as  they  may  judge  best ;  and  whenever 
the  annual  interest  or  income  of  said  ministerial  fund,  whether 
real  or  personal  estate,  shall  amount  to  the  sum  of  two  hundred 
dollars,  and  upwards,  the  same  shall  be  applied  toward  the 
support  of  the  minister  of  said  town,  in  such  manner  as  said 
town  may  direct ;  and  whenever  the  said  interest  or  income 
shall  amount  to  a  sum  more  than  sufficient  to  pay  the  salary  of 
the  said  minister,  the  surplus  thereof  shall  be  added  to  the  prin- 
cipal of  the  said  fund,  unless  otherwise  appropriated  by  said 
town  ;  and  the  said  town  shall  never  have  power  to  alienate, 
alter,  or  diminish  the  principal  of  said  fund,  or  to  change  the 
appropriation  thereof  from  the  support  of  the  minister  of  the 
said  town. 

Sect.  7.  Be  it  further  enacted,  That  the  said  treasurer,  be-  Treasurer  to 
fore  entering  upon  his  said  office,  shall  give  to  the  said  trustees  give  bond. 
and  their  successors,  his  bond,  with  good  and  sufficient  sureties, 
in  such  sum  as  the  said  trustees  shall  require,  for  the  faithful 
discharge  of  the  duties  of  his  said  office,  and  the  said  treasurer 
shall  be  the  receiver  of  all  monies  and  effects  due,  owing,  or 
coming  to  said  trustees,  and  he  shall  have  the  care  and  custo- 
dy of  all  the  money,  effects,  and  all  oljligations,  securities,  and 
evidences  of  property  belonging  to  the  said  trustees,  to  be  ac- 
countable therefor,  and  shall  render  a  fair  and  regular  account 
of  all  his  doings,  and  of  the  property  and  effects  in  his  hands, 
whenever  the  said  trustees  shall  require  it,  and  shall  dispose 
of  the  same,  as  they  shall  order  and  direct,  and  shall  deliver 
over  to  his  successor  in  the  same  office,  as  soon  as  may  be,  all 
-the  books  and  papers,  property,  and  evidences,  of  property,  in 
his  hands,  in  good  order  and  condition. 

Sect.  8.     Be  it  further  enacted,  That  the  said  trustees  and  Trustees 
their  successors  shall  be  liable  to  the  said  town  of  Watertown,  responsible,, 
in  their  own  private  property  and  persons,  for  any  negligence 
or  misconduct  in  their  said    capacity  as  trustees.     Provided  Proviso. 
however,  That  no  one  of  them   shall  be  so  liable,  who  shall 
make  it  appear,  that  such  negligence  or  misconduct  did  not  in 
any  way  arise  or  happen  through  his  own  personal  agency  or 
omission,  and  the  remedy  of  said  town,  shall  be  by  an  action 
of  trespass  on  the  case:  and  the 'said  trustees  and  their  suc- 
cessors shall  in  each  and  every  year,  in  the  months  of  March    * 

VOL.    IV.  49  J 


386 


1811. 


Chap.  11§— 122. 


or  April,  at  the  annual  meeting  of  said  town,  exhibit  a  fair 
statement  of  their  proceedings  and  of  the  state  of  the  funds 
under  their  management :  and  the  said  trustees,  or  others,  for 
any  services  performed  on  the  behalf  of  the  said  funds,  shall 
not  receive  any  compensation  therefrom,  but  such  allowance 
may  be  made  to  them,  from  time  to  time,  as  the  said  town  may 
see  cause,  and  order  accordingly. 

Sect.  9.  Be  it  further  enacted,  That  any  Justice  of  the 
Justice  to  issue  Peace  for  the  county  of  Middlesex  is  hereby  authorized,  upon 
application  therefor,  to  issue  his  warrant,  directed  to  one  oi 
the  trustees  before  named,  requiring  him  to  notify  and  warn 
the  first  meeting  of  the  said  trustees,  at  such  convenient  time 
and  place  as  shall  be  expressed  in  said  warrant,  to  organize 
the  said  corporation,  by  the  appointment  of  its  officers.  [Feb. 
18,  1812.] 


warrant. 


Chap.  121. 


Boundaries 
fixed. 


Proviso. 


Chap.  122. 
1811  ch.  38. 


Possession  of 

property 

allowed. 


An  Act  to  annex  John  Nuting,  and  others,  to  the  town  of  Amheist. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  land  belonging  to  the  town  of  Hadley,  with  the  inha- 
bitants thereon  contained,  within  the  boundaries  hereafter 
mentioned  and  described,  to  wit,  beginning  at  the  soulh-west 
corner  of  Amherst,  thence  running  the  course  of  the  west  line 
of  said  Amherst,  southerly  until  it  intersects  the  north  line  of 
South  Hadley;  thence  easterly  by  the  north  line  of  said  South 
Hadley  and  Granby  to  the  line  of  Belchertown ;  thence 
northerly  by  said  Belchertown  line  to  the  south-east  corner  of 
said  Amherst ;  thence  by  the  southerly  line  of  said  Amherst 
to  the  first  mentioned  corner  or  bound,  be,  and  hereby  are  set 
off  from  the  said  town  of  Hadley,  and  aimexed  to  the  said  town 
of  Amherst,  and  shall  forever  hereafter  be  considered  as  be- 
longing thereto.  Provided  nevertheless,  That  the  said  John 
Nuting,  and  others,  shall  pay  their  proportionable  part  of  all 
taxes,  which  are  already  assessed  or  levied  on  the  said  town  of 
Hadley,  in  like  manner  as  though  this  act  had  not  passed. 

Sect.  2.  And  be  it  further  enacted.  That  in  all  State  taxes, 
which  shall  hereafter  be  granted  until  a  new  valuation  shall  be 
settled,  one  fortieth  pirt  of  the  taxes  which  would  have  been 
set  to  the  said  town  of  Hadley,  according  to  the  valuation 
adopted  at  the  present  session  of  the  General  Court,  shall  be 
taken  therefrom,  and  set  to  the  said  town  of  Amherst.  [Feb. 
18,  1812.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An  act  to  incorporate  certain  persons 
for  the  purpose  of  building  a  b  idge  over  Connecticut  river,  between  Sunderland 
and  Deerfield,  in  the  county  of  Hampshire." 

BE  it  enacted  by  the  Seiiate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  Proprietors  of  the  Sunderland  bridge  be,  and  they  hereby 
are  authorized  and  empowered  to  purchase  and  hold  in  their 
corporate  capacity,  such  real  estate,  not  exceeding  in  value 
two  thousand  dollars,  as  may  be  necessary  to  enable  them  to 
carry  into  effect  the  act  to  which  this  is  in  addition.  [Feb. 
18,  1812.] 


1811. Chap.  123—126.  387 

An  Act  to  authorize  and  empower  Benjamin  Goodhue  and  others,  or  any  or  either    (^gn^  123. 
of  them  his  associates,  to  build  a  bridge  over  the  North  river,  in  the  town  of  *         " 

Danvers,  or  to  widen  and  repair  a  Dam  at  Trask's  mills,  [so  called)  in  the  town 
of  Danvers,  and  for  other  purposes. 

BE  it  enacted  by  the  Senate  and  Hfjuse  of  Representatives^  in 

General  Court  assembled,  and  by  the  authority  of  the  same,  That 

from  and  after  the  passing  of  this  act,  Beniamin  Goodhue,  and  Persons  jncoi- 

1  I  •  •  •  1  r  '  1  1  11  poiated. 

Others  his  associates,  or  any,  or  either  ot  then:i,   be,  and  they 

hereby  are  authorized  and  empowered  to  build  a  bridge  over 
the  North  river,  in  the  town  of  Danvers,  at,  or  near  a  place 
called  Trask's  mills,  in  the  town  of  Danvers,  or  to  widen  and 
repair  the  mill-dam  at  Trask's  mills,  so  called,  in  Danvers. 
Provided,  That  the  said  Goodhue  and  others  his  associates,  or 
any  or  either  of  them,  who  shall  build  the  said  bridge,  or  widen 
and  repair  said  dam,  shall  do  the  same  at  their  sole  expense, 
and  keep  the  same  in  repair,  and  open,  and  free  from  all  ob- 
structions to  the  public.  Provided  also,  That  they  first  obtain  Proviso, 
the  consent  of  the  owner  or  owners  of  said  mills  and  dam,  and 
do  not  infringe  the  rights  of  the  ow-ner  or  owners  of  said  mill- 
dam,  and  that  neither  of  the  towns  of  Salem  or  Danvers  shall 
ever  be  held  to  pay,  or  to  be  at  any  charge  or  expense  in  the 
building  of  the  said  brid.e,  or  widening  and  repairing  said 
dam,  or  keeping  either  of  them  in  rep.iir.     [Feb.  18,   1812.] 

An  Act  to  establish  The  First  Universal  Societ}'  in  Salisbury.  fhnn    1  9fi 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Jonathan  Morrill,  Jonathan  Morrill,  jun.  Jacob  Persons  incor. 
Morrill,  Henry  Morrill,  jun.  Ephraim  Brown,  Aaron  Osgood,  P°r^*«d* 
Peter  Osgood,  John  Osgood,  jun.  Richard  Osgood,  Philip  Col- 
by, Eliphalet  Wadleigh,  Ephraim  B.  Wadleigh,  Enoch  VVad- 
leigh,  Enoch  Currier,  Ezekiel  Currier,  David  Currier,  jun. 
Ebenezer  Jackson,  Joseph  Jew^ell,  Benjamin  Joy,  Moses  Car- 
ter, John  P.  Sweatt,  German  Senter,  John  Sanborn,  Thomas 
Sanborn,  Jonathan  King,  Isaac  Knap,  jun.  John  Blasdell,  Lowell 
Bagley,  Stephen  H.  Bagley,  Jacob  Gale,  Jonathan  French, 
Edmund  Barnard,  Timothy  Collins,  Winthrop  Collins,  Daniel 
Curtis,  William  Davis,  William  Dennett,  Isaac  Chandler,  Sar- 
gent Moody,  John  Hoyt,  Thomas  Hoyt,  jun.  Edmund  Sargent, 
William  Nichols,  Moses  Nichols,  jun.  Joseph  Tuxbury,  Sam- 
uel Hoyt,  Bagley  Carter,  Nathaniel  Wyer,  Ebenezer  Whit^ 
more,  John  Bayley,  jun.  Benjamin  F.  Russell,  Enoch  Smith, 
Joseph  Hoyt,  jun.  and  John  Butler,  with  their  families  and  es- 
tates, be,  and  they  hereby  are  incorporated  as  a  distinct  reli- 
gious society,  by  the  name  of  The  First  Universal  Society  in 
Salisbury,  for  religious  purposes  only,  and  as  such  shall  have 
all  the  powers  and  privileges  of  other  religious  societies,  ac- 
cording to  the  constitution  and  laws  of  this  Commonwealth. 

Sect.  2.     Be  it  further  enacted,  That  any  person  who  may 
desire  to  join  in  religious  worship,  and  to  become  a  member  of 
the  said  Universal  Society,  shall   have  liberty  so  to  do,  by  Method  of  be- 
giving  notice  of  such  desire   and   intention  in    writing  to   the  ^J^^'fj]^ 
clerk  of  the  society  where  such  person  has  formerly  attended 


388 


1811. 


Chap.  126—130. 


Manner  of 
leaving. 


Prpviso. 


Justice  to  issue 
warrant. 


Chap,  128. 

1809  ch.  33. 


Corporation 
authorized. 


Committee 
authorized. 


Chap.  130. 


Town  incor- 
porated. 


Bmmdaries 
described. 


on  public  worship,  and  also  a  copy  of  the  said  notice  in  writing 
to  the  clerk  of  the  said  Universal  Society,  fifteen  days  previous 
to  the  annual  meeting,  and  such  person,  from  the  date  afore- 
said, with  his  or  her  polls  and  estate,  shall  be  considered  a 
member  of  the  satd  Universal  society. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of 
the  said  Universal  society  shall  see  cause  to  leave  the  same, 
and  to  unite  with  any  other  religious  society,  the  like  notice 
and  process  shall  be  made  and  given,  mutatis  mutandis,  as  is 
prescribed  in  the  second  section  of  this  act.  Provided  alzvay^j 
That  in  every  case  of  secession  from  one  society,  and  joining 
to  another,  the  person  so  seceding  shall  be  holden,  in  law,  to 
pay  his  or  her  proportion  of  all  parochial  expenses  assessed 
and  not  paid  pnOf'to  leaving  the  said  society. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the 
Peace  for  the  county  of  Essex  is  hereby  authorized  to  issue  a 
warrant  directed  to  a  member  of  the  said  Universal  Society, 
requiring  him  to  notify  and  warn  the  first  meeting  of  the  said 
society,  to  meet  at  such  convenient  time  and  place  as  shall  be 
expressed  in  the  said  warrant,  for  the  choice  of  such  officers  as 
religious  societies  are  accustomed  to  choose  and  appoint  at 
their  annul  meetings.  [Feb.  22,  1812.] 

An  Act  in  addition  to  an  Act,  entitled  "An  Act  to  establish  a  Coi-poration  bj' 
the  name  of  The  Granville  Turnpike  Corporation,"  passed  the  twentieth  of 
June,  one  thousand  eight  hundred  and  nine. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  said  Granville  Turnpike  Corporation,  may,  and 
they  hereby  are  authorized  to  make  said  road  eighteen  feet  in 
width,  instead  of  twenty-four  feet,  as  by  the  said  act,  they  were 
required,  any  law,  usage,  or  custom  to  the  contrary  notwith- 
standing. 

Sect.  2.  Be  it  further  enacted,  That  the  Committee  that 
shall  be  appointed  to  accept  said  road,  shall  also  be  autho- 
rized to  appoint  the  place  for  erecting  the  gate.  \_Feb.  22, 
1812.] 

An  Act  to  establish  the   Town  of  Fairliaven, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, hi  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  easterly  part  of  New  Bedford,  in  the  county  of 
Bristol,  as  described  within  the  following  bounds,  with  the  in- 
habitants thereon,  be,  and  they  are  hereby  incorporated  into  a 
separate  town,  by  the  name  of  Fairhaven,  viz.  beginning  at  the 
mouth  of  Acuchnot  river;  thence  northerly  by  said  river,  until 
it  com^s  to  the  north  side  of  a  bridge  at  the  head  of  said  ri- 
ver; thence  westerly  by  the  north  side  of  the  highway  to 
Swift's  corner  (so  called) ;  thence  northerly  by  the  easterly 
side  of  the  highway  which  leads  to  Rounswell's  furnace  until  it 
comes  to  Freetown  line  ;  thence  easterly  by  the  line  of  said 
Freetown  till  it  comes  to  Peaked  Rock  (so  called)  in  the  north- 
east corner  of  the  town  of  New  Bedford  ;  thence  southerly 
by  Rochester  line  till  it  comes  to  Buzzard's  Bay ;  thence  by 


1811. Chap.  130—131.  389 

said  Bay  to  the  first  mentioned  bound.     And  the  said  town  of 

Fairhaven  is  hereby  vested  with  all  the  powers,  privileges, 
rights,  and  immunities,  and  subject  to  all  the  duties  and  requi- 
sitions to  which  other  towns  are  entitled  and  subjected  by  the 
constitution  and  laws  of  this  Commonwealth. 

Sect  2.     Be  it  further  enacted.  That  of  all  state  and  county  Hoidentopay 
taxes  which  shall  "be  levied  and   required   of  said   towns,  pre-  P^J^g"'""  °^ 
rious  to  a  new  valuation,  the  said  town  of  Fairhaven  shall  pay 
three  tenth  parts  thereof. 

Sect.  3.  Be  it  further  enacted.  That  all  the  expenses  aris- 
ing for  the  support  of  the  poor  ol"said  town  of  New  Bedford,  p^o^"^'^"" 
with  which  it  is  now  chargeable,  together  with  such  poor  as  have 
removed  out  of  said  town  prior  to  this  act  of  incorporation,  but 
who  may  hereafter  be  lawfully  returned  to  said  town  for  sup- 
port, shall  be  divided  between  the  two  towns  in  proportion  to 
the  taxes  which  they  are  liable  to  pay  respectively,  according 
to  this  act. 

Sect.  4.  Be  it  further  enacted.  That  John  Hawes,  Esq.  be,  Warrant  to  be 
and  he  is  hereby  authorized  to  issue  his  warrant,  directed  to  *^^"^  * 
some  suitable  inhabitant  of  Fairhaven,  requiring  him  lo  notify 
and  warn  the  inhabitants  thereof,  qualified  to  vote  for  town 
officers,  to  meet  at  such  convenient  time  and  place  as  shall  be 
expressed  in  his  said  warrant,  to  choose  all  such  officers  as 
towns  are  by  law  authorized  to  choose  in  the  months  of  March 
or  April  annually.  And  that  the  said  John  Hawes,  Esq.  be, 
and  he  hereby  is  authorized  and  empowered  to  preside  at  said 
meeting  during  the  election  of  a  moderator,  and  to  exercise  all 
the  powers,  and  do  all  the  duties  which  town  clerks  by  law 
have  and  do  perform  in  the  elections  of  moderators  of  town 
meetings.     [Feb.  22,  1812.] 

An  Act  to  establish  the  Town  of  South  Reading.  Chap*  131, 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  all  that  tract  or  parcel  of  land  with  the  inhabitants 
thereon,  which  is  within  the  bounds  of,  and  known  by  the  name 
of  the  first  or  south  parish  in  Reading,  in  the  county  of  Mid-  Town  jncorpo' 
dlesex,  as  the  same  has  heretofore  been  bounded  and  describ-  ''^^^'^' 
ed,  be,  and  the  same  is  hereby  incorporated  and  established 
as  a  town,  by  the  name  of  South  Reading,  and  the  said  town  is 
hereby  vested  with  all  the  powers  and  privileges,  and  also  sub- 
ject to  all  the  duties  and  requisitions  of  other  towns,  according 
to  the  constitution  and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  the  inhabitants  of  said  Hoidentopay 
town  of  South  Reading  shall  be  hoTtten  to  pay  all  State,  town  *'*^^^" 
and  county  taxes,  which  have  been  assessed  upon  them,  prior 
to  the  passing  of  this  act,  and  they  shall  also  be  holden  to  con- 
tribute and  pay  to  the  town  of  Reading,  their  just  proportion 
of  all  debts,  now  actually  due  and  owing  by  that  town,  and  the 
said  town  of  South  Reading  shall  also  be  holden  to  support  as 
nearly  as  may  be  its  due  proportion  of  all  paupers  who  are 
now  supported  by  said  town  of  Reading,  whether  the  same  be 
in  whole  or  part  so  supported,  and  after  the  organization  of 


390 


1811. 


Chaf.  131—138. 


Justice  to  issue 
warrant. 


Chap.  134. 


Ikand  set  off. 


Proviso. 


Chap,  138.. 


Town  incor- 
porated. 


South  Reading,  such  proportion  of  paupers  shall  he  delivered 
to  the  overseers  of  that  town  to  be  supported,  and  maintained 
by  them  accordingly.  And  in  case  any  person  not  resident  in 
Reading,  but  having  a  legal  settlement  therein,  shall  hereafter 
be  returned  to  that  town  for  support,  in  case  such  person  de- 
rives his  settlement  from  any  person  who  has  heretofore  re- 
sided in  that  territory,  now  established  as  South  Reading,  then 
and  in  such  case,  such  poor  person  shall  be  returned  to,  and 
be  liable  to  be  maintained  by  South  Reading,  provided  that 
such  town  shall  in  no  case  be  chargeable  with  the  snpyjort  of 
any  paupers  who  would  not  have  been  chargeable  to  said  town 
of  Reading. 

Sect.  3.  Be  it  further  enacted.  That  any  Justice  of  the 
Peace  for  the  county  of  Middlesex  is  hereby  authorized,  upon 
application  therefor,  to  issue  a  warrant  directed  to  a  freehold- 
er and  inhabitant  of  said  town  of  South  Reading,  requiring  him 
to  notify  and  warn  the  inhabitants  thereof,  to  meet  at  such 
convenient  time  and  place,  as  shall  be  appointed  in  the  wai^ 
rant,  to  choose  such  officers  as  towns  are  by  law  empowered 
and  required  to  choose  at  their  annual  town  meeting.  Provid- 
ed, that  the  said  town  of  South  Reading  shall  be  holden  until 
the  further  order  of  the  Legislature  to  pay  to  the  town  of 
Reading,  such  proportion,  if  any,  of  the  expenses  of  maintain- 
ing the  bridges  and  causeways  over  Ipswich  river,  within  said 
town,  as  a  committee  of  the  Court  of  Sessions  for  said  county 
shall  determine,  and  said  Court  of  Sessions  are  hereby  autho- 
rized, on  the  application  of  either  of  the  inhabitants  of  Read- 
ing, or  South  Reading,  from  time  to  time,  to  appoint  a  com- 
mittee for  the  above  purpose,  whose  report,  made  to  and  ac- 
cepted by  said  court,  shall  be  binding  on  the  said  towns.  [Feb. 
25,    1812.] 

An  Act   to  annex  John  Harris  to  the  Third  Parish  in  Roxbury. 

BE  it  enacted  hy  the  Senate  and.  House  of  Representatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
John  Harris  of  Brookline,  and  one  acre  of  land  with  the 
buildings  thereon,  for  parochial  purposes  only,  be,  and  hereby 
are  set  off  from  the  town  of  Brookline,  and  annexed  to  the 
third  parish  in  Roxbury,  there  to  do  the  duties,  and  enjoy 
the  privileges  of  a  parishioner.  Provided,  the  said  John  Har- 
ris shall  be  holden  to  pay  all  arrears  of  assessments,  and  all 
other  parish  charges,  due  and  unpaid  at  the  passing  of  this 
act.     [Feb.  25,  1812.]  __^ 

An  Act  to  establish  the  Town  of  Seekonk. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  westerly  part  of  Rehoboth  in  the  county  of 
Bristol,  as  described  within  the  following  bounds,  with  the  in- 
habitants thereon,  be,  and  they  are  hereby  incorporated  into 
a  separate  town,  by  the  name  of  Seekonk,  viz.  Beginning  at  a 
rock  in  the  line  between  the  towns  of  Attleborough,  and  Re- 
hoboth which  is  the  northeast  corner  boundary  of  the  west 
precint  in  said  Rehoboth ;  thence  south  four  degrees  west  ua- 


lail. Chap.  138—146.  391 

til  it  strikes  the  line  between  the  towns  of  Swanzey  and  said 
Rehoboth;  thence  westerly  bj  Swanzey  line  till  it  strikes  the 
line  between  said  Rehoboth  and  the  State  of  Rhode  Island  and  Boundariee 
Providence  Plantations ;  thence  following  the  line  between  the  described. 
State  of  Rhode  Island  and  Providence  Plantations  and  said 
Rehoboth,  till  it  comes  to  the  south-west  corner  of  the  town 
of  Attleborough;  thence  easterly  by  the  line  between  the 
towns  of  Attleborough  and  Rehoboth  to  the  first  mentioned 
bounds;  and  the  said  town  of  Seekonk  is  hereby  vested  with 
all  the  powers  and  privileges,  rights  and  immunities,  and  sub- 
ject to  all  the  duties  to  which  other  towns  are  entitled  and 
subjected  by  the  constitution  or  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  of  all  state  and  county 
taxes  which  shall  be  levied  and  required  of  said  towns,  pre- 
vious to  a  new  valuation,  the  said  town  of  Seekonk  shall  pay 
pay  one  half  thereof. 

Sect.  3.  Be  it  further  enacted,  That  all  the  expenses  aris- 
ing for  the  support  of  the  poor  of  said  town  of  Rehoboth, 
with  which  it  is  now  chargeable,  together  with  such  poor  as  have  poor, 
removed  out  of  said  town  prior  to  this  act  of  incorporation,  but 
who  may  hereafter  be  lawfully  returned  to  said  town  for  sup- 
port, shall  be  equally  divided  between  the  towns  of  Seekonk  and 
Rehoboth ;  and  when  the  said  town  of  Seekonk  shall  be  or- 
ganized, the  paupers,  whether  the  same  be  supported  in  whole 
or  in  part  only,  shall  be  divided  as  nearly  as  may  be,  and  one 
half  of  the  number  delivered  over  to  the  overseers  of  the 
poor  of  that  town,  to  be  by  them  in  future  supported. 

Sect.  4.  Be  it  further  enacted,  That  Elkanah  French,  Esq. 
be,  and  he  is  hereby  authorized  to  issue  his  warrant,  directed  Warrant  to  be 
to  some  suitable  inhabitant  of  Seekonk,  requiring  him  to  noti-  issued. 
fy  and  warn  the  inhabitants  thereof,  qualified  to  vote  for  town 
officers,  to  meet  at  such  convenient  time  and  place  as  shall  be 
expressed  in  said  warrant,  to  choose  all  such  officers  as  towns 
are  by  law  authorized  to  choose  in  the  months  of  March  or 
April  annually.  And  that  the  said  Elkanah  French,  Esq.  be, 
and  he  hereby  is  authorized  and  empowered  to  preside  at  said 
meeting  during  the  election  of  a  moderator,  aud  to  exercise  all 
the  powers,  and  to  do  all  the  duties  which  town  clerks  by  law 
have  and  do  perform  in  the  elections  of  moderators  of  town 
meetings.     [Feb.  26,  1812.] 

An  Act    in  addition  to  an  Act,  entitled  "An  Act  to  incorporate  a  religious  So-   QhttP*  146. 

ciety,  by  tlie  name  of  The  First  Parisli  in  the  Town  of  Charlestown.  ^ ^    ,    , 

■"    ■^  .  1802  ch.  107. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen-  (V.  3.  p.  156.) 
talives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  proprietors  of  appropriated  pews  in  the  meet-  Proprietors 
ing  house  of  the  First  Parish  in  the  Town  of  Charlestown  authorised, 
shall,  from  and  after  the  passing  of  this  act,  be  solely  authorized 
and  empowered  to  vote  in,  and  manage  the  concerns  of  the 
said  corporation ;  and  they,  with  their  estates,  and  not  the  (Altered  by 
persons  who  occasionally  hire  pews  or  seats  in  said  house,  ^^^^ch.  8.> 
shall  be  liable  to  all  assessments  or  taxes  for  the  charges  of 
the  said  parish ;  and  in  all  cases  two  votes,  and  no  more,  may 


392 


1811. 


Chap.  146—147. 


Proviso. 


Duty  of 
Glerk. 


Chap.  147. 


Boundaries 
described. 

Town  incor- 
porated. 


Possession 
of  property 
ajlowed. 


To  support 
pbor^ 


be  given  in  the  right  of  each  pew.  Provided  nevertheless,  Tliat 
no  proprietor  of  a  pew,  who  is  a  member  of  another  religious 
society,  shall  be  entitled  to  vote,  or  be  liable  to  any  other  tax 
than  the  weekly  assessment  on  his  pew. 

Sect.  2.  And  be  it  further  enacted,  That  all  deeds  and  con- 
veyances of,  and  executions  extended  on  the  pews  in  said 
meeting  house,  shall  be  recorded  by  the  clerk  of  the  said  pa- 
rish in  a  book  to  be  provided  for  that  purpose ;  and  being  so 
recorded  shall  be  considered  valid  in  law;  and  the  parish 
Clerk  shall  be  entitled  to  the  same  fees  as  are  or  may  be  al- 
lowed to  Registers  of  Deeds  for  similar  services. 

-  Sect.  3.  Jlnd  be  it  further  enacted,  That  in  the  first  section 
of  the  act,  entitled,  "An  act  to  incorporate  a  religious  society 
by  the  name  of  The  First  Parish  in  the  Town  of  Charlestown," 
the  words  "  and  such  other  inhabitants  of  the  said  town  as  do 
now  attend  the  public  worship  of  God,  and  the  instructions  of 
Dr.  Jedidiah  Morse,  their  minister  in  said  house,"  together 
with  the  second,  third,  fourth,  fifth,  and  seventh  sections  of  the 
said  act,  be,  and  they  are  hereby  repealed.  [Feb.  28,  1812,] 
Further  act — 1822  ch.  8. 

An  Act  to  establish  a  Town  by  the  name  of  North  Brookfield. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  all  that  part  of  the  town  of  Brookfield  which  has 
been  heretofore  called  and  known  by  the  name  of  the  Second 
or  North  Parish  (excepting  that  part  of  said  territory  now  ly 
ing  south  of  the  post  road,  leading  from  Worcester  through 
Spencer  to  Springfield,)  together  with  the  inhabitants  thereon, 
be,  and  the  same  is  hereby  incorporated  into  a  separate  town, 
by  the  name  of  North  Brookfield.  And  the  said  town  of 
North  Brookfield  is  hereby  vested  with  all  the  powers  and 
privileges,  and  shall  also  be  subject  to  all  the  duties  to  which 
other  corporate  towns  are  entitled  and  subjected  by  the  con- 
stitution and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  the  inhabitants  of 
the  said  town  of  North  Brookfield  shall  be  entitled  to  hold 
such  proportion  of  all  the  personal  property  now  belonging  to 
and  owned  in  common  by  the  inhabitants  of  the  town  of 
Brookfield,  as  the  property  of  the  said  inhabitants  of  North 
Brookfield  bears  to  the  property  of  all  the  inhabitants  of  the 
town  of  Brookfield,  according  to  the  last  valuation  thereof. 

Sect.  3.  Be  it  further  enacted.  That  the  inhabitants  of  the 
said  town  of  North  Brookfield  shall  be  holden  to  pay  all  ar- 
rears of  taxes  due  from  them,  together  with  their  proportion 
(to  be  ascertained  as  aforesaid)  of  all  the  debts  now  due  and 
owing  from  the  said  town  of  Brookfield,  or  which  may  be 
hereafter  found  due  and  owing  by  reason  of  any  contract 
or  other  matter  and  thing;  heretofore  entered  into,  or  now  ex- 
isting. 

Sect.  4.  Be  it  further  enacted,  That  the  said  town  of  North 
Brookfield  shall  be  holden  to  support  their  proportion  of  the 
present  poor  of  the  town  of  Brookfield,  which  proportion  shall 


1811. Chaf.  147—148.  303 

h<&  ascertained  by  the  present  valuation  of  the  town  ;  and  all 
persons  who  inciy  hereafter  become  chargeable,  as  paupers,  to 
the  town  of  Brookfield  and  North  Brooktield,  shall  be  consid- 
ered as  belonging  to  that  town,  on  the  territory  of  which  they 
had  their  settlement  at  the  time  of  passing  this  act,  and  shall 
in  future  be  chargeable  to  that  town  only. 

Sect.  5.  Bt  it  further  enacted,  That  the  said  town  of  North  Brookfield   shall 
be  holden  to  pay  their  proportion  of  all  state,  town,  and  county  taxes  assessed  on    fjolden  to 
the  inhabitants  of  the   said  town  of  Brookfield,   until    a  new   valuation  shall  be    pay  taxes, 
made  of  the  said  towns.     Provided^  That  the  said  town  of  North  Brookfield  shall 
be  holden,  until  the  further  order  of  the  Legislature,  to  pay  the  town  of  Brookfield 
such  proportion  of  any  of  the  expenses  of  maintaining  the  bridges  and  causeways    (Repealed  ^ 
over  the  rivers  in  the  town  of  Brookfield,  as  a  committee  of  the  Court  of  Sessions    'SI?  ch.  15o. 
for  the  county  of  Worcester   shall   deteimine  ;  and  said   Court  of  Sessions  are 
hereby  authorized,  on  application  of  either  of  the  inhabitants  of  Brookfield    or 
North  Brookfield,  from  time  to  time,  to  appoint  a  committee  for  the  above  purpose, 
whose  report,  made  to  and  accepted  by  said  court,   shall  be  binding  on  the  said 
towns. 

Sect.  6.  Be  it  further  enacted,  That  any  Justice  of  the 
Peace  for  the  county  of  Worcester,  upon  application  therefor,  sue  warrant' 
is  hereby  authorized  to  issue  his  warrant,  directed  to  any 
freeholder  in  the  said  town  of  North  Brookfield,  requiring  him 
to  notify  and  warn  the  inhabitants  thereof  to  meet  at  such  time 
and  place  as  shall  be  appointed  in  said  warrant,  for  the 
choice  of  such  officers  as  towns  are  by  law  required  to  choose 
at  their  annual  town  meetings.  [Fet.  28,  1812.]  See  1817 
ch.  155. 

An  Act  authorizing  a  Lottery  for  completing  the  repairs  of  Plymouth  Beach.        Chop*  148» 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  a  lottery  be  granted  to  the  town  of  Plymouth,  to 
raise  the  sum  of  sixteen  thousand  dollars,  for  the  purpose  of  Lotterv 
completing  the  repairs  of  Plymouth  Beach,  in  the  county  of  granted. 
Plymouth  ;  and  the  town  of  Plymouth  shall  appoint  the  man- 
agers thereof,  and  the  agents  for  expending  said  money,  with 
power  to  remove  the  managers  and  agents,  and  to  fill  vacan- 
cies in  the  board  of  managers  and  agents,  either  by  their  Se- 
lectmen, or  in  such  other  way  as  the  town  shall  direct ;  and 
the  managers  of  said  lottery,  from  time  to  time,  shall  make 
and  publish  such  schemes  as  shall,  in  their  opinion,  best  pro- 
mote the  purposes  of  said  lottery,  draw  the  same,  and  trans- 
act all  business  necessarily  connected  with  the  duties  of  their 
appointment. 

Sect.  2.  Be  it  further  enacted,  That  said  managers,  before  Managers  w 
tliey  enter  on  the  duties  of  their  office,  shall  give  bond  to  the  give  bond, 
treasurer  of  the  town  of  Plymouth,  with  sufficient  sureties,  in  the 
sum  of  fifteen  thousand  dollars,  conditioned  to  pay  into  the  hands 
of  the  agent  or  agents,  for  applying  the  money  to  the  object  of 
this  grant,  the  whole  proceeds  of  the  said  lottery,  without  de- 
duction for  services  or  expences,  excepting  one  thousand  dol- 
lars, which  bond  shall  remain  with  the  Treasurer  aforesaid,  for 
and  during  the  time  of  two  years  after  all  the  classes  in  said 
lottery  shall  be  drawn  and  completed,  that  all  persons  ag- 
grieved by  the  doings  of  said  managers  may  have  the  benefit 
thereof;  and  said  managers,  before  entering  on  their  duties, 

T'o?..  IV.  50 


394 


1811. 


Chap.  148. 


Agents  to 
give  bond. 


Paying  of 
prizes. 


Duties  of 

managers. 


shall   give  the  bond  and  be  under  oath  faithfully  to   perforra 
the  duties  of  their  office. 

Sect.  3.  Be  it  further  enacted.  That  the  agents  aforesaid 
shall  give  bond  to  the  Treasurer  of  the  town  of  Tlymouth^ 
faithfully  to  appropriate  the  money  paid  to  them  by  the  said 
managers,  without  deduction  for  their  expenses  or  services,  un- 
der the  direction  of  the  town  of  Plymouib,  or  such  persons  as 
they  shall  appoint;  and  the  town  of  Plymouth  shall  be  bound 
to  the  Treasurer  of  this  Commonwealth,  in  the  sum  of  fifteen 
thousand  dollars,  faithfully  to  appropriate  the  Avhole  sum  in 
this  grant  to  the  repairs  of  said  beach,  except  the  sum  of  one 
thousand  dollars  aforesaid  ;  and  the  managers  and  agents,  to 
be  appointed  as  aforesaid,  shall  render  an  account  of  their  pro- 
ceedings, which,  being  approved  by  the  Selectmen  of  Ply' 
mouth,  and  by  them  presented  to  the  Governor  and  Council  for 
their  approbation,  and  if  by  them  allowed,  the  bond  against 
the  town  shall  then  be  cancelled. 

Sect.  4.  Be  it  further  enacted.  That  all  the  prizes  in  said 
lottery  shall  be  paid  by  the  managers,  if  demanded,  within 
sixty  days  after  the  drawing  of  any  class  shall  be  completed  ; 
and  all  prizes  not  demanded  in  one  year  next  after  the  draw- 
ing of  any  class,  shall  be  considered  as  generously  given  for 
the  purposes  for  which  this  lottery  was  granted ;  and  the  man- 
agers aforesaid,  after  each  class  in  said  lottery  is  drawn,  shall 
pay,  within  sixty  days,  to  the  agents  aforesaid,  fifteen  six- 
teenth parts  of  the  proceeds  of  each  class ;  and  no  class  in 
said  lottery  shall  be  drawn  until  four  fifths  of  the  tickets  are 
sold ;  and  said  managers  shall  be  holden  to  account  to  the 
town  of  Plymouth  for  the  proceeds  of  all  tickets  sold,  and  all 
prizes  drawn  to  the  credit  of  the  lottery,  and  all  prizes  not 
claimed  within  one  year  as  aforesaid  ;  and  the  managers  shall 
be  jointly  holden  to  pay  the  prizes  drawn  against  any  number, 
though  the  ticket  drawing  such  prize  be  signed  by  one  of  them 
only  ;  and  said  managers  may  sell  fractional  parts  of  tickets, 
but  not  at  an  advanced  price. 

Sect.  5.  Be  it  further  enacted.  That  said  managers  shall, 
from  time  to  time,  publish  in  one  or  more  of  the  public  news- 
papers printed  in  this  Commonwealth,  the  scheme  of  each 
class  in  said  lottery,  the  time  and  place  of  drawling,  and  list 
of  prizes  ;  and  shall  keep  a  book  in  which  they  shall  charge 
themselves  with  the  amount  received  for  each  ticket  sold,  num- 
bering the  same,  and  also  with  the  amount  of  the  prizes  drawn 
against  any  number  not  sold,  and  likewise  such  numbers  sold 
as  are  not  claimed  in  one  year;  and  they  shall  credit  them- 
selves walh  the  amount  of  the  prizes  paid  to  the  purchasers  of 
tickets  ;  and  the  whole  business  of  the  lottery  shall  be  com- 
pleted in  five  years,  at  which  time  the  managers  of  said  lotte- 
ry shall  make  up  and  exhibit,  to  the  Selectmen  of  Plymouth,  a 
fair  account  of  their  whole  proceedins^s,  which,  if  approved 
and  accepted  by  said  Selectmen,  the  said  managers  shall  be 
entitled  to  the  return  of  their  bond,  at  the  time  specified  in 
this  act;  and  the  mana^cers  and  agents,  upon  the  request  of 
the  Selectmen  of  the  town  of  Plymouth,  shall  exhibit  an  ac- 


1811.  . Chap.  150.  ^95 

count  of  their  doings,  from  time  to  time,  when  required.  [Feb, 
28,1812.]  Add.  acts— 1812  ch.  18:  1814  ch.  104:  1816  ch. 
71. 


An  Act  to  incoiporate  a  number  of  persons  by  the   name  of  The  First  Universal-  Chap.  150. 


ist  Societv  in  Salem. 


Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Jon-Tthan  Beckford.  Nathaniel  Frothingham,  Frb- 
ert  Leach,  Jeduthan  Upton,  Henry  Rust,  William  Meriam,  poS.""'"* 
Thomas  Newhall,  Henry  Tibbets,  Zachariah  Burchmore,  Jc- 
duthan  Upton,  jnn.  Charles  Steel,  Nathan  Luther,  Samuel  C. 
Pope,  John  Snethen,  James  Moody,  Abraham  Wendell,  Hen- 
ry Grant,  Andrew  Morgan,  Joseph  Newhall,  Moses  Thomas, 
Jcthro  Thomas,  Seth  Saltmarsh,  John  Ferguson,  Samuel  K. 
Putnam,  Daniel  Dutch,  William  Cleaveland,  Ebenezer  Burrell, 
Ward  Chipman,  Samuel  Wilson,  Hero  Nichols,  William  Fa- 
bens,  Joseph  Ropes  jun.  Joseph  Mansfield,  Samuel  Mansfield, 
Benjamin  Cox,  jun.  William  Woodbury,  Nathaniel  Archer, 
Geori^e  Ward,  Jonathan  Howard,  Peter  Hodson,  Joshua  Beck- 
ford,  Thomas  Driver,  Ellis  Mansfield,  Stephen  Driver,  jun. 
Richard  Hay,  Henry  Archer,  Nathaniel  Fowle,  and  Lemuel 
Horton,  with  their  families  and  estates,  together  with  such 
others  as  may  hereafter  associate  with  them,  and  their  suc- 
cessors, in  the  manner  provided  by  this  act,  be,  and  they 
are  hereby  incorporated  as  a  religious  society  by  the  name  of 
The  First  Universalist  Society  in  Salem,  with  all  the  powers 
and  privileges,  exercised  and  enjoyed  by  other  reIi,£riou's  soci- 
eties, according  to  the  constitution  and  laws  of  this  Common- 
wealth. 

Sect.  2.     Be  it  further  enacfed,    That  any  person  living  in  Method  of  be- 
Salem,  or  in  any  of  the  neighbouring  towns,  who  may  desire  coming  a  mem- 
to  become   a  member  of  the  said   Universalist  society,  shall  '^"• 
declare  such   intention  to  the  clerk  or  committee  of  said  socie- 
ty, fifteen  days  at  least  previous  to  their  annual   meeting,  and 
if  such  person  do  receive,  and  can  produce  a  certificate  of  ad- 
mission, signed  by  the  clerk  or  committee,  that  such   person 
has  united  with  and  actually  become  a  member  of  the  said  so- 
ciety, such  person,  from  the  date  of  said   certificate,   shall  be 
considered,  with  his  or  her  polls  and  estate,  a  member  of  the 
said  Universalist  society.     Provided  however.  That  every  such  Proviso, 
person  shall  be  holden  to  pay  his  or  her  proportion  of  all  pa* 
rochial  expenses  in  the  society  to  which  such  person  belono-ed 
assessed  and  not  paid,  previous  to  leaving  such  society. 

SccT.  3.  Be  it  further  enacted.  That  when  any  member  of  Manner  of 
the  said  Universalist  society  may  see  cause  to  leave  the  same  leaving, 
and  unite  with  any  other  religious  society,  he  or  she  shall  give' 
notice  of  such  intention  to  the  clerk  or  committee  of  such  other 
society,  fifteen  days  at  least  previous  to  the  annual  meeting, 
and  if  such  person  receive  and  can  produce  a  certificate  of  ad- 
mi^^^ion,  signed  by  the  clerk  or  committee  of  such  other  reli- 
gious society,  that  such  person  has  united  with  and  actually 
become  a  member  of  the  said  other  society,  such  person  hav- 


396 


1811. 


Chap  150—156. 


Justice  to  issue 
warrant. 


Persons  incor- 
porated. 


ing  paid  his  or  her  proportion  of  all  monies  voted  to  be  raised 
in  said  Universalist  society,  previous  thereto,  shall  be  consider- 
ed from  the  date  of  said  certificate,  with  his  or  her  polls  and 
estate,  as  members  of  said  other  society. 

Sect.  4.  And  be  it  further  enacted^  That  any  Justice  of  the 
Peace  for  the  county  of  Essex  be,  and  hereby  is  authorized  to 
issue  a  warrant,  directed  to  some  member  of  said  society,  re- 
quiring him  to  notify  and  warn  the  members  thereof  to  meet  at 
'  such  time  and  place  as  shall  be  appointed  in  said  warrant,  to 
choose  all  such  officers  as  religious  societies  have  a  right  to 
choose  at  their  annual  meetings.     [Feb.  28,  1812.] 

Litittp,  151.       All  Act  to  incorporate  the  Houf.a4onuck  Manufacturing  Company,  in  Pittbfield. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
That  Richard  S.  Chappell  and  John  B.  Root,  together  with 
such  others  as  may  hereafter  associate  with  them,  and  their 
successors  and  assigns,  be,  and  they  hereby  are  made  a  cor- 
poration, by  the  name  of  The  Housalonuck  Manufacturing 
Company,  for  the  pur[)0se  of  manufacturing  wool,  cotton,  flax, 
and  hemp,  in  the  town  of  Pittsfield,  in  the  county  of  Berkshire, 
and  for  the  purpose  aforesaid  shall  have  all  the  powers  and 
privileges,  and  shall  be  also  subject  to  all  the  duties  and  re- 
strictions prescribed  and  contained  in  an  act,  entitled,  "  An 
Act  defining  the  general  powers  and  duties  of  manufacturing 
corporations,"  passed  the  third  day  of  March,  eighteen  hun- 
dred and  nine. 

Sect.  2.  And  be  it  further  enacted,  Tkat  the  said  corpo- 
ration, in  their  corporate  capacity,  may  lawfully  hold  and  pos- 
sess real  estate  not  exceeding  thirty  thousand  dollars,  and  per- 
sonal estate  not  exceeding  fifty  thousand  dollars,  as  may  be 
necessary  for  carrying  on  the  manufactures  of  the  said  com- 
pany in  the  town  of  Pittsfield.      [Feb.  28,  1812.] 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  incorporating  tiie  proprietors  of 
the  Norfolk  Cotton  Manufactory." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  corporation  created  and  established  by  the  act,  to  which 
this  act  is  in  addition,  be,  and  the  same  hereby  is  vested  with 
full  power  and  authority  to  carry  on  the  manufacture  of  wool, 
in  its  various  branches,  subject  however  to  the  same  restric- 
tions, and  entitled  to  the  same  privileges  to  which  the  said  cor- 
poration is  now,  by  the  aforesaid  act,  subjected  and  entitled,  in 
the  manufacture  of  cotton.     [Feb.  28,  1812.] 

An  Act  iu  addition  to  an  Act,  entitled,  *'  An  Act  for  incorporating  certain  persons, 
for  the  purpose  of  building  a  Bridge  over  Deerfield  River  (so  called),  where  Wil- 
liams' Ferry  is  now  kept,  and  for  supporting  the  same. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  proprietors  of  Deerfield  river  bridge,  or  corporation,  be, 
and  they  are  hereby  authorized  and  empowered  to  purchase, 
hold,  possess,  use  and  occupy  real  estate,  in  their  corporate 


1808  ch.  65. 


May  hold  es- 
tate. 


Chap.  152. 

1807  ch.  139. 


Corporation 
empowered. 


Chap.  155. 

1797  ch.  !7. 
(V.  2.  p.  170.) 


Proprietors 
empowered. 


1811. Chap.  156—159.  397 

capacity,  not  exceeding  the  value  of  five  thousand  dollars,  for 
the  purpose  of  erecting  a  toll  house  and  such  other  convenient 
buildings  as  said  corporation,  in  their  said  capacity,  may  think 
proper.     [Feb.  28,  1812.] 

An  Act  to  continue  in  force  an  Act,  entitled,  "  An  Act  to  establish  the  Second    Chap.  156. 
Brush-hill  Turnpike  Corporation."  1805  ch.  110. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  Act,  entitled,  "  An  Act  to  establish  the  Second  Brush-hill  Act  continued 
Turnpike  Corporation"  shall  be,  and  hereby  is  continued  in  "»^°"e. 
full  force  and  effect,  for  and  during  the  term  of  four  years, 
from  and  after  the  first  day  of  June  next,  any  thing  in  said  act 
of  incorporation,  or  in  an  act  defining  the  general  powers  and 
duties  of  turnpike  corporations,  to  the  contrary  notwithstand- 
ing.    [Feb.  28,  1812.] 

An  Act  to  annex  Daniel  Foot  to  the  Town  of  Pittsfield.  Chap,  158. 

Sect.  1.  BE  if  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  aiid  by  the  authority  of  the  same. 
That  Daniel  Foot,  with  his  family  and  estate,  be,  and  hereby  is  Setoff, 
set  off  from  the  town  of  Dalton  and  annexed  to  the  first  parish 
in  the  town  of  Pittsfield,  for  parochial  purposes  only,  there  to 
do  the  duties  and  enjoy  the  privileges  of  a  parishioner. 

Sect.    2.  And  be  it  further  enacted,     That  the  said  Daniel  Hoiden  to  p?* 
Foot  shall  be  hoiden  to  pay  all  legal  taxes  that  have  been   as-  proportion  of 
sessed  upon  him  by  said  town  of  Dalton,  prior  to  the  passing  *"^** 
of  this  act.     [Feb.  29,  1812.] 

An  Act  to  establish  the  Worcester  and  Leicester  Turnpike  Corporation.  Chap.  159. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Thomas  Denny,  Nathaniel  Paine,  Reuben  Sykes,  Austin  Persons  incor= 
Flint,  and  Alpheus  Dimond,  with  such  other  persons  as  may  porated. 
hereafter  associate  with  them,  and  their  successors  and  assigns, 
shall  be  a  corporation,  by  the  name  of  The  Worcester  and 
Leicester  Turnpike  Corporation,  for  the  purpose  of  making  a 
turnpike  road  between  the  towns  of  Worcester  and  Leicester, 
viz.  Beginning  at  the  foot  of  a  hill  between  the  dwelling  houses 
of  Asa  Ward  and  Phineas  Jones,  in  Worcester,  to  or  nearly 
opposite  the  meeting  house  in  Leicester,  and  for  the  purpose 
aforesaid  shall  have  all  the  powers  and  privileges,  and  shall 
be  also  subject  to  all  the  duties,  requirements  and  penalties 
prescribed  and  contained  in  an  act  passed  the  sixteenth  day  of 
March,  eighteen  hundred  and  five,  entitled,  "An  Act  defining  I804ch.  12S. 
the  general  powers  and  duties  of  turnpike  corporations,"  and 
of  any  acts  which  have  been,  or  may  be  made  in  addition  there- 
to. And  no  county,  town,  or  private  road  or  way  shall  be 
opened  into,  or  connected  with  the  aforesaid  turnpike  road, 
without  the  consent  of  said  corporation  first  had  and  obtained; 
except  such  county,  town,  or  private  road  or  way,  as  may  be 
laid  out  crossing  the  said  turnpike  road,  and  leading  in  differ- 
ent directions  therefrom. 


398 


1811. 


Chap.  15&—16S. 


Persons  inr.or- 


Authoriied  to  Sect.  2.  Jnd  be  it  further  enacted^  That  when  the  said 
reeeiva  toll.  turnpike  road  shall  be  made  and  completed,  to  the  acceptance 
of  the  Court  of  Sessions  for  the  county  of  Worcester,  or  a  com- 
mittee by  them  appointed,  the  said  corporation  may  erect  one 
half  toll  gate,  and  shall  have  liberty  to  demand  and  receive 
half  the  usual  rates  of  toll,  according  to  the  general  turnpike 
law.     [Feb.  29,  1812.] 

Chap*  162.  An  Act  to  incorporate  the  Proprietors  of  the  Newton  Wire  Manufactory. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled^  and  by  the  authority  of  the 
same^  That  Samuel  Brown,  William  Ward,  Hendrick  W.  Gor- 
don, Sylvanus  Gray,  Benjamin  Andrews,  and  such  other  per- 
sons as  may  hereafter  associate  with  them,  their  successors  and 
assigns,  be,  and  they  hereby  are  made  a  corporation,  by  the 
name  and  style  of  The  Newton  Wire  Manufactory,  for  the  pur- 
pose of  manufacturing  wire  and  wire  work,  in  all  their  kinds 
and  branches,  and  for  this  purpose  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties  and  regulations 
contained  in  an  act  passed  by  the  General  Court  on  the  third  day 
of  Mnrch,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  nine,  entitled,  "  An  Act  defining  the  general  powers  and 
duties  of  Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may 
take  and  hold  real  estate  not  exceeding  the  value  of  twenty 
thousand  dollars,  and  personal  estate  not  exceeding  the  value 
of  fifty  thousand  dollars,  for  the  purpose  of  establishing  and 
carrying  on  the  manufactory  aforesaid. 

Sect.  3.  Be  it  further  enacted,  That  said  corporation  may 
locate  said  manufactory  in  the  town  of  Newton,  in  this  state,  or 
in  any  place  within  twenty  miles  of  said  town  of  Newton,  at 
the  pleasure  and  discretion  of  the  stockholders  in  said  corpora- 
tion.    [Feb.    29,  1812.] 


1808  ch.  65. 


Possession  of 
p-opeity  al- 
lowed. 


Chap.  163. 


Inhabitants 
hieorporated. 


Voters  author 
ized. 


An  Act  to  incorporate  the  Proprietors  of  the   Ministerial  Fund  in  fie  Parish  of 
B\fieM. 

Sect.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  Gcmrul  Court  assembled,  and  by  the  authority  of  the. 
same.  That  the  inhabitants  of  that  part  of  the  parish  of'^Byfield 
which  lies  in  the  town  of  Newbury,  be,  and  they  hereby  are 
incorporated  as  a  bod^r  politic,  forever,  by  the  name  of  The 
Proprietors  of  the  Ministerial  Fund  in  the  Parish  of  Byfield, 
for  the  purpose  of  managing  such  funds  as  now  belong  to  the 
said  inhabitants  hereby  incorporated,  and  such  other  funds  as 
may  hereafter  accrue  to  them,  for  their  proportional  part  of 
the  support  of  the  minister  of  said  Byfield  Parish;  and  the  said 
corporation,  by  the  said  name,  are  hereby  declared  and  made 
capable,  in  law,  to  sue  and  be  sued  in  all  actions  real,  personal 
and  mixed,  and  prosecute  and  defend  the  same  to  final  judg- 
ment and  execution. 

Sect.  2.  Be  it  further  enacted.  That  all  the  voters  in  said  cor- 
poration, qualified  by  law,  to  vote  in  parish  affairs,  be,  and  they 
hereby  are  authorized,  at  their  first  meeting,  which  shall  be 
holden,  by  virtue  of  this  act,  to  chogse  a  clerk,  a  treasurer,  and 


1811. .Chap.  163—168.  399 

thred  or  five  trustees,  all  of  whom  shall  be  chosen  annually ; 
and  the  said  trustees  and  treasurer  shall  have  the  care  and 
management  of  all  funds  and  interest  of  the  said  corporation  ; 
and  the  annual  meeting  of  the  said  proprietors  shall  be 
holden  in  the  month  of  December,  and  other  special  meet- 
ings may  be  called  in  the  manner,  which  the  said  proprietors 
may  direct  and  order,  and  the  moderator  of  any  of  said  meet- 
ings is  hereby  authorized  to  administer  the  oath  of  office  to  the 
clerk ;  and  the  clerk  and  treasurer  may  receive  reasonable 
compensation  for  their  respective  services. 

Sect.  3.  Be  it  further  enacted,  That  the  treasurer  of  said  Treasurer  t« 
corporation  shall  give  sufficient  bonds  (in  the  opinion  of  the  gi'ebond. 
trustees)  for  the  faithful  performance  of  his  trust,  and  he  shall, 
under  the  direction  of  the  said  trustees,  be  empowered,  and 
hereby  is  authorized,  to  receive  and  let  out  any  or  all  the  mo- 
ney or  interest  of  said  corporation,  on  bond  or  mortgage  ;  and, 
when  it  shall  be  necessary,  (o  execute  a  deed  or  deeds  of  sale 
of  any  lands  belonging  to  said  proprietors. 

Sect.  4.     Be  it  further  enacted.    That  the   interest  arising  Appropriation 
from  said  funds  shall  never  be  appropriated  to  any  other  use  °'^'"'^"s*' 
than   that  for  which  they  were  given  ;  and  the  said  interest 
may  be  applied,  by  the  said  proprietors,  towards  payment  of 
their  proportional  part  of  ministerial  taxes,  as  they  may,  from, 
time  to  time,  order  and  direct. 

Sect.  5.      And  be  it  further  enacted,  That   any  Justice  of  Justice  to  issue 
the  Peace  in  the  county  of  Essex,  on  the  application  of  five  warrant, 
members  of  said  corporation,  shall  issue  a  warrant  for  calling 
the  first  meeting,  and  the  corporation  may  agree  upon  the  me- 
thod of  calling  future  meetings.     [Feb.  29,  I812.J 

An  Act  in  adclition  to  an  Act,  entitled,  "  An  Act  to  establish  The  Hingham  and   Chan,  164, 
Quincy  Bridge  and  Turnpike  Corporation."  1R07  ch  92 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Joseph  Bemis  of  Canton,  in  the  county  of  Norfolk,  Esquire,  be.  Commissioner 
and  he  hereby  is  constituted  and  made  a  commissioner,  jointly  constituted, 
with  Jonathan  Hunnewell  of  Boston,  and  Samuel  Bass  of  Ran- 
dolph, Esquires,  heretofore  appointed  commissioners,  as  ap- 
pears in  the  act  whereto  this  act  is  in  addition  ;  and  the  said 
Joseph  Bemis  is  hereby  authorized  and  empowered  to  do  and 
perform  all  the  duties  and  services  which  are  incumbent  upon 
and  required  of  any  commissioner  aforesaid,  w  said  act  named, 
as  though  the  said  Joseph  Bemis  had  been,  by  said  act,  ap- 
pointed in  the  place  of  Aaron  Hobart  of  Abington,  who  was 
appointed  a  commissioner  in  and  by  said  act,  and  who  has 
since  deceased.     [Feb.  29,  1812.] 

An  Act  to  continue  in  force  the  Charter  of  the  Plymouth  Bank.  Chap*  I684 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  ^^^^  '^^'  ^^' 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
an  act  made  and  passed  the  twenty-third  day  of  June,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  three,  en- 
titled, "An  Act  to  incorporate  sundry  persons  by  the  name  of 
The  President  and  Directors  of  the  Plymouth  Bank,"  be,  and 


400  1811. Chap.  170. 

the  same  is  hereby  contained  in  force  until  the  first  Monday 
in  October  next,  any  thing  in  the  act  aforesaid  to  the  contrary 
notwithstanding.     [Feb.  29,  1812.]     New  act— 1812  ch.  58. 

Chap*  1 70.  An  Act  to  change  the  Names  of  certain  persons  herein  mentioned. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Names  altered,  from  and  after  the  date  of  passing  this  act,  that  William  An- 
drews, the  third  son  of  John  Andrews,  of  Boston,  shall  be  al- 
lowed to  take  the  name  of  William  Barrell  Andrews  ;  that  John 
Brown,  of  Boston,  son  of  John  Brown  of  Sterling,  in  the  coun- 
ty of  Worcester,  shall  be  allowed  to  take  the  name  of  John 
George  Brown  ;  that  Elijah  Clark,  son  of  Humphry  Clark, 
shall  be  allowed  to  take  the  name  of  Elijah  Pope  Clark ;  that 
William  Jarvis  shall  be  allowed  to  take  the  name  of  William 
Charles  Jarvis  ;  that  Obadiah  Johnson  shall  be  allowed  to 
take  the  name  of  William  Henry  Johnson  ;  that  Susan  Ann 
Lovell,  daughter  of  James  Lovell,  shall  be  allowed  to  take  the 
name  of  Ann  Bethune  Lovell ;  that  William  Machett  shall  be 
allowed  to  take  the  name  of  William  P.  Matchett  ;  that  John 
Marston  shall  be  allowed  to  take  the  name  of  John  Melcher 
Marston  ;  that  Henry  Parkman,  son  of  San  uel  Parkm.tn,  shall 
be  allowed  to  take  the  name  of  Samuel  Parkman, — all  of  Bos- 
ton in  the  county  of  Suffolk  ;  that  John  Buckminster,  of  Hamil- 
ton, shall  be  allowed  to  take  the  name  of  John  Butler ;  that 
Elisha  Hogg,  of  Danvers,  shall  be  allowed  to  take  the  name  of 
Elisha  Dana  ;  that  Asa  Fletcher,  of  Danvers,  shall  be  allowed 
to  take  the  name  of  William  Asa  Fletcher;  that  Polly  Smith, 
of  Salem,  shall  be  allowed  to  take  the  name  of  Mary  Larkin 
Smith, — all  of  the  county  of  Essex  ;  that  Samuel  Tubbs,  of 
Pembroke,  shall  be  allowed  to  take  the  name  of  Samuel  Tubbs 
Angier  ;  that  Calvin  Dammon,  of  Scituate,  shall  be  allowed  to 
take  the  name  of  Calvin  Damon  Wilder,— all  of  the  county  of 
Plymouth  ;  that  Abner  Giffbrd,  of  Westport,  shall  be  allowed 
to  take  the  name  of  Abner  Browner  Giffbrd  ;  that  Raiman  Casti- 
no  (alias  Salisbury),  and  Abigail  Castino  (alias  Salisbury),  of 
Westport,  shall  be  allowed  to  take  the  names  of  Raiman  Casti- 
no, and  Abigail  Castino,  only, — all  of  the  county  of  Bristol ; 
that  Baxter  Olds,  of  Brookfield,  shall  be  allowed  to  take  the 
name  of  Baxter  Olds  Minot ;  that  Polycarp  Putnam,  of  Sutton, 
shall  be  allowed  to  take  the  name  of  John  Milton  Putnam, — all 
of  the  county  of  Worcester  ;  that  Richard  Lyman,  of  North- 
ampton, shall  be  allowed  to  take  the  name  of  William  Corne- 
lius Lyman  ;  that  Chase  Page  Wedgwood  Griffin,  of  Alfred,  in 
the  county  of  York,  shall  he  allowed  to  take  the  name  of 
Charles  Griffin  ;  that  John  Kimbal,  of  Augusta,  in  the  county 
of  Kennebeck,  shall  be  allowed  to  take  the  name  of  John  Saw- 
yer Kimball;  that  Ebenezer  M'Intosh,  of  Portland  in  the  coun- 
ty of  Cumberland,  shall  be  allowed  to  take  the  name  of  Henry 
P.  M'Intosh;  that  Moses  Chase,  jun.  of  Newburyport,  shall  be 
allowed  to  take  the  name  of  Moses  James  Chase  ;  that  Moses 
Chase  the  third,  of  Newburyport,  shall  be  allowed  to  take  the 
name  of  Moses  Bailey  Chase;  that  Benjamin  Gould,  jun.  of 


1811. Chap.  170—174.  401 

Kewbiirj^port,  shall  be  allowed  to  take  the  name  of  Benjamin 
Apihorp  Gould, — all  of  the  county  of  Essex.  And  the  said 
several  persons,  from  and  after  the  passing  of  this  act,  be  called 
and  known  bj  the  names  which  by  this  act  they  are  respec- 
tively allowed  to  take  as  aforesaid,  and  the  same  shall  be  con- 
sidered as  their  only  proper  and  legal  names.    [Fefe.  29, 1812.] 

An  Act  to  empower  Solomon  Towne  to  construct  a  Lock,  and  open  a  Canal,  from  Ckopt  172. 
Stiles'  Pond  in  the  Town  of  Boxibrd,  in  the  county  of  Essex,  to  the  Cotton  Fac- 
tOiy  of  said  Towne  in  Boxl'ord.  • 

.  Sect.  1.  BE  it  enacted^  by  the  Senate  and  House  of  Repre- 
sentatives^ in  General  Coxirt  asstmbled^  and  by  the  authority  of  the 
same^  That  Solomon  Towne,  of  Salem,  in  the  county  of  Essex,  Pesonsem- 
his  heirs  and  assigns,  be,  and  they  are  hereby  authorized  and  poweied. 
empowered  to  construct  a  lock  at  the  south  end  of  Stiles'  Pond 
in  said  Boxtord,  for  the  purpose  of  raising  a  head  of  waters  in 
said  pond,  and  to  open  a  canal  of  convenient  width  and  dimen- 
sions to  conduct  and  draw  off  the  waters  of  said  pond,  to  the 
cotton  mill  or  factory,  bel-  riging  to  said  Towne,  in  said  Box- 
ford  ;  and  that  said  Towne,  his  heirs  and  assigns,  shall  have 
liberty  to  maintain  said  lock  and  keep  open  said  canal,  and  to 
pass  and  repass  to  and  flora  the  same,  for  the  purposes  of  keep- 
ing the  same  in  repair  and  of  heading  the  waters  of  said  pond, 
and  drawing  the  same  at  all  times  forever. 

Sect.  2.  ^nd  be  it  further  enacted,  That  if  any  person  or  Damages  pro- 
persons,  through  whose  lands  the  said  canal  shall  pass,  shall  videdior. 
suffer  any  damage  by  means  of  the  same,  and  the  parties  can- 
not agree  upon  the  amount  or  value  of  the  damages  thus  caus- 
ed, nor  upon  some  suitable  person  or  persons  to  estimate  the 
same,  then  and  in  such^,case,  some  disinterested  person  or  per- 
sons shall,  on  petition  iherefor  by  the  party  claiming  damage, 
be  appointed  by  the  Circuit  Court  of  Common  Pleas,  holden 
within  and  for  said  county,  after  notice  to  (he  adverse  party; 
and  the  determination  and  report  of  the  referee  or  referees,  so 
appointed,  made  in  writing  and  returned  by  them  to  the  next 
Circuit  Court  of  Common  Pleas  for  said  county,  shall  be  the 
measure  of  such  damages;  and  the  said  court,  if  they  see  no 
sufficient  reason  to  the  contrary,  shall  render  judgment  thereon, 
and  issue  execution  therefor.  Provided  neverthless.  That  the 
said  court,  on  application  and  request  of  either  of  the  parties, 
shall  issue  a  warrant  to  the  sheriff  of  said  county,  or,  in  case 
he  is  interested,  to  some  coroner  of  the  same  county  not  inter- 
ested, naming  such  sheriff  or  coroner,  directing  him  to  summon 
and  impanel  a  jury  of  twelve  good  and  lawful  men,  who  shall 
be  sworn  to  make  a  true  and  faithful  appraisement  of  the  dama- 
ges sustained,  and  their  verdict  shall  be  returned  by  the  officer 
to  said  court,  and  when  there  allowed  and  recorded,  judgment 
shall  be  rendered  thereon  and  execution  issue  accordingly. 
[Feb.  29,  1812.] 

An  Act  to  incorporate  the  Christian  Monitor  Society.  Chap,  J 74. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represerv' 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  John  Lathrop,  Eliphalet  Porter,  John  Prince,  Thad- 

VOL. IV.  51 


402 


1811. 


Chap.  174— 175. 


Persons  incor- 
corporated. 


(Name  chang- 
ed— 
1812  ch.  68.) 

Empoweted 
to  choose  offi- 
cers. 


Limitation  of 
property. 


Authority 
vested. 


Justice  autho- 
lized. 


Chap,  175. 

1789  ch.  55. 
(V.  1.  p.  272.) 

1792  ch.  73. 
(V.  1.  p.  442.) 

1793  ch.  62. 
(V.  1.  p.  551.) 

1802  rh.  51. 
(V.  3.  p.  43.) 

1803  ch.  153. 
(V.  3.  p.  441.) 

1804  ch.  134. 
(V.  3.  p.  577.) 
1806  ch.  28. 

Penalty  for 
taking  fish 
contrary  to 
law. 


deus  Mason  Harris,  John  Bradford,  Horace  HoUey,  Samuel 
Carey,  Jacob  Flint,  Henry  Colman,  James  Morrill,  Elisha 
Clap,  and  those  who  may  associate  with  them,  be,  and  they 
hereby  are  erected  into  a  body  corporate,  by  the  name  of  The 
Christian  Monitor  Society,  and  by  that  name  shall  have  all  the 
rights  of  a  corpora'.ion,  during  the  pleasure  of  the  Legislature. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Christian  Mo- 
nitor Society,  shall  have  power  to  choose  such  officers  as  said 
society  may  think  neces'sary,  for  the  well  ordering  of  the  affairs 
of  said  society,  and  to  establish  such  rules,  regulations,  and  by- 
laws, as  may  be  necessary  and  proper  for  the  admission  of 
members,  and  carrying  into  et!ect  the  objects  of  their  institu- 
tion, provided  the  same  be  not  repugnant  to  the  constitution 
and  laws  of  this  Commonwealth. 

Sect.  3.  Be  it  further  enacted.  That  the  said  society  shall 
never  own  or  possess  property  to  a  greater  amount  than  ten 
thousand  dollars. 

Sect.  4.  Be  it  further  enacted.  That  the  only  power  and  au- 
thority hereby  vested  in  said  society,  bf  -des  the  power  and 
authority  herein  before  given,  is  to  publ'sh  from  time  to  time 
one  or  more  volumes,  containing  original  and  selected  tracts, 
information,  and  essays,  on  the  nature  and  evidence  of  divine 
revelation,  and  the  duties  which  it  inculcates ;  and  to  manage 
and  appropriate  the  funds  which  said  society  may  possess,  for 
the  above  mentioned  purposes. 

Sect.  .5.  Be  it  further  enacted.  That  any  justice  of  the  peace, 
in  the  county  of  Suffolk,  be,  and  he  hereby  is  authorized  to  call 
a  meeting  of  the  members  of  the  society,  by  notice  in  one  or 
more  newspapers  printed  in  the  town  ..if  Boston,  on  request  of 
any  two  of  the  persons  above  named;  and  the  persons  who 
may  convene,  in  virtue  of  such  notice,  may  proceed  to  organize 
said  society,  at  that  meeting,  or  at  any  adjournment  of  that 
meeting.    *[Fefe.  29,  1 8 1 2.]     See  1812  ch.  59,  name  changed. 

An  Act  in  further  addition  to  an  Act,  entitled,  "An  Act  to  regulate  the  catching 
of  Salmon,  Shad,  and  Alewives,  and  to  prevent  obstructions  in  Merrimack  River, 
and  in  the  other  rivers  and  streams  running  into  the  same,  within  this  Common- 
wealth, and  for  repealing  several  Acts  heretofore  made  for  that  purpose." 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  any  person  who  shall  be  convicted  of  catching  any 
salmon,  shad,  or  alewives  in  Merrimack  river,  or  any  river  or 
stream  centering  to,  or  running  into  the  same,  or  shall  drag- 
any  seine  or  drag-net,  or  set  any  net  or  pof,  or  use  any  other 
machine  for  the  purpose  of  catching  any  of  the  said  fish  in  the 
said  rivers  or  streams,  within  this  Commonwealth  ;  at  any  time 
or  place  other  than  is  allowed  by  the  Act  to  which  this  is  ia 
addition,  shall  forfeit  and  pay,  for  each  offence,  a  fine  not  less 
than  seven  dollars,  nor  more  than  thirty  dollars,  at  the  discre- 
tion of  the  court  before  which  trial  shall  be  had,  according  to 
the  aggravation  of  the  offence,  any  thing  in  the  Act  to  which 
this  is  in  addition  to  the  contrary  notwithstanding. 

Sect.  2.  And  be  it  further  enacted.  That  from  and  after  the 
passing  this  Act,  every  town  in  this  Commonwealth,  bordering 


1811. Chap.  175—176.  403 

on  Merrimack  River,  and  in  which  there  are  any  ponds,  rivers, 
or  streams,  centering  to,  or  emptying  themselves  into  Merri- 
mack River,  where  salmon,  shad,  or  alewives  do  or  would  (if 
not  ohstiucted)  go  up  to  cast  their  spawn,  shall,  at  their  annual 
meeting  in  the  month  of  March  or  April  annually,  choose  by  Fish-wardens 
ballot,  at  least  six  suitable  and  fit  persons  as  fish-wardens,  any 
law  or  usage  to  the  contrary  notwithstanding. 

Sect.  3.     Be  it  further  enacted^  That  if  any  person  shall  be  Penalty  for 
found  in  any  way  aiding  or  assisting  in  unlawfully  fishing,  on  breach  of  act. 
conviction  thereof  he  shall  be  adjudged  guilty  of  a  breach  of 
the  Act  to  which  this  is  in  addition,   and  shall  forfeit  and  pay 
the  same  fine  as  is  provided  in  this  Act  for  actually  fishing  on 
unlawful  days. 

Sect.  4.  Jlnd  be  it  further  enacted,  That  the  powers  given  Duty  of  eelect- 
to  fish-wardens,  in  the  Act  to  which  this  is  in  addition,  shall  be  men. 
transferred  to  the  selectmen  of  the  several  towns,  where  this 
law  can  operate  or  have  force,  so  far  as  relates  to  the  opening 
and  preventing  obsttuctious  in  or  across  the  said  Merrimack 
River,  or  any  of  th.  rivers  or  streams  running  into  the  same; 
and  it  shall  be  the  a(ity  of  the  selectmen  of  the  three  nearest 
or  next  adjoining  towns,  where  any  obstructions  are  or  may  be 
formed  in  or  across  said  rivers  or  streams,  or  the  major  part  of 
such  selectmen,  to  remove  or  cause  to  be  removed,  after  twenty- 
four  hours  notice  given. to  the  owner,  builder,  or  occupier,  all 
obstructions  to  a  free  and  suitable  passage  of  said  fish  up  and 
down  the  said  rivers  and  streams :  and  if  the  owner,  builder, 
or  occupier  of  any  dam  or  other  obsti-uction  shall  refuse  or 
neglect,  for  the  space  of  twenty-four  hours  afier  notice  given  as 
aforesaid^  to  remove  such  dam  or  obstruction,  or  such  part 
thereof  as  the  selectmen  shall  direct,  the  selectmen  shall  cause 
the  same  to  be  removed  at  the  expense  of  the  owner,  builder, 
or  occupier  thereof. 

Sect.  5.  And  be  it  further  enacted.  That  all  fines  and  forfei-  Fines,  forfei- 
tures incurred  by  any  breach  of  this  Act,  or  the  Act  to  which  tures,  &c. 
this  is  in  addition,  and  not  exceeding  ten  dollars,  shall  enure 
wholly  to  the  fish-warden  complaining;  and  all  fish  found, 
taken  on  unlawful  days,  shall  be  the  property  of  the  fish- 
warden  finding  them.  [Feb.  29,  1812.]  Further  acts — 1812 
ch.  84:   lS19ch.  4.  20:   1820  ch.  22.  70  :   1822  ch.  75. 

An  Act  establishing  an  Academy  in  the  Town  of  New  Bedford,  in  the  county  of  Qhrin     1  7fi 
Bristol,  by  the  name  of  Friends'  Academy.  "* 

WHEREAS  the  encouragement  of  literature  in  the  rising  preamble, 
generation,  has  been  considered  by  the  wise  and  good,  as  a 
basis  upon  which  the  safety  and  happiness  of  a  free  people 
greatly  depend.  And  whereas  William  Rotch  has  built  a  con- 
venient house  for  an  academy  in  New  Bedford,  in  the  county 
of  Bristol,  for  that  purpose,  and  he  and  his  associates  have 
subscribed  upwards  of  ten  thousand  dollars,  for  a  fund  thereto, 
and  have  petitioned  this  court  for  an  act  of  incorporation. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  there  be,  and  hereby  is  established  in  the  town  of 


404  1811. Chap.  176. 

Aeademy  in-     Ncw  Bedford,  in  the  county  of  Bristol,  an  academy,  by  the 
coiporated.       u^nie  of  Friends'  Academy  ;  for  the  purpose  of  promoting  piety 
and  virtue,  and  for  the  education  of  youth,   in   such  languages 
and  In  such  liberal  arts  and  sciences  as  the  trustees  hereafter 
provided  shall  order  and  direct. 
Trustees  ap.  Sect.  2.     And  he  it  further  enacted^    That  William  Rolch, 

pointed.  Elisha  Thornton,  Thomas  Arnold,  Samuel  Elam,  Samuel  Rod- 

man, William  Rotch,jun.  William  Dean,  Abraham  Shearman, 
jun.  and  James  Arnold,  be,  and  they  are  hereby  appointed 
trustees  of  said  acadenjy,  and  they  are  hereby  incorporated 
into  a  body  politic,  by  the  name  of  The  Trustees  of  Friends' 
Academy ;  and  they,  and  their  successors  shall  be  and  continue 
a  body  politic  and  corporate  by  the  same  name  forever. 
Seal.  Sect.  3.     And  he  it  further  enacted.  That  the  said  trustees, 

and  their  successors,  shall  have  one  common  seal,  which  they 
may  break,  change  and  renew,  from  time  to  time,  as  they  shall 
see  fit;  and  they  may  sue  and  be  sued  in  all  actions  real,  per- 
sonal and  mixed,  and  prosecute   and  defend   the  same  to  final 
judgment  and   execution ;    by  the   name  of  The  Trustees  of 
Friends'  Academy,  and  may  appoint  an  agent  or  agents  to  pro- 
secute or  defend  such  suit  or  suits. 
Empowered  to       Sect.  4.     And  he  it  further  enacted^  That  the  said   William 
elect  officers.      Rotch  and  Others,  the  trustees  aforesaid,  and  their  successors, 
be,  and   they  are  hereby  made  the  visitors,  trustees,  and   go- 
vernors of  the  said  academy  in  perpetual   succession  forever; 
to  be  continued  in  the  way  and  manner  -hereinafter  specified, 
with  full  power  and  authority  to  elect  such  officers  of  the  said 
academy  as  they  shall  judge  necessary  and  convenient ;  and 
to  make  and  ordain  such  laws,  orders  and  rules,  not  repugnant 
to  the  laws  of  this  Commonwealth,  for  the  good  government  of 
said  academy  as  to  them  shall  seem  fit  and  requisite. 
Number  limit-        Sect.  5.     And  he  it  further  enacted,  That  the  number  of  the 
"^*  trustees  aforesaid  shall   not  at  any  time  be  more  than  fifteen 

nor  less  than  nine,  four  of  whom,  at  least,  shall  be  necessary 
to  constitute  a  quorum  for  transacting  business. 
Vacancies  sup-       Sect.  6.     And  he  it  further  enacted,  That  whenever  one  or 
plied.  more  of  the  trustees  aforesaid  shall  die  or  resign,  or  in   the 

judgment  of  the  major  part  of  the  trustees  shall  be  rendered 
incapable,  by  age  or  otherwise,  of  discharging  the  duties  of  his 
office,  or  disqualified  by  any  rule  or  order  they  may  have  es- 
tablished ;  the  trustees  then  surviving  may  elect  one  or  more 
persons  to  fill  the  vacancy  or  vacancies. 

Sect.  7.  And  he  it  furthtr  enacted,  That  the  trustees  afore- 
said, and  their  successors,  be,  and  they  are  hereby  rendered 
capable  in  law,  to  take  and  hold,  by  gift  or  grant,  devise,  be- 
quest, or  otherwise  ;  any  land,  tenements,  or  other  estate,  real 
or  personal,  which  have  heretofore  been  given,  or  subscribed, 
or  which  rnay  hereafter  be  given  or  subscribed,  for  the  pur- 
Froviso.  pose  aforesaid.     Provided,  The  annual  income  of  said  real  and 

personal  estate  shall  not  exceed  the  sum  of  ten  thousand  dol- 
lars ;  and  all  deeds  and  instruments  which  the  said  trustees 
may  lawfully  make,  shall  be  sealed  with  their  seal,  and  bind 
the  trustees  and  their  successors,  and  be  valid  in  law, 


1812. Chap.  1—2.  405 

Sect.  8.     And  be  it  furlher  enacted^  That  Samuel  Rodman  Piret  meeting, 
be,  and  hereby  is  authorized   and  empowered,  to  appoint  the 
time  and  place  for   holding  the  first  meeting  of  said  trustees, 
and  notify  them  thereof.     [Feb.  29,  1812.] 

An  Act  in  addition  to  the  seve.al  acts  lor  incorporating  certain  persons  for  the  Lhop.  1. 
purpose  of  building  a  Bridge  over  Merrimack  River,  between  the  towns  of  1794  ch.  3. 
H-tverhin  and  Newbury,  in  the  County  of  Essex,  an<l  for  supporting  the  same.       (V.  1.  p.  523.) 

WHEREAS  the  proprietors  of  Merrimack  Bridge,  have  re-  (v%!^p.  69.) 
presented  to  the  General  Court,  that  the  compensation  they  de-  isiOch.  107. 
rive  from  the  toll  over  said  bridge  is   inadequate,  and  pray  for 
an  increase  of  said  toll : 

He  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  following;  rates  of  toll  be,  and  hereby  are  established  for 
the  benefit  of  said  proprietors,  in  addition  to  the  rates  of  toll 
established  by  an  act  passed  February  twenty  sixth,  in  the 
year  of  our  Lord,  seventeen  hundred  ninety  six,  entitled  "  An  1795  ch.  64. 
act  in  further  addition  to  an  act,  entitled  An  act  for  incorporat- 
ing certain  persons  for  the  purpose  of  building  a  bridge  over 
Merrimack  River,  between  the  towns  of  Haverhill  and  New- 
bury, in  the  County  of  Essex,  and  for  supporting  the  same," 
passed  June  fourteenth,  seventeen  hundred  ninety  four :  for^^^"°*^*°  ' 
each  foot  passenger  one  cent ;  for  each  horse  and  rider  one 
cent  five  mills  ;  for  each  additional  rider,  one  cent ;  for  each 
cart  or  other  carriage  of  burthen  drawn  by  one  beast,  two 
cents  five  mills ;  for'each  cart,  waggon,  or  other  carriage  of 
burthen,  drawn  by  two  beasts,  seven  cents  five  mills,  for  each 
additional  beast,  one  cent ;  for  each  coach,  chariot,  phaeton  or 
other  four  wheel  carriage  for  passengers,  seven  cents;  for  each 
curricle  or  chaise,  w^'th  two  horses,  three  cents;  for  each 
chaise,  chair  or  sulkey  and  horse,  four  cents  five  mills  ;  for 
each  horse  or  neat  cattle,  exclusive  of  those  rode  on,  or  in 
carriages,  one  cent;  for  each  sheep  or  swine,  five  mills  ;  for  a 
wheelbarrow  or  handcart  with  one  person,  one  cent;  Provided  Proviso, 
nevertheless,  that  the  increase  of  toll  granted  by  this  act,  may 
from  time  to  time,  be  regulated  by  the  Legislature  of  this  Com- 
monwealth at  their  discretion.     [June  11,  1812.] 

An  Act  to  incorporate  Joel  Farnam  and  others,  by  the  name  of  the  Westfield  ^hap,  2. 
Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Joel  Farnam,  Benjamin  Hastings,  and  Thomas  C.  pJS.'"'*"" 
Green,  together  with  such  others  as  may  hereafter  associate 
•with  them,  their  successors  and  a=;signs.  be,  and  they  are  here- 
by made  a  Corporation,  by  the  name  of  The  Westfiekl  Manu- 
facturing Company,  for  the  purpose  of  manufacturing  Wool 
and  Cotton  in  the  town  of  Westfield,  in  the  County  of  Hamp- 
den ;  and  for  the  purpose  aforesaid,  shall  have  all  the  powers 
and  privileges,  and  shall  also  be  subject  to  all  the  duties  and 
requirements,  prescribed  and  contained  in  an  act  entitled,  "  An  (^808  ch.  65.) 
Act  defining  the  General  powers  of  manufacturing  Corpora- 
tions," passed  the  third  day  of  March,  eighteen  hundred  and 
Bine» 


406 


1812. 


Chap.  2 — 6. 


Chap.  5. 


Persons  incor 
poiated. 


(Name  alter- 
ed 1814 ch. 
135.) 


Value  of  e«-  Sect.   2.     Be  it  further  enacted,  That  the  said  Corporation^ 

^*"*  in  their  corporate  capacity,  shall,  and  may  lawfully   hold  and 

possess  such  real  estate,  not  exceeding  fifty  thousand  dollars, 
and  personal  estate  not  exceeding  one  hundred  thousand  dol- 
lars, as  may  be  necessary  and  convenient  for  carrybg  on  the 
manufactory  of  Wool  and  Cotton,  in  their  various  branches, 
either  separately  or  mixed,  in  said  town  of  Westfield.  [June 
11,  1812.] 

An"  Act  to   incorporate  Samuel  Waters  and    others  by  the   name  oflheVillag* 
Cotton,  Wool  and  Linen  Manwfecturirg  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  S  imuel  Waters,  Amasa  Braman,  Estes  Howe,  Titus 
V.  Shephard,  Eseck  Brown,  Isaac  King,  Nathaniel  Bartlett, 
Silas  Chase,  George  Viner,  John  Stockwell,  jun.  Stephen 
Bartlett,  Nathan  Bancroft,  Luther  Whitmore,  Samuel  Walker, 
Daniel  Putnam,  Absalom  Leonard,  Francis  Sibley,  Aaron 
Hammond,  Joshua  Waters,  and  Thomas  Kindall,  jun.  together 
with  such  others  as  may  hereafter  join  or  associate  with  them, 
their  successors,  and  assigns,  be,  and  they  hereby  are  made  a 
Corporation,  by  the  name  of  The  Village  Cotton,  Wool,  and 
Linen  Manufacturing  Company,  for  the  purpose  of  manufac- 
turing Cotton,  Wool  and  Flax,  in  the  town  of  Dudley,  in  the 
County  of  Worcester,  and  shall  have  all  the  powers  and  pri- 
vileges, and  shall  be  subject  to  all  the  duties  and  requirements 
(1808  ch.  65.)  prescribed  in  an  act,  entitled,  "An  act  defining  the  General 
powers  of  manufacturing  Corporations,"  passed  the  third  day 
of  March,  eighteen  hundred  and  nine. 

Sect.  2.     Be  it  further  enacted,  That  said  Corporation,  in 
their  Corporate  capacity,  shall  and   may  lawfully  hold   and 
May  hold  es-    possess  such  real  estate,  not  exceeding   fifty  thousand  dollars, 
♦a*e.  and  personal  estate,  not  exceeding   one  hundred   thousand  dol- 

lars, as  may  be  necessary  and  covenient  for  carrying  on  said 
manufacture  in  their  various  branches  as  aforesaid.  [June  12, 
1812.]     Name  altered  1814  ch.  135. 

Chap*  6.  An   Act  to  incorporate  Nathan  Comstock  and  others,  by  the  name  of  the  Wren- 

tham  Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Nathan  Comstock,  Nathaniel  Ware,  Silas  Metcalf, 
Asa  Messer,  Calvin  Park,  George  Hawes,  David  Fisher,  jun. 
and  Elijah  Cobb,  together  with  such  other  persons  as  have,  or 
may  hereafter  associate  w-ith  them,  their  successors  and  as- 
signs, be,  and  they  hereby  are  made  a  Corporation,  by  the 
name  of  The  Wrentham  Manufacturing  Company,  for  the  pur- 
pose of  manufacturing  Cotton  and  Wool  at  Wrentham,  in  the 
County  of  Norfolk,  and  for  this  purpose  shall  have  all  the  pow- 
ers and  privileges,  and  be  subject  to  all  the  duties  and  require- 
ments contained  in  an  act  passed  the  third  day  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  nine,  en- 
(1808  ch.  65.)  titled,  "  An  act  defining  the  General  powers  and  duties  of 
manufacturing  Corporations." 


Persons  incor 
porated. 


1812. Chap,  fl— 9.  407 

Sect.  2.  Be  it  further  enacted^  That  the  said  Corporation 
may  be  lawfully  seized  of  such  real  estate,  not  exceeding  the 
value  of  fifty  thousand  dollars,  and  such  personal  estate  not  ex-  May  hold  es* 
ceeding  the  value  of  one  hundred  thousand  dollars,  as  may  be  '^*^* 
necessary  and  convenient  for  establishing  and  carrying  on 
the  manufacture  of  Cotton  and  Wool  at  Wrentham  aforesaid. 
[June  15,  1812.] 

An  Act  to  incorporate  certain  persons  by  the  name  of  the  Adams  Glass  Factory.    CilOp*  7« 

Sect.   1.    BE  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives^ in   General  Court  assembled,  and  by   the  authority  of  the 
same.  That  Daniel  Shearman,  James  Mason,  Ambrose  Kasson,  Persons  incof- 
John   Bucklin,   Jesse    Whipple,    Josiah   Q.    Robinson,    Isaac  ^'  '^ 
Brown,  Arthur  F.  Field,  and  Thomas  Farnum,  with  such  other 
persons  as  already  have,  or  hereafter  may  associate  with  them, 
their  successors,  and  assigns,  be,  and  hereby  are  made  a  corpo- 
ration by  the  name  of  The  Adams  Glass  Factory,  for  the  pur- 
pose of  manufacturing  Glass,  in  the  town  of  Adams,  and  for 
that  purpose  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements  contained   in  an  act, 
passed  the  third  day  of  March,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  nine,  entitled,  "  An  act  defining  (isosch.  6^) 
the  General  powers  and  duties  of  manufacturing  corporations." 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may  May  hold, es^- 
be  lawfully  seized  and  possessed  of  such  real  estate,  not  ex-  tate. 
ceeding  thirty  thousand  dollars,  and  such  personal  estate,  not 
exceeding  seventy  thousand  dollars  in  value,  as  may  be  ne- 
cessary and  convenient  for  carrjnng  on  the   manufacture  of 
Glass,  in  said  town  of  Adams.    [June  15,  1812.] 

An  Act  in  addition  to  an   Act,  entitled,  •'  An  Act  to  secure  the  town  of  New-    CTlfln,  9, 
bury  Port,  from  damage  by  fire.  1811  ch  4 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  from  and  after  the  passing  of  this  act,  no  building 
of  any  kind  whatsoever,  which  shall  be  more  than  thirteen  feet 
from  the  ground  to  the  highest  point  in  the  roof  thereof,  shall  Height  of 
be  placed,  erected,  or  built  within  that  part  of  the  town  of  '5"»'<i">e*' 
Newbury  Port,  in  the  county  of  Essex,  which  lies  on  and  be- 
tween the  northwesterly  side  of  Market  Street,  so  called,  and 
the  southeasterly  side  of  Federal  Street,  so  called,  and  on  and 
between  the  northeasterly  side  of  High  Street,  so  called,  and 
Merrimack  River,  unless  all  the  external  sides  and  ends  there- 
of shall  be  built  or  composed  of  brick  or  stone,  except  so  Buildings  of 
much  as  may  be  necessary  for  doors  and  windows,  and  all  ad-  brick  or  stone, 
diiions  which-shall  be  made  to  buildings  already  erected,  and 
all  buildings  which  shall  be  erected  on  old  foundations,  in  part    ■ 
or  in  whole,  shall  be  deemed  and  considered  within  the  res- 
trictions and  regulations  of  this  act.     Provided,  that  upon  any  Proviso, 
wharf,  marsh,  or  other  place  where  no  sufficient  foundation  can 
be  obtained  without  unreasonable  expense,  on  permission  of 
the  selectmen,  or  fire  wards  of  said  town,  or  the  major  part  of 
them,  in  writing,  wooden  buildings  of  not  more  than  two  stories 
high  may  be  erected  ;  and  the  permission  so  given  *hallj  with- 


408 


1812. 


Chap.  9—16. 


Wooden  buil- 
dings may  be 
erected. 

Heighth  of 
buildings. 


(1811  ch.  4.) 


Chap.  12. 
1807  ch.  119. 


in  ten  days  next  after  the  same  may  be  so  given,  be  recorded 
in  tde  records  of  said  town. 

Sect.  2.  Be  it  further  enacted,  That  in  no  otiier  part  of  the 
said  town  of  Newbury  Port,  shall  any  building  be  placed, 
erected  or  built,  which  shall  be  more  than  twenty  five  feet 
high,  from  the  ground  to  the  highest  point  in  the  roof  thereof, 
unless  all  the  external  sides  and  ends  thereof  shall  be  built  or 
composed  of  brick  or  stone,  except  so  much  as  may  be  ne- 
cessyry  for  doors  and  windows,  and  all  additions  to  any  build- 
ings and  all  buildings  which  may  be  erected  on  old  foundations, 
in  whole  or  in  part,  shall  be  deemed  and  considered  within 
the  restrictions  and  limitations  of  this  act. 

Sect.  3.  Be  it  further  enacted,  That  the  first  section  of  the 
act,  entitled  "  An  act  to  secure  the  town  of  Newbury  Port  from 
damage  by  fire,"  be  and  the  same  is  hereby  repealed.  [June 
18,  1812.J 

All  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  a  number 
of  persons  for  the  purpose  of  building  a  Bridge  over  Connecticut  river,  between 
Prindle's  Ferry,  and  Mill  Brook,  in  the  town  of  Northfield,  in  the  county  of 
Hampshire." 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same^  That  the  proprietors  of  the  Northfield  Bridge,  shall  be 
Rates  of  Toll,  authorized  hereafter  to  demand  and  receive  for  each  four 
wheel  pleasure  carriage,  drawn  by  two  horses,  twenty  five 
cents,  and  four  cents  for  each  additional  horse  ;  for  each  wheel 
carriage  drawn  by  one  horse,  twelve  and  an  half  cents,  and 
four  cents  for  each  additional  horse;  for  each  waggon  ot  cart, 
drawn  by  two  beasts,  seventeen  cents,  and  for  each  additional 
beast  four  cents  ;  for  each  sleigh  or  sled  drawn  by  two  beasts, 
twelve  and  an  half  cents,  and  each  additional  beast  four  cents; 
for  each  sleigh  or  sled  drawn  by  one  beast,  ten  cents  ;  for 
horses,  neat  cattle,  and  mules  in  droves,  two  cents  each ;  and 
for  sheep  and  swine,  half  a  cent  each :  And  all  the  other  rates 
of  toll  for  passing  said  Bridge,  shall  remain  and  continue  as 
'  provided  in  the  said  act  to  which  this  is  an  addition. 

Sect.  2.  Be  it  further  enacted,  That  the  said  proprietors  may 
purchase  and  hold  any  real  estate  which  they  may  deem  ne- 
cessary and  convenient  for  the  accommodation  of  their  toll 
gatherer,  with  a  house,  out  houses  and  garden ;  and  may  con- 
vey the  same  at  pleasure.     [June  18,  1812.] 

An  Act  to  incorporate  sundry  persons,  by  the  name  of  the  First  Universalist  So- 
ciety in  Scituate. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, m  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Enoch  Collamore,  Loring  Jacobs,  Ichabod  R.  Jacobs, 
John  Jones,  jun.  Calvin  Wilder,  James  H.Jacobs,  Charles  Tot- 
man,  Charles  Jones,  Isaac  N.  Damon,  Joshua  Bowker,  James 
Jacobs,  Abel  Silvester,  Charles  Simmons,  William  Hyland,  Da- 
vid Turner,  Samuel  Randell,  jr.  Samuel  Randell,  Joshua  Damon, 
Ebenezer  Totman,  Jonathan  Turner,  Enoch  Collamore,  jr.  Benj. 
Bowker,  John  Gross,  Josiah  Witherell,  Samuel  Simmons,  John 
Jones,PelegSiinmons,jr.  SelhStoddardjGeorge  Litchfield,  Elisha 


May  hold  real 
estate. 


Chap.  16. 


Persons  incor- 
porated. 


1812. Chap.  16—18.  ,  409 

feross,  Reuben  Sutlon,TheophilusCotherell,  Edward  F.Jacobs, 
Elisha  Barrell,  Elisha  Barrell,  jr.  Stephen  Jacobs,  Edward  Cur- 
tis, with  their  families  and  estates,  together  with  such  others  as 
may  hereafter  associate  with  them,  and  their  successors,  in  the 
manner  provided  by  this  Act,  be  and  they  arc  hereby  incor- 
porated as  a  religious  society,  by  the  name  of  the  First  Uni- 
versahst  Society  in  Scituate,  with  all  the  powers  and  privileges,  Rights  and 
exercised  and  enjoyed  by  other  religious  societies,  according  Privileges, 
to  the  constitution  and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted,  That  any  person  living  in  the 
towns  of  Scituate  and  Hanover,  who  may  at  any   time  hereaf- 
ter be  desirous  of  joining  the  said  first  Universalist  society   in  May  become 
Scituate,  and  shall  certify  the  same  to  the  clerk   of  the   town  members. 
where  he  or  she  may  reside,  which  certificate  shall  be  record- 
ed by  such  clerk,  shall  thereafter,  with  his  or  her  polls  and  es- 
tate, become  a  member  of  said  first  Universalist  society  in  Scit- 
uate :    Provided  however,  that  such  person  shall  be  held  to  pay  Proviso. 
to  the  parish  or  religious  society,  which  he  or  she   shall   leave 
as  aforesaid,  his  or  her  proportion  of  all  monies  granted  by  such 
parish  or  society,  before  the  filing  of  such  certificate  with   the 
town  clerk  as  aforesaid. 

Sect.  3.  Be  it  further  enacted,  That  any  member  of  the  said 
first  Universalist  society  in  Scituate,  who  may  atany  tim.ehere-  jyiay  leave  the 
after,  be  desirous  of  leaving  said  society,  and  shall  certify  the  society, 
same  to  the  clerk  of  the  tow  n  where  he  or  she  may  reside,  which 
certificate  shall  be  recorded  b}'' such  clerk,  shall  thereafter,  with 
his  or  her  polls  and  estate,  become  a  member  of  such  parish  or 
religious  society,  as  by  law  he  or  she  would  belong  to  in   case 
such  person  had  never  become  a  member  of  said  first  Univer- 
salist society  in   Scituate.     Provided  however,  that  such  person  Proviso, 
shall  be  held  to  pay  to  said  first  Universalist  society   in   Scitu- 
ate, his  or  her  proportion  of  all  monies  granted  by  said   socie- 
ty, before  the  filing  of  such  certificate  with  the   town  clerk  as 
aforesaid. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the  Peace  Justice  may 
for  the  county  of  Plymouth  be,  and  he  hereby  is  authorized  to  '^^"^  warrant, 
issue  his  warrant  directed  to  some  member  of  said  societ}^,  re- 
quiring him  to  notify  and  warn  the  members  thereof,  to  meet 
at  such  time  and  place  as  shall  be  appointed  in  said  warrant, 
to  choose  such  officers,  and  to  transact  all  such  business,  as  re- 
ligious societies  have  a  right  to  choose  and  transact,  at  their 
annual  meetings.     [June  18,  1812.] 

An  Act  in  addition  to  an  Act  authorizing  a  Lottery  for  completing  the  repairs  of   Chap.  18. 
Plymouth  Beach.  1811  ch.  148. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
mme.  That  the  managers  to  be  appointed  by  the  act  authoriz- 
ing a  lottery  for  completing  the  repairs  of  Plymouth  Beach, 
be,  and  they  hereby  are  authorized  to  deduct  the  charges  of 
stationarj^  printing  and  other  necessary  expenses  of  drawing 
each  class  of  said  lottery,  managers  services  and  expenses  ex- 
cepted, from  the  sum  raised  by  each  class ;  and   that  the  re- 

voL.  IV.  52 


410  1812. Chap.  18— 20. 

mainder  be  considered  the  whole  proceeds  mentioned  in  said 
act,  any  thing  in  the  act,  to  which  this  is  in  addition,  to  the 
contrary  notwithstanding.  [June  18,  1812.]  Further  acts — 
1814ch.  104:   1816ch  71. 

Ohop'  19»        An  Act  to  incorporate  James  Perkins  and  others  by  the  name  of  the   Hampshire 
Lead  Manufacturina  Company. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  avlhority  of  the  same^ 
Persons  incor-  That  James  Perkins,  Thomas  H.  Perkins,  David  Hinkley,  Sa- 
porated.  muel  G.  Perkins,  Josiah  Marshall,  and   Isaac   P.   Davis,  with 

such  others  as  may  hereafter  associate  with  them,  their  succes- 
sors and  assigns,  be,  and  they  hereby  are  made  a  corporation, 
by  the  name  of  the  Hampshire  Lead  Manufacturing  Company, 
for  the  purpose  of  exploring,  digging,  working  and  manufactur- 
ing any  ore,  minerals,  metals  or  fossils  in  the  towns  of  East- 
hampton,  Westhampton,  Northampton,  and  Southampton,  in  the 
county  of  Hampshire;  and  for  this  purpose  shall  have  all  the 
Powers  and  powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
V^IL  \    c  \  quirements  contained  in  an  Act,  entitled  "  An  Act  defining   the 

(1808  ch.    6a.)      «  i    i      •  ,•  r  •  •  11 

general  poAvers  and  duties  oi  manulacturnig  corporations,"  pass- 
ed March  third,  eighteen  hundred  and  nine. 
M     h  Id  s-         Sect.  2.  Be  it  further  enacted,  That  the  said   company   may 
tate,  be  lawfully  seized  and  possessed  of  such  real  estate,  easements 

and  hereditaments  within  the  said  towns,  not  exceeding  the 
value  of  one  hundred  thousand  dollars,  and  such  personal  es- 
tate, not  exceeding  the  value  of  eighty  thousand  dollars,  as  may 
be  necessary  or  convenient  to  enable  them  to  prosecute  the 
business  of  digging,  exploring,  working  and  manufacturing  any 
ore,  minerals,  metals  or  fossils  found  in  said  towns,  or  either  of 
them.     [June  19,  1812.] 

LiiUip'  20.        An  Act  to  incorporate  the  Trustees  of  the  Ministerial  Fund,  in  the  second  parisk 
in  Marlborough. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  deacons  of  the  church  in  the  second  parish   in   Marl- 
borough, and  the  clerk,  assessors  and  treasurer  of  the  said  pa- 
rish, for  the  time  being,  be,  and  they  are  hereby  constituted  a 
"^ome^cr *"*^°^"  b°^J  politic  and  corporate,  by  the  name  of  the  Trustees  of  the 
Ministerial  Fund,  in  the  second  parish  in  Marlborough,  and  by 
that  name,  they  and  their  successors  in  office,  shall  be  and  con- 
tinue a  body  politic  and  corporate  forever,  and  they  may  have 
a  common  seal,  which  they  may  alter  or  change   at  pleasure, 
and  by  that  name  they  may  sue  and   be  sued,   in   all   actions, 
real,  personal,  or  mixed,  and  prosecute  and  defend  the  same  to 
final  judgment  and  execution. 
Choice  of  offi-         Sect.  2.  Be  it  further  enacted,  That  the  said  corporation  shall 
cers.  and  may  annually  elect  a  president,  and  a  clerk,  to  record  the 

doings  and  transactions  of  the  trustees  at  their  meetings ;  and 
a  treasurer,  to  receive  and  apply  the  monies  hereinafter  men- 
tioned, as  hereinafter  directed,  and  any  other  needful  officers, 
for  the  better  managing  of  their  business. 

Sect.  3.  Be  it  further  enacted,  That  said  trustees  shall  annu- 


1812. Chap.  20.  411 

ally  hold  a  meeting,  in  the  month  of  March  or  April,  and  as  Annual  meet- 
much  oftener  as  may  be  necessary  to  transact  their  business, 
which  meetings,  after  the  first,  shall  be  called  in  such  manner, 
as  the  trusiees  may  direct;  and   a   majority  of  said   trustees, 
shall  constitute  a  quorum  for  transacting  business. 

Sect.  4.  Be  it  further  enacted.  That  the  clerk  of  said  corpo-  Clerk  swor». 
ration  shall  be  a  member  thereof,  and  shall   be  sworn   in   the 
same  manner  as  town  officers,  to  the   faithful   performance  of 
the  duties  of  his  office  ;  and  he  shall  have  the  care  and  custody 
of  all  papers  anH  documents  belonging  to   said  trustees,  except 
what  belong  to  the  treasurer's  office;  and   he   shall   carefully  His  duty, 
and  fairly  record  all  their  votes  and  proceeding,  in  a  book,  to 
be  kept  for  that  purpose,  and  shall  certify  the  same  when  there- 
to required  ;  and  he  shall  call  meetings  when  thereto  directed  ghaii  call 
by  any  one  or  more  of  said  trustees,  and  do  whatever  else  may  meetings. 
be  incident  to  his  said  office,  and  he  shall  deliver  up  to  his  suc- 
cessor in  office,  as  soon  as  may  be,  all  the  records,  papers  and 
documents  in  his  hands,  in  good  order  and  condition,  and  if  he 
shall  neglect  so  to  do,  for  the  space  of  thirty   days   next   after 
such  successor  shall  be  duly  appointed,  he  shall  forfeit  and  pay  ^°^j*^^*/°^ 
to  said  corporation,  a  fine  of  fifty  dollars,  and  the  further  sum  °^^ 
of  thirty  dollars  per  month,  for  such  neglect  afterwards. 

Sect.  3.  Be  it  further  enacted,  That  the  treasurer  of  said  trus-  _  , 

1     11  .        1     •  •  r     II  •  1     a'     .      J  •        Treasurer? 

tees  shall  be  the  receiver  of  all  monies  arm  enects  clue,  owing  duty. 

and  cominc(  to  them,  and  mn}'^  demand,  sue  for,  and  recover  the 
same  in  their  name,  unless  prohibited  by  them,  and  he  shall 
have  the  care  and  custody  of  all  the  money  and  effects,  obli- 
gations and  securities  for  the  payment  of  money,  and  other 
things,  and  all  evidences  of  property  belonging  to  said  trustees, 
and  be  accountable  to  them  therefor,  and  shall  dispose  of  the 
same,  as  they  shall  order  and  direct;  and  shall  render  an  ac- 
count of  his  doings,  together  with  a  fair  and  regular  statement 
of  the  property,  and  evidences  of  property  in  his  hands,  when- 
ever they  shall  require  the  same  to  be  done,  and  shall  deliver 
up  to  his  successor  in  office,  as  soon  as  may  be,  all  the  books 
and  papers,  propert3''  and  evidences  of  property,  in  his  hands, 
in  good  order  and  condition,  and  shall  give  bond  to  the  said  Shall  give 
trustees,  and  their  successors,  with  sufficient  sureties,  and  in  °"  ^* 
such  sum  as  the  said  trustees  may  direct,  conditioned  to  do  and 
perform  all  the  duties  incumbent  on  him  as  their  treasurer  ;  and 
if  he  shall  fail  to  deliver  up  the  same  as  aforesaid,  for  the  space 
of  thirty  days  next  after  such  successor  shall  be  duly  appoint-  p^^.^.^.  j.  . 
ed,  he  shall  forfeit  and  pay  to  said  corporation,  a  fine  of  fifty  ^^JJ^^  °^  "^* 
dollars,  and  a  further  sum"^  of  thirty  dollars  per  month  for  such 
neglect  afterwards. 

Sect.  6.  Be  it  'further  enacted,  That  the  said  trustees  and  p^y  ^f tj^j, 
their  successors  in  office  be,  and  they  are  hereby  vested  with  tees, 
full  power  to  receive  into  their  hands,  all  monies,  or  security 
for  money  already  received,  and  that  now  is,  or  hereafter  may 
be  in  the  hands  of  the  treasurer  of  said  second  parish  in  Marl- 
borough, being  a  surplus  of  money  obtained  by  the  sale  of  the 
pews  in  the  meeting  house  belonging  to  said  parish,  over  and 
above  the  cost  of  said  house  :  and  all  other  monies,  subscrip- 


412 


1812. 


Chap.  20. 


Proviso. 


May  loan  mo- 
nies, 


with  security. 

Amount  of 
sums  to  be 
loaned. 
Security. 

Shall  apply 
the  interest. 


Surplus  income 
how  appropri- 
ated. 


Trustees  may 
alienate  real 
estate. 


Compensation 
for  services. 


Shall  exhibit  a 
statement  an- 
nually. 


Justice  may  is- 
sue his  war- 
rant. 


tions,  donations  and  security  for  real  or  personal  estate,  that 
have  been,  or  may  hereafter  be  given,  raised  or  subscribed, 
and  appropriate  the  same,  according  to  the  intention  and  direc- 
tion of  ihe  donor,  or  donors,  within  the  provision  of  this  Act : 
Provided  however,  that  said  trustees  shall  not  at  any  time  be  in 
possession  of  a  capital,  the  annual  income  of  which  shall  ex- 
ceed the  sum  of  two  thousand  dollars. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
said  trustees,  to  use  and  improve  such  fund,  or  estate,  as  shall 
be  vested  in  them  by  this  Act,  w  ith  care  and  vigilance,  so  as 
best  to  promote  the  design  thereof ;  and  shall  always  loan  upon 
interest  all  the  money  belonging  to  said  fund,  in  such  sums ; 
and  for  such  term  of  time,  not  exceeding  one  year,  as  they  shall 
think  proper,  upon  the  bond  or  note  of  the  borrower,  with  at 
least  one  surety  with  the  borrower,  for  the  payment  thereof; 
and  they  shall  not  at  any  time  loan  any  sum  exceeding  the 
amount  of  one  hundred  dollars,  without  a  mortgage  on  real  es- 
tate, to  three  times  the  amount  loaned,  as  collateral  security  for 
the  payment  of  the  same,  with  interest  annually  ;  and  it  shall 
be  their  duty  annually  to  apply  the  interest  arising  from  said 
fund,  towards  the  salary  of  the  Congregational  minister  of  said 
parish,  and  it  shall  be  considered  as  payment  thereof,  so  far  as 
it  goes  ;  and  in  case  the  whole  of  the  annual  income  should  be 
more  than  sufficient  to  pay  the  salary  of  said  minister,  for  the 
lime  being,  agreeably  to  the  contract  with  him,  then  the  sur- 
plus shall  be  added  to  the  principal,  unless  said  parish,  at  a  le- 
gal meeting  called  for  that  purpose,  shall  otherwise  appropriate 
the  same,  which  they  are  authorized  to  do  ;  but  never  to  alien-? 
ate,  or  in  any  wise  alter  the  fund  aforesaid. 

Sect.  8.  Be  it  further  enacted,  That  the  trustees  may  alienate 
by  good  and  sufficient  deeds  in  law,  any  real  estate,  the  title 
whereof  shall  be  vested  in  them  by  way  of  mortgage,  or  by 
operation  of  law. 

Sect.  9.  Be  it  further  enacted,  That  the  trustees  or  their  of- 
ficers, for  the  service  they  may  perform,  shall  be  entitled  to  no 
compensation  out  of  any  monies  arising  from  the  fund  afore- 
said ;  but  if  entitled  to  any,  shall  have  and  receive  the  same  of 
said  parish,  and  as  may  be  mutually  agreed  on. 

Sect.  10.  Be  it  further  enacted.  That  said  trustees,  and  their 
successors,  shall  each  year  in  the  month  of  March,  or  April, 
at  the  annual  meeting  of  said  parish,  or  oftener,  if  said  pa- 
rish shall  require  it,  exhibit  a  fair  statement  of  their  proceed- 
ings, and  of  the  state  of  the  funds  under  their  management, 
and  are  hereby  severally  made  amenable  and  liable  in 
lav/  to  answer  to  said  parish,  out  of  their  own  estates,  for 
any  embezzlement,  neglect,  or  wilful  mismanagement  of  said 
fund. 

Sect.  11.  Be  it  further  enacted.  That  any  Justice  of  the  Peace 
for  the  county  of  Middlesex,  is  hereby  authorized,  upon  appli- 
cation therefor,  to  issue  his  warrant,  directed  to  one  of  the  trus- 
tees named  in  this  Act,  requiring  him  to  notify  and  call  a  meet- 
ing of  the  said  trustees,  to  be  holden  at  such  convenient  time 


1812. Chap.  21.  413 

and  place,  as  may  be  appointed  in  said  warrant,  to  organize 
the  said  corporation,  by  the  appointment  of  its  officers.  {June 
19,  1812.1 

Au  Act  to  incorporate  the  American  Board  ot  Commissioners  for  Foreign  Missions.  QfiCtp,  21« 

WHEREAS  William  Bartlett,  and  others,   have   been   asso-' 
ciated  under  the  name  of  the  American  Board  of  Commission-' 
ers  lor  Foreign  Missions,  for  the  purpose   of  propagating  the 
gospel  in  heathenjands,  b}i^supj3prting  missionaries,  and   difiu-   - 
sing  a  knowledge  of  ihe  holy  scriptures,  :and   have  prayed   to      '    " 
be  incorporated  in  order  more  effectually  to  promote  the  laud- 
able object  of  their  association. 

Sect.  1.     Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  "iVilliam  Bartlett,  Esq.  and  Samuel  Spring,  D.  D.  both  of  Persons  incor-^ 
Newburyport,  Joseph   Lyman,  D.   D.  of  Hatfield,  Jedediah  porated. 
Morse,  D.  D.  of  Chariestown,  Samuel  Worcester,  D.  D.  of  Sa- 
lem, the  Hon.  William  Phillips,  Esq.  of  Boston,   and  the   Hon. 
John  Hooker,  Esq.  of  Springfield,  and  their  associates,  be.  and 
they  hereby  are  incorporated  and  made  a  body  politic,  by  the 
name  of  the  American   Board   of  Commissioners   ibr   Foreign 
Missions,  and  by  that  name  may  sue   and  be  sued,   plead   and  Power. 
be  impleaded,  appear,  prosecute  and  defend  to  final  judgment 
and  execution  ;  and  in  their  said  corporate  capacity  they,  and 
their  successors  forever,  may  take,  receive,  have  and   hold   in  May  hold  es- 
fee  simple,  or  otherwise,  lands,  tenements,  and   hereditaments,  '^^^* 
by  gift,  grant,  devise,  or  otherwise,  not  exceeding  the  yearly 
value  of  four  thousand  dollars,  and  may  also  take  and  hold  by 
donation,  bequest  or  otherwise,  personal  estate   to  an   amount, 
the  yearly  income  of  which  shall  not  exceed   eight  thousand 
dollars,  so  that  the  estate  aforesaid  shall   be   faithfully  appro-  How  appropri- 
priated,  for  the  purpose  and  object  aforesaid,  and   not  other-  ^'®^* 
wise.     And  the  said  corporation  shall  have  power  to  sell,  con- 
vey, exchange  or  lease,  all  or  any  part  of  their  lands,  tenements, 
or  other  property,  for  the  benefit  of  their  funds  ;  and  may  have 
a  common   seal,  which  they  may  alter  or  renew   at  pleasure. 
Provided  hoxcever,  that  nothing  herein  contained  shall  enable  the  Proviso, 
said  corporation,  or  any  person  or  persons,  as  trustees  for,  or 
for  the  use   of  said  corporation,  to  receive  and  hold  any  gift, 
grant,  legacy,  or  bequest  heretofore  given,  or   bequeathed,   to 
any  person  or  persons  in  trust  for  said  board,  unless  such  per- 
son or  persons  could  by  law  have  taken  and  holden  the  same, 
if  this  Act  had  not  passed. 

Sect.  2.  Be  it  further  enacted,  That  the  said  board  may  an- 
nually choose,  from  among  themselves,  by  ballot,  a  president,  ^''""^^  °^  offi- 
a  vice  president,  and  a  prudential  committee  ;  and  also  from 
among  themselves  or  others,  a  corresponding  secretary,  a  re- 
cording secretary,  a  treasurer,  an  auditor,  and  such  other  offi- 
cers as  they  may  deem  expedient ;  all  of  whom  shall  hold  their 
offices  until  others  are  chosen  to  succeed  them,  and  shall  have 
such  powers,  and  perform  such  duties,  as  the  said  board  may 
order  and  direct ;  and  in  case  of  vacancy  by  death,  resigna- 
tion, or  otherwise,  the  vacancy  may  in  like  manner  be  filled,  at 


414 


1812. 


Chap.  21—22. 


Vacancies 
filleH. 

Treasurer  shall 
give  bond. 


May  make 
coDtiactc. 


Annual  meet- 
ing. 


Members,  how 
admitted. 


May  make 
by-laws. 


Appropriation 
of  income. 


proviso. 


Who  may  t)c- 
corae  members. 


Chap.  22. 


any  le2;al  meeting  of  the  said  board.  And  the  said  treasurer 
shall  give  bond,  with  sufficient  surety  or  sureties,  in  the  judg- 
ment of  the  board,  or  the  prudential  committee,  for  the  faithful 
discharge  of  the  duties  of  his  office. 

Sect.  3.  Be  it  furfher  enacted,  That  all  contracts  and  deeds 
wliich  the  said  board  may  lawfully  make  and  execute,  signed 
by  the  chairm;in  of  said  prudential  committee,  and  countersign- 
ed by  their  clerk  (whom  they  are  hereby  authorized  to  ap- 
point.) and  sealed  with  the  common  seal  of  said  corporation, 
shall  be  valid  in  law  to  all  intents  and  purposes. 

Sect.  4.  Be  it  further  enacted,  That  the  first  annual  meeting 
of  said  board  shall  be  on  the  third  Wednesday  of  September 
next,  at  such  place  as  the  said  William  Bartlett  may  appoint ; 
and  the  present  officers  of  said  board  shall  continue  in  office 
until  others  are  elected. 

Sect.  5.  Be  it  further  enacted^  That  the  said  board,  at  the 
first  annual  meeting  aforesaid,  or  at  any  subsequent  annual 
meeting,  may  elect  by  ballot  any  suitable  persons  to  be  mem- 
bers of  said  board,  either  to  supply  vacancies,  or  in  addition  to 
their  present  number. 

Sect.  6.  Be  it  further  enacted,  That  the  said  board  shall  have 
power  to  make  such  by-laws,  rules,  and  regulations,  for  calling 
futiu'e  meetings  of  said  board,  and  for  the  management  of  their 
concerns,  as  they  shall  deem  expedient,  provided  the  same  are 
not  repugnant  to  the  laws  of  this  Commonwealth. 

Sect.  7.  Be  i I  further  enacted,  That  one  quarter  part  of  the 
annual  income  from  the  funds  of  said  board,  shall  be  faithfully 
appropriated  to  defray  the  expense  of  imparting  the  holy  scrip- 
tures to  unevangelized  nations,  in  their  own  languages  :  Pro- 
vided, that  nothing  herein  contained  shall  be  so  construed  as  to 
defeat  the  express  intentions  of  any  testator  or  donor,  who  shall 
give  or  bequeath  money  to  promote  the  great  purposes  of  the 
board.  Provided  also,  that  nothing  herein  contained  shall  be 
so  construed  as  to  restrict  said  board  from  appropriating  more 
than  one  quarter  of  said  income  to  translating  and  distributing 
the  scriptures,  whenever  they  shall  deem  it  advisable. 

Sect.  8.  Be  it  further  enacted,  That  not  less  than  one  third 
of  said  board,  shall  at  all  times  be  composed  of  respectable 
laymen  ;  and  that  not  less  than  one  third  of  said  board  shall  be 
composed  of  respectable  clergymen  ;  the  remaining  third  to  be 
composed  of  characters  of  the  same  description,  whether  cler- 
gymen or  laymen. 

Sect.  9.  Be  it  further  enacted,  That  the  legislature  of  this 
Commonwealth  shall  at  any  time  have  the  right  to  inspect,  by 
a  committee  of  their  own  body,  the  doings,  funds,  and  proceed- 
ing of  the  said  corporation,  and  may  at  their  pleasure,  alter  or 
annul,  any  or  all  of  the  powers  herein  granted.  [June  20, 
1812.] 

An  Act  to  authorize  the  town  of  Natick  to  sell  the  Ministry  Lands,  and  to  nppro- 
priPte  the  proceeds  thereof  towards  the  ministerial  funds,  and  to  appoint  trus- 
tees for  the  management  thereof. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 


1B12. Chap.  22.  4l5 

iives,  in  General  Court  assembled.,  and  by  the  authority  of  the  same, 
That  the  selectmen  of  the  town  of  Natick  for  the  time  being ; 
the  treasurer  and  the  clerk  of  the  parish,  and  the  deacons  of 
the  church  for  the  time  being,  in  the  said  town  of  Natick,  be, 
and  they  are  hereby  appointed  and  incorporated  as  trustees,  Trustees incor- 
by  the  name  of  Trustees  of  the  Natick  Ministerial  Fund,  and  P°r'i^^«'' 
by  that  name  they  and  their  successors  in  office,  shall  be  and 
continue  a  body  politic  and  corporate  forever  ;  and  they  shall 
have  a  common  seal,  subject  to  alteration,  and  they  may  sue 
and  be  sued  in  all  actions,  real,  personal  and  mixed,  and  pro- 
secute and  defend  the  same  to  final  judgment  and  execution,  by 
the  name  aforesaid,  and  shall  have  all  other  powers  which  are 
incident  to,  and  necessarily  belonging  to  the  like  corporations; 
and  the  said  trustees,  and  their  successors  may  annually  elect 
one  of  their  number  as  president ;  and  a  clerk,  to  record  the 
doings  of  the  said  trustees;  and  a  treasurer,  to  receive  and  pay  Treasurer  t# 
the  monies  belonging  to  the  said  fund,  according  to  the  provi-  6'^^  "°°°' 
sions  of  this  Act,  who  shall  give  bond  to  the  said  trustees,  for 
the  faithful  performance  of  his  duty,  and  shall  be  at  all  times 
responsible  for  the  faithful  application  of  the  monies  which  may 
come  into  his  hands,  conformably  to  the  true  intent  and  mean- 
ing of  this  Act,  and  for  all  neglect,  or  misconduct  in  his  office. 
Sect.  2.  Be  it  further  enacted.,  That  the  said  trustees  be,  and 
they  are  hereby  authorized  and  empowered  to  sell  and  convey 
the  several  lots  of  land  belonging  to  the  town  of  Natick,  which 
have  been,  and  are  appropriated  to  the  support  of  the  ministry 
in  the  said  town  ;  and  the  monies  arising  from  the  sale  of  the 
said  land,  shall  be  put  on  interest,  and  shall  form  a  fund  for  the 
support  of  the  ministry  in  the  said  town,  uhich  shall  be  under 
the  care  and  management  of  the  said  trustees,  in  the  manner 
provided  for,  and  directed  in  this  Act;  and  all  gifts,  grants,  do- 
nations, bequests  or  legacies,  which  have  been,  or  may  be  here- 
after made  to,  and  for  the  same  use  and  purpose,  sliall  be  ad- 
ded to  the  said  accumulating  fund,  and  shall  be  under  the  same 
care  and  improvement  of  the  trustees  aforesaid  ;  and  when  the 
said  trustees  shall  loan  the  said  monies,  or  any  part  thereof,  the 
same  shall  be  secured  by  mortgage  on  real  estate  to  twice  the 
value  of  the  money  loaned,  or  secured  or  by  two  or  more  suf-  Security  df 
ficient  sureties,  with  the  principal,  unless  the  said  trustees  shall  property, 
think  it  best  to  invest  the  said  proceeds  in  public  funded  secu- 
rities, or  bank  stock,  which  they  shall  have  authority  to  do,  and 
the  interest  and  that  only  shall  ever  be  appropriated  for  the 
uses  aforesaid,  and  it  shall  never  be  in  the  power  of  the  said 
trustees  to  alter  or  alienate  the  appropriation  of  the  fund  afore- 
said ;  and  the  said  trustees  are  hereby  authorized  to  make  and 
execute  a  good -and  sufficient  deed,  ordeeds,  of  the  sajd  several 
lots  of  land,  which  shall  be  subscribed  by  the  treasurer,  and  when 
duly  executed,  acknowledged  and  delivered,  by  the  direction 
of  the  said  trustees,  shall  be  valid  and  effectual  in  law  to  pasi 
and  convey  the  fee  simple  title,  from  the  town,  to  the  pur- 
chaser. 


416 


1812. 


Chap.  22—25. 


Trustees  res- 
ponsible« 


Chap. 


25. 


Persons  incor- 
porated. 


Persons  from 
other  towns 
may  join  the 
society. 


Sect.  3.  Be  it  further  enacted,  That  the  said  Trustee*^ 
Treasurer,  Clerk  or  other  officers,  or  persons  employed  by 
them,  shall  be  entitled  to  receive  no  compensation  for  the  ser- 
vices they  may  perform,  out  of  any  monies  belonging  to  the 
said  fund,  but  a  reasonable  compensation  shall  be  paid  thera 
by  the  town  ;  and  the  said  trustees,  and  each  of  them,  shall  be 
responsible  to  the  town  for  their  personal  neglect  or  miscon- 
duct, whether  they  be  officers  or  not,  and  liable  to  prosecution 
for  any  loss  or  damage  resulting  thereby  to  the  fund,  and  the 
debt  or  damage  recovered  in  such  suit,  shall  be  to  the  use  and 
disposal  of  the  town;  and  the  said  trustees  and  treasurer,  and 
their  successors  in  office,  shall  exhibit  to  the  town  a  report  of 
their  doings,  and  the  state  of  the  fund,  at  the  annual  meeting 
in  March  or  April. 

Sect.  4.  Be  it  further  enacted,  That  any  justice  of  the  Peace 
for  the  County  of  Middlesex,  is  hereby  authorized,  upon  ap- 
plication therefor,  to  issue  his  warrant,  directed  to  one  of  the 
trustees  named  in  this  act,  requiring  him  to  notify  and  call  a 
meeting  of  the  said  trustees,  to  be  holden  at  such  convenient 
time  and  place  as  may  be  appointed  in  said  warrant,  to  or- 
ganize the  said  Corporation  by  the  appointment  of  its  officers. 
[June  22,  1812.] 

An  Act  to  establish  the  First  Baptist  Societ}'  in  Framingham. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Benjamin  Haven,  Joseph   Ballard,  William  Bal- 
lard, Samuel  Ballard,  Ephraim  Parkhurst,  Alexander  Clark, 
John  Ballard,  Elisha  Jones.  Nathan   Deadman,   James   Dal- 
rymple,  Alexander  Edwards,  Daniel  Claflin,  Cornelius  Claflin, 
William  Claflin,    Asa  Claflin,  Zedekiah  Sanger,  Gilbert  Mar- 
shall, Isaac  Dench,    Micah   Knowlton,  Michael   Homer,  Eb- 
enezer  Swift,  Nathan  Tombs,  Solomon  Newton,  Mary  Edwards, 
Jesse    Haven,  Joseph   Haven,  Elijah   Haven,  Abner  Mellen, 
James  Greenwood,   Samuel  Winchester,   Amasa  How,   Parly 
How,  JohnGallot,  Elias  How,  Jonathan  Edwards,  James  Fos- 
ter, Ephraim  Biglow,  Samuel  Frost,  Leonard  Arnold,  Joseph 
Tombs,  Moses  Fisk,  Isaac  Fisk,  Thomas  Arnold,  Artemas  Par- 
ker, Obiel  Daniels,  Abijah   Hill,  Jeduthan   Dadman,  Gilbert 
Haven,  John  Dadman,  James  Greenwood,  2d.  and  Levi  Bicknall 
with  their  families  and  their  estates  be,  and  they  hereby  are 
incorporated  as  a    distinct  religious    society  by  the  name  of 
The  First  Baptist  Society  in    Framingham  for  religious  purpo- 
ses only,  and  as  such  shall  have  all  the  powers  and  privileges 
of  other  religious  societies   according  to  the   Constitution  and 
Laws  of  this  Commonwealth, 

Sect.  2.  Be  it  further  enacted.  That  any  person  belonging 
to  the  towns  of  Framingham,  Hopkinton,  or  Holliston,  who 
may  desire  to  join  in  religious  worship  and  become  a  member 
of  the  said  Baptist  society  shall  have  liberty  so  to  do,  by  giv- 
ing notice  of  such  desire  and  intention  in  writing  to  the  Clerk 
of  the  Society  where  such  person  has  formerly  attended  on 


1812. Chap.  25—26.  417 

public  worship,  and  also  a  copy  of  the  said  notice  in  writinsj  (By  ms  di. 
to  the  clerk  of  the  said  Baptist   society,  fifteen   days  previous  J*e°ast.V^^*  *' 
to  the  annual  meeting;  and  such  person  from   the  date  afore- 
said shall  be  considered  a  member  of  the  said  Baptist  society. 

Sect.  3.     Be  it  further  enacted^  That  when    any  member  of  May  leave 
the  said  Baptist  Society  shall  see  cause  to  leave  the   same  and  the  society. 
to  unite  with  any  other  religious   society,  the  like   notice  and 
process  shall  be  made  and  given,  mutatis  mutandis,  as  is  pre- 
scribed in   the    second    section  of  this   act.     Provided  o/rtj«' *,  Proviso, 
that  in  every  case  of  secession  from  one  society  and  joining  to 
another,  the  person  so  seceding  shall  be  holden  by  law  to  pay 
his  or   her  proportion  of  all   parochial  expenses   assessed  and 
not  paid  prior  to  leaving  the  said  society. 

Sect.  4.  Be  it  further  enacted,  That  any  Justice  of  the  justice  may  is- 
Peace  for  the  County  of  Middlesex  is  hereby  authorized  to  £ue  warrant. 
issue  a  warrant  directed  to  a  member  of  the  said  Baptist  so- 
ciety, requiring  him  to  notify  and  warn  the  first  meeting  of 
the  said  society,  to  meet  at  such  convenient  time  and  place  as 
shall  be  expressed  in  said  warrant  for  the  choice  of  such  of- 
ficers as  religious  societies  are  accustomed  to  choose,  and  ap- 
point at  their  annual  meetings.  [Jwne  22,  1812.]  Add.  act — 
1822  ch.  40. 


An  Act  to  change  the  Names  of  certair.  persons  therein  named.  Chrit)    56 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
Joseph  Freeland,  jun.  of  Boston  shall  be  allowed  to  take  the 
name  of  Joseph  Freeland  Bordman,  James  Perkins  son  of  the 
late  Colonel  William  Perkins  of  said  Boston  shall  be  allowed 
to  take  the  name  of  Charles  James  Perkins,  all  of  the  Coun- 
ty of  Suftblk.  John  Mudge  jun.  of  Lynn,  shall  be  allowed  to 
take  the  name  of  Parker  Mudge;  Charles  Kimball  of  Boxford 
shall  be  allowed  to  take  the  name  of  Charles  Harrison  Kim- 
ball ;  George  Smith,  the  seventh  of  that  name  of  Salem,  shall 
be  allowed  to  take  the  name  of  George  King  Smith ;  Jonathan 
Sargent  the  fourth  of  Amesbury,  shall  be  allowed  to  take  the 
name  of  Jonathan  Adams  Sargent;  Jonathan  Morrill,  jun.  of 
said  Amesbury  shall  be  allowed  to  take  the  name  of  Jonathan 
Currier  Morrill,  all  in  the  County  of  Essex  ;  William  Breck 
of  Northampton  in  the  County  of  Hampshire,  shall  be  allow- 
ed to  take  the  name  of  Joseph  Hunt  Breck;  Chauncy  Taylor, 
of  Blanford  in  the  County  of  Hampden,  shall  be  allowed  to 
take  the  name  of  Chauncy  Taylor  Knox.  Rebecca  Cutl(;r  of 
Sudbury  in  the  County  of  Middlesex,  shall  be  allowed  to  take 
the  name  of  Rebecca  Maynard  ;  James  Child,  jun.  of  Augusta  in 
the  County  of  Kennebec,  shall  be  allowed  to  take  the  name  of 
James  Loring  Child  ;  Barden  Sylvester,  Merchant,  of  Bath  in 
the  County  of  Lincoln,  shall  be  allowed  to  take  the  name  of 
Thomas  Barden  Sylvester ;  and  the  said  several  persons  from 
the  time  of  passing  this  act,  shall  be  called  and  known  by  the 
names  which  by  this  act,  they  are  severally  allowed  to  take  as 
aforesaid,  and  the  same  shall  be  considered  as  their  only  pro- 
per and  legal  names.     [June  22,  1812.] 

VOL.  IV.  53 


416 


1812. 


Chap.  27—34. 


Chap»  27. 


None  but  the 
inhabitants    of 
this  state  may 
take  fish, 

without  per- 
mission. 
(Altered  by 
1821  ch.  102.) 

Forfeit   for  of- 
fending. 

Further  for- 
feit. 


Botinciaries 
described. 


Selectmen 
may  sell  li- 
censes. 

(See  1821  ch. 
102.) 


Shall  annual- 
ly choose 
wardens. 

Their  duty. 


Chap,  34. 


Persons  in- 
corporated. 


An  Act  to  prevent  the  destruction  of  the  Lobster  Fishery  in  the  town  of  Province- 
town,  in  the  county  of  Barnstable,  and  to  preserve  and  regulate  the  same  in 
the  waters  and  shores  of  said  town. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled^  and  by  the  authority  of  the 
same^  That  from  and  after  the  first  day  of  July  next  it  shall 
not  be  lawful  for  any  person  living  without  the  jurisdiction  of 
this  Commonwealth  to  take  any  lobsters  within  the  waters  and 
shores  of  the  town  of  rrovincetown  for  the  purpose  of  carry- 
ing away  from  said  waters  in  smacks  and  vessels  owned  with- 
out said  Commonwealth,  without  first  obtaining  a  permit  in 
waiting  from  the  Selectmen  of  the  said  town  of  Proviticetown, 
and  every  person  oftending  against  the  provisions  of  this  act, 
shall  for  every  such  oflfence  forfeit  and  pay  the  sum  of  ten 
dollars,  and  in  case  the  number  of  lobsters  so  unlawfully 
taken  or  found  on  board  any  such  smack  or  other  vessel 
shall  exceed  one  hundred,  such  person  shall  in  addition  to 
such  penalty  forfeit  and  pay  a  further  sum  of  ten  dollars  for 
each  hundred  lobsters  so  taken  or  found,  and  in  that  pro-' 
portion  for  a  larger  or  smaller  number  over  the  first  hun- 
dred. 

Sect.  2.  Be  it  further  enacted,  That  the  waters  and  shores 
of  the  town  of  Provincetown  shall  be  considered  and  taken  by 
this  act  to  extend  as  follows,  beginning  at  Race  point  (so  (fai- 
led) one  half  mile  from  the  shore,  by  said  shore  to  the  end  of 
Long  point  which  forms  the  harbour  of  Provincetown,  and 
from  the  end  of  Long  point,  one  half  anile,  and  including  the 
harbour  within  the  town  of  Provincetown. 

Sect.  3.  Be  it  further  enacted,  That  the  selectmen  of  the 
said  town  of  Provincetown  may  grant  a  permit,  or  otherwise 
license  any  person  or  persons  living  without  the  jurisdic- 
tion of  said  Commonwealth  on  their  paying  therefor  the 
sum  of  one  dollar  to  the  use  of  said  town  of  Provincetown, 
for  every  hundred  lobsters  which  they  may  thus  take  and  car- 
ry away,  or  upon  such  other  terms  and  conditions  as  they  shall 
think  proper. 

Sect.  4.  Be  it  further  enacted.  That  the  said  town  of  Pro- 
vincetown are  hereby  authorized  to  choose  annually  such  num- 
ber of  fish  wardens  as  they  may  judge  necessary,  who  shall 
be  sworn  to  the  faithful  discharge  of  their  duty,  whose  duty 
it  shall  be  to  prosecute  for  all  ofl^ences  against  this  act,  and 
all  fines  and  forfeitures  that  shall  be  incurred  by  virtue  of  this 
act  shall  be  the  one  half  to  him  or  them  who  shall  sue  for  the 
same,  and  the  other  half  to  the  use  of  the  said  town  of  Pro- 
vincetown, and  the  same  shall  be  recovered  with  leg.d  costs  of 
suit  by  an  action  in  any  court  proper  to  try  the  same.  [June 
22,  1812.]     Add  act— 1821  ch.  102. 

An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Boston  Bank. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  anfhorify  of  the 
same,  That  John  T.  Apthorp,  Ebenezer  Francis,  William  Pick- 
man,  William  Pratt,  Isaac  P.  Davis,  William   Sullivan,  Daniel 


1812. Chap.  34.  419 

Sargent,  William  Brown,  Harrison  G.  Otis,  Thomas  C.  Amory, 
Epes  Sargent  and  their  associates,  successors  and  assigns,  shall 
be,  and  hereby  are  created  a  Corporation  by  the  name  of  the 
President,  Directors  and  Company  of  the  Boston  Bank,  and 
shall  so  continue  from  the  first  Monday  of  October  next,  until 
the  first  Monday  in  October  which  will  be  in  the  year  of  Lord 
one  thousand  eight  hundred  and  thirty  one,  and  the  said  Cor- 
poration shall  always  be  subject  to  the  rules,  restrictions,  lim- 
itations, taxes  and  provisions,  and  entitled  to  the  same  rights, 
privileges  and  immunities  which  are  contained  in  an  act  entit- 
led "  An  act  to  incorporate  the  President,  Directors  and  Com-  (tsu  ch.  84.) 
pany  of  the  State  Bank,"  except  in  so  far  as  the  same  are  mod- 
ified, or  altered  by  this  act,  as  fully  and  efi^ectually  as  if  the 
several  sections  of  said  act  were  herein  specially  recited  and 
enacted. 

Sect.    2.     Be  it  further  enacted,  That  the  capital    stock  of 
the  said   Corporation,  shall   consist  of  a  sum,  not  more   than  capital  Stock. 
twelve  hundred  thousand  dollars,  in  gold  and   silver,  to  be  be-  (Rpduceri  by 
sides  such  part  as  this  Commonwealth  may  subscribe  in  man-  I8i6ch,  89.) 
ner  herein   after   mentioned,  divided  into    shares  of  one   hun- 
dred dollars  each,  which  shall   be  paid   in  manner  following, 
that  is  to  say,  one  fourth   part  thereof,  on   or  before  the  first 
day  of  October  next,  and  the  residue  on  the  first  day  of  July  When  to  be 
in  the  year  one   thousand   eight  hundred  and   thirteen,  or  as  P*^^* 
much  sooner,  and   in   such    instalments    as    the   Stockholders 
shall  direct,   and   any  Director  of  the  Boston   Bank,   may  be 
eligible  as   a  director  of  the  Bank  hereby  established,  and  the 
Stockholders  at  their  first  meeting  shall  by  a  majority  of  votes 
determine  the  mode  of  transferring  and  disposing  of  said  stock, 
and  the  profits  thereof  which  being  entered   in  the   books   of 
said  Corporation,  shall  be  binding  on   the  Stockholders,  their 
successors  and  assign^,  until   they  shall   otherwise  determine, 
and  the  said  Corporation  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 
hereditaments,  to  the  amount  of  fifty  thousand  dollars  and  no 
more,  at  any  one  time,  with  power  to  bargain,  sell  and  dispose 
of  the  same,  and  to  loan   and  negotiate  their  monies  and   ef- 
fects, by  discounting  on  banking  principles,  on   such  security 
as  they  shall  think   advisable,  provided  however^   that   nothing  Proviso, 
herein  contained,  shall  restrain  or  prevent  said   Corporation 
from  taking  and  holding  real  estate  in  mortgage  or  on  execu- 
tion, to   any   amount  as  security  for,  or  in  payment  of  any 
debts  due  to  the  said  Corporation,  and  provided  further,  ih^t  no  Proviso, 
monies  shall  be  loaned,  or  discounts  made,  nor  shall  any  bills 
or  fn-omissory  notes  be  issued  from  said  Bank,  until  the  capi- 
tal subscribed  and  paid   in,  and  existing  in  gold  and  silver  in 
their  vaults   shall   amount  to  three  hundred  and   seventy  five 
thousand  dollars,  nor  until  the  said   capital   stock  actually  in 
said  vaults,  shall  have  been  inspected  and  examined  by  three 
Commissioners,  to  be  appointed  by  the  Governor  for  that  pur- 
pose, whose  duty  it  shall  be,  at  the  expense  of  said  Corpora- 
tion, to  examine  and  count  the  monies  actually  existing  in  said 


420 


18  J  2. 


Chap.  34. 


Shall  loan  to 
the  ("onimon- 
weaith. 


Proviso. 


May  call  meet- 
ings. 


May  make 
by-laws. 


Common- 
wealth to  hold 
Stock, 


Treasurer  of 
state  to  be  Di- 
rector. 

(Repealed 
1817  ch.  75.) 


vaults,  and  to  ascertain  by  the  oath  of  the  Directors  of  said 
Bank,  or  some  of  ihein,  that  said  capital  stock  hath  been  bo- 
na tide  ptiid  in  by  the  Stockholders  of  said  Bank,  and  towards 
payment  of  tlieir  respective  shares,  and  not  for  any  other  pur- 
pose, and  it  is  intended  therein  to  remain  as  part  of  said  ca- 
pital, and  to  retui'n  a  certificate  thereof  to  the  Governor. 

Sect.  3.  Be  it  further  enacted.  That  the  said  Bank  shall  be 
established  and  kept  in  the  town  of  Boston  aforesaid. 

Sect.  4.  Be  it  further  enacted,  That  whenever  the  Leg- 
islature shall  require  it,  the  said  Corporation  shall  loan  to  the 
Commonwealth  any  sum  of  money  which  may  be  required, 
not  exceeding  one  hundred  and  twenty  thousand  dollars  at  any 
one  time,  reimbursable  by  five  annual  instalments,  or  at  any 
shorter  peri;)ds,  at  the  election  of  the  Commonwealth,  with 
the  annual  payment  of  interest,  at  a  rate  not  exceeding  five 
per  cent  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  three  hundred 
thousand  dollars. 

Sect.  5.  Be  it  further  enacted,  That  the  persons  herein  be- 
fore named,  or  any  three  of  them  are  authorized  to  call  a  meet- 
ing 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  two  Newspapers  printed  in 
Boston.)  for  the  purpose  of  making,  ordaining  and  establishing 
such  by-laws  and  regulations,  for  the  orderly  conducting  the 
affairs  of  said  corporation  as  the  stockholders  shall  deem  ne- 
cessary, and  for  the  choice  of  the  first  board  of  directors,  and 
such  other  officers  as  they  shall  see  fit  to  choose. 

Sect.  6.  Be  it  further  enacted.  That  in  addition  to  the 
capital  stock  aforesaid  of  twelve  hundred  thousand  dollars,  the 
Commonwealth  shall  be  interested  in  the  said  corporation  lo 
the  amount  of  six  hundred  thousand  dollars,  which  shall  be  paid 
by  an  assignment  to  said  Bank  of  the  stock  now  owned  by  the 
Commonwealth  in  the  Boston  Bank,  to  be  made  by  his  Excel- 
lency the  Governor,  with  the  advice  of  Council,  which  he  is 
hereby  authorized  to  make  under  his  hand,  and  the  seal  of  the 
Commonwealth,  whenever  he  shall  be  certified  that  the  Bank 
established  by  this  act  has  commenced  discounting. 

Sect.  7.  Be  il  further  enacted.  That  the  Treasurer  of  the  CommonweBlth  for 
the  time  being,  shall  ex  officio  be  a  Director  of  said  Bank,  in  addition  to  t  e  di- 
rectors by  law  to  be  rhosen  by  the  Storkh^  Iders,  and  the  Legislature  shall  have  a 
right  from  time  to  time  to  appoint  a  number  of  Directors  of  the  said  Bank,  in  prOf 
portion  as  the  sums  paid  from  the  Treasury  of  the  Commonwealth,  shall  bear  to 
the  whole  amount  of  the  stock  actually  paid  into  the  said  Bank,  if  at  any  time  here- 
after they  shall  judge  fit  to  exercise  that  right. 

Sect.  8.  Be  it  further  enacted,  That  the  Bank  hereby  es- 
tablished, shall  be  authorized  to  receive  from  the  Boston  Bank 
transfers  of  any  bonds,  mortgages,  or  other  securities,  such 
bonds  and  mortgages,  to  be  considered  as  part  of  the  sum 
required  by  this  act  to  be  loaned  on  securities  of  that  descrip' 
tion. 

Sect.  9.  Be  it  further  enacted.  That  whenever  the  Legis- 
lature shall  order  and  direct,  the  said  President,  Directors  and 


1812. Chap.  54—36.  421 

Company,  shall  after  nine  months  notice,  be  held  and  obliged 
to  purchase  of  the  Commonwealth,  its  capital  stock  owned  in 
said  Bank,  or  any  part  thereof  at  par.  Provided^  That  not  Proviso, 
more  than  one  half  of  said  capital  stock  shall  be  thus  purchas- 
ed at  one  time;  and  the  Tretisurer  is  hereby  authorized  from 
time  to  time,  to  transfer  to  the  said  President,  Directors  and 
Company,  such  sums  of  said  capital  stock,  as  shall  by  them  be 
purchased  as  aforesaid,  upon  payment  of  the  purchase  money 
into  the  Treasury.  [June  23,  1812.]  See  1816  ch.  89 :  1817 
ch.  6. 

An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Worcester   C/iQp.  3Q, 
Bank.  ^ 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Daniel  Waldo,  Benjamin  Haywood,  Oliver  Fisk,  Persons  incor- 
Nathaniel  Paine,  fsaiah  Thomas,  Samuel  Flagg,  and  Levi  Lin-  po^ated. 
coin,  jun.  their  associates  successors  and  assigns,  shall  be,  and 
hereby  are  created  a  Corporation  by  the  name  of  The  Presi- 
dent Directors  and  Company  of  the  Worcester  Bank  and  shall 
so  continue  until  the  first  day  of  October,  which  will  be  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-one, 
and  by  that  name  shall  he,  ami  hereby  are  made  capable  in 
law.  to  sue.  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended  in  any  Courts  of  Record  or  any  place  whatever,  and 
also  to  make,  have,  and  use  a  common  seal,  and  to  ordain,  es- 
tablish and  put  in  execution  such  by-laws,  ordinances  and  re- 
gulations as  to  them  may  appear  necessary  and  convenient,  for 
the  government  of  said  corporation  and  the  prudent  manage- 
-  ment  of  their  affairs.  Provided,  such  by-laws,  ordinances,  and  Proviso, 
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  pro- 
visions herein  prescribed. 

Sect.  2.  Be  it  further  enacted,  That  the  capital  stock  of  Capital  stock; 
the  said  corporation  shall  consist  of  the  sum  of  two  hundred 
thousand  dollars,  in  gold  and  silver  divided  into  shares  of  one 
hundred  dollars  each,  which  shall  be  paid  in  at  four  equal  in- 
stalments, the  first  on  the  first  day  of  October  next,  the  second 
on  the  first  day  of  January  next  after,  the  third  on  the  first 
day  of  April  next  after,  and  the  fourth  on  the  first  day  of  July 
next  after  ;  or  at  such  earlier  times  as  the  stockholders  at  any 
meeting  thereof  may  order.  And  the  stockholders  at  their  first 
meeting  shall  by  a  majority  of  votes,  determine  the  mode  of 
transferring  and  disposing  of  said  slock  and  the  profits  thereof, 
which  being  entered  on  the  books  of  said  corporation,  shall  be 
binding  on  the  stockholders,  their  successors  and  assigns,  and 
the  said  corporation  are  hereby  made  capable  in  law  to  have, 
hold,  purchase,  receive,  possess,  enjoy  and  retain  to  them  their  May  hold  es- 
successors,  and  assigns,  lands,  rents,  tenements,  and  heredita-  tate. 
ments  to  the  amount  of  thirty  thousand  dollars,  and  no  more, 
at  any  one  time,  with  power  to  bargain,  sell,  and  dispose  of  the 
pqime,  and  to  loan  and  negotiate  their  monies  and  effects,  by 


422 


1812. 


Chap.  36. 


Proviso, 


1811  ch.  34. 


Proviso. 


Bond  of  the 
Ca.shi«;r. 


Legislature 
shall  haV'   ac- 
cess to  vaults, 
&c. 


May  hold 
■meeting. 


Shall  exhibit 
a  statement  of 
accounts. 


discounting  on  banking  principles  on  such  security  as  they 
shall  think  proper.  Provided  hojoever,  That  nothing  herein 
contained,  shall  restrain  or  prevent  the  said  corporation  from 
taking  and  holding  real  estate  in  mortgage,  or  on  execution  to 
any  amount  as  security  for,  or  in  payment  of  any  debts  due  to 
the  said  corporation  ;  and  provided  further,  that  no  money 
shall  be  loaned  or  discounts  made,  nor  shall  any  bills  or  pro- 
missory notes  be  issued  from  said  bank,  until  the  capital  sub- 
scribed and  actually  paid  in,  and  existing  in  gold  and  silver  in 
their  vaults  shall  ;imount  to  fifty  thousand  dollars. 

Sect.  3.  Be  it  further  enacted.  That  the  rules,  restrictions, 
limitations,  reservations  and  provisions,  which  are  provided  in 
and  by  the  third  section  of  an  Act,  entitled,  "  An  Act  to  incor- 
porate the  President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established,  pro- 
vided only  that  any  Director  of  the  Worcester  Bank  now  exist- 
ing may  be  eligible  as  a  director  of  the  bank  hereby  establish- 
ed ;  that  the  bond  rerjuired  to  be  given  by  the  Cashier,  shall 
be  given  in  the  penalty  of  twenty  thousand  dollars,  that  the 
nnniber  of  Directors  to  be  annually  chosen  shall  be  seven,  and 
four  may  constitute  a  quorum  for  the  transaction  of  business. 
And  provided  also,  That  the  amount  of  bills  at  any  time  issued 
from  said  bank  shall  not  exceed  fifty  per  cent  beyond  the  capi- 
tal stock  actually  paid  in. 

Sect.  4.  Be  it  further  enacted,  That  the  said  Bank  shall  be 
established  and  kept  in  the  town  of  Worcester  in  the  county  of 
Worcester. 

Sect.  5.  Be  it  further  enacted,  That  any  Committee  specially 
appointed  by  the  Legislature  for  the  purpose,  shall  have  a  right 
to  examine  into  the  doings  of  said  corporation  and  shall  have 
free  access  to  all  their  books  and  vaults,  and  if  upon  such  an 
examination  it  shall  be  found,  and  after  a  full  hearing  ot  said 
corporation  thereon  be  determined  by  the  Legislature  that  said 
corporation  have  exceeded  the  power  herein  granted  them  or 
failed  to  comply  with  any  of  the  rules,  restrictions  and  condi- 
tions in  this  act  provided,  their  incorporation  may  thereupon 
be  declared  forfeited  and  void. 

Sect.  6.  Be  it  farther  enacted.  That  the  persons  herein 
before  named,  or  any  three  of  them  are  authorized  to  call  a 
meeting  of  the  members  and  stockho'ders  of  said  corporation 
as  soon  as  may  be,  at  such  time  and  place  as  they  may  see  fit 
(by  advertising  the  same  for  three  weeks  successively  in  the 
National  J^gis  and  Massachusetts  Spy.)  for  the  purpose  of 
making,  ordaining  and  establishing  such  by-laws  ordinances 
and  regulations  for  the  orderly  conducting  the  affairs  of  said 
corporation  as  the  said  Stockholders  shall  deem  necessary,  and 
for  the  choice  of  the  first  board  of  Directors,  and  such  other 
officers  as  thev  shall  see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted.  That  it  shall  be  the  duty  of 
the  Directors  of  said  Bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amount  of  the  capital  stock 


1812 Chap.  36.  42S 

of  said  corporation,  and  of  debts  due  to  the  same,  of  the  monies 
deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
silver  and  copper  coin,  and  the  bills  of  other  banks  on  hand, 
which  statement  shall  be  signed  by  the  Directors,  and  attested 
by  the  Cashier,  and  shall  be  verified  by  oath  or  affirmation  be- 
fore some  person  competent  to  administer  the  same. 

Sect.  8.     Be  it  further  enacted^  That  the   said  corporation  Shall  pay  al- 
shali   be  liable  to  pay  to  any   bona  fide   holder  the  original  terednotef. 
amount  of  any  note  of  said   bank  counterfeited  or  altered,  in 
the  course  of  its  circulation  to  a  larger  amount,  notwithstand- 
ing such  alteration. 

Sect.  9.     Be  it  further  enacted^  That  the  said  corporation  Shall  pay  a  tajt 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by  ^"  ^^^  1c  '^' 
way  of  tax  to  the  Treasurer  of  this  Commonwealth  for  the  use  *"'^^'^°     *  *' 
of  the  same,  within  ten  days   after  each  semiannual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall  at  the  time  of  said  dividend   have   been  actually 
paid  in.    Provided  however^  That  the  same  tax  payable  in  man-  Proviso, 
ner  aforesaid  shall  be  required  by  the  Legislature  of  all  banks, 
that  shall  be  hereafter  incorporated  within  this  Commonwealth, 
and  provided  further,  that  nothing  herein  shall  be  construed  to 
impair  the  rights  of  the  Legislature  to  lay  a  tax  upon  any  bank 
already  incorporated   under  the    authority  of  this  Common- 
wealth whenever  they  may  see  fit  so  to  do. 

Sect.   10.     Be  it  further,  enacted.  That  one  tenth  part  of  the  Amount  to  b« 
whole  funds  of  said   bank  shall    always   be    appropriated    to  ''PP'^P^ated 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  and  where- 
in the  Directors  shall  wholly  and  exclusively  regard  the  agri- 
cultural and  manufacturing  interest,  which  loans  shall  be  made 
in  sums  not  less  than  one  hundred  dollars,  nor  more  than  five  Amount  of 
hundred  dollars,  and  upon  the  personal  bond  of  the  borrower,  '°^"** 
with  collateral  security  by   a   mortgage   of  real  estate  to  the  Security  for 
satisfaction  of  the  Directors  of  said  Bank,  for  a   term  not  less  'oans. 
than  one  year,  and  on  condition  of  paying  the  interest  annual- 
ly on  such  loans  subject  to  such   forfeitures,  and  right   of  re- 
demption as  is  by  law  prescribed  in  other  cases.     Provided  ProTieo. 
however,  That  the  said  bank  may  take,  receive  and    hold  by 
assignment   any   such   mortgages  as  are  already  held  by  the 
existing  Bank  in  the  town  of  Worcester,  and  which  may  be  as- 
signed and  taken  by  agreement  between  the  two  corporations, 
the  amount  of  which   shall   be  deemed  and  considered  as  an 
original  loan  to  be  made  as  above  directed. 

Sect.   11.     Be  it  further  enacted.  That  whenever  the  Legis-  Shall  loan  t* 
lature  shall  require  it,  the  said  corporation  shall  loan  to  the  ^^^  Common- 
Commonwealth  any  sum  of  money  not  exceeding  ten  per  centum  ^^^    ' 
of  the  amount  of  the  Capital  Stock  actually  paid  in  at  any 
one  time  reimbursable   by   five   annual   instalments  or  at  any 
shorter  period  at  the  election  of  the  Commonwealth   with  the 
annual  payments  of  interest,  at  a  rate  not  exceeding  five  per 
centum  per  annum.     Provided  however.  That  the  Commonwealth  Proris*. 
shall  never  at  any  time,  stand  indebted  to  said  corporation 
without  their  consent  for  a  larger  sum  than  tw^enty  per  centum 
of  the  capital  stock  actually  paid  in. 


424 


1812. 


Chap.  36—38. 


Persons  incor 
porated. 


How  long  to 
continue. 


1811  ch.  84. 


Common-  Sect.  12.     Be  it  further  enacted.  That  the  CommoTi wealth 

wealth  may       shall  have  a  riffht  whenever  the  Le2;islature  shall  make  pro> 

hold  stock.  ••11*11  ^       r      1         r~i  11 

vision  by  law  to  subscribe  on  account  ot  the  Commonwealth  a 
sum  not  exceeding  one  hundred  thousand  dollars,  to  be  added 
to  the  capital  stock  of  said  company,  subject  to  such  rules,  re- 
gulations and  provisions  as  shall  be  by  the  Legislature  made 
and  established  as  to  the  management  thereof.  [June  23, 
1812.] 

\jh(tp,  38.        An  Act  to  incorporate  the  Piesident,  Directors  and  Company  of  the  Union  Bank. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assemblrd,  and  by  the  authority  of  the  snme^ 
That  Oliver  Wendell,  Samuel  Brown,  Stephen  Codman,  Tho- 
mas L.  Winthrop,  Henderson  Inches,  John  WeSles,  Benjamin 
Joy,  Benjamin  Bussey,  S.imuel  Cobb,  Timothy  Bigelow.  John 
Davis,  Josiah  Quincy,  and  their  associates,  successors  and  as- 
signs, shall  be  and  are  hereby  created  a  Corporation,  by  the 
name  of  the  President,  Directors  and  Company  of  the  Union 
Bank ;  and  shall  so  continue  from  the  first  Monday  of  October 
next,  until  the  first  Monday  of  October,  which  shall  be  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-one, 
and  the  said  corporation  shall  always  be  subject  to  the  rules, 
reservations,  restrictions,  limitations,  taxes  and  provisions,  and 
entitled  to  the  same  rights,  privileges  and  immunities  which 
are  contained  in  an  Act,  entitled,  "  An  Act  to  incorporate  the 
President,  Directors  and  Company  of  the  State  Bank,"  except 
so  far  as  the  same  are  modified  or  altered  by  this  act,  as  fully 
and  effectually  as  if  the  several  sections  of  said  act,  were  here- 
in specially  recited  and  enacted. 
Capital  stock.  Sect.  2.  Be  it  further  enaded,.  That  the  capital  stock  of 
said  corporation  shall  consist  of  a  sum  not  more  than  eight 
hundred  thousand  dollars,  in  gold  and  silver,  to  be,  besides 
such  part  as  this  Commonwealth  shall  subscribe  in  manner 
hereafter  mentioned,  divided  into  shares  of  one  hundred  dol- 
lars each,  which  shall  be  paid  in  manner  following,  that  is  to 
say,  one  fourth  part  thereof  on  or  before  the  first  day  of  Octo- 
ber next,  and  the  residue  on  the  first  day  of  July,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirteen,  or  as 
much  sooner,  and  in  such  instalments  as  the  Stockholders  shall 
direct,  and  any  Director  of  the  Union  Bank  may  be  eligible  as 
a  Director  of  the  Bank  hereby  established  ;  and  the  Stock- 
holders at  their  first  meeting  shall  by  a  majority  of  votes  de- 
termine the  mode  of  transferring  and  disposing  of  said  stock 
and  profits  thereof,  which  being  entered  in  the  books  of  said 
corporation  shall  be  binding  oi.  the  Stockholders,  their  succes- 
sors and  assigns,  until  they  shall  otherwise  determine,  and  the 
the  said  corporation  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  heredita- 
ments, to  the  amount  of  one  hundred  thousand  dollars,  and  no 
more  at  any  one  time,  with  power  to  bargain,  sell  and  dispose 
of  the  same,  and  to  loan  and  negotiate  their  monies  and  effects, 
by  discounting  on  banking  principles,  on  such  security  as  they 


When  to  be 
paid  in. 


May  hold    e 
?ate. 


1812. Chap.  38.  425 

shall  think  advisable.     Provided  however,  That  nothing  herein  Proviso, 
contained  shall  restrain  or  prevent  the   said  corjwration  from 
taking  and  holding  real  estate  in  mortgage  or  on  an  execution, 
to  any  amount  as  security  for,  or  in  payment  of  any  debts  due 
to  said   corporation.     Jlnd  provided  furtlier,    That  no  monies  Proviso. 
shall  be  loaned,  or  discounts  made,  nor  shall  any  bills  or  pro- 
missory  notes   be   issued    from    said   bank,  until   the  capital 
subscribed  and  paid  in,  and  existing  in  gold  and  silver  in  their 
vaults,  shall  amount  to  two  hundred  and  forty  thousand  dol- 
lars, nor  until   the  said  capital  stock  actually  in  said  vaults 
shall  have  been   inspected  and   examined  by  three  Commis-  Commissioners 
sioners,  to  be  appointed  by  the  Governor    for  that  purpose,  appo">^ed. 
whose  duty  it  shall  be,  at  the  expense  of  said  corporation,  to  Their  duty, 
examine  and  count  the  monies  actually  existing  in  said  vaults, 
and  to  ascertain  by  the  oath  of  the  Directors  of  said  Bank,  or 
some  of  them,  that  said  capital  hath  been,  bona  fide,  paid  in  by 
the  Stockholders  of  said  Bank,  and  towards  paj^ment  of  their 
respective  shares,   and  not  for  any  other  purpose,  and  it  is  in- 
tended therein  to  remain  as  part  of  said  capital,  and  to  return 
a  certificate  thereof  to  the  Governor. 

Sect.  3.     Be  it  further  enacted,   That  the  said  bank  shall 
be  established  and  kept  in  the  town  of  Boston. 

Sect.  4.     Be  it  further  enacted,  That  whenever  the  Legis-  Siiaiiloanto 
lature  shall  require  it,  the  said  corporation   shall   loan    to  the  **^®  Common- 
Commonwealth  any  sum  of  money  which  may  be  required,  not 
exceeding  eighty  thousand  dollars  at  any  one  time,  reimbursa- 
ble by  five  annual  instalments,  or  at  any  shorter  period,  at  the 
election  of  the  Commonwealth,  with  the  annual  payment  of  in- 
terest at  a  rate  not  exceeding  five  per  centum  per  annum.     Pro-  Proviso. 
vided  however.  That  the  Commonwealth  shall  never  at  any  one 
time  stand  indebted  to  said  corporation  without  their  consent, 
for  a  larger  sum  than  two  hundred  thousand  dollars. 

Sect.   5.     Be  it  further   enacted.    That   the   persons  herein  May  call  meet- 
before  named,  or  any  three  of  them,  are  authorized   to  call  a  '"S^* 
meeting  of  the  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  two  newspapers  printed  in  Boston,  for  the  pur- 
pose of  making,  ordaining,  and  establishing   such  by-laws  and  May  make  by- 
regulations  for  the  orderly  conducting  the  affairs  of  said  corpo-  ^^^'®' 
ration,  as  the  Stockholders  shall  deem  necessary,  and  for  the 
choice  of  the  first  board  of  Directors  and  such  other  officers  as 
they  shall  see  fit  to  choose. 

Sect.  6.  Be  it  farther  enacted.  That  in  addition  to  the  Common- 
capital  stock  aforesaid  of  eight  hundred  thousand  dollars  the  wealth  may  be 
Commonwealth  shall  be  interested  in  said  corporation  to  the 
amount  of  four  hundred  thousand  dollars,  which  shall  be  paid 
by  an  assignment  to  said  bank  of  the  stock  now  owned  by  the 
Commonwealth  in  the  Union  Bank,  to  be  made  by  his  Excel- 
lency the  Governor,  with  advice  of  the  Council,  which  he  is 
hereby  authorized  to  make,  under  his  hand  and  the  seal  of  the 
Commonwealth  whenever  he  shall  be  certified  that  the  bank 
established  by  this  act  has  commenced  discounting. 

VOL.   IV.  54 


426 


1812. 


Chap.  38—39. 


Secretary  of 
slate  shall  be 
a  director. 
Legislature 
may  appoint 
directors. 
(Repealed 
1817  ch.  75.) 


Shall  purchase 
the  stock  own- 
ed by  the 
Common- 
wealth. 

Proviso. 


Sect.  7.  Be  it  further  enacted,  That  the  Secretary  of  the  Commonwealth, 
for  the  time  being,  shall,  ex  officio,  be  a  Director  of  said  Bank,  in  addition  to  the 
Directors  by  Law  to  be  chosen  by  the  Stockholders  ;  and  the  Legislature  shall 
have  a  right,  from  time  to  time,  to  appoint  a  number  of  Directors  of  said  Bank,  in 
the  proportion  that  the  sums  paid  in  from  the  Treasury  of  the  Commonwealth 
shall  bear  the  whole  amount  of  the  stock  actually  paid  into  said  Bank,  if  at  any 
time  hereafter  they  shall  see  fit  to  exercise  that  right. 

Sect.  8.  Be  it  further  enacted,  That  the  Bank  hereby  es- 
tablished, shall  be  authorized  to  receive  from  the  Union  Bank, 
transfers  of  any  bonds,  mortgages,  or  other  securities ;  such 
bonds  and  mortgages  to  be  considered  as  a  part  of  the  sum  re- 
quired by  this  Act  to  be  loaned  on  securities  of  that  descrip- 
tion. ' 

Sect.  9.  And  be  it  further  enacted,  That  whenever  the  Le- 
gislature shall  order  and  direct,  the  said  President,  Directors 
and  Company,  shall  after  nine  months  notice,  be  held  and 
obliged  to  purchase  of  the  Commonwealth,  its  capital  stock 
owned  in  said  Bank,  or  any  part  thereof  at  par.  Provided, 
That  not  more  than  one  half  of  said  capital  stock,  shall  be  thus 
purchased  at  one  time,  and  the  Treasurer  is  hereby  authorized 
from  time  to  time  to  transfer  to  the  said  President,  Directors 
and  Company,  such  sums  of  said  capital  stock  as  shall  by  them 
be  purchased  as  aforesaid,  upon  payment  of  the  purchase  mo- 
ney into  the  Treasury.     [^June  23,  1812.] 


Chap.  39. 


Persons  incor- 
porated. 


Proviso. 


Capital  stock, 

[Increased — 
1817  ch.  158.] 

when  to  be 
paid. 


An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Phoenix  Bank. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, m  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Daniel  Coffin,  Isaac  Colfin,  Silvanus  Macy,  Zenas 
Coffin,  Obed  Macy,  James  Barker,  Paul  Gardner,  jun.  George 
Gardner,  2d.  their  associates,  successors,  and  assigns  shall  be, 
and  hereby  are  created  a  corporation,  by  the  name  of  The 
President,  Directors  and  Company  of  the  Phoenix  Bank,  and 
shall  so  continue  from  the  first  day  of  October  next,  for  the 
term  of  nineteen  years  next  ensuing,  and  by  that  name  shall 
be,  and  hereby  are  made  capable  in  law,  to  sue,  and  be  sued, 
plead  and  be  impleaded,  defend  and  be  defended  in  any  Courts 
of  Record  or  any  other  place  whatever,  and  also  to  make, 
have,  and  use  a  common  seal,  and  to  ordain,  establish  and  put 
in  execution  such  by-laws,  ordinances  and  regulations  as  to 
them  may  appear  necessary  and  convenient,  for  the  govern- 
ment of  the  said  corporation  and  the  prudent  management  of 
their  affairs.  Provided,  Such  by-laws,  ordinances  and  regula- 
tions, 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  here- 
in prescribed. 

Sect.  2.  Be  it  further  enacted,  That  the  capital  stock  of  the 
said  corporation  shall  consist  of  one  hundred  thousand  dollars 
in  gold  and  silver,  divided  into  shares  of  one  hundred  dollars 
each,  one  quarter  part  thereof  shall  be  paid  in  on  the  first  day 
of  October  next,  and  the  residue  on  or  before  the  first  day  of 
July  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirteen  ;  and  the  stockholders  at  their  first  meeting  shall  by  a 
majority  of  votes,  determine  the  mode  of  transferring  and  dis- 


1812. Chap.  39.  427 

posing  of  said  stock  and  the  profits  thereof,  which  being  enter- 
ed in  the  books  of  said  corporation,  shall  be  binding  on  the 
stockholders,  their  successors  and  assigns,  and  the  said  corpo- 
ration are  hereby  made  capable  in  law  to  have,  hold,  pur-  May  hold  es- 
chase,  receive,  possess,  enjoy  and  retain  to  them,  their  succes-  *^"' 
sors,  and  assigns,  lands,  rents,  tenements,  and  hereditaments  to 
the  amount  of  twelve  thousand  dollars,  and  no  more  at  any 
one  time,  with  power  to  bargain,  sell  and  dispose  of  the  same, 
and  to  loan  and  negotiate  their  monies  and  effects,  by  discount- 
ing on  banking  principles  on  such  security  as  they  shall  think 
advisable.  Provided  hozcevei;  That  nothing  herein  contained,  Proviio. 
shall  restrain  or  prevent  the  said  corporation  from  taking  and 
holding  real  estate  in  mortgage,  or  on  execution,  to  any  amount 
as  security  for,  or  in  payment  of  any  debts  due  to  the  said 
corporation,  and  provided  further,  that  no  money  shall  be  loan- 
ed or  discounts  made,  nor  shall  any  bills  or  promissory  notes 
be  issued  from  said  bank,  until  the  capital  subscribed  and  ac- 
tually paid  in,  and  existing  in  gold  and  silver  in  their  vaults, 
shall  amount  to  twenty-five  thousand  dollars,  no  part  of  which 
shall  be  vested  in  real  estate. 

Sect.  3.     Be  it  further  enacted.    That  the   rules,   limitations 
and  provisions,  which  are  provided  in  and  by  the  third  section 
of  an  Act,  entitled,  "An  Act  to  incorporate  the  President,  Di-  (i8llch.84.) 
rectors  and  Company  of  the  State  Bank,"  shall  be  binding  on 
the  bank  hereby  established.     Provided,  That  the  bond  requir- 
ed to  be  given  by  the  cashier,  shall  be  given  in  the  penalty  of  Cashier  shall 
twenty  thousand  dollars,  and  that  the  number  of  Directors  to  g'^^  bonds. 
be  annually  chosen  shall  be  nine,  and   five  may  constitute  a 
quorum  for  the  transaction  of  business,  and  provided  also  that 
the  amount  of  debts  at  any  time  due  from  said  bank  shall  not 
exceed  fifty  per  cent  beyond  the  capital  stock  actually  paid  in. 

Sect.  4.     Be  it  farther  enacted,  That  the  said  Bank  shall  be 
established  and  kept  in  the  town  of  Nantucket. 

Sect.  5.     Be  it  further  enacted,  That  any  committee  special-  Legislature 
ly  appointed   by  the  Legislature  for  the  purpose,  shall  have  a  shall  have  ac- 
right  to  examine  into  the  doings  of  said  corporation,  and  shall  ^^^^'  **^* 
have  free  access  to  all  their  books  and  vaults,  and  if  upon  such 
an  examination   it  shall  be  found,   and  after  a  full  hearing  of 
said  corporation  thereon  be  determined  by  the  Legislature  that 
said  corporation  have  exceeded  the  power  herein  granted  them,  ■ 

or  failed  to  comply  with  any  of  the  rules,  restrictions,  and  con- 
ditions in  this  Act  provided,  their  incorporation  may  thereupon 
be  declared  forfeited  and  void. 

Sect.  G.  Be  it  further  enacted,  That  the  persons  herein  be- 
fore  named,  or  any  three  of  them  are  authorized  to  call  a  meet-  \f^J^ 
ing  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  for  three  weeks  successively  in  the 
town  of  Nantucket)  for  the  purpose  of  making,  ordaining  and 
establishing  such  by-laws,  ordinances  and  regulations  for  the 
orderly  conducting  the  affairs  of  the  said  corporation,  as  the 
said  stockholders  shall  deem  necessary,  and  for  the  choice  of 


428 


1812. 


Chap.  39. 


Shall  exhibit 
staicment. 


Altered  notes. 


Shall  pay  tax 
to  Common- 
wealth. 


Proviso. 


Shall  loan  to 
the  Common- 
wealth. 


fvoviso. 


CommoH- 
wealth  to  hold 
stock. 


Amount  to  be 
appropriated 
to  loans. 


the  first  board  of  directors,  and  such  other  officers  as  they  shall 
see  fit  to  choose. 
1  Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  directors  of  said  Bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amounts  of  the  capital  stock 
of  said  corporation  and  of  debts  due  to  the  same,  of  the  monies 
deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
silver,  and  copper  coin,  and  the  bills  of  other  banks  on  hand, 
which  statement  shall  be  signed  by  the  directors,  and  attested 
by  the  cashier,  and  shall  be  verified  by  oath,  or  affirmation, 
before  some  person  competent  to  administer  the  same. 

Sect.  8.  Be  it  further  enacted.  That  the  said  corporation 
shall  be  liable  to  pay  to  any  bona  fide  holder  the  original  amount 
of  any  note  of  said  bank,  counterfeited  or  altered,  in  the  course 
of  its  circulation  to  a  larger  amount,  notwithstanding  such  al- 
teration. 

Sect.  9.  Be  it  further  enacted,  That  the  said  corporation 
from  and  after  the  first  Monday  of  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twelve,  shall  pay  by  way 
of  tax  to  the  treasiu-er  of  this  Commonwealth  for  the  use  of  the 
same,  within  twenty  days  after  each  semi-annual  dividend,  the 
half  of  one  per  cent,  on  the  amount  of  the  original  stock  which 
shall  at  the  time  of  said  dividend  have  been  actually  paid  in. 
Provided  however.  That  the  same  tax  payable  in  manner  afore- 
said, shall  be  required  by  the  Legislature,  of  all  banks,  that 
shall  be  hereafter  incorporated  within  this  Commonw^ealth. 
And  provided  further,  That  nothing  herein  shall  be  construed 
to  impair  the  rights  of  the  Legislature  to  lay  a  tax  upon  any 
bank  already  incorporated  under  the  authority  of  this  Com- 
monwealth, whenever  they  may  see  fit  so  to  do. 

Sect.  10.  Be  it  further  enacted,  That  whenever  the  Le^^isla- 
ture  shall  require  it,  the  said  corporation  shall  loan  to  the  Com- 
monwealth  any  sum  of  money  which  may  be  required,  not  ex- 
ceeding ten  per  centum  of  the  amount  of  the  capital  stock  actu- 
ally paid  in,  at  any  one  time,  reimbursable  by  five  annual  in- 
stalments or  at  any  shorter  period  at  the  election  of  the  Com- 
monwealth, with  the  annual  payments  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 
twenty  per  centum  of  the  capital  stock  actually  paid  in. 

Sect.  H.  Be  it  further  enacted,  That  the  Commonwealth 
shall  have  a  right  whenever  the  Legislature  shall  make  provi- 
sion by  law  to  subscribe  on  account  of  the  Commonwealth  a 
sum  not  exceeding  fifty  thousand  dollars,  to  be  added  to  the 
capital  stock  of  said  company,  subject  to  such  rules,  regulations 
and  provisions  as  shall  be  by  the'Lcgislature  made  and  estab- 
lished as  to  the  management  thereof. 

Sect.  12.  Be  it  further  enacted,  That  one  tenth  part  of  the 
whole  fonds  of  said  bank,  shall  always  be  appropriated  to 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  and  where^ 


1812. Chap.  39—40.  429 

in  the  directors  shall  wholly  aad  exclusively  regard  the  agri- 
cultural and  manufacturing  interest,  which  loans  shall  be  made 
in  sums  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  and  upon  the  personal  bond  of  the  borrower, 
with  collateral  security  by  a  mortgage  of  real  estate  to  the  sa- 
tisfaction of  the  directors  of  said  bank,  for  a  term  not  less  than 
one  year,  and  on  condition  of  paying  the  interest  annually  on 
such  loans,  subject  to  such  forfeitures,  and  right  of  redemption 
as  is  by  law  provided  in  other  cases.  [June  23,  1812.]  See 
act— 1817  ch.  158. 


An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Salem  Bank.   Chap,  40. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Joseph   Peabody,  Nathaniel  Silslbee,  Ichabod  Ni-  Persons  incoi-- 
chols,  Moses  Townshend,  John  Derby,  Jonathan  Neal,  and  porated. 
Benjamin  Peirce,  their  associates,  successors  and  assigns,  shall 
be,  and  hereby  are  created  a  corporation,  by  the  name  of  The 
President,  Directors   and  Company  of  the  Salem  Bank,  and 
shall  so  continue  until   the  first  day  of  October,  which  will  be  How  long  to 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-  continue, 
one,  and  by  that  name  shall  be,  and  hereby  are  made  capable 
in  law,  to  sue,  and  be  sued,  plead   and  be  impleaded,  defend 
and  be  defended  in  any  Courts  of  Record  or  any  place  what- 
ever, and  also  to  make,   have,   and  use  a  common  seal,  and  to 
ordain,  establish  and  put  in  execution  such  by-laws,  ordinances 
and  regulations  as  to  them  may  appear  necessary  and  conve- 
nient, for  the  government  of  said  corporation  and  the  prudent 
management  of  their  affairs.     Provided  such  by-laws,  ordinan-  Proviso, 
ces,  and  regulations,  shall  in  no  wise  be  contrary  to  the  consti- 
tution and  laws  of  this  Commonwealth,  and  the  said  corpora- 
tion shall  be  always  subject  to  the  rules,  restrictions,  limitations 
and  provisions  herein  prescribed. 

Sect.  2.     Be  it  further  enacted,  That  the  capital  stock  of  the  capital  Btock. 
said  corporation  shall  consist  of  the  sum  of  two  hundred  thou-  (increased  by 
sand  dollars,  in  gold  and  silver,  divided  into  shares  of  one  hun-  1822  ch.  69.) 
dred  dollars  each,   which  shall  be  paid  in  at  four  equal  instal- 
ments, the  first  on  the  first  day  of  October  next,  the  second  on 
the  first  day  of  January  next  after,  the  third  on   the  first  day 
of  April  next  after,  and  the  fourth  on  the  first  day  of  July  next 
after ;  or  at  such  earlier  times  as  the  said  stockholders  at  any- 
meeting  thereof  may  order.     And  the  stockholders  at  their 
first  meeting  shall  by  a  majority  of  votes,  determine  the  mode 
of  transferring  and  disposing  of  said  stock  and  the  profits  there- 
of, which  being  entered  on  the  books  of  said  corporation,  shall 
be  binding  on  the  stockholders,  their  successors  and   assigns, 
and  the  said  corporation   are  hereby  made  capable  in  law  to 
have,  hold,  purchase,  receive,  possess,  enjoy  and  retain  to  May  hold  et,- 
them  their  successors,  and  assigns,  lands,  rents,  tenements,  and  tate. 
hereditaments  to  the  amount  of  thirty  thousand  dollars,  and  no 
more,  at  any  one  time,  with  power  to  bargain,  sell,  and  dispose 
of  the  same,  and  to  loan  and  negotiate  their  monies  and  effects, 
by  discounting  on  banking  principles  on  such  security  as  they 


430 


1812. 


Chap.  40. 


Proviso.  shall   think  proper.     Provided  however,    That  nothing  herein 

contained,  shall  restrain  or  prevent  the  said  corporation  from 
taking  and  holding  real  estate  in  mortgage,  or  6n  execution  to 
anj  amount  as  security  for,  or  in  payment  of  any  debts  due  to 
the  said  corporation ;  and  provided  further,  that  no  money  shall 
be  loaned  or  discounts  made,  nor  shall  any  bills  or  promissory 
notes  be  issued  from  said  bank,  until  the  capital  subscribed 
and  actually  paid  in,  and  existing  in  gold  and  silver  in  their 
vaults  shall  amount  to  fifty  thousand  dollars. 

Sect.  3.     Be  it  further  enacted,  That  the  rules,  restrictions, 
limitations,  reservations  and  provisions,  which  are  provided  in 

(1811  ch.  84.)  and  by  the  third  section  of  an  Act,  entitled,  "  An  Act  to  incor- 
porate^ the  President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established. 
Provided,  That  any  Director  of  the  Salem  Bank  now  existing 
may  be  eligible  as  a  Director  of  the  bank  hereby  established ; 
and  that  the  bond  required  to  be  given  by  the  cashier,  shall  be 
given  in  the  penalty  of  twenty  thousand  dollars,  and  that  the 
number  of  Directors  to  be  annually  chosen  shall  be  seven,  and 
four  may  constitute  a  quorum  for  the  transaction  of  business. 
And  provided  also.  That  the  amount  of  bills  at  any  time  issued 
from  said  bank,  shall  not  exceed  fifty  per  cent  beyond  their 
capital  stock  actually  paid  in. 

Sect.  4.     Be  it  further  enacted,  That  the  said  Bank  shall  be 
and  kept  in   the  town  of  Salem  in   the  county  of 


Proviso. 

Bond  of  the 
Cashier. 


Legislature 
shall  have  ac- 
cess to  vaults, 
&c. 


established 

Essex. 
Sect.  5. 


May  hold 
meeting. 


Shall  exhibit  a 
statement  of 
accounts. 


Be  It  further  enacted,  That  any  committee  specially 
appointed  by  the  Legislature  for  the  purpose,  shall  have  a  right 
to  examine  into  the  doings  of  said  corporation  and  shall  have 
free  access  to  all  their  books  and  vaults,  and  if  upon  such  an 
examination  it  shall  be  found,  and  after  a  full  hearing  of  said 
corporation  thereon  be  determined  by  the  Legislature  that  said 
corporation  have  exceeded  the  power  herein  granted  them, 
or  failed  to  comply  with  any  of  the  rules,  restricfions  and  con- 
ditions in  this  Act  provided,  their  incorporation  may  thereupon 
be  declared  forfeited  and  void. 

Sect.  6.  Be  it  further  enacted.  That  the  persons  herein  be- 
fore 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  for  three  weeks  successively  in  the 
Salem  Gazette  and  in  the  Essex  Register,  for  the  purpose  of 
making,  ordammg  and  establishing  such  by-laws,  ordinances 
and  regulations  for  the  orderly  conducting  the  afiairs  of  the  said 
corporation  as  the  said  stockholders  shall  deem  necessary,  and 
for  the  choice  of  the  first  board  of  Directors,  and  such 'other 
othcers  as  they  shall  see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Directors  of  said  Bank  to  transmit  to  the  Governor  and 
L^ouncil  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amount  of  the  capital  stock  of 
said  corporation,  and  of  debts  due  to  the  same,  of  the  monies 


1812. Chap.  40.  431 

deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
silver  and  copper  coin,  and  the  bills  of  other  banks  on  hand, 
which  statement  shall  be  signed  by  the  Directors,  and  attested 
by'the  Cashier,  and  shall  be  verified  by  oath  or  affirmation, 
before  some  person  competent  to  administer  the  same. 

Sect.  8.     Be  it  further  enacted,    That  the   said  corporation  shall  pay  al- 
shall  be  liable  to  pay  to  any  bona  fide  holder  the  original  amount  tered  notes, 
of  any  note  of  said  bank  counterfeited  or  altered,  in  the  course 
of  its  circulation  to  a  larger  amount,  notwithstanding  such  al- 
teration.   • 

Sect.  9.     Be  it  further  enacted,    That  the  said  corporation  Shall  pay  tax 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by  J^^^^^^^Jg^X 
way  of  tax  to  the  treasurer  of  this  Commonwealth,  for  the  use 
of  the  same,  within  ten  days  after   each  semi-annual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall  at  the  time  of  said  dividend  have  been  actually 
paid  in.     Provided  hoioever.  That  the  same  tax  payable  in  man-  Proviso. 
ner  aforesaid,  shall  be  required  by  the  l^egislature  of  all  Banks 
that  shall  be  hereafter  incorporated  within  this  Commonwealth, 
Sind  provided  further,  that  nothing  herein  shall  be  construed  to 
impair  the  right  of  the  Legislature  to  lay  a  tax  upon  any  Bank 
already  incorporated  under  the  authority  of  this  Commonwealth 
whenever  they  may  see  fit  so  to  do. 

Sect.  10.  Be  it  further  enacted,  That  one  tenth  part  of  the  Funds  how 
whole  funds  of  said  bank,  shall  always  be  appropriated  to  appropriated, 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  and 
wherein  the  directors  shall  wholly  and  exclusively  regard  the 
agricultural  and  manufacturing  interest,  which  loans  shall  be 
made  in  sums  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  and  upon  the  personal  bond  of  the  bor- 
rower with  collateral  security  by  a  mortgage  of  real  estate,  to 
the  satisfaction  of  the  directors  of  said  bank,  for  a  term  not 
less  than  one  year,  and  on  condition  of  paying  the  interest  an- 
nually on  such  loans  subject  to  such  forfeitures  and  rights  of 
redemption  as  is  by  law  prescribed  in  other  cases.  Provided  Prorfso. 
however,  That  the  said  bank  may  take,  receive  and  hold  by  as- 
signment, any  such  mortgages  as  are  already  held  by  the  ex- 
isting Salem  Bank,  and  v;hich  may  be  assigned  and  taken  by 
agreement  between  the  two  corporations,  the  amount  of  which 
shall  be  deemed  and  considered  as  an  original  loan  to  be  made 
as  above  directed. 

Sect.  11.     Be  it  further  enacted.   That  whenever  the  Legis-  gj^aii  loan  to 
lature  shall  require  it,   the  said  corporation  shall  loan  to  the  the  Common- 
Commonwealth  any  sum  of  money  not  exceeding  ten  per  centum  wealth, 
of  the  amount  of  the  capital  stock  actually  paid  in  at  any  one 
time,  reimbursable  by  five  annual  instalments,  or  at  any  shorter 
period   at  the  election  of  the  Commonwealth  with  the  annual 
payments  of  interest,  at  a  rate  not  exceeding  five  per  centum 
per  annum :    Provided  however,    That  the  Commonwealth  shall  Proviso, 
never  at  any  one  time  stand  indebted  to  said  corporation  with- 
out their  consent  for  a  larger  sum  than  twenty  per  centum  of 
the  capital  stock  actually  paid  in. 

Sect.  1 2.    Be  it  further  enacted,  That  the  Commonwealth 


432 


1812. 


Chap.  40—41. 


Common- 
wealth may- 
hold  stock. 


shall  have  a  right,  whenever  the  Legislature  shall  make  provi^ 
sion  by  law,  to  subscribe  on  account  of  the  Commonwealth  a 
sum  not  exceeding  one  hundred  thousand  dollars  to  be  added 
to  the  capital  stock  of  said  company  subject  to  such  rules,  re- 
gulations and  provisions,  as  shall  be  by  the  Legislature  made 
and  established,  as  to  the  management  thereof.  [June  23, 
1812.]     Add.  act— 1822  ch.  69. 


Chap.  41. 


Persons  incor- 
porated. 


May  make 
by-laws. 


Proviso, 


Capital  stock, 

(Reduced  by 
1814  ch.  94.) 

when  to  be 
paid. 


Proviso. 


An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Beverly  Bank, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Moses  Brown,  William  Burley,  Nicholas  Thorndike, 
Joshua  Fisher,  Abraham  Kilham,  Nathan  Dane,  and  their  as- 
sociates, successors  and  assigns,  shall  be,  and  hereby  are  cre- 
ated a  corporation,  by  the  name  of  The  President,  Directors 
and  Company  of  the  Beverly  Bank,  and  shall  so  continue  until 
the  first  day  of  October  which  will  be  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-one,  and  by  that  name 
shall  be,  and  hereby  are  made  capable  in  law  to  sue  and  be 
sued,  plead,  and  be  impleaded,  defend  and  be  defended,  in  any 
courts  of  record,  or  in  any  other  place  whatever,  and  also  to 
make,  have  and  use  a  common  seal,  and  to  ordain,  establish 
and  put  in  execution,  such  by-laws,  ordinances  and  regulations 
as  to  them  may  appear  necessary  and  convenient  for  the  go- 
vernment of  the  said  corporation,  and  the  prudent  management 
of  their  affairs.  Provided  such  by-laws,  ordinances  and  regu- 
lations 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.  2.  Be  it  further  enacted.  That  the  capital  stock  of  the 
said  corporation  shall  consist  of  the  sum  of  one  hundred  and 
sixty  thousand  dollars,  in  gold  and  silver,  divided  into  shares 
of  one  hundred  dollars  each,  which  shall  be  paid  in  at  four 
equal  instalments,  the  first  on  the  first  day  of  October  next,  the 
second  on  the  first  day  of  January  next  after,  the  third  on  the  first 
day  of  April  next  after,  and  the  fourth  on  the  first  day  of  July  next 
after ;  or  at  such  earlier  times  as  the  stockholders  at  any  meeting 
thereof  may  order,  and  the  stockholders  at  their  first  meeting 
shall  by  a  majority  of  votes  determine  the  mode  of  transferring 
and  disposing  of  said  stock  and  the  profits  thereof,  which  being 
entered  in  the  books  of  said  corporation,  shall  be  binding  on 
the  stockholders,  their  successors  and  assigns,  and  the  said 
corporation  are  hereby  made  capable  in  law,  to  have,  hold, 
purchase,  receive,  possess,  enjoy  and  retain  to  them,  their  suc- 
cessors and  assigns,  lands,  rents,  tenements  and  hereditaments 
to  the  amount  of  thirty  thousand  dollars,  and  no  more  at  any 
one  time,  with  power  to  bargain,  sell  and  dispose  of  the  same, 
and  to  loan  and  negotiate  their  monies  and  effects  by  discount- 
ing on  banking  principles,  on  such  security  as  they  shall  think 
advisable ;  provided  hozocver,  that  nothing  herein  contained  shall 
restrain  or  prevent  the  said  corporation  from  taking  and  hold- 


1812. Chap.  41.  433 

ing  real  estate  in  mortgage,  or  on  execution  to  any  amount  as 
security  for  or  in  payment  of  any  debts  due  to  the  said  corpo- 
ration. And  provided  further,  that  no  money  shall  be  loaned, 
or  discounts  made,  nor  shall  any  bills  or  promissory  noLes  be 
issued  from  said  bank,  until  the  capital  subscribed  and  actually 
paid  in,  and  existing  in  gold  and  silver  in  their  vaults  shall 
amount  to  forty  thousand  dollars. 

Sect.  3.  Be  it  further  enacted,  That  the  rules,  restrictions, 
limitations,  reservations  and  provisions,  which  are  provided  in 
and  by  the  third  section  of  an  Act,  entitled,  "An  Act  to  incor-  O^ll  ch.  84.) 
porate  the  President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established,  pro- 
vided only,  that  any  director  of  the  Beverly  Bank  now  existing 
may  be  eligible  as  a  director  of  the  bank  hereby  established, 
but  the  bond  required  to  be  given  by  the  cashier  shall  be  in 
the  penalty  of  twelve  thousand  dollars,  that  the  number  of 
directors  to  be  annually  chosen  shall  be  seven,  and  four  may 
constitute  a  quorum  for  transaction  of  business.  And  provided 
also,  that  the  amount  of  bills  at  any  time  issued  by  said  bank 
shall  not  exceed  lifty  per  cent,  bej^ond  their  capital  stock  actu- 
ally paid  in. 

Sect.  4.     Be  it  further  enacted,  That  the  said  Bank  shall  be  Where  to  be 
established  and  kept  in  the  town  of  Beverly.  established. 

Sect.  5.     Be  it  further  enacted.  That  any  committee  special-  Legislature 
ly  appointed  by  the  Legislature  for  the  purpose,  shall  have  a  shall  have  ac- 
right  to  examine  into  the  doings  of  said  corporation,  and  shall  ^^^^'    *^* 
have  free  access  to  all  their  books  and  vaults,  and  if  upon  such 
an  examination  it  shall  be  iound,  and  after  a  full  hearing  of 
said  corporation   thereon   be   determined,   by  the  Legislature 
that  said  corporation  have  exceeded  the  power  herein  granted 
ihem,  or  failed   to  comply  with  any  of  the  rules,  restrictions 
and  conditions  in  this  Act  provided,  their  incorporation  may 
thereupon  be  declared  forfeited  and  void. 

Sect.  6.     Be  it  further  enacted.   That  the  persons  herein  be-  ^     ^^^ 
fore  named,  or  any  three  of  them,  are  authorized  to  call  a  meet-  meetings, 
ing  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  for  three  weeks  successively  in  the 
Essex  Register  and  Salem  Gazette)  for  ihe  purpose  of  making, 
ordaining  and  establishing  such  by-laws,  ordinances  and  regu- 
lations, for  the  orderly  conducting   the  affairs  of  the  said  cor 
poration,  as   the  said  stockholders   shall  deem  necessary,  and 
ior  the  choice  of  the  first  board  of  directors   and  such  other 
officers  as  they  shall  sec  fit  to  choose. 

Sect.  7.  Be  it  further  enacted.  That  it  shall  be  the  duty  of  gj^^jj  g^i^jj^j^  p 
the  directors  of  said  bank,  to  transmit  to  the  Governor  and  statement, 
council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amounts  of  the  capital  stotk 
of  said  corporation,  and  of  debts  due  to  the  same,  of  the  mo- 
nies deposited  therein,  of  the  notes  in  circulation,  and  of  the 
gold,  silvev,  and  copper  coin,  and  the  bills  of  other  banks  on 
hand,  which  statement  shall  be  signed  by  the  directors,  and 

VOL.  IV.  55 


434 


1812. 


Chap.  41. 


Altered  notes. 


Shall  pay  tax 
to  Common- 
wealth. 


ProTiso. 


Funds  how 
appropriated. 


Proviso'. 


Shall  loan  to 
the  Common- 
wealth. 


Proviso. 


(Altered  by 
1814  ch.  94.) 


attested  by  the  cashier,  and  shall  be  verified  by  oath  or  affir- 
mation before  some  person  competent  to  administer  the  same. 
Sect.  8.  Be  it  further  enacted,  That  the  said  corporation 
shall  be  liable  to  pay  to  any  bona  Jide  holder,  the  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.  9.  Be  it  further  enacted,  That  the  said  corporation 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by 
way  of  tax  to  the  treasurer  of  this  Commonwealth  for  the  use 
of  the  same,  within  ten  days  after  each  semi-annual  dividend 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock, 
which  shall  at  the  time  of  said  dividend  have  been  actually 
paid  in,  provided  however,  that  the  same  tax  payable  in  manner 
aforesaid,  shall  be  required  by  the  Legislature  of  all  banks 
that  shall  be  hereafter  incorporated  within  this  Commonwealth, 
and  provided  further,  that  nothing  herein  shall  be  construed  to 
impair  the  rights  of  the  Legislature  to  lay  a  tax  on  any  bank 
already  incorporated  under  the  authority  of  this  Common- 
wealth, whenever  they  may  see  fit  so  to  do. 

Sect.  10.  Beit  further  enacted.  That  one  tenth  part  of  the  whole 
funds  of  said  bank  shall  always  be  appropriated  to  loans  to  be 
made  to  citizens  of  this  Commonwealth,  and  wherein  the  direc- 
tors shall  wholly  and  exclusively  regard  the  agricultural  and 
manufacturing  interest,  which  loans  shall  be  made  in  sums  not 
less  than  one   hundred  dollars,  nor  more  than   five   hundred 
dollars,  and  upon  the  personal  bond  of  the  borrower,  with  col- 
lateral security  by  a  mortgage  of  real  estate  to  the  satisfaction 
of  the  Directors  of  said  bank  for  a  term  not  less  than  one  year, 
and  on  condition  of  paying  the  interest  annually  on  such  loans 
subject   to  such  forfeitures   and  right  of  redemption,  as  is  by 
law  prescribed  in  other  cases.     Provided  however,    That  the 
said  bank  may  take,  receive  and  hold  by  assignment  any  such 
mortgages  as  are  already  held  by  the  existing  bank  in  the  town 
of  Beverly,  and  which  may  be  assigned  and   taken  by  agree- 
ment between  the  two  corporations,  the  amount  of  which  shall 
be  deemed   and  considered   as   original  loan   to  be  made  as 
above  directed. 

Sect.  11.  Be  it  further  enacted.  That  whenever  the  Legis- 
:  lature  shall  require  it,  the  said  corporation  shall  loan  to  the 
Commonwealth  any  sum  of  money  not  exceeding  ten  per  cen- 
tum of  the  amount  of  the  capital  stock  actually  paid  in  at  any 
one  time,  reimbursable  by  five  annual  instalments  or  at  any 
shorter  period  at  the  election  of  the  Commonwealth,  w^ith  the 
annual  payments  of  interest  at  a  rate  not  exceeding  five  per 
centum  per  annum ;  provided  hozUver,  that  the  Commonwealth 
shall  never  at  any  one  time  stand  indebted  to  said  corporation, 
without  their  consent,  for  a  larger  sum  than  twenty  per  centum 
of  the  capital  stock  actually  paid  in. 

Sect.  12.  Be  it  further  enacted,  That  the  Commonwealth 
shall  have  a  right  whenever  the  Legislature  shall  make  provi- 
sion by  law  to  subscribe  on  account  of  the  Commonwealth  a 
sum  not  exceeding  eighty  thousand  dollars  to  be  added  to  the 


1812. Chap.  41—42.  '     435 

capital  stock  of  said  company-  i=ubiect  to  such  rules,  regula- 
tions and  provisions  as  shall  be  by  the  Leejislature  made  and 
established  a^  to  the  management  thereof.  [June  23,  1812.] 
Add  art— 1814.  ch.  94. 

An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Marblehead   Chctpt  42. 
Bank.  ^ 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  N  ithaniel  Hooper,  Henry  GaUison,  Philip  Besome,  Persons  incor- 
John  Hooper,  4lh.  John  Williams,  John  Pedrick,  3d.  and  Wil-  ^°^^ 
liam  Fettyplace,  their  associates,  successors,  and  assigns,  shall 
be,  and  hereby  are  created  a  corporation  by  the  name  of  The 
President.  Directors  and  Company  of  the  Marblehead  Bank, 
and  shall  so  continue  from  the  first  day  of  October  next  for 
the  term  of  nineteen  years  next  ensuing,  and  by  that  name 
shall  be,  and  hereby  are  made  capable  in  law,  to  sue,  and  be 
sued,  plead  and  be  impleaded,  defend  and  be  defended  in  any 
courts  of  record  or  any  other  place  whatever,  and  also  to 
make,  have,  and  use  a  common  seal,  and  to  o'-dain,  establish 
and  put  in  execution  such  by-laws,  ordinances,  and  regulations 
as  to  them  may  appear  necessary  and  convenient  for  the  go- 
vernment of  the  said  corporation  and  the  prudent  management 
of  their  affairs  ;  provided  such  by-laws,  ordinances  and  regula-  Proviso, 
tions  shall  in  no  wise  be  contrary  to  the  Constitution  and  laws 
of  this  Commonwealth,  and  the  said  corporation  shall  be  al- 
ways subject  to  the  rules,  restrictions,  limitations  and  provi- 
sions herein  prescribed. 

Sect.   2.     Be  it  further  enacted,  That  the  capital   stock  of  Capital  stock, 
the  said  corporation  shall  consist  of  the  sum  of  one  hundred  Altered  1813 
and  twenty  thousand  dollars  in  gold  and  silver,  divided  into  *^ ,        * 
share<^  of  one  hundred  dollars  each,  which  shall  be  paid  in  at  paid, 
four  equal  instalments,  the  first  on  the  first  day  of  October,  the 
second  on  the  first  day  of  January,  the  third  on  the  first  day 
of  April  next,  and   the  fourth  on   the   first  day  of  July,  which 
will  be  in  the  year  of  our  Lord  eighteen  hundred  and  thirteen, 
or  at  such  earlier  times  as  the  said   stockholders  at  any  meet- 
ing thereof  may  order.     And   the  stockholders  at  their  first 
meeting  shall  by  a  majority  of  votes  determine  the   mode  of 
transferrins:  and  disposing  of  said  stock  and   the  profits  there- 
of, which  being  entered  in  the  books  of  said  corporation  shall 
be  binding  on  the  stockholders,  their  successors   and  assigns; 
and  the  said  corporation  are   hereby  made  capable   in  law  to 
have,  hold,   purchase,  receive,  possesss,  enjoy  and  retain  to 
them,  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  dis- 
pose of  the  same,  and  to  loan  and  negotiate  their  monies  and 
effects  by  discounting  on  banking  principles  on  such  security 
as  they  shall  think  advisable.  Provided  hozoever,  that  nothing  Proviso, 
herein  contained  shall  restrain  or  prevent  the  said  corporation 
from  taking  and  holding  real  estate  in  mortgage  or  on  execu- 
tion to  any  amount  as  security  for,  or  in  payment  of  any  debts 


436  1812. Chap.  42. 

due  to  the  said  corporation,  and  provided  further  that  no  money 
shall  be  loaned,  or  discounts  made,  nor  shall  any  bills  or  pro- 
missory notes  be  issued  from  said  bank  until  the  capital  sub- 
scribed and  actually  paid  in,  and  existing  in  gold  and  silver  in 
their  vaults  shall  amount  to  thirty  thousand  dollars. 

Sect.  3.  Be  it  further  enacted,  That  the  rules,  restrictions, 
limitations,  reservations  and  provisions,  which  are  provided  in 
(1811  ch.  84.)  and  by  the  third  section  of  an  act  entitled  "  An  act  to  incorpo- 
rate the  President  Directors  and  Company  of  the  State  Bank" 
shall  be  binding  on  the  bank  hereby  established.  Provided 
only,  that  any  Director  of  the  Marblehead  bank  now  existing 
may  be  eligible  as  a  Director  of  the  bank  hereby  established, 
that  the  bond  required  to  be  given  by  the  Cashier,  shall  be  in 
the  penalty  of  twelve  thousand  dollars,  that  the  number  of  Di- 
rectors to  be  annually  chosen  shall  be  seven,  and  four  may 
constitute  a  quorum  for  the  transacting  business.  And  provid- 
ed also,  that  the  amount  of  bills  at  any  time  issued  from  said 
bank  shall  not  exceed  iifty  per  cent,  beyond  their  capital  stock 
actually  paid  in. 

Sect.  4.    Be  it  further  enacted,  That  the   said  Bank  shall  be 
established  and  kept  in  the  town  of  Marblehead. 

Sect.  5.     Be  it  further  enacted.   That   any  Committee  spe- 
cially appointed  by  the  Legislature  for  the  purpose,  shall  have 
Legislature        a  right  to  examine  into  the  doings  of  said  corporation  and  shall 
shall  have  ac-    have  free  access  to   all  their  books   and   vaults,  and   if  upon 
cess,  &c.  ^^^^  ^^^  examination  it  shall  be  found,  and   after  a  full  hearing 

of  said  corporation  thereon   be  determined  by  the  Legislature 
that  said  corporation  have  exceeded  the  powers  herein  granted 
'  them  or  failed  to  comply   wdth   any  of  the   rules,  restrictions, 

and  conditions  in  this  act  provided,  their  incorporation  may 
thereupon  be  declared  forfeited  and  void. 

Sect.  6.     Be    it  further    enacted,    That  the  persons  herein 
beforenamed.  or  any  three  of  them   are   authorized   to  call  a 
May  call  meet]  meeting  of  the  members  and  stockholders  of  said  corporation 
ings.  as  soon  as  may  be  at  such  time  and  place  as  they  may  see  fit 

(by  advertising  the  same  for  three  weeks  successively  in  the 
Essex  Register  and  Salem  Gazette,)  for  the  purpose  of  making, 
ordaining  and  establishing  such  by-laws,  ordinances  and  regu- 
lations for  the  orderly  conducting  the  affairs  of  the  said  corpo- 
ration, as  the  said  stockholders  shall  deem  necessary,  and  for 
the  choice  of  the  first  board  of  directoi-s,  and  such  other  offi- 
cers as  they  shall  see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  directors  of  said  bank,  to  transmit  to  the  Governor  and 
Council  of  this  Commonweakh  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
Shaii  exhibit  a  curate  and  just  statements  of  the  amounts  of  the  capital  stock 
statement.  ^j-  ^^jj  corporation,  and  of  debts  due  to  the  same,  of  the  mo- 
nies deposited  therein,  of  the  notes  in  circulation,  and  of  the 
gold,  silver  and  copper  coin,  and  the  bills  of  other  banks  on 
hand,  which  statement  shall  be  signed  by  the  directors  and  at- 
tested by  the  Cashier,  and  shall  be  verified  by  oath  or  affirma- 
tion before  some  person  competent  to  administer  the  same. 


1812. Chap.  42.  437 

Sect.  8.     Be  it  further  enacted,  That  the  said  corporation  Altered  notes, 
shall  be   liable  to  pay  to  any  bona  fide   holder  the  original 
amount  of  any  note  of  said  bank  fraudulently  altered  in  the 
course  of  its  circulation  to    a  larger  amount  notwithstanding 
such  alteration. 

Sect.  9.     Be  it  further  enacted^  That  the  said   corporation  shall  pay  a. 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by  ^^^''^^^J^f'^^  ^^ 
way  of  tax  to  the  Treasurer  of  this  Commonwealth  for  the  g^g^^g 
use  of  the  same,  within  ten  days   after  each  semi-annual  divi- 
dend, the  half  of  one  per  cent,  on   the  amount  of  the  original 
stock  which  shall  at  the  time  of  said  dividend   have  been  ac- 
tually paid  in.     Provided  however,  That  the  same  tax  payable  Proviso, 
in  manner  aforesaid,   shall  be  required  by  the  Legislature  of 
all   banks,   that  shall   be    hereafter   incorporated   within   this 
Commonwealth.     And   provided  further    that    nothing    herein 
shall  be  construed   to  impair   the  rights  of  the   Legislature  to 
lay  a  tax  upon  any  bank  already   incorporated  under  the  au- 
thority of  this  Commonwealth,  whenever  they  may  see  fit  so 
to  do. 

Sect.   10.     Be  it  further  enacted.  That  one  tenth  part  of  the 
whole  funds  of  said  bank  shall  always  be  appropriated  to  loans.  Amount  to  be 

1  1  ■•  ^     I  •    \~,  11  ji  •      appropriated 

to    be  made  to   citizens  or  this   Commonwealth,  and   wnerem  t^  loans, 
the  Directors  shall  wholly  and   exclusively  regard  the  agricul- 
tural and  manufacturing  interest,  which  loans  shall  be  made  in 
sums  not  less   than  one  hundred   dollars  nor  more  than   five  ]"(j"ns_" 
hundred  dollars,  and  upon  the  personal  bond  of  the  borrower,  security  for 
with  collateral  security  by  a  mortgage  of  real  estate  to  the  sa-  loans, 
lisfaction  of  the  Directors  of  said  bank,  for  a  term  not  less 
than   one  year,   and  on   condition  of  paying  the  interest  an- 
nually on  such  loans  subject  to  such  forfeitures,  and   rights  of 
redemption  as  is  by  law  provided  in  other  cases. 

Sect.  11.     Be  it  further  enacted.  That  whenever  the  Legis- 
lature shall  require  it,  the  said  corporation  shall  loan   to  the  Shall  loan  to 
Commonwealth  any  sum  of  money  which  may  be  required  not  wealth, 
exceeding  ten  per  centum  of  the  amount  of  the  capital  Stock  ac- 
tually paid  in,  at  any  one  time,  reimbursable  by  five  annual 
instalments  or  at  any  shorter  period  at  the  election  of  the  Com- 
monwealth, with  the  annual  payments  of  interest,  at  a  rate  not 
exceeding  five  per  centum  per  annum.    Provided  however.  That  Proviso. 
the  Commonwealth  shall  never  at  any  one  time  stand  indebted 
to  said  corporation  without  their  consent  for  a  larger  sum  than 
twenty  per  centum  of  the  capital  stock  actually  paid  in. 

Sect.  12.  Be  it  further  enacted.  That  the  Commonwealth 
shall  have  a  right  whenever  the  Legislature  shall  make  provi- 
sion by  law  to  subscribe  on  account  of  the  Commonwealth,  a  Common- 
sum  not  exceeding  sixty  thousand  dollars,  to  be  added  to  the  ^old  s^oTk^ 
capital  stock  of  said  company,  subject  to  such  rules,  regula- 
tions, and  provisions,  as  shall  be  by  the  Legislature  made  and 
established,  as  to  the  management  thereof. 

Sect.  13.     Be  it  further  enacted,  That  the  said  bank  may 
take,  receive,  and  hold  by  assignment,  any  such  mortgages  as  (1813  ch.  121.) 
are  already  held  by  the  existing  bank,  in  the  town  of  Marble- 
head,  and  which  may  be  assigned,  and  taken  by  agreement 


438  1812. Chap.  42—43. 

between  the  two  corporations,  the  amount  of  which  shall  be 
deemed  and  considered  as  an  original  loan  to  be  made  as  above 
directed.     [June  23,  1812.]     Add  act— 1813  ch.  121. 

Chcip,  43.        An  Act  to  incorporate  the  President,   Directors  and  Company  of  the  Gloucester 
Bank. 

Sect.  1.     BE  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
Persons  incor-   same,  That  John  Somes,  Benjamin  K.  Hough,  William  Pearce, 
porated,  James  Hayes,   William   Pearson,   Fitzwilliam   Sargent,   Israel 

Trask  and  William  Coffin,  their  associates,  successors,  and  as- 
signs, shall  be,  and  hereby  are  created  a  Corporation  by  the 
name  of  The  President,  Directors  and  Company  of  the  Glou- 
cester Bank,  and  shall  so  continue  until  the  first  day  of  Octo- 
ber, which  will  be  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty  one,  and  by  that  name  shall  be,  and  here- 
by are  made  capable  in  law  to  sue,  and  be  sued,  plead  and  be 
impleaded,  defend  and  be  defended,  in  Qny  Courts  of  Record 
or  any  other  place  whateA'er,  and  also  to  make,  have,  and  use 
a  common  seal,  and  to  ordain,  establish,  and  put  in  execution 
such  by-laws,  ordinances  and  regulations  as  to  them  may  ap- 
pe.ir  necessary  and  convenient,  for  the  government  of  the  said 
corporation,  and  the  prudent  management  of  their  affairs. 
Proviso.  Provided  s,\}ch  by-laws,  ordinances  and  regulations,  shall  in  no 

wise  be  con'LT-ary  to  the  Constitution   and    laws  of  this  Com- 
monwealth, and  the  ?".aid  corporation  shall  be  always  subject 
to   the    rules,   restrictions,    limitations  and  provisions    herein 
prescribed. 
Capital  Stock.       Sect.  2.     Be  it  further  enacted,  That  the  capital  stock  of  the 
said  corporation  shsll  consist  of  the   sum  of  one  hundred  and 
twenty  thousand  dollnrs  in  gold  and  silver,  divided  into  shares 
of  one  hundred  dollars  each,   which  shall   be    paid  in  at  four 
When  to  be      equal  instalments,  the   first  on   the  first   day  of  October  next, 
paid  in.  the  second  on  the  first  day  of  January  next  after,  the  third  on 

the  first  day  of  April  next  after,  and  the  fourth  on  the  first 
day  of  July  next  after ;  or  at  such  earlier  time  as  the  said 
Stockholders  at  any  meeting  thereof  may  order.  And  the 
Stockholders  at  their  first  meeting  shall  by  a  majority  of  votes, 
determine  the  mode  of  transferring  and  disposing  of  said  stock 
and  the  profits  thereof,  which  being  entered  in  the  books  of 
said  corporation,  shall  be  binding  on  the  Stockholders,  their 
successors  and  assigns ;  and  the  said  corporation  are  hereby 
May  hold  es-  made  capable  in  law  to  have,  hold,  purchase,  receive,  possess, 
^  ^'  ^"^joy,  and  retain  to  them,  their  successors,  and  assigns,  lands, 

rents,  tenements,  and  hereditaments  to  the  amount  of  twenty 
thousand  dollars,  and  no  more  at  any  one  time,  with  power  to 
bargain,  sell,  and  dispose  of  the  'same,  and  to  loan  and  nego- 
tiate their  monies  and  effects,  by  discounting  on  banking  prin- 
ciples on  such  security  as  they  shall  think  advisable.  Pro- 
Proviso,  vided  however.  That  nothing  herein  contained,  shall  restrain  or 
prevent  the  said  corporation  from  taking  and  holding  real  es- 
tate in  mortgage,  or  on  execution  to  any  amount  as  security 
for,  or  in  payment  of  any  debts  due  to  the  said  corporation, 


1812. Chap.  43.  439 

and  provided  further,  that  no  money  shall  be  loaned  or  dis- 
counts made,  nor  shall  any  bills  or  promissory  notes  be  issued 
from  said  bank,  until  the  capital  subscribed  and  actually  paid 
in,  and  existing  in  gold  and  silver  in  their  vaults  shall  amount 
to  thirty  thousand  dollars. 

Sect.  3.     Be  it  further  enacted,  That  the  rules,  restrictions, 
limitations,  reservations  and  provisions,  which  are  provided  in 
and  by  the  third  section  of  an  act  entitled,  "  An   act  to  incor-  (1811  ch.  84.)j 
porate   the   President,    Directors   and   Company  of  the  State 
Bank"  shall  be  binding  on  the  bank  hereby  established.     Pro-  Proviso. 
vided  only,  that  any  Director  of  the  Gloucester   Bank  now  ex- 
isting may  be  eligible  as  a  Director  of  the  bank  hereby  esta- 
blished, and  that  the  bond  required  to  be  given  by  the  Cashier,  Cashier  shall 
shall  be  given  in  the  penalty  of  twelve   thousand  dollars,  and  ^'^^ 
that  the  number  of  Directors  to  be  annually  chosen  shall  be 
seven,  and  four  may  constitute  a  quorum  for  the  transaction  of 
business.     And  provided  also,  that  the   amount  of  bills  at  any 
time  issued  by  said   bank  shall  not  exceed  fifty  per  cent  be- 
yond the  capital  stock  actually  paid  in. 

Sect.  4.     Be  it  further  enacted,  That  the  said  bank  shall  be 
established  and  kept  in  the  town  of  Gloucester. 

Sect.  5.     Be  it  further  enacted,  That  any  Committee  spe- 
cially appointed  by  the  Legislature  for  the  purpose,  shall  have 
a  right  to  examine  into  the  doings  of  said  corporation  and  shall  Legislature 
have  free  access  to  all  their  books  and  vaults,  and  if  upon  such  cess'\^o^ vault's 
an  examination  it  shall  be  found,   and  after  a  full  hearing  of  &c. 
said  corporation  thereon  be  determined  by  the  Legislature  that 
said    corporation   have    exceeded    the   power  herein   granted 
them,  or  failed  to  comply  with  any  of  the  rules,  restrictions  and 
conditions  in  this  act  provided,  tneir  incorporation  may  there- 
upon be  declared  forfeited  and  void. 

Sect.  6.  Be  it  further  enacted,  That  the  persons  herein  be- May  call 
fore  named  or  any  three  of  them  are  authorized  to  call  a  meet-  meetings, 
ing  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  for  three  weeks  successively  in  the 
Salem  Gazette,  and  Essex  Register,  for  the  purpose  of  making, 
ordaining  and  establishing  such  by-laws,  ordinances,  and  regu- 
lations for  the  orderly  conducting  the  affairs  of  said  corpora- 
tion, as  the  said  Stockholders  shall  deem  necessary,  and  for 
the  choice  of  the  first  board  of  directors,  and  such  other  offi- 
cers as  they  shall  see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted.  That  it  shall  be  the  duty  of 
the  Directors  of  said  Bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  thej^  may  require,  ac-  ^'^^"  exhibit  a 
curate  and  just  statements  of  the  amounts  of  the  capital  stock  a^oums.^  ° 
of  said  corporation,  and  of  debts  due  to  the  same,  of  the  mo- 
nies deposited  therein,  of  the  notes  in  circulation,  and  of  the 
gold,  silver,  and  copper  coin,  and  the  bills  of  other  banks  on 
hand,  which  statement  shall  be  signed  by  the  Directors,  and 
attested  by  the  Cashier,  and  shall  be  verified  by  oath  or 
affirmation  before  some  person  competent  to  administer  the 
same. 


440 


1812. 


-Chap.  43. 


Altered  notes. 


Shall  pay  a 
*ax  to  the 
Treasurer  of 
State. 


Proviso. 


Amount  to  be 
appropriated 
to  loans. 


Amount  of 
loans. 

Security  for 
loans. 


Proviso. 


Shall  loan  to 
the  Common- 
wealth. 


Proviso. 


Sect.  8.  Be  it  further  enacted,  That  the  said  corporation 
shall  be  liable  to  pay  to  any  bona  fide  holder  the  original  amount 
ot  any  note  of  said  bank  counterfeited  or  altered,  in  the  course 
of  its  circulation  to  a  larger  amount,  notwithstanding  such  al- 
teration. 

Sect.  9.  Be  it  further  enacted,  That  the  said  corporation, 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by 
way  of  tax  to  the  Treasurer  of  this  Commonwealth  for  the  use 
of  the  same,  within  ten  days  after  each  semi-annual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall  at  the  time  of  said  dividend  have  been  actually 
paid  in.  Provided  however,  That  the  same  tax  payable  in 
manner  aforesaid  shall  be  required  by  the  Legislature  of  all 
banks,  that  shall  be  hereafter  incorporated  within  this  Com- 
monwealth, and  joroDirfec^/wrf/ier,  that  nothing  herein  shall  be 
construed  to  impair  the  rights  of  the  Legislature  to  lay  a  tax 
upon  any  bank  already  incorporated  under  the  authority  of 
this  Commonwealth  whenever  they  may  see  fit  so  to  do. 

Sect.  10.  Be  it  further  enacted,  That  one  tenth  part  of  the 
whole  funds  of  said  bank  shall  always  be  appropriated  to  loans, 
to  be  made  to  citizens  of  this  Commonwealth,  and  wherein  the 
Directors  shall  wholly  and  exclusively  regard  the  agricultural 
and  manufacturing  interest,  which  loans  shall  be  made  in  sums 
not  less  than  one  hundred  dollars,  nor  more  than  five  hundrfed 
dollars,  and  upon  the  personal  bond  of  the  borrower,  with  col- 
lateral security  by  a  mortgage  of  real  estate  to  the  satisfaction 
of  the  Directors  of  said  Bank,  for  a  term  not  less  than  one 
year,  and  on  condition  of  paying  the  interest  annually  on  such 
loans  subject  to  such  forfeitures,  and  right  of  redemption  as  is 
by  law  prescribed  in  other  cases.  Provided  however,  that  the 
said  bank  may  take,  receive  and  hold  by  assignment  any  such 
mortgages  as  are  already  held  by  the  bank  now  existing  in 
the  town  of  Gloucester,  and  which  may  be  assigned  and  taken 
by  agreement  between  the  two  corporations,  the  amount  of 
which  shall  be  deemed  and  considered  as  an  original  loan 
to  be  made  as  above  directed. 

Sect.  11.  Be  it  further  enacted,  That  whenever  the  legisla- 
ture shall  require  it,  the  said  corporation  shall  loan  to  the  Com- 
monwealth any  sum  of  money  not  exceeding  ten  per  centum  of 
the  amount  of  the  capital  stock  actually  paid  in  at  any  one  time 
reimbursable,  by  five  annual  instalments  or  at  any  shorter  pe- 
riod at  the  election  of  the  Commonwealth  with  the  annual  pay- 
ments 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  twenty  per  centum  of  the  capital 
stock  actually  paid  in. 

Sect.  12.  Be  it  further  enacted.  That  the  Commonwealth  shall 
have  a  right  whenever  the  legislature  shall  make  provision  by 
law  to  subscribe  on  account  of  the  Commonwealth  a  sum  not 
exceeding  forty  thousand  dollars,  to  be  added  to  the  capital 
stock  of  said  company,  subject  to  such  rules,  regulations  and 
provisions  as  shall  be  by  the  legislature  made  and  established 
as  to  the  management  thereof.     [June  23,  1812.] 


Persons   incor- 


1812. Chap.  44.  441 

An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Bedford  Bank,    (^j^g^  44^ 

Sect.  1.  BE  it  enacted  by  the  Senate  and  Hovse  of  Representa- 
lives^  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Thomas  Hazard,  jun.  John  Rowland,  Samuel  Rodman,  po^^ted. 
Isaac  Rowland,  jiin.  William  Rotch,  jun.  John  Delano,  and 
their  associates,  successors  and  assigns,  shall  be  and  hereby  are 
created  a  corporation,  by  the  name  of  the  President,  Directors 
and  Company  of  the  Bedford  Bank  ;  and  shall  so  continue  from 
the  first  day  of  October  next,  for  the  term  of  nineteen  years 
next  ensuing,  and  by  that  name  shall  be,  and  hereby  are  made 
capable  in  law,  to  sue,  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended  in  any  courts  of  record  or  any  other 
place  whatever,  and  also  to  make,  have,  and  use  a  common 
seal,  and  to  ordain,  establish  and  put  in  execution  such  by-  May  make  by- 
laws, ordinances  and  regulations  as  to  them  may  appear  ne-  laws, 
cessary  and  convenient,  for  the  government  of  the  said  corpo-  Proviso, 
ration  and  the  prudent  management  of  their  affairs.  Provided 
such  by-laws,  ordinances,  and  regulations,  shall  in  no  wise  be 
contrary  to  the  constitution  and  Taws  of  this  Commonwealth, 
and  the  said  corporation  shall  be  always  subject  to  the  rules, 
restrictions,  limitations  and  provisions  herein  prescribed. 

Sect.  2.  Be  it  further  enacted.  That  the  capital  stock  of  the  Capital  stock, 
said  corporation  shall  consist  of  the  sum  of  two  hundred  thou- 
sand dollars,  in  gold  and  silver,  divided  into  shares  of  one  hun- 
dred dollars  each,  one  quarter  part  of  the  two  hundred  thou- 
sand dollars  shall  be  paid  in,  on  or  before  the  first  day  of  Oc-  ^^,^^^  ^^  ^^ 
tober  in  the  year  of  our  Lord  eighteen  hundred  and  twelve,  and  p:\id. 
the  other  three  quarter  parts  of  the  said  capital  stock  shall  be 
paid  in  on  or  belbre  the  first  day  of  July  in  the  year  one  thou- 
sand eight  hundred  and  thirteen.  And  the  stockholders  at  their 
first  meeting  shall  by  a  majority  of  votes,  determine  the  mode 
of  transferring  and  disposing  of  said  stock  and  the  profits  there- 
of, which  being  entered  in  the  books  of  said  corporation,  shall 
be  binding  on  the  stockholders,  their  successors  and  assigns, 
and  the  said  corporation  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  he- 
reditaments to  the  amount  of  twelve  thousand  dollars,  and  no 
more,  at  any  one  time,  with  power  to  bargain,  sell,  and  dispose 
of  the  same,  and  to  loan  and  negotiate  their  monies  and  effects, 
by  discounting  on  banking  principles  on  such  security  as  they 
shall  think  proper.  Provided  however,  that  nothing  herein  con-  pjoviso. 
tained,  shall  restrain  or  prevent  the  said  corporation  from  ta- 
king and  holding  real  estate  in  mortgage,  or  on  execution  to 
any  amount  as  security  for,  or  in  payment  of  any  debts  due  to 
the  said  corporation  ;  and  provided  further,  that  no  money  shall 
be  loaned  or  discounts  made,  nor  shall  any  bills  or  promissory 
notes  be  issued  from  said  bank,  until  the  capital  subscribed  and 
actually  paid  in,  and  existing  in  gold  and  silver  in  their  vaults 
shall  amount  to  fifty  thousand  dollars. 

Sect.  3.  Be  it  further  enacted.  That  the  rules,  restrictions,  li- 
mitations, reservations  and  provisions,  which  are  provided  in 
and  by  the  third  section  of  an  Act,  entitled  "An  Act  to  incor-  (isii  ch.  84.) 

VOL.  IV.  56 


442 


1812. 


Chap.  44. 


Where  to  be 
established. 


Legislature 
shall  have   ac- 
cess to  vaults, 
&c. 


May  hold 
meeting. 


Shall  exhibit  a 
statement  of 
accounts. 


Shall  pay  al- 
tered notes. 


Shall  pay  tax 
to  the  Com- 
monwealth. 


porate  the  President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established.  Pro- 
vided only  that  any  director  of  the  Bedford  bank  now  existing 
may  be  eligible  as  a  director  of  the  bank  hereby  established  ; 
and  that  the  bond  required  to  be  given  by  the  cashier,  shall  be 
in  the  penalty  of  twenty  thousand  dollars,  and  that  the  number 
of  directors  to  be  annually  chosen  shall  be  seven,  and  four  may 
constitute  a  quorum  for  the  transaction  of  business.  And  pro- 
vided also^  that  the  amount  of  bills  at  any  time  issued  from  said 
bank,  shall  not  exceed  fifty  per  cent,  beyond  the  capital  stock 
actually  paid  in. 

Sect.  4.  Be  itfurther  enacted,  That  the  said  bank  shall  be 
established  and  kept  in  the  town  of  New-Bedford. 

Sect.  5.  Be  it  further  enacted,  That  any  committee  specially 
appointed  by  the  legislature  for  the  purpose,  shall  have  a  right 
to  examine  into  the  doings  of  said  corporal  ion  and  shall  have 
free  access  to  all  their  books  and  vaults,  and  if  upon  such  ex- 
amination it  shall  be  found,  and  after  a  full  hearing  of  said  cor- 
poration thereon  be  determined  by  the  legislature  that  said  cor- 
poration have  exceeded  the  power  herein  granted  them,  or 
failed  to  comply  with  an}^  of  the  rules,  restrictions  and  condi- 
tions in  this  Act  provided,  their  incorporation  may  thereupon 
be  declared  forfeited  and  void. 

SijiCT.  6.  Be  it  further  enacted,  That  the  persons  herein  be- 
fore named,  or  any  three  of  them  are  authorized  to  call  a  meet- 
ing of  the  members  and  stockholders  of  said  corporation  as  soon 
as  may  be,  at  such  time  and  place  as  they  may  see  fit,  by  adver- 
tising the  same  for  three  weeks  successively  in  the  town  of  New- 
Bedford,  for  the  purpose  of  making,  ordaining  and  establishing 
such  by-laws,  ordinances  and  regulations  for  the  orderly  con- 
ducting the  affairs  of  the  said  corporation  as  the  said  stockhold- 
ers shall  deem  necessary,  and  for  the  choice  of  the  first  board 
of  directors,  and  such  other  officers  as  they  shall  see  fit  to 
choose. 

Sect.  7.  Be  itfurther  enacted.  That  it  shall  be  the  duty  of 
the  directors  of  said  bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amount  of  the  capital  stock  of 
said  corporation,  and  of  debts  due  to  the  same,  of  the  monies 
deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
silver  and  copper  coin,  and  the  bills  of  other  banks  on  hand, 
which  statement  shall  be  signed  by  the  directors,  and  attested 
by  the  cashier,  and  shall  be  verified  by  oath  or  affirmation, 
before  some  person  competent  to  administer  the  same. 

Sect.  8.  Be  it  further  enacted.  That  the  said  corporation  shall 
be  liable  to  pay  to  any  bona  fide  holder  the  original  amount  of 
any  note  of  said  bank  altered,  in  the  course  of  its  circulation 
to  a  larger  amount,  notwithstanding  such  alteration. 

Sect.  9.  Be  it  further  enacted.  That  the  said  corporation  from 
and  after  the  first  Monday  of  October,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twelve,  shall  pay  by  way  of 
tax  to  the  treasurer  of  this  Commonwealth  for  the  use  of  the 


1812. 


-  Chap.  44—45. 


443 


Funds  how  ap- 
propriated. 


same,  within  ten  days  after  each  semi-annual  dividend,  the  half 
of  one  per  cent,  on  the  amount  of  the  original  stock  which  shall 
at  the  time  of  said  dividend  have  been  actually  paid  in.  Pro-  ProTiso. 
vided  however^  that  the  same  tax  payable  in  manner  aforesaid, 
shall  he  required  by  the  legislature,  of  all  banks,  that  shall  be 
hereafter  incorporated  within  this  Commonwealth,  kndi  pro- 
vided further,  that  nothing  herein  shall  be  construed  to  .impair 
the  rights  of  the  legislature  to  lay  a  tax  upon  any  bank  already 
incorporated  under  the  authority  of  this  Commonwealth,  when- 
ever they  may  see  fit  so  to  do. 

Sect.  10.  Be  it  further  enacted^  That  one  tenth  part  of  the 
whole  funds  of  said  bank,  shall  always  be  appropriated  to  loans, 
to  be  made  to  citizens  of  this  Commonwealth,  and  wherein  the 
directors  shall  wholly  and  exclusively  regard  the  agricultural 
and  manufacturing  interest,  which  loans  shall  be  made  in  sums 
not  less  than  one  hundred  dollars,  nor  more  than  five  hundred 
dollars,  and  upon  the  personal  bond  of  the  borrower  with  col- 
lateral security  by  a  mortgage  of  real  estate,  to  the  satisfaction 
of  the  directors  of  said  bank,  for  a  term  not  less  than  one  year, 
and  on  condition  of  paying  the  interest  annually  on  such  loans, 
subject  to  such  forfeitures  and  right  of  redemption,  as  is  by 
law  prescribed  in  other  cases. 

Sect.  11.  Be  it  further  enacted^  That  whenever  the  legisla- 
ture shall  require  it,  the  said  corporation  shall  loan  to  the  Com- 
monwealth any  sum  of  money  which  may  be  required,  not  ex- 
ceeding ten  per  centum  of  the  amount  of  capital  stock  actually 
paid  in,  at  any  one  time,  reimbursable  by  five  annual  instal- 
ments, or  at  any  shorter  period  at  the  election  of  the  Com- 
monwealth, with  the  annual  payments  of  interest,  at  a  rate  not 
exceeding  five  per  centum  per  annum.  Provided  however^  that 
the  Commonwealth  shall  never  at  any  one  time,  stand  indebt- 
ed to  said  corporation  without  their  consent  for  a  larger  sum 
than  twenty  per  centum  of  the  capital  stock  actually  paid  in. 

Sect.  12.  Be  it  further  enacted.  That  the  Commonwealth  shall 
have  a  right,  whenever  the  legislature  shall  make  provision  by 
law,  to  subscribe  on  account  of  the  Commonwealth  a  sum  not 
exceeding  seventy-five  thousand  dollars,  to  be  added  to  the  ca- 
pital stock  of  said  company,  subject  to  such  rules,  regulations 
and  provisions  as  shall  be  by  the  legislature  made  and  estab- 
lished as  to  the  management  thereof.     [June  23,  1812.] 


Proviso. 


Common- 
wealth may  be 
concerned. 


An  Act  to  incorporate  the  President,  Directors  and  Company  of  the   Nantucket 
Pacific  Bank,  on  the  iiland  of  Nantucket. 

Sect.  1,  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Gideon  Gardner,  Tristram  Hussey,  John  Swain,  Heze- 
kiah  B.  Gardner,  Richard  Mitchel,  Obed  Mitchel,  James  J. 
Coffin,  Francis  Joy,  Jethro  Mitchel,  jun.  Benjamin  Coffin,  2d. 
Peter  Hussey,  Christopher  Mitchel  and  Edward  Cary,  jun. 
and  their  associates,  successors  and  assigns,  shall  be,  and  here- 
by are  created  a  corporation  by  the  name  of  the  President, 
Directors  and  Company  of  the  Nantucket  Pacific  Bank,  on  the 
island  of  Nantucket,  and  shall  so  continue  from  the  first  Mon- 
day of  October  next,  for  the  term  of  nineteen  years  next  en- 
suing, and  by  that  name  shall  be,  and  hereby  are  made  capa- 


Chap.  45. 


Persons  incor- 
porated. 


How  long  t« 
continue. 


444 


1812. 


Chap.  45. 


May  make  by- 
laws. 


Proviso. 


Capital    stock, 
(increased  by 
1817  ch.  65.) 
when  to  be 
paid. 

(Altered  by 
1817  ch.  65.) 


Transferring 
stock,  &c. 


Proviso, 


May  hold  es- 
tate. 


Provise. 


Proviso. 


(1811  ch.84,) 


Cashier  shall 
give  bonds. 


ble  in  law  to  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended  in  any  court  of  record,  or  any  other  place 
whatever,  and  also  to  make,  have  and  use  a  common  seal,  and 
the  same  at  pleasure  to  break,  alter  and  renew,  and  to  ordain, 
establish  and  put  in  execution  such  by-laws,  ordinances  and  re- 
gulations as  to  them  appear  to  be  necessary  and  convenient  for 
the  government  of  the  said  corporation,  and  the  prudent  man- 
agement of  their  aftairs.  Provided,  such  by-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  pro- 
visions herein  prescribed. 

Sect.  2.  Beit  further  enacted.  That  the  capital  stock  of  said 
corporation  shall  consist  of  one  hundred  thousand  dollars,  di- 
vided into  shares  of  one  hundred  dollars  each,  to  be  paid  in 
gold  and  silver,  one  quarter  on  or  before  the  first  Monday  of 
October  next,  and  the  remainder  on  the  first  Monday  of  July, 
which  will  be  in  the  year  eighteen  hundred  and  thirteen,  or  as 
much  sooner  as  the  stockholders  shall  determine ;  and  the 
stockholders  at  their  first  meeting  shall  by  a  majority  of  votes 
determine  the  mode  of  transferring  and  disposing  of  the  stock 
and  profits  thereof,  which  being  entered  in  the  books  of  the 
said  corporation,  shall  be  binding  on  the  stockholders,  their 
successors  and  assigns.  Provided  that  no  stockholder  shall  be 
allowed  to  borrow  at  the  said  bank  until  he  or  she  shall  have 
paid  in  his  or  her  full  proportion  of  the  said  one  hundred  thou- 
sand dollars,  and  the  said  corporation  are  hereby  made  capa- 
ble in  law  to  have,  hold,  purchase,  receive,  possess,  enjoy  and 
retain  to  them,  their  successors  and  assigns,  lands,  rents,  tene- 
ments 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,  tenements  and  hereditaments  ;  and 
to  loan  and  negotiate  their  monies  and  eftects  by  discounting  on 
banking  principles  on  such  security  as  they  shall  think  advisa- 
ble. Provided  hozoever,  that  nothing  herein  contained  shall  re- 
strain or  prevent  the  said  corporation  from  taking  and  holding 
real  estate  in  mortgages  or  on  execution  to  any  amount  as  se- 
curity for,  or  in  payment  of  any  debts  due  to  the  said  corpora- 
tion. Provided  further,  that  no  money  shall  be  loaned  nor  dis- 
counts made,  nor  shall  any  bills  or  promissory  notes  be  issued 
from  said  bank  until  the  capital  subscribed  and  actually  paid 
in,  and  existing  in  gold  and  silver  in  their  vaults  shall  amount 
to  tAventy-five  thousand  dollars. 

Sect.  3.  Be  it  further  enacted,  That  the  rules,  limitations, 
provisions,  restrictions  and  reservations  which  are  provided 
in  and  by  the  third  section  of  an  act  entitled  "  An  act  to  in- 
corporate the  President,  Directors,  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established.  Pro-' 
vided,  that  the  bond  required  to  be  given  by  the  cashier  shall 
be  given  in  the  penalty  of  twenty  thousand  dollars ;  that  the 
number  of  directors  to  be  annually  chosen  shall  be  nine  and 
five  may  constitute  a  quorum  for  the  transaction  of  business, 
and  provided  also,  that  the    amount  of  debts  at  any   time  due 


1812. Chap.  45.  446 

from  said  bank  shall  not  exceed  fifty  per  cent,  beyond  the  cap- 
ital stock  actually  paid  in. 

Sect.  4.     Be  it  further  enacted^  That  the  said  bank  shall  be  where  to  be 
established  and  kept  in  the  town  of  Nantucket.  established. 

Sect.  5.  Be  it  fur'her  enacted,  Thai  any  committee  spe- 
cially appointed  by  the  Legislature  for  the  purpose,  shall  have 
a  right  to  examine  into  the  doings  of  said  corporation,  and 
shall  have  free  access  to  all  their  books  and  vaults,  and  Legislature 
if  upon  such  examination  it  shall  be  found,  and  after  a  full  f^f^^  ^^J^^  ^'" 
hearing  of  said  corporation  thereon  be  determined  by  the  Leg- 
islature that  said  corporation  have  exceeded  the  power  here- 
in granted  them,  or  failed  to  comply  with  any  of  the  rules, 
restrictions  and  conditions  in  this  act  provided,  their  incorpo- 
ation  may  thereupon  be  declared  forfeited  and  void. 

Sect.  6.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  directors  of  said  bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  and  as  they  may  require, 
accurate  and  just  statements  of  the  amounts  of  the  capital  ^^^^^  ^^^.^.^^ 
stock  of  said  corporation,  and  of  the  debts  due  the  same,  of  a  statement. 
the  monies  deposited  therein,  of  the  notes  in  circulation,  and 
of  the  gold,  silver,  and  copper  coin,  and  the  bills  of  other 
banks  on  hand,  which  statement  shall  be  signed  by  the  direc- 
tors, and  attested  by  the  cashier,  and  verified  by  oath  or  af- 
firmation, before  some  person  competent  to  administer  the 
same. 

Sect.    7.     Be   it  further   enacted,    That  the  said    corpora- 
tion shall    be  liable  to  pay  any   bom  fide  holder  the  orieinal  ^j^^^^^PYofes"' 
amount  of  any  note  of  said  bank,  counterfeited   or  altered  in  ' 
the  course  of  its  circulation  to  a  larger  amount,  notwithstand- 
ing such  alteration. 

Sect.    8.     Be  it  further   enacted,  That  the    Commonweakh 
shall  have  a  right  whenever  the  government  thereof  shall  make  f.^^^^^_ 
provision  by  law,  to  subscribe  to,  and    become   interested  in  wealth  to 
the  capital  stock  of  said  bank,  by  adding  thereto  a   sum  not  hold  Stock, 
exceeding-  thirty  thousand  dollars,  subject  to   the  rules,  regula- 
tions and  provisions  to  be  by  them  established. 

Sect.  9.  Be  it  further  enacted,  That  Gideon  Gardner,  Je- 
thro  Mitchel,  and  Benjamin  Coflin,  2d.  herein  before  named.  May  call 
are  authorized  to  call  a  meeting  of  the  members  and  Stock-  Meetings, 
holders  of  said  corporation  at  such  time  and  place  as  they 
shall  see  fit,  (by  advertising  the  same  in  different  parts  of  the 
town  of  Nantucket,  three  weeks  successively,)  for  the  purpose 
of  making,  ordaining  and  establishing  such  by-laws,  ordinan- 
ces and  regulations,  for  conducting  the  affairs  of  said  corpora- 
tion as  the  Stockholders  shall  deem  necessary,  and  for  the 
choice  of  the  first  board  of  directors,  and  such  other  officers 
as  they  shall  deem  fit  to  choose. 

Sect.  10.     Be   it  further  enacted,  That  the  said  corporation, 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by  ShaJ'^Pjy  ^ 
way  of  tax  to  the  treasurer  of  this  Commonwealth  for  the  use  Jr^eVsurer^f 
of  the  same,  within  ten  days  after  each  semi-annual  dividend,  state. 


446 


1812. 


Chap.  45—46. 


Shall  loan  to 
the  Common- 
wealth. ■ 


Proviso. 


the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall  at  the  time  of  said  dividend  have  been  actually 
Proviso.  P^i^  ^"*     Provided  however,  That  the  same  tax  payable  in  man- 

ner aforesaid  shall  be  required  by  the  Legislature  of  all  the 
banks,  that  shall  be  hereafter  incorporated  within  this  Com- 
monwealth :  And  provided  further,  that  nothing  herein  con- 
tained shall  be  construed  to  impair  the  right  of  the  Legislature 
to  lay  a  tax  or  excise  upon  any  bank  already  incorporated 
under  the  authority  of  this  Commonwealth  whenever  they  may 
think  proper  so  to  do. 

Sect.  11.  Be  it  further  enacted,  That  whenever  the  Legis- 
lature shall  require  it,  the  said  corporation  shall  loan  to  the 
Commonwealth  any  sum  of  money  which  may  be  required  not 
exceeding  ten  per  centum  of  the  amount  of  the  capital  stock 
actually  paid  in,  at  any  one  time,  reimbursable  at  five  annual 
instalments,  or  at  any  shorter  period  at  the  election  of  the 
Commonwealth,  with  the  annual  payments  of  interest,  at  a 
rate  not  exceeding  five  per  centum  per  annum.  Provided  how- 
ever. That  the  Commonwealth  shall  never  at  any  one  lime 
stand  indebted  to  said  corporation  without  their  consent,  for  a 
larger  sum  than  twenty  per  centum  of  the  capital  actually  paid 
in. 

Sect.  1 2.  Be  it  further  enacted.  That  one  tenth  part  of  the 
whole  funds  of  said  bank  shall  always  be  appropriated  to  loans 
to  be  made  to  citizens  of  this  Commonwealth,  and  wherein  the 
Directors  shall  wholly  and  exclusively  regard  the  agricul- 
tural and  manufacturing  interest,  which  loans  shall  be  made  in 
sums  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars  and  upon  the  personal  bond  of  the  borrower, 
with  collateral  security  by  a  mortgage  of  real  estate  to  the 
satisfaction  of  the  directors  of  said  bank,  for  a  term  not  less 
than  one  year,  and  on  condition  of  paying  the  interest  annu- 
ally on  such  loans,  subject  to  such  forfeitures,  and  rights  of 
redemption  as  is  by  law  provided  in  other  cases.  [June  23, 
1812.]     See  1817  ch.  65. 

An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Mechanics 
Bank  in  Newburyport, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  John  O.  Brian,  James  Prince,  William  Russell, 
Joshua  Little,  William  Davis,  Abraham  Williams,  John  Brick- 
et,  James  Horton  and  Oilman  Frothingham,  their  associates, 
successors,  and  assigns  shall  be,  and  hereby  are  created  a 
Corporation  by  the  name  of  The  President,  Directors  and 
Company  of  the  Mechanic's  Bank,  and  shall  so  continue  from 
the  first  day  of  October  next,  for  the  term  of  nineteen  years 
next  enusuing,  and  by  that  name  shall  be,  and  hereby  are 
made  capable  in  law,  to  sue,  and  be  sued,  plead  and  be  im- 
pleaded, defend  and  be  defended  in  any  Courts  of  Record  or 
any  other  place  whatever,  and  also  to  make,  have,  and  use  a 
May  make  common  seal,  and  to  ordain,  establish  and  put  in  execution 
by-laws.  such  by-laws,  ordinances  and  regulations  as  to  them  may  ap- 


Amount  to  be 
appropriated 
to  loans. 


Chap.  46. 


Persons  in- 
corporated. 


1812. 


Chap.  46. 


447 


pear  necessary  and  convenient,  for  the  government  of  the  said 
corporation  and  the  prudent  management  of  their  affairs. 
Provided  such  by-laws,  ordinances  and  regulations,  shall  in  no 
wise  be  contrary  to  the  Constitution  and  laws  of  this  Com- 
monwealth, and  the  said  corporation  shall  be  always  subject 
to  the  rules,  restrictions,  limitations  and  provisions  herein  pre-, 
scribed. 

Sect.  2.  And  be  it  further  enacted,  That  the  capital  stock  of 
the  said  corporation  shall  consist  of  a  sum  not  less  than  two  hun- 
dred thousand  dollars  in  gold  and  silver,  divided  into  shares 
of  one  hundred  dollars  each,  which  shall  be  paid  in  at  four 
equal  instalments,  the  first,  on  the  first  day  of  October  next, 
the  second  on  the  first  day  of  January,  the  third  on  the  first 
day  of  April  next,  and  the  fourth  on  the  first  day  of  July, 
which  will  be  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirteen  ;  and  the  Stockholders  at  their  first  meeting 
shall  by  a  majority  of  votes,  determine  the  mode  of  transfer- 
ring and  disposing  of  said  stock  and  the  profits  thereof,  which 
being  entered  in  the  books  of  said  corporation,  shall  be  bind- 
ing on  the  Stockholders,  their  successors  and  assigns,  and  the 
said  corporation  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 
hereditaments  to  the  amount  of  fifty  thousand  dollars,  and  no 
more  at  any  one  time,  with  power  to  bargain,  sell  and  dispose 
of  the  same,  and  to  loan  and  negotiate  their  monies  and  ef- 
fects, by  discounting  on  banking  principles  on  such  security 
as  they  shall  think  advisable.  Provided  however,  That  no- 
thing herein  contained,  shall  restrain  or  prevent  the  said  cor- 
poration from  taking  and  holding  real  estate  in  mortgage,  or 
on  execution,  to  any  amount  as  security  for,  or  in  payment 
of  any  debts  due  to  the  said  corporation,  and  provided  further, 
that  no  money  shall  be  loaned  or  discounts  made,  nor  shall 
any  bills  or  promissory  notes  be  issued  from  said  bank,  until 
the  capital  subscribed  and  actually  paid  in,  and  existing  in 
gold  and  silver  in  their  vaults,  shall  amount  to  fifty  thousand 
dollars. 

Sect.  3.  Be  it  further  enacted,  That  the  rules,  restrictions, 
limitations,  reservations  and  provisions,  which  are  provided  in 
and  by  the  third  section  of  an  act  entitled,  "  An  act  to  incor- 
porate the  President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established. 
Provided,  that  the  bond  required  to  be  given  by  the  Cashier 
shall  be  given  in  the  penalty  of  twenty  thousand  dollars,  that 
the  number  of  Directors  to  be  annually  chosen  shall  be  nine, 
and  five  may  constitute  a  quorum  for  the  transaction  of  busi- 
ness. And  provided  also  that  the  amount  of  debts  at  any  time 
due  from  said  bank  shall  not  exceed  fifty  percent,  beyond  the 
capital  stock  actually  paid  in. 

Sect.  4.  Be  it  further  enacted.  That  the  said  Bank  shall 
be  established  and  kept  in  the  town  of  Newburyport. 

Sect.  5.  Be  it  further  enacted.  That  any  committee  specially 
appointed  by  the  Legislature  for  the  purpose,  shall  have  a 


Proviso, 


Capital^  stock, 

when  to  be 
paid. 

(Altered  by 
1313  ch.    26.) 


May  hold  es 
tate. 


Proviso. 


(1811  ch.  84.) 


Cashier  shall 
give  bonds. 

(Altered  by 
1816  ch.  91.) 


Where  to  be 
established. 


448 


1812. 


Chap.  46. 


Legislature 
shall  have  ac- 
cess, &c. 


May  call 
meetings. 


Shall  exhibit 
a  statement. 


Shall  pay  al- 
tered bills. 


Shall  pay  a 
tax  to  the 
Treasurer 
of  State. 


Provis 


Amount  to  be 
appropriated 
to  loans. 


right  to  examine  into  the  doings  of  said  corporation,  and  shall 
have  free  access  to  all  their  books  and  vaults,  and  if  upon  such 
an  examination  it  shall  be  found,  and  after  a  full  hearing  of 
said  corporation  thereon  be  determined  by  the  Legislature  that 
said  corporation  have  exceeded  the  power  herein  granted 
them,  or  failed  to  comply  with  any  of  the  rules,  restrictions, 
and  conditions  in  this  act  provided,  their  incorporation  may 
thereupon  be  declared  forfeited  and  void. 

Sect.  6.  Be  it  further  enacted,  That  the  persons  herein  be- 
fore 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  for  three  wreks  successively  in  two 
Newspapers  printed  in  the  County  of  Essex,  for  the  purpose 
of  making,  ordaining  and  establishing  such  by-laws,-  ordinan- 
ces and  regulations  for  the  orderly  conducting  the  affairs  of 
the  said  corporation,  as  the  said  Stockholders  shall  deem  ne- 
cessary, and  for  the  choice  of  the  first  board  of  directors,  and 
such  other  officers  as  they  shall  see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  directors  of  said  Bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amounts  of  the  capital  stock 
of  said  corporation  and  of  debts  due  to  the  same,  of  the  mo- 
nies deposited  therein,  of  the  notes  in  circulation,  and  of  the 
gold,  silver,  and  copper  coin,  and  the  bills  of  other  banks  on 
hand,  which  statement  shall  be  signed  by  the  directors,  and 
attested  by  the  cashier,  and  shall  be  verified  by  oath,  or  af- 
firmation, before  some  person  competent  to  administer  the 
same. 

Sect.  8.  Be  it  further  enacted.  That  the  said  corporation 
shall  be  liable  to  pay  to  any  bona  fide  holder,  the  original 
amount  of  any  note  of  said  bank,  counterfeited  or  altered  in 
the  course  of  its  circulation  to  a  larger  amount,  notwithstand- 
ing such  alteration. 

Sect.  9.  Be  it  further  enacted,  That  the  said  corporation 
from  and  after  the  first  Monday  of  October  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twelve,  shall  pay  by 
way  of  tax  to  the  Treasurer  of  this  Commonwealth  for  the 
use  of  the  same,  within  ten  days  after  each  semi-annual  divi- 
dend, the  half  of  one  per  cent,  on  the  amount  of  the  original 
stock  which  shall  at  the  time  of  said  dividend  have  been  ac- 
tually paid  in.  Provided  hoioever,  that  the  same  tax  payable 
in  manner  aforesaid,  shall  be  required  by  the  Legislature  of 
all  banks,  that  shall  be  hereafter  incorporated  within  this 
Commonwealth.  And  provided  further  that  nothing  herein 
shall  be  construed  to  impair  the  rights  of  the  Legislature  to 
lay  a  tax  upon  any  bank  already  incorporated  under  the  au- 
thority of  this  Commonwealth,  whenever  they  may  see  fit  so 
to  do. 

Sect.  10.  Be  it  further  enacted.  That  one  tenth  part  of  the 
whole  funds  of  said  bank  shall   always   be  appropriated  to 


1812.  — —  Chap.  46—49.  449 

loans,  to  be   made  to   citizens  of  this  Commonwealth,   and 
wherein  the  Directors  shall  wholly  and  exclusively  regard  the 
agricultural  and  manufactui^^ing  interest,  which  loans  shall  be  Amount  of 
made  in  sums  not  less  than  one    hundred    dollars  nor  more 
than  five  hundred  dollars,  and  upon  the  personal  bond  of  the 
borrower,  with  collateral  security  by  a  mort^rage  of  real  es-  Security  for 
tate   to  the  satisfaction  of  the  Directors  of  said   bank,  for   a  ^o&ns. 
term  not  less  than  one  year,  and  on  condition  of  paying  the 
interest  annually  on  such  loans  subject  to  such  forfeitures,  and 
rights  of  redemption  as  is  by  law  provided  in  other  cases. 

Sect.  11.     Be  it  further  enacted,  That  whenever  the  Lcgis-  shall  loan  to 
lature  shall  require  it,  the  said  corporation  shall   loan  to  the  the  Common- 
Commonwealth  any  sum  of  money  which  may  be  required  not  ^^'^^i^^' 
exceeding  ten  per  centum  of  the  amount  of  the  capital   Stock 
actually  paid  in,  at  any  one  time,  reimbursable  by  five  annu- 
al instalments  or  at  any  shorter  period  at  the  election  of  the 
Commonwealth,    with  the    annual  payments  of  interest,  at    a 
rate  not  exceeding  five  per  centum  per  annum.     Provided  how-  Proviso. 
ever,  That  the   Commonwealth  shall   never    at  any  one    time 
stand  indebted   to  said  corporation  without  their  consent  for 
a  larger  sum  than  twenty  per  centum  of  the   capital  stock  ac- 
tually paid  in. 

Sect.  12.  Be  it  further  enacted,  That  the  Commonwealth  Common- 
shall  have  a  right,  whenever  the  Legislature  shall  make  pro-  ^^^^^^^i^^J 
vision  by  law,  to  subscribe  on  account  of  the  Commonwealth  a 
sum  not  exceeding  one  hundred  and  fifty  thousand  dollars  to 
be  added  to  the  capital  stock  of  said  company  subject  to  such 
rules,  regulations  and  provisions,  as  shall  be  by  the  Legislature 
made  and  established,  as  to  the  management  thereof.  [June  23, 
1812.]     Further  acts— 1813  ch.  26  :   1816  ch.  97. 

An  Act  to  incorporate  the  President,  Directors  and  Company  of  the   Taunton   C/lCp.  49. 
Bank. 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Simeon    Tisdale,    Samuel    Fales,  Joseph  Tisdale,  Persons  incor- 
Samuel  Crocker,  Job  Godfrej"-,  Jun.  Eliphalet  Williams,  Marcus  ^'°^^  ^ 
Morton,  John  West,  James  L.  Hodges,  Nicholas  Tillinghast, 
John  Presbry  and  Jonathan  Ingell,  their  associates,  successors 
and  assigns,  shall  be,  and  hereby  are  created  a  Corporation  by 
the  name  of  The  President,  Directors  and  Company  of  the 
Taunton  Bank,  and  shall  so  continue  until  the-first  day  of  Octo- 
ber, which  will  be  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-one,  and  by  that  name  shall  be,  and  here-   . 
by  are  made  capable  in  law  to  sue  and  be  sued,  plead  and  be 
impleaded,  defend  and  be  defended  in  any  Courts  of  Record,  or 
any  other  place  whatever,  and  also  to  make,  have,   and   use  a 
common  seal,  and  to  ordain,  establish,  and  put  in  execution  such 
by-laws,  ordinances  and  regulations  as  to  them  may  appear  May  make 
necessary  and  convenient,  for  the  government  of  said  corpora-  ^y-i^^s. 
tion,  and  the  prudent  management  of  their  affairs.     Provided,  I'roviso. 
such  by-laws,  ordinances,  and  regulations,  shall  in  no  wise  be 
contrary  to  the  constitution  and  laws  of  this  Commonwealth ; 

VOL.  IV.  57 


450  1812. Chap.  40. 

and  tfie  said  corporation  shall  be  always  subject  to  the  rules, 
restrictions,  limitations  and  provisions  herein  prescribed. 
Capital  stock.       Sect.  2.     Be  it  further   enacted,  That   the  capital  stock  of 
the  said   corporation  shall  consist  of  the  sum  of  one  hundred 
thousand  dollars,  in  gold  and  silver,  divided  into  shares  of  one 
hundred  dollars  each,  which  shall  be  paid  in  at  four  equal  in- 
Whento  be       stalmcuts,  the  first  on  the  first  day  of  October  next,  the  second 
paid.  on  the  first  day  of  April  next  after,  the  third  on  the  first  day 

of  October  next  after,  the  fourth  on  the  first  day  of  April 
next  after  ;  or  at  such  earlier  time  as  the  stockholders  at  any 
meeting  thereof  may  order.  And  the  stockholders  at  their  first 
meeting  by  a  mijority  of  votes,  rnay  determine  the  mode  of 
transferring  and  disposing  of  said  slock  and  the  profits  thereof, 
which  being  entered  on  the  books  of  said  corporation,  shall  be 
binding  on  the  stockholders,  their  successors  and  assigns,  until 
they  shall  otherwise  determine  ;  and  the  said  corporation  arc 
hereby  made  capable  in  law  to  have,  hold,  purchase,  receive, 
possess,  enjoy  and  retain  to  them  their  successors,  and  assigns, 
May  hold  es-  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,  and  to  loan 
and  negotiate  their  monies  and  eifects,  by  discounting  on  bank- 
ing principles  on  such  security  as  they  shall  think  advisable. 
Proviso.  Provided  hozoever,  That  nothing  herein  contained,  shall  restrain 

or  prevent  said  corporation  from  taking  and  holding  real 
estate  in  mortgage,  or  on  execution  to  any  amount  as  security 
for,  or  in  payment  of  any  debts  due  to  said  corporation  ; 
provided  farther,  that  no  money  shall  be  loaned  or  discounts 
made,  nor  shall  any  bills  or  promissory  notes  be  issued  from 
said  bank,  until  the  capital  subscribed  and  actually  paid  in, 
and  existing  in  gold  and  silver  in  their  vaults  shall  amount  to 
twenty-five  thousand  dollars. 

Sect.  3.     Be  it  further  enacted.   That  the  rules,  limitations, 
and  provisions,  which  are  provided  in  and  by  the  third  section 
(1811  ch.  3-1.)    of  an  Act,  entitled,  "  An  Act  to  incorporate  the  President,  Di- 
rectors  and  Company  of  the  StateBank,"  shall  be  binding  on 
Proviso.  the  bank  hereby  established.     Provided,  that  the  bond  requir- 

Cashier  shall  ed  to  be  given  by  the  Cashier,  shall  be  given  in  the  penalty  of 
give  bonds.  twenty  thousand  dollars,  that  the  number  of  Directors  to  be 
annually  chosen  shall  be  nine,  and  five  may  constitute  a  quo- 
rum for  the  transaction  of  business..  Mnd  provided  also,  That 
the  amount  of  de'its  at  any  time  due  from  said  bank  shall  not 
exceed  fifty  per  cent,  beyond  their  capital  stock  actually  paid 
in. 

Sect.  4.  Be  it  further  enacted,  That  the  said  Bank  shall  be 
established  and  kept  in  the  town  of  Taunton. 
Shall  loan  to  Sect.  5.  Be  it  further  enacted,  That  whenever  the  Legis- 
the  Common-  lature  shall  require  it,  the  said  corporation  shall  loan  to  the 
Commonwealth  any  sum  of  money  which  may  be  required,  not 
exceeding  ten  thousand  dollars,  at  any  one  time  reimbursable 
by  five  annual  instalments  or  at  any  shorter  period  at  the 
election  of  the  Commonwealth  with  the  annual  payments  of 
interest,   at  a  rate  not  exceeding  five  per  cent,   per  annum. 


1812. Chap.  49.  451 

Provided  however.  That  the  Commonwealth  shall  never  at  one  Proviso. 
lime,  stand  indebted  to  the  said  corporation  without  their  con- 
sent for  a  larger  sum  than  twenty  thousand  dollars. 

Sect.  6.   Be  if.  further  enacted.  That  any  Committee  specially  Leg\slature 
appointed  by  the  Legislature  for  that  purpose,  shall  have  a  right  ^^^^  to\auits, 
to  examine  into  the  doings  of  said  cor{)oi-ation  and  shall  have  &;c. 
free  access  to  all  their  books  and  vaults,  and  if  upon  such  an 
examination  it  shall  be  found,  and  .after  a  full  hearing  ol  said 
corporation  thereon  be  determined  by  the  Legislature  that  said 
corporation  have  exceeded  the  powers  herein  granted  them  or 
failed  to  comply  with  any  of  the  rules,  restrictions  and  condi- 
tions in  this  act  provided,  the  incorporation   shall  thereupon 
be  declared  forfeited  and  void. 

Sect.   7.     Be    it  further  enacted,  That   the   persons   herein  May  hold 
before  named,  or  a  majority  of  them  are  authorized  to  call  a  meeting, 
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  three  weeks  successisely  in  the  New-       • 
Bedford  Mercury,   and  the  New-Bedfoid  Gazette,  printed  in 
New-Bedford,  for  the  purpose  of  making,  ordaining  and  es- 
tablishino;  such  by-laws  ordinances  and    regulations    for    the 
orderly  conducting  the  affairs   of  the  said   corporation  as  the 
said  Stockholders  shall  deem  necessai'y,  and  for  the  choice  of 
the  first  board  of  Directors,  and  such  other  officers  as  they 
shall  see  fit  to  choose. 

Sect.  8.  Be  it  further  enacted.  That  it  shall  be  the  duly  of  Shall  exhibit 
the  Directors  of  said  Bank  to  transmit  to  the  Governor  and  ^  statement  of 
Council  of  this  Commonwealth  for  the  time  being  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amount  of  the  capital  stock 
of  said  corporation,  and  of  debts  due  the  same,  of  the  monies 
deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
silver  and  copper  coin,  and  the  bills  of  other  banks  on  hand, 
which  statement  shall  be  signed  by  the  Directors,  and  attested 
by  the  Cashier,  and  shall  be  verified  by  oath  before  some  per- 
son competent  to  administer  the  same. 

Sect.  9.  Be  it  further  enacted.  That  the  Commonwealth  Common- 
shall  have  a  right  whenever  the  Legislature  shall  make  pro-  g^o-ck^*°  ° 
vision  by  law  to  subscribe  on  account  of  the  Commonwealth  a 
sum  not  exceeding  fifty  thousand  dollars,  to  be  added  to  the 
capital  stock  of  said  company,  subject  to  such  rules,  regula- 
tions and  provisions  as  shall  be  by  the  Legislature  made  and 
established  as  to  the  jmnagement  thereof. 

Sect.   10.     Be  it  further  enacted,  That  the  said  corporation  Shall  pay  ai- 
shall   be  liable  (o  pay  to  any   bona  fide   holder   the  original  tered  notef. 
amount  on  any  note   of  said   bank  altered,   in  the  course  of 
its  circulation  to  a  larger  amount,  notwithstanding  such  altera- 
tion. 

Sect.  11.     Be  it  further  enacted,  That  the  said  corporation  Shall  pay  a  tax 
from  and  after  the  first  Monday  of  October,  in  the  year  of  our  ^°  ^^^  Js^^' 
Lord  one  thousand  eight  hundred   and   twelve,  shall  pay  hy 
way  of  tax  to  the  Treasurer  of  this  Commonwealth  for  the  use 
of  the  same,  within  ten  days  after  each  semi-annual  dividend, 


452 


1812. 


Chap.  49—50. 


Proviso. 


the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall  at  the  time  of  said  dividend  have  been  actually 
paid  in.  Provided  however,  That  the  same  tax  payable  in  man- 
ner aforesaid  shall  be  required  by  the  Legislature  of  all  banks, 
that  shall  be  hereafter  incorporated  within  this  Commonwealth, 
from  and  after  the  said  first  Monday  of  October  ;  and  provided 
further,  that  nothing  herein  contained  shall  be  construed  to 
impair  the  right  of  the  Legislature  to  lay  a  tax  or  excise  upon 
any  bank  already  incorporated  under  the  authority  of  this 
Commonwealth  whenever  they  may  think  proper  so  to  do. 

Sect.  12.  Be  it  further,  enacted.  That  one  tenth  part  of  the 
whole  funds  of  said  bank  shall  always  be  appropriated  to 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  and  where- 
in the  Directors  shall  wholly  and  exclusively  regard  the  agri- 
cultural and  manufacturing  interest,  which  loans  shall  be  made 
in  sums  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  and  upon  the  personal  bond  of  the  borrower, 
wath  collateral  security  by  a  mortgage  of  real  estate  to  the 
satisfaction  of  the  Directors  of  said  Bank,  for  a  term  not  less 
than  one  year,  and  on  condition  of  paying  the  interest  annual- 
ly on  such  loans  subject  to  such  forfeitures,  and  right  of  re- 
demption as  is  by  law  provided  in  other  cases.  {June  23, 
1812.] 

An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  Newbury- 
port  Bank. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  William  Bartlett,  Joshua  Carter,  Thomas  M.  Clark,  Ab- 
ner  Wood,  Ebenezer  Wheelwright,  their  associates,  successors 
and  assigns,  shall  be  and  hereby  are  created  a  Corporation, 
.by  the  name  of  the  President,  Directors  and  Company  of  the 
Newburyport  Bank  ;  and  shall  so  continue  from  the  first  day 
of  October  next,  to  the  first  day  of  October,  which  will  be  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
one,  and  by  that  name  shall  be,  and  hereby  are  made  capable 
in  law,  to  sue,  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended  in  any  Courts  of  Record  or  any  other  place 
whatever,  and  also  to  make,  have,  and  use  a  common  seal,  and 
to  ordain  establish  and  put  in  execution  such  by-laws,  ordinan- 
ces and  regulations  as  to  them  may  appear  necessary  and  con- 
venient, for  the  government  of  the  said  corporation  and  the 
prudent  management  of  their  affairs.  Provided,  such  by  laws, 
ordinances,  and  regulations,  shall  in  no  wise  be  contrary  to  the 
constitution  and  laws  of  this  Commonwealth,  and  the  said  cor- 
poration shall  be  always  subject  to  the  rules,  restrictions,  and 
provisions  herein  prescribed. 
Capital  stock.  Sect.  2.  Be  it  further  enacted.  That  the  capital  stock  of 
the  said  corporation  shall  consist  of  three  hundred  and  fifty 
thousand  dollars,  in  gold  and  silver,  divided  into  shares  of 
one  hundred  dollars  each,  to  be  paid  in  at  four  equal  in- 
stalments, the  first  on  the  first  day  of  October  next,  the 
second  on  the  first  Monday  of  January,  the  third  on  the  first 


Amount  to  be 
appropriated 
to  loans. 


Amount  of 
loans. 

Security  for 
loans. 


Chap.  50. 


Persons   incov 
porated, 


May  make  by 
laws. 


(Altered  by 
1814  eh.  60.) 

When  to  be 
paid  in. 


1812.- Chap.  50.  45S 

Monday  of  April,  and  the  fourth  on  the  first  day  of  July  which 
will  be  in  the  year  of  our  Lord  eighteen  hundred  and  thir- 
teen, or  at  such  earlier  times  as  the  said  Stockholders  at 
any  meeting  thereof  may  order.  And  the  Stockholders  at 
their  first  meeting  shall  by  a  majority  of  votes,  determine 
the  mode  of  transferring  and  disposing  of  said  stock  and  the 
profits  thereof,  which  being  entered  in  the  books  of  said 
corporation,  shall  be  binding  op  the  Stockholders,  their  succes- 
sors and  assigns,  and  the  said  corporation  are  hereby  made 
capable  in  law  to  have,  hold,  purchase,  receive,  possess,  enjoy  May  hold  es- 
and  retain  to  them,  their  successors,  and  assigns,  lands,  rents,  tate. 
tenements,  and  hereditaments,  to  the  amount  of  fifty  thousand 
dollars,  and  no  more  at  any  one  time,  with  power  to  bargain, 
sell  and  dispose  of  the  same,  and  to  loan  and  negotiate  their 
monies  and  effects,  by  discounting  on  banking  principles  on 
such  security  as  they  shall  think  advisable.  Provided  however^  Proviso. 
That  nothing  herein  contained  shall  restrain  or  prevent  the 
said  corporation  from  taking  and  holding  real  estate  in  mort- 
gage or  on  an  execution,  to  any  amount  as  security  for,  or  in 
payment  of  any  debts  due  to  the  said  corporation  ;  and  provided 
further.  That  no  monies  shall  be  loaned,  or  discounts  made, 
nor  shall  any  bills  or  promissory  notes  be  issued  from  said 
bank,  until  the  capital  subscribed  and  actually  paid  in,  and 
existing  in  gold  and  silver  in  their  vaults,  shall  amount  to 
ninety  thousand  dollars. 

Sect.  3.     Be  it  further  enacted.    That  the  rules,  restrictions, 
limitations,  reservations  and  provisions,  which  are  provided  in 
and  by  the  third  section  of  an  Act,  entitled,  "An  Act  to  incor-  (lan  ch.  84.) 
porate   the   President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established.   Pro-  Proviso. 
vided,  That  any  Director  of  the  Newburyport  bank  now  exist- 
ing may  be  eligible  as  a  Director  of  the  bank  hereby  establish- 
ed ;  that  the  bond  required  to  be  given  by  the  Cashier,  shall  Cashier  shall 
be  given  in  the  penalty  of  ten  thousand  dollars,  and  that  the  g'^e  bonds, 
number  of  Directors  to  be  annually  chosen  shall  be  seven, 
and  four  may  constitute  a  quorum  for  the  transaction  of  busi- 
ness,    jind  provided  also.  That  the  amount  of  bills  at  any  time 
issued  from  said  bank,  shall  not  exceed  fifty  per  cent,  beyond 
the  capital  stock  actually  paid  in. 

Sect.  4.  Be  it  further  enacted,  That  the  said  Bank  shall  be  Where  to  be 
established  and  kept  in  the  town  of  Newburyport,  in  the  county  established, 
of  Essex. 

Sect.  5.     Be  it  further  enacted,  That  any  committee  special-  Legislature 
ly  appointed   by  the  Legislature  for  the  purpose,  shall  have  a  shall  have  ac- 
right  to  examine  into  the  doings  of  said  corporation,  and  shall  ^^^  ^°  vaults, 
have  free  access  to  all  their  books  and  vaults,  and  if  upon  such 
an  examination   it  shall  be  found,  and  after  a  full  hearing  of 
said  corporation  thereon  be  determined  by  the  Legislature  that 
said  corporation  have  exceeded  the  power  herein  granted  them, 
or  failed  to  comply  with  any  of  the  rules,  restrictions  and  con- 
ditions in  this  Act  provided,  their  incorporation  may  thereupon 
be  declared  forfeited  and  void. 

Sect.  6.     Be  it  further  enacted,  That  the  persons  herein  be-  May  call 
fore  named,  or  any  three  of  them  are  authorized  to  call  a  meet-  meetings. 


454 


1812. 


Chap.  50. 


Shall  exhibit  a 
statement  of 
accounts. 


Shall  pay  al- 
tered notes. 


Shall  pay  tax 
to  Com- 
monwealth. 


Proviso. 


Funds  how 
appropriated. 


ing  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  for  three  weeks  successively  in  all  the 
newspapers  printed  at  Newburyport  for  the  time  being,  for  the 
purpose  of  making,  ordaining  and  establishing  such  by-laws, 
ordinances  and  regulations  for  the  orderly  conducting  the 
affairs  of  the  said  corporation  as  the  said  stockholders  shall 
deem  necessary,  and  for  the  choice  of  the  first  board  of  Direc- 
tors, and  such  other  officers  as  they  shall  see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Directors  of  said  Bank  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amount  of  the  capital  stock  of 
said  corporation,  and  of  debts  due  to  the  same,  of  the  monies 
deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
silver  and  copper  coin,  and  the  bills  of  other  banks  on  hand, 
which  statement  shall  be  signed  by  the  Directors,  and  attested 
by  the  Cashier,  and  shall  be  verified  by  oath  or  affirmation, 
before  some  person  competent  to  administer  the  same. 

Sect.  8.  Be  if  further  enacted,  That  the  S5iid  corporation 
shall  be  liable  to  pay  to  any  bona  fide  holder  the  original  amount 
of  any  note  of  said  bank  counterfeited  or  altered,  in  the  course 
of  its  circulation  to  a  larger  amount,  notwithstanding  such  alter- 
ation. 

Sect.  9.  Be  it  further  enacted,  That  the  said  corporation 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by 
way  of  tax  to  the  treasurer  of  this  Commonwealth  for  the  use 
of  the  same,  within  ten  days  after  each  semi-annual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall  at  the  time  of  said  dividend  have  been  actually 
paid  in.  Provided  however.  That  the  same  tax  payable  in  man- 
ner aforesaid,  shall  be  required  by  the  Legislature,  of  all  banks 
that  shall  be  hereafter  incorporated  within  this  Commonwealth. 
And  provided  further.  That  nothing  herein  shall  be  construed 
to  impair  the  rights  of  the  Legislature  to  lay  a  tax  upon  any 
bank  already  incorporated  under  the  authority  of  this  Com- 
monwealth, whenever  they  may  see  fit  so  to  do. 

Sect.  10.  Be  it  further  enacted,  That  one  tenth  part  of  the 
whole  funds  of  said  bank,  shall  always  be  appropriated  to 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  and  where- 
in the  directors  shall  wholly  and  exclusively  regard  the  agri- 
cultural and  manufacturing  interest,  which  loans  shall  be  made 
in  sums  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  and  upon  the  personal  bond  of  the  borrower 
with  collateral  security  by  a  mortgage  of  real  estate,  to  the  sa- 
tisfaction of  the  directors  of  said  bank,  for  a  term  not  less  than 
one  year,  and  on  condition  of  paying  the  interest  annually  on 
such  loans,  subject  to  such  forfeitures  and  right  of  redemption, 
as  is  by  law  provided  in  other  cases.  Provited  however.  That 
the  said  bank  may  take,  receive  and  hold  by  assignment  any 
such  mortgages  as  are  already  held  by  the  bank  now  existing 
in  the  town  of  Newburyport,  and  which  may  be  assigned  and 


1812. Chap.  50—53.  455 

taken  hy  agreement  between  the  two  corporations,  the  amount 
of  which  shall  be  considered  as  an  original  loan  to  be  made  as 
above  directed. 

Sect.  11.     Be  it  further  enacted^  That  whenever  the  Legis-  Shall  loan  t« 
lature  shall  require  it,  the  said  corporation  shall  loan  to  the  *^^  Common- 
Commonwealth  any  sum  of  money  which  may  be  required,  not 
exceeding  ten  per  centum  of  the  amount  of  the  capital  stock  ac- 
tually paid  in,  at  any  one   time,  reimbursable   by  five  annual 
instalments,  or  at  any  shorter  period  at  the  election  of  the 
Commonwealth,  with  the  annual  payments  of  interest,  at  a  rate 
not  exceeding  five  per  centum  per  annum.     Provided  however,  Piovisc. 
That  the  Commonwealth  shall  never  at  any  one  time,  stand 
indebted  to  said  corporation  without  their  consent  for  a  larger 
sum  than  twenty  per  centum  of  the  capital  stock  actually  paid 
in. 

Sect.  12.     Be  it  further  enacted,  That  the  Commonwealth  Common- 
shall  have  a  right,  whenever  the  Legislature  shall  make  provi-  wealth  may 
sion  by  law,  to  subscribe  on  account  of  the  Commonwealth  a    ^  conceme  . 
sum  not  exceeding  one  hundred  and   fifty  thousand  dollars,  to 
be  added  to  the  capital  stock  of  said  company,  subject  to  such 
rules,  regulations  and  provisions  as  shall  be  by  the  Legislature 
made  and  established   as   to  the  management  thereof.     [June 
23,  1812.]     Add.  act— 1814  ch.  59. 

An  Act  to  incorporate  the   President,  Directors  and  Company  of  the  Plymouth  Qhop    53. 
Bank.  ^ 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General   Court   assembled,  and   by  the  authority  of  the 
same,    That  William    Davis,  Barnabas    Hedge,  jun.   William  Persons  incor- 
Jackson,  Robert  Roberts,  Nathaniel  Goodwin,  William  Sturte-  porated. 
vant,   Silvanus   Lazell,    and    their   associates,   successors  and 
assigns,  shall   be,  and   hereby   are  created  a  corporation,  by 
the  name  of  The  President,  Directors  and   Company  of  the 
Plymouth   Bank,   and   shall   so  continue  until  the  first  day  of 
October  which  will  be  in   the  year  of  our  Lord  one  thousand 
eight    hundred    and    thirty-one,  and  by  that    name    shall  be, 
and  hereby  are   made  capable  in   law   to  sue  and   be  sued, 
plead,   and   be   impleaded,  defend  and   be  defended,   in   any 
courts  of  record,  or  in  any  other  place  whatever,  and  also  to 
make,  have  and  use  a  common   seal,  and   to  ordain,  establish 
and  put  in  execution,  such  by-laws,  ordinances  and  regulations  May  make 
as  to  them  may  appear  necessary  and  convenient  for  the  go-  °y"'*^^- 
vernment  of  the  said  corporation,  and  the  prudent  management 
of  their  affairs.     Provided  such  by-laws,  ordinances  and  regu- Proviso, 
latioiis  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. 

Sfxt.  2.     Be  it  further  enacted,  That  the  capital  stock  of  the  Capital  stock, 
said  corporation  shall  consist  of  the  sum  of  one  hundred  thou- 
sand dollars,  in  gold  and  silver,  divided  into  shares  of  one  hun- 
dred dollars  each,  which  shall  be  paid  in  at  four  equal  instal-    . 
mentSj  the  first  on  the  first  day  of  October  next,  the  second  on  paid. 


456 


1812. 


Chap.  53. 


May  hold  es- 
tate. 


Proviso. 


(1811  ch.84.) 


Cashier  shall 
give  bonds. 


Legislature 
shall  have  ac- 
cess, fic. 


May  call  meet- 
ings. 


the  first  day  of  January  next,  the  third  on  the  first  day  of  April 
next,  and  the  fourth  on  the  first  day  of  July  next  after,  and  as 
much  sooner  as  the  stockholders  shall  direct.  And  the  stock- 
holders at  their  first  meeting  shall  by  a  majority  of  votes  deter- 
mine the  mode  of  transferring  and  disposing  of  said  stock  and 
the  profits  thereof,  which  being  entered  in  the  books  of  said  cor- 
poration, shall  be  binding  on  the  stockholders,  their  successors 
and  assigns ;  and  the  said  corporation  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 
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,  and  to  loan  and  negotiate  their  monies  and  eft'ects, 
by  discounting  on  banking  principles  on  such  security  as  they 
shall  think  advisable.  Provided  however.  That  nothing  herein 
contained,  shall  restrain  or  prevent  the  said  corporation  from 
taking  and  holding  real  estate  in  mortgage,  or  on  execution  to 
any  amount  as  security  for,  or  in  payment  of  any  debts  due  to 
the  said  corporation,  and  provided  further,  that  no  money  shall 
be  loaned,  or  discounts  made,  nor  shall  any  bills  or  promissory 
notes  be  issued  from  said  bank,  until  the  capital  subscribed 
and  actually  paid  in,  and  existing  in  gold  and  silver  in  their 
vaults  shall  amount  to  twenty-five  thousand  dollars. 

Sect.  3.  Be  it  further  enacted,  That  the  rules,  reservations, 
restrictions,  limitations,  and  provisions,  which  are  provided  in 
and  by  the  third  section  of  an  Act,  entitled,  '^  An  Act  to  incor- 
porate the  President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  bank  hereby  established. 
Provided  only,  That  any  Director  of  the  Plymouth  Bank  now  ex- 
isting may  be  eligible  as  a  Director  of  the  bank  hereby  estab- 
lished, that  the  bond  required  to  be  given  by  the  cashier,  shall 
be  in  the  penalty  of  ten  thousand  dollars,  that  the  number  of 
Directors  to  be  annually  chosen  shall  be  seven,  and  four  may 
constitute  a  quorum  for  transaction  of  business.  And  provided 
also,  That  the  amount  of  bills  at  any  one  time  issued  by  said 
bank,  shall  not  exceed  fifty  per  cent,  beyond  their  capital  stock 
actually  paid  in. 

Sect.  4.  Be  it  further  enacted,  That  the  said  Bank  shall  be 
established  and  kept  in  the  town  of  Plymouth. 

Sect.  5.  Be  it  further  enacted,  That  any  committee  specially 
appointed  by  the  Legislature  for  the  purpose,  shall  have  a  right 
to  examine  into  the  doings  of  said  corporation,  and  shall  have 
free  access  to  all  their  books  and  vaults,  and  if  upon  such  an 
examination  it  shall  be  found,  and  after  a  full  hearing  of  said 
corporation  thereon,  be  determined  by  the  Legislature  that  said 
corporation  have  exceeded  the  power  herein  granted  them, 
or  failed  to  comply  with  any  of  the  rules,  restrictions  and  con- 
ditions in  this  Act  provided,  their  incorporation  may  thereupon 
be  declared  forfeited  and  void. 

Sect.  6.  Be  it  further  enacted^  That  the  persons  herein  be- 
fore 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 


1812. Chap.  53.  457 

(by  advertising  the  same  for  three  weeks  successively  in  the 
Columbian  Centinel)  tor  the  purpose  of  making,  ordaining  and 
establishing  such  by-laws,  ordinances  and  regulations  for  the 
orderly  conducting  the  aflairs  of  the  said  corporation  as  the  said 
siockholders  shall  deem  necessary,  and  for  the  choice  of  the 
first  board  of  Directors,  and  for  such  other  officers  as  they  shall 
see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  Shall  exhibit  a 
the  Directors  of  said  Bank,  to  transmit  to  the  Governor  and  statement. 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amounts  of  the  capital  stock  of 
said  corporation,  and  of  debts  due  the  same,  of  the  monies 
deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
and  silver  and  copper,  the  bills  of  other  banks  on  hand,  which 
statement  shall  be  signed  by  the  Directors,  and  attested  by  the 
Cashier,  and  shall  be  verified  by  oath  or  affirmation  before 
some  person  competent  to  administer  the  same. 

Sect.  8.     Be  it  further  enacted,    That  the  said  corporation  Shall  pay  al- 
shall  be  liable  to  pay  to  any  bona  fide  holder  the  original  amount  tered  notes, 
of  any  note  of  said  bank  counterfeited  or  altered,  in  the  course 
of  its  circulation  to  a  larger  amount,  notwithstanding  such  al- 
teration. 

Sect.  9.     Be  it  further  enacted,    That  the  said   corporation  Shall  pay  a  tax 
from  and  after  the  first  Monday  of  October  next,  shall  pay  by  3°,g^,^Jgj^"jj. 
way  of  tax  to  the  treasurer  of  this  Commonwealth,  for  the  use 
of  the  same,  within  ten  days  after  each  semi-annual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall  at  the  time  of  said  dividend  fcave  been  actually 
paid  in.     Provided  however.  That  the  same  tax  payable  in  man-  Proviso, 
ner  aforesaid,  shall  be  required  by  the  I^egislature  of  all  Banks 
that  shall  be  hereafter  incorporated  within  this  Commonwealth, 
and  provided  ficrther,  that  nothing  herein  shall  be  construed  to 
impair  the  rights  of  the  Legislature  to  lay  a  tax  upon  any  Bank 
already  incorporated  under  the  authority  of  this  Commonwealth 
whenever  they  may  see  fit  so  to  do. 

Sect.  10.     Be  it  further  enacted,  That  one  tenth  part  of  the  Amount  to  be 
funds  of  said  bank,  shall   always  be   appropriated  to  loans,  appropriated 
to  be  made   to   citizens  of  this  Commonv,  ealth,  and  where-  ^°  ^°^"^' 
in    the    directors    shall   wholly    and    exclusively    regard    the 
agricultural  and  manufacturing  interest,   which  loans  shall  be 
made  in  sums  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  and  upon   the  personal  bond  of  the  bor- 
rower, with  collateral  security  by  a  mortgage  of  real  estate,  to  Security  of 
the  satisfaction  of  the  directors  of  said  bank,  for  a  term  not  '°^"^' 
less  than  one  year,  and  on  condition  of  paying  the  interest  an- 
nually on  such  loans,  subject  to  such  forfeitures  and  rights  of 
redemption  as  is  by  law  prescribed  in  other  cases.     Provided  Proviso. 
hozvever,  That  the  said  bank  may  take,  receive  and  hold  by  as- 
signment, any  such  mortgages  as  are  already  held  by  the  ex- 
isting bank  in  the  town  of  Plymouth,  and  which  may  be  assign- 
ed and  taken  by  agreement  between  the  two  corporations,  the 

voi>.  ir.  58 


458 


1812. 


Chap.  53—60. 


Shall  loan  to 
the  Common- 
wealth. 


Common- 
wealth may 
hold  stock. 


Chap.  58. 


Chap.  60. 


Persons  incor- 
porated. 


amount  of  which  shall  be  deemed  and  considered  as  an  original 
loan  to  be  made  as  above  directed. 

Sect.  11.  Beit  further  enacted,  That  whenever  the  Legis- 
lature shall  require  it,  the  said  corporation  shall  loan  to  the 
Commonwealth  any  sum  of  money  not  exceeding  ten  per  centum 
of  the  amount  of  the  capital  stock  actually  paid  in  at  any  one 
time,  reimbursable  by  five  annual  instalments,  or  at  any  shorter 
period  at  the  election  of  the  Commonwealth,  with  the  annual 
payments  of  interest,  at  a  rate  not  exceeding  five  per  centum 
per  annum  :  Provided  hoiveve^,  That  the  Commonwealth  shall 
never  at  any  one  time  stand  indebted  to  said  corporation,  with- 
out their  consent,  for  a  larger  sum  than  twenty  per  centum  of 
the  capital  stock  actually  paid  in. 

Sect.  12.  Be  it  further  enacted,  That  the  Commonwealth 
shall  have  a  right,  whenever  the  Legislature  shall  make  provi- 
sion by  law,  to  subscribe  on  account  of  the  Commonwealth  a 
sum  not  exceeding  thirty  thousand  dollars  fo  be  added  to  the 
capital  stock  of  said  company  subject  to  such  rules,  regulations 
and  provisions,  as  shall  be  by  the  Legislature  made  and  estab- 
lished, as  to  the  management  thereof.     [June  23,  1812.] 

An  Act  to  empower  the  Selectmen  of  the  Towns  of  Weymouth  and  Braintree  to 
appoint  Engineraen. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  selectmen  of  the  towns  of  Weymouth  and  Braintree  be, 
and  hereby  are,  respectively  authorized  and  empowered  to 
nominate  and  appoint,  as  soon  as  may  be,  after  the  passing  of 
this  Act,  and  ever  after,  in  the  month  of  March  annually,  so 
long  as  there  shall  be  a  good  engine  at  or  near  the  brook  run- 
nino-  on  the  borders  of  the  towns  of  Weymouth  and  Braintree, 
commonly  called  Smelt  Brook,  any  number  of  suitable  persons, 
not  exceeding  twenty-one  in  both  towns,  a  majority  of  whom 
shall  always  be  of  the  inhabitants  of  Weymouth,  to  be  one 
company  of  enginemen,  to  take  charge  of  and  manage  said 
engine,  who  shall  be  subject  to  the  same  duties,  and  vested 
with  the  same  powers,  and  entitled  to  the  same  rights,  privi- 
leges and  exemptions  that  other  enginemen  now  by  law  are. 
[Ju7ie  26,  181..2.]  

An  Act  to  incorporate  Stephen  Newell  and  others,  by  the  name  of  The  Sturbridge 

Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Stephen  Newell,  John  Plimpton,  Eleazer  Rider, 
Zenas  L.  Leonard,  Moses  Fisk,  Jeptha  Plimpton,  Comfort 
Freeman,  Nathaniel  Rider,  Ziba  Plimpton,  Franklin  Rider,  and 
Moses  Newell,  together  with  such  others  as  may  hereafter  as- 
sociate with  them,  and  their  successors  and  assigns,  be,  and 
they  are  hereby  made  a  Corporation,  by  the  name  of  The 
Sturbridge  Manufacturing  Company,  for  the  purpose  of  manu- 
facturing Wool  and  Cotton  in  the  town  of  Sturbridge,  in  the 
county  of  Worcester  ;  and  for  this  purpose  shall  have  all  the 
powers  and  privileges,  and  shall  also  be  subject  to  all  the  duties 


1812. Chap.  60—62.  .  459 

and  requirements  prescribed  and  contained  in  an  act  passed 

the  third  day  of  March,  eighteen   hundred   and  nine,  entitled 

"An  Act  defining  the  general  powers  and  duties  of  Manufac-  0^^^  ch.  65.) 

lui'ing  Corporations." 

Sect.  2.  Be  it  further  enacted,  That  the  said  Corporation, 
in  their  corporate 'capacity,  may  lawfully  hold  and  possess  J^^^"«  °f  ^«- 
such  real  estate,  not  exceeding  fifty  thousand  dollars,  and  per- 
sonal estate,  not  exceeding  one  hundred  thousand  dollars,  as 
may  be  necessary  and  convenient  for  carrying  on  the  manufac- 
tory of  Wool  and  Cotton,  in  their  various  branches,  in  said 
town  of  Sturbridge.     [Oct.  20,  1812.J 

An  Act  to   incorporate  Joseph   Holmes,  Jun.   and   others,   by   the   name    of  The  Chcip,  61. 
Jones'  River  Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  oj  the 
same.  That  Joseph  Holmes,  Jun.  Isaac  Barlleit,  George  Rus- Persons  incoi- 
sell,  Melzar  Adams,  Judah  Washburn,  Jesse  Reed,  Richard  F.  P°'**"^- 
Johnson,  Robert  M'Lauthlin,  Jun.  Pelham  Holmes,  Lemuel 
Bryant,  Ezra  Weston  and  Son,  Abishai  Stetson,  Joseph  White, 
and  Charles  Holmes,  together  with  such  other  persons  as  have, 
or  may  hereafter  associate  with  them,  their  successors  and  as- 
signs, be,  and  they  hereby  are  made  a  Corporation,  by  the 
name  of  the  Jones'  River  Manufacturing  Company,  for  the 
purpose  of  manufacturing  Cotton  and  Wool  at  Kingston,  in  the 
county  of  Plymouth,  and  for  this  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements  contained  in  an  act  passed  the  third  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  nine, 
entitled  "  An  Act,  defining  the  general  powers  and  duties  of  (^^^^  ch.  6«.) 
Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  Corporation 
may  be  lawfully  seized  of  such  real  estate,  not  exceeding  the 
value  of  fifty  thousand  dollars,  and  such  personal  estate,  not  Value  of  es- 
exceeding  one  hundred  thousand  dollars,  as  may  be  necessary 
and  convenient  for  establishing  and  carrying  on  the  manufac- 
ture of  Cotton  and  Wool  at  Kingston  aforesaid.  [Oct.  20, 
1812.] 

An  Act  incorporating   certain  persons  by  the    name  of  The   Hingham  Woollen  ChoVt  62, 
Manufactory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Martin  Lincoln,  Samuel  Norton,  both  of  Hingham,  Persons  incoi- 
in  the  county  of  Plymouth,  Thomas  Thaxter  of  Boston,  in  the  P^i^^ted. 
county  of  Suffolk,  Joshua  Thaxter,  Benjamin  Jones,  David 
Andrews,  Jun.  Samuel  Norton,  Jun.  Jerome  Cushing,  and  Ca- 
leb Andrews,  all  of  Hingham  aforesaid,  with  such  as  have  al- 
ready associated,  or  may  hereafter  associate  with  them,  their 
successors  and  assigns,  be,  and  they  hereby  are  made  a  Cor- 
poration, by  the  name  of  The  Hingham  Woollen  Manufactory, 
for  the  purpose  of  manufacturing  Woollen  Cloths ;  and  for 
that  purpose  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements  contained  in  an  act 


460 


1812. 


Chap.  62—68. 


(1808  ch.  65.) 


Value  of  es- 
tate. 


made  and  passed  on  the  third  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  nine,  entitled  "  An 
Act,  defining  the  general  powers  and  duties  of  Manufacturing 
Corporations." 

Sect.  2.  Be  it  further  enacted,  That  the  said  Corporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate  as 
may  be  necessary  and  convenient  for  establishing  and  carry- 
ing on  the  said  manufactory,  and  also  of  as  large  a  personal 
estate  as  shall  be  actually  employed  therein  :  provided  such 
real  estale  shall  not  exceed  the  value  of  twenty  thousand  dol- 
lars, and  the  personal  estate  one  hundred  thousand  dollars. 
[Oct.   23,  1812.] 


Chap.  63. 


Persons  incor 
{lorated. 


An  Act  to  establish  The  Magnesia  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives,in  General  Court  assanbled,  and  by  the  authority  of  the  same^ 
That  David  Thacher,  William  Dunn,  Lothrop  R.  Thacher, 
and  Benjamin  Gorham,  together  with  such  other  persons  as 
may  hereafter  associate  with  them,  their  successors  and  assigns, 
be,  and  they  are  hereby  made  and  constituted  a  body  corpo- 
rate and  politic,  by  the  name  of  The  Magnesia  Company,  for 
the  purpose  of  manufacturing  Magnesia  in  this  Commonwealth  ; 
and  for  that  purpose  shall  have  all  the  powers  and  privileges, 
and  shall  also  be  subject  to  all  the  duties  and  requirements 
(1808  ch.  65.)  prescribed  and  contained  in  an  act,  entitled  "  An  Act,  defin- 
ing the  general  powers  and  duties  of  Manufacturing  Corpora- 
tions," passed  the  third  day  of  March,  eighteen  hundred  and 
nine. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Corporation 
shall  and  may  lawfully  hold  and  possess  such  real  estate,  not 
exceeding  thirty  thousand  dollars,  and  personal  estate  not  ex- 
ceeding two  hundred  thousand  dollars,  as  may  be  necessary 
and  convenient  for  carrjang  on  the  aforesaid  manufactory. 
[Oct.  23,  1812.] 


Value  of  es- 
tate. 


Chap.  64. 


Names 
changed. 


Chap.  68. 

1311  ch.  174. 


Preamble. 


An  Act  to  change  the  Names  of  certain  persons  therein  mentioned. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Ebenezer  Stoddard  of  Salem,  in  the  county  of  Essex, 
trader,  shall  be  allowed  to  take  the  name  of  William  Couillard 
Stoddard;  and  that  Moses  Smith  Fox  of  Williamsburgh,  in  the 
county  of  Hampshire,  yeoman,  shall  be  allowed  to  take  the 
name  of  Augustine  Washington  Fox ;  and  the  said  persons, 
from  the  time  of  the  passing  this  act,  shall  be  called  and  known 
by  the  names  which  by  this  act  are  severally  allowed  to  take 
as  aforesaid,  and  the  same  shall  be  considered  as  their  only 
proper  and  legal  names.     [OcL  24,  1812.] 

An  Act  amendatory  of  an  act,  entitled,  "An  Act  to  incorporate  The  Christian 
iMonitor  Society." 

WHEREAS  the  name  given  to  the  Corporation  created  by 
the  act  entitled,  "  An  act  to  incorporate  The  Christian  Monitor 
Society,"  is  not  the  name  intended  by  the  persons  hereby  in- 
corporated, and  they  having  in  their  corporate  capacity,  peti- 
tioned that  the  said  name  be  altered :  therefore, 


1812. Chap.  68—69.  461 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Cmirt  assembled,  and  by  the  authority  of  the  same,  That  Name  altered. 
so  much  of  the  said  act  as  gives  the  corporation,  thereby  creat- 
ed, The  name  of  the  Christian  Monitor  Society  be.  and  the 
same  is  hereby  repealed ;  and  that  the  said  corporation  be 
henceforth  known  by  the  name  of  The  Society  for  Promoting 
Christian  Knowledge,  Piety  and  Charity.     [Oct.  24,  1812.] 

An  Act  to  incorporate  The  American  Antiquarian  Society.  Lihap.  69. 

WHEREAS  the  collection  and  preservation  of  the  antiqui- 
ties of  our  country,  and  of  curious  and  valuable  productions  in 
art  and  nature,  have  a  tendency  to  enlarge  the  sphere  of  hu-  Preamble, 
man  knowledge,  aid  the  progress  of  science,  perpetuate  the 
history  of  moral  and  political  events,  and  to  improve  and  in- 
terest posterity :  therefore, 

Sect.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Isaiah  Thomas,  Levi  Lincoln,  Harrison  G.  Otis,  Persons  incor- 
Timothy  Bigelow,  Nathaniel  Paine,  and  Edward  Bangs,  Esqrs.  P"'^^^^- 
John  T.  Kirkiand,  D.  D.  Aaron  Bancroft,  D.  D.  Jonathan  H. 
Lyman,  Elijah  H.  Mills,  Elisha  Hammond,  Timothy  Williams, 
William  D.  Peck,  John  Lowell,  Edmund  Dwight,  Eleazer 
James,  Josiah  Quincy,  William  S.  Shaw,  Francis  Blake,  Levi 
Lincoln,  Jun.  Samuel  M.  Burnside,  and  Benjamin  Russell, 
Esqrs.  Rev.  Thaddeus  M.  Harris,  Redford  Webster,  Thomas 
Walcutt,  Ebenezer  T.  Andrews,  Isaiah  Thomas,  jun.  William 
Wells,  and  such  others  as  may  associate  with  them  for  the 
purposes  aforesaid,  be,  and  hereby  are  formed  into,  and  con- 
stituted a  society  and  body  politic  and  corporate,  by  the  name 
of  The  American  Antiquarian  Society,  and  that  they  and  their 
successors,  and  such  other  persons  as  shall  be  legally  elected  by 
them,  shall  be,  and  continue  a  body  politic  and  corporate,  by 
that  name  forever. 

Sect.  2.  Be  it  further  enacted.  That  the  members  of  said 
Society  shall  have  power  to  elect  a  President,  Vice  Presi-  Members  may 
dents,  and  such  other  officers  as  they  may  determine  to  be  ne-  ^  ^*^  °  ^^J'^" 
cessary,  and  that  the  said  Society  shall  have  one  common  seal, 
and  the  same  may  break,  change  and  renew,  at  pleasure,  and 
that  the  same  Society,  by  the  name  aforesaid,  as  a  body  poli- 
tic and  corporate,  may  sue  and  be  sued,  prosecute  and  defend 
suits  to  final  judgment  and  execution. 

Sect.  3.     Be  it  further  enacted.  That  the  said  Society  shall 
have  power  to  make  orders   and   by-laws  for  governing  its  May  make 
members  and  property,  not  repugnant  to  the  laws  of  this  Com-    ^"  ^^^^* 
monwealth,  and  may  expel,  disfranchise  or  suspend  any  mem- 
ber, who  by  misconduct  shall  be  rendered  unworthy. 

Sect.  4.  Be  it  further  enacted.  That  the  said  Society  may, 
from  time  to  time,  establish  rules  for  electing  officers  and  May  hold  et- 
members,  and  also  times  and  places  for  holding  meetings,  and  ^**®" 
shall  be  capable  to  take  and  hold  real  or  personal  estate,  by 
gift,  grant,  devise  or  otherwise,  and  the  same  or  any  part  there- 
of, to  alien  and  convey,  provided  that  the  annual  income  of 
any  real  estate,  by  said  Society  holden,  shall  never  exceed 


462  1812. Chap.  69—73. 

the  sum  of  fifteen  hundred  dollars,  and  that  the  personal  estate 
thereof,  exclusive  of  books,  papers  and  articles  in  the  museum 
of  said  Society,  shall  never  exceed  the  value  of  seven  thou- 
sand dollars. 

Sect.  5.     Be  it  further  enacted,  That  said  Society  may  elect 
honorary  members,  residing  in  and  without  the  limits  of  this 
May  call  meet-  Commonwealth,  and  that  Isaiah  Thomas,  Esq.  be,  and  hereby 
'"S-  is  authorized  and  empowered  to  notify  and  warn  the  first  meet- 

ing of  said  Society,  and  that  the  said  Society,  when  met,  shall 
agree  upon  a  method  for  calling  future  meetings,  and  have 
power  to  adjourn  from  time  to  time,  as  may  be  found  neces- 
sary. 

Sect.  6.     Be  it  further  enacted,  That  the   library  and   mu- 
Museum,  scum  of  Said  Society  shall  be  kept  in  the  town  of  Worcester, 

where  kept.       in  the  county  of  Worcester.     [Oci.  24,  1812.] 

Chao     T^  ■'^"  ^^^  *°  incorporate  The  Waltham  Cotton  and  Wool  Factory  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Persons  incor-  That  Samuel  Coverly,  John  Holland,  and  Enoch  Wiswall,  to- 
porated.  geiher  with  such  others  as  may  hereafter  associate  with  them, 

their  successors  or  assigns,  be,  and  are  hereby  made  a  Cor- 
poration, by  the  name  of  The  Waltham  Cotton  and  Wool  Fac- 
tory Company,  for  the  purpose  of  manufacturing  cotton   and 
woollen  goods,  in  the  town  of  Waltham,  in  the  county  of  Mid- 
dlesex ;  and  for  that  purpose  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  and  requirements 
contained  in  an  act  passed  the  third  day  of  March,  in  the  year 
(1808  ch.  65.)    of  our  Lord,  eighteen  hundred  and  nine,  entitled,  "  An  Act  de- 
fining the  general  powers  and  duties  of  manufacturing  Corpo- 
rations." 
May  hold  real      Sect.  2.     Be  it  further  enacted,  That  said  Corporation  may 
estate.  |-,g  lawfully  seized  of  such  real  estate  not  exceeding  the  value 

of  one  hundred  and  fifty  thousand  dollars,  and  possessed  of 
such  personal  estate,  not  exceeding  the  value  of  three  hundred 
thousand  dollars,  as  may  be  necessary  and  convenient  for  the 
carrying  on  the  mam^acture  of  cotton  and  woollen  goods  in 
said  town  of  Waltham.     [Oct.  24,  1812.] 

Chap,  73.        An  Act  to  prevent  damage  being  done  by  cattle,  horses,  and  sheep,  on  the  South 
beach  and  meadow,  in  the  Town  of  Edgarton,  in  the  county  of  Duke's  county. 

Sect.  1 .    BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
T^eat cattle.     That  from  and  after  the  passing  of  this  act,  if  any  person  or 
and  hcises,  pe-  persons,  shall  turn  out,  or  suffer  to  go  at  large,  any  of  his  or 
au7rgr  ^°'"^  ^^^^^  ^^^^  cattle  or  horses,  on  any  part  of  the  south  beach  or 
meadow,  in  the  town  of  Edgarton,  in  the  county  of  Duke's 
county,  he  or  they  shall  forfeit  and  pay  one  dollar  for  each 
horse,  and  fifty  cents  for  each  neat  beast,  thus  turned  out  or 
suffered  to  go  at  large  on  said  beach,  or  meadow ;  to  be  re- 
covered, with  costs  of  suits,  by  any  one  of  the  proprietors  of 
said  beach  or  meadow,  who  shall  sue  for  the  same,  in  any 
court  proper  to  try  such  cause,  to  the  use  of  said  proprie- 
tors. 


1812. Chap.  73—76.  466 

Sect.  2.  Be  it  farther  enacted,  That  from  and  after  the  Sheep,  penalty 
passing  of  this  act,  if  any  person  or  persons  shall  turn  out  or  ["^^J""^" 
suffer  to  go  at  large,  any  of  his  or  their  sheep,  on  any  part  of 
said  beach  or  meadow,  between  the  first  day  of  April  and  the 
first  day  of  December,  he  or  they  shall  forfeit  and  pay  ten 
cents  for  each  sheep,  thus  turned  out  or  suffered  to  go  at  large, 
on  said  beach  or  meadow,  to  be  recovered  in  manner,  and  to 
the  use  aforesaid.     [Oct.  24,  1812.] 

An  Act  in  further  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  the  per-  Chap.  74. 
sons  herein  named  into  a  Company  by  the  name  of  The  Broad-street  Associa-  j804  ch.  50. 
tion,  in  the  Town  of  Boston."  /y  3  n*  485  > 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in  1811  ch.  87. 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
an  Act,  entitled,  "  An  Act  to  incorporate  the  persons  herein 
named  into  a  Company  by  the  name  of  The  Broad-street  As- 
sociation, in  the  town  of  Boston,"  shall  be,  and  the  same  is  Act  continued, 
hereby  continued  in  force,  until  the  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fourteen, 
for  the  purpose  of  enabling  said  corporation  to  sell  their  estate 
and  close  their  concerns.     [Feb.  5,  1813.] 

An  Act  to  incorporate  the  Framinghara  Manufacturing  Company.  Chap,  75. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Calvin  Sanger,  Aaron  Leland,  Joseph  Sanger,  Persons  incor- 
Leonard  Dearth,  Benjamin  Wheeler,  Luther  Belknap,  Hop-  po^ated. 
still  Leland,  jun.  Comfort  Walker,  Moses  Adams,  Lewis  Wheel- 
er, Micah  Adams,  Joseph  Lovell  Richardson,  Phillips  Clark, 
and  Elias  Whiting,  together  with  such  others  as  may  hereafter 
associate  with  them,  their  successors  and  assigns,  be,  and  they 
hereby  are  made  a  corporation,  by  the  name  of  the  Framing- 
ham  Manufacturing  Company,  for  the  purpose  of  manufactur- 
ing wool  and  cotton,  in  the  town  of  Framingham,  in  the  county 
of  Middlesex  ;  and  for  those  purposes  shall  have  all  the  pow- 
ers and  privileges,  and  be  subject  to  all  the  duties  and  require- 
ments prescribed  and  contained  in  an  Act,  entitled,  "An  Act  (isosch.es.) 
defining  the  general  powers  and  duties  of  manufacturing  corpo- 
rations," passed  the  third  day  of  March,  eighteen  hundred  and 
nine. 

Sect.  2.  Be  it  further  enacted.  That  said  Corporation,  in 
their  corporate  capacity,  shall,  and  may  lawfully  hold  and  pos- 
sess such  real  estate,  not  exceeding  in  value,  thirty  thousand  Value  of  et- 
dollars.  and  personal  estate,  not  exceeding  fifty  thousand  dol-  ^^te. 
lars,  as  may  be  necessary  and  convenient  for  carrying  on 
said  manufactures  in  their  various  branches  as  aforesaid.  [Feb. 
6,  1813.] 

An  Act  to  alter  the  Name  of  Joshua  Gee  Wittemore,  jun.  ChOD.  76. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
from  and  after  the  passing  of  this  act,  Joshua  Gee  Wittemore, 
jun.  of  Gloucester,  in  the  county  of  Essex,  mariner,  shall  be 
allowed  to  take  the  name  of  Harvey  C.  Mackay,  and  he  shall  Name  altered, 
in  future  be  called  and  known  by  the  said  name ;  and  the  said 


464 


1812. 


Chap.  77— 81.* 


name  shall  forever  hereafter  be  considered  as  his  only  proper 
and  legal  name,  to  all  intents  and  purposes.     [Feb.  13,  1813.] 

Chap>  77.  An  Act  to  establish  the  Falls  Cotton  Manufacturing  Company. 

Sect.  1..  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Persons  incor-  That  William  Blackington,  John  Cheever,  Asa  Read,  Lemuel 
porated.  M-Qty,  Edward  Richards,  jun.  Artemas  Stanley,  and  Woodward 

Stanley,  together  with  such  others  as  have  associated,  or  may 
hereafter  join  and  associate  with  them,  their  successors  and  as- 
'  signs,  be,  and  hereby  are  made  a  Corporation,  by  the  name  of 

the   Falls  Cotton  Manufacturing  Company,  for  the  purpose  of 
manufacturing  cotton  and  wool,  in  the  town  of  Attleborough, 
in  the  county  of  Bristol  ;  and  for  that  purpose  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  duties  and 
(1808  ch.  65.)    requirements  contained  in  "  An  Act  defining  the  general  pow- 
ers and  duties  of  manufacturing  corporations,"  passed  the  third 
day  of  March,  one  thousand  eight  hundred  and  nine. 
May  hold  es-         Sect.  2.     Be  it  further  enacted,    That  the  said  Corporation 
tate.  may  lawfully  hold  and  possess  such  real  estate,  not  exceeding 

the  value  of  fifty  thousand  dollars,  and  personal  estate,  not  ex- 
ceeding the  value  of  one  hundred  thousand  dollars,  as  may  be 
convenient  and  necessary  for  carrying  on  the  manufacture  of 
cotton  and  wool,  in  the  said  town  of  Attleborough.  [Feb.  13, 
1813.] 

Chap.  80. 


Persons  incor 
porated. 


An  Act  to  incorporate  The  Amesbury  Wool  and  Cotton  Manufacturing  Company. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represent 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Paul  Moody,  Ezra  Worthen,  Thomas  Boardman, 
and  Samuel  Wigglesworth,  and  their  associates,  together  with 
such  others  as  may  hereafter  associate  with  them,  and  their 
successors,  be,  and  they  are  hereby  made  a  Corporation  by 
the  name  of  The  Amesbury  Wool  and  Cotton  Manufacturing 
Company,  for  the  purpose  of  manufacturing  wool  and  cotton  in 
the  town  of  Amesbury  ;  and  for  this  purpose  shall  have  ail  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
(1303  ch.  65.)  quirements  prescribed  and  contained  in  an  act,  entitled,  "  An 
Act  defining  the  general  powers  and  duties  of  manufacturing 
corporations,"  passed  the  third  day  of  March,  one  thousand 
eight  hundred  and  nine. 

Sect.  2.    Be  it  further  enacted.    That  said  Corporation  may 
be  lawfully  seized  and  possessed  of  such  real  estate,  not  ex- 
Value  of  es-      ceeding  the  value  of  fifty  thousand  dollars,  and  such  personal 
**'^'  estate,  not  exceeding  the  value  of  one  hundred  thousand  dol- 

lars, as  may  be  necessary  and  convenient  for  the  carrying  on 
the  manufacture  of  wool  and  cotton  in  said  town  of  Amesbury. 
[Feb.    16,  1813.] 

Chap.  81.  An  Act  to  set  ofFThomas  Miles  and  his  estate  from  the  town  of  Fitchburg. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 

General  Court  assembled^  and  hy  the  authority  of  the  same,  That 

Thomai  Miles,  Thomas  Miles  of  Fitchburg,  in  the  county  of  Worcester,  with 

his  estate,  within  the  bouuds  herein  described,  viz.  beginning 


1812.  — Chap- 81— GO.  405 

^l  liie  30t;!h\vcstcr1y  corner  of  ?aid  Miles'  farm,  at  n  stake  and 
3tone.s  on  Westrain«tcr  line,  thence  sonth  eighty  degrees  cast, 
One  hundred  and  thirtceti  rods  lo  a  slake  and  stones,  thence  ^ 

north  eight  degrees  cast,  one  hundred  and  thirty-three  rods  to 
s  bunch  of  maples  marked  on  (he  river  bank,  1  hence  up  the 
river  one  hundred  eighteen  rods  to  a  slake  and  stones  at  the 
edge  of  the  meadow,  near  said  river,  by  said  Westminster 
line,  be  set  from  the  said  town  of  Fiichburg,  and  annexed  to 
the  town  of  Westminster,  there  to  do  duty  and  receive  privi- 
leges. Provided  hozoevcr,  That  the  said  Thomas  Miles  be  Proviso. 
holden  to  pay  all  taxes  legally  assessed  upon  him  ]iy  the  said 
town  of  Fitchburg,  before  the  passing  of  tliis  act.  [/*''.'/>.  16, 
1813..] 

An  Aci-  in  further  additinft  to<  anrt  ai-fieritlmehl  of  an  Act,  entUlcrl,  "  An  Act  ill    Ctldp,  8'1» 
additton  to  an  Actj  passed  the  fourth  day  of  March,  one  thousand  seven  hun-   1789  ch.  51. 
cired  and  ninety,  entitled,  an  Act  to  rcn;ulatc  the  catching  of  salmon,  shiid  and    ^v.  U  p.  272.) 
alewives,  and  to  prevent  obstructions  in  Meriinac  river,  and  in  the  Other  Btreani? 
running  into  the  same,  within  Ihis  Commonwealth.'' 

BE  it  enacted  by  the  Senate  and.  Honse  of  Representatives,   m 
General  Court  assemblid^,  and  hij  the  anihorily  of  the  same,  That 
the  act  aforesaid  to  which  this  is  in  addition,  passed  the  twcn* 
ly-seventh  day  of  Mai'ch,  seventeen  hundred  and  ninety-three. 
which  prohibits  the  taking  of  any  fish,  "  within  fifLv  i-ods  below, 
or  twenty  rods  above  the  mouth  of  any  river  or  stream  m  the  Mcrima-c  ttsk* 
town  of  Andover,  emptying  into  Merimac  river,"  be  so  amend-  crios> 
ed,  as  that  any  person  or  persons  mav  hereafter,  with  the  con*  i792cl\.  '5'S» 
sent  of  the  proprietors  of  the  soil,  or  fiaving  otherwise  the  right    (^«  i«  p-445') 
of  fishing  thereon,  draw  any  seine  for  catching  shad  and  saU 
mon  in  Merimac  river,  at  any  place  between  fifty  and  twenty- 
live  rods  beiow  the  mouth   of  Shausheen  river,  and  between 
twenty  and  ten  rods  above  the  mouth  of  Cocheco  brook,  in  the 
town  of  Andover,  any  thing  in  the  act  aforesaid,  to  the  contra* 
ry  notwithstanding.     [,Feh.  16,  1813.] 

An  Act  to  indorporcite  I'he  I/uxbury  Rlcinufacturinc;  Comilany.  Ch(iP'>   00* 

Skci.  1.  BE  it  eriacted  by  ihe  Senate  and  Honsi  of  Rtprescll- 
ialives,  in  General  Court  assembled,  and  by  the  aulho'riiy  of  tht 
same,  That  Ezra  Weston,  Ezra  Weston,  juli.  Samuel  A.  Fra*  Pers'orfs  Sint««- 
zier,  Reuben  Drew,  Abner  Harlow,  George  Loring,  Elcazei*  porate'i. 
Harlox^r,  Ahira  WadsWorth,  JaCob  Weston,  benjamin  BillingS^ 
?>nd  Daniel  Atherton,  together  with  such  other  persons  as  havei, 
or  may  hereafter  associate  with  them,  their  successors  and  as- 
signs, be,  and  they  hereby  arc  riiade  a  Corporation,  by  ihe 
name  of  The  Duxbury  Manufacturir.g  Company,  for  the  pur- 
pose of  manufacturing  Vv-ool  and  cotton,  at  Duxbury,  in  the 
county  of  Plymouth  ;  and  for  that  purpose,  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirement^ contained  in  an  act  passed  the  third  day  ef  Marehi, 
in  the  yeaf  of  our  Lord  one  thousand  eight  hundred  and  nineij 
entitled,  "  An  Act  defining  the  genera'  po\t'efs  a'.id  duties  of  (;i9b;S%;54&?.) 
fnanufacluring  corporations." 

Sec^.  2.       Be  it  further  enacted,  That  5aid  Corporation  maj"   Vaiuco^'^ 
be  lawfully  B£iz«d  of  such  real  es(?ite.  not  exceediag  the  value  ^^^^'' 


466 


1812. 


Chap.  91—96. 


Chap.  91. 

1803  ch.  146. 
(V.  3.  p.  410.) 
1808  ch.  54. 

Toll  altered. 


of  fifty  thousand,  dollars,  and  such  personal  estate,  not  exceed- 
ing one  hundred  thousand  dollars,  as  may  be  necessary  and 
convenient  for  establishing  and  carrying  on  the  manufacture  of 
cotton  and  wool,  at  Duxbury  aforesaid.     \^Feb.  23,  1813.] 

An   Act  in  further  addition  to  an  Act,  entitled,  "  An  Act  establishing  The  Hart- 
ford and  Dedham  Turnpike  Corporation." 

BE  it  enacted  by  the  Se?iate  and  House  of  Representatives,  in 
General  Court  assembled,,  and  by  the  authority  of  the  same,  That 
The  Hartford  and  Dedhani  Turnpike  Corporation  be,  and 
hereby  are  authorized,  instead  of  the  toll  to  which  they  are 
no\y'  enti<^^led,  for  every  chaise,  chair,  or  other  carriage,  drawn 
by  one  horse,  to  demand  and  receive  for  the  same,  twelve  and 
a  half  cents,  at  the  gate  where  they  are  now  entitled  to  receive 
ten  cents  ;  and  six  cents  and  one  fourth  of  a  cent,  at  the  two 
other  gates,  where  they  are  now  entitled  to  receive  five  cents. 
[Feb.  23,  1813.] 


Chap.  92. 


Persons  incor 
porated. 


An  Act  to  incorporate   The  Boston  Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Francis  C.  Lovvell,  Benjamin  Gorham,  Uriah  Cot- 
ting,  and  Patrick  T.  Jackson,  their  associates,  successors  and 
assigns,  be,  and  they  hereby  are  made  a  corporation,  by  the 
name  of  The  Boston  Manufacturing  Company,  for  the  purpose 
of  manufacturing  cotton,  woollen,  and  linen  goods,  at  Boston, 
in  the  county  of  Sufi'olk,  or  within  fifteen  miles  thereof,  or  at 
any  other  place  or  places,  not  exceeding  four ;  and  for  this 
purpose,  shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  and  requirements  contained  in  an  act  pas- 
(1808  ch.  65.)  sed  the  third  day  of  March,  eighteen  hundred  and  nine,  en- 
titled, "  An  Act  defining  the  general  powers  and  duties  of  manu- 
lacturing  corporations. 

Sect.  2.  Be  it  further  enacted,  That  the  capital  stock  of 
said  corporation  shall  not  exceed  four  hundred  thousand  dol- 
lars ;  and  they  may  be  law^fully  seized  and  possessed  of  such 
real  estate  as  may  be  necessary  and  convenient  for  the  pur- 
poses aforesaid,  not  exceeding  the  value  of  one  hundred  thou- 
sand dollars,  exclusive  of  buildings  and  improvements  that  may 
be  made  thereon,  by  the  said  corporation.     [Feb.  23,  1813.] 


(Enlarged 
1819  ch.  121.) 


May  hold  real 
estate. 


Chap.  dG. 


May  annually 
elect  engine 
men. 


An  Act  to  empower  the  Ssleclmen  of  the  towns  of  Newton  and  Needham  to  ap- 
point engine  men. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  Selectmen  of  the  towns  of  Newton  and  Need- 
ham  be,  and  they  hereby  are  respectively  authorized  and  em- 
powered to  nominate  and  appoint,  as  soon  as  may  be,  after  the 
passing  of  this  act,  and  ever  after,  in  the  month  of  March  an- 
nually, so  long  as  there  shall  be  a  good  engine,  at  or  near  the 
lower  falls,  so  called,  on  Charles  River,  any  number  of  suita- 
ble persons,  not  exceeding  twenty-one  in  the  whole,  thirteen  of 
"whom  shall  always  be  of  the  inhabitants  of  Newton,  to  be  one 
company  of  engine  men,  to  take  charge  of,  and  manage  said 


1812. Chap.  96—101.  467 

engine ;  who  shall  be  subject  to  the  same  duties,  and  vested 
with  the  same  powers,  and  entitled  to  the  same  rights,  privileges 
and  exemptions,  that  all  other  engine  men,  by  law,  now  are, 
or  hereafter  may  be. 

Sect.  2.  Be  it  further  enacted,  That  all  rules  and  regula-  Penalties  how 
tions  respecting  their  duly  as  engine  men  shall,  before  they  be  recovered, 
established,  be  approved  of  by  the  selectmen  of  said  towns ; 
and  all  penalties  annexed  to  the  same,  may  be  recovered  by 
the  clerk  of  said  engine  men,  before  any  Justice  of  the  Peace, 
in  the  county  where  the  pei-son  who  may  forfeit  the  same  shall 
reside. 

Sect.  3.   Be  if  further  enacted,  That  the  act  which  passed  the  (]8i2ch.  8.) 
eisfhteenth  day  of  June,  in  the  year  of  our  Lord  eighteen  hun-  Act  repealed, 
dred  and  twelve,  entitled,  "  An"^  Act  to  empower  the  selectmen 
of  the  towns  of  Newton  and  Needham  to  appoint  engine  men," 
be,  and  hereby  is  repealed.     [Feb.  23,  1813.] 

An  Act  to  incorporate  The  Third  Congregational  Parish  in  Abington.  Chap.  101. 

Sect.  1 .  BE  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Thomas  H.  Arnold.  Noah  Beal,  Zadock  Beal,  Da-  Persons  incor- 
vid  Beal,  Melzar  Beal,  Nathan  Beal,  Nathaniel  Beal,  Isaac  porated. 
Burrill,  Caleb  Chard,  jun.  Eleazer  Chubbuck,  Thomas  Chub- 
buck,  Joshua  Curtis,  James  Tilloon,  Abner  Gardner,  Caleb 
Gardner,  Noah  Gardner,  Melvin  Gurncy,  David  Hearsy,  Elijah 
Hobart,  Daniel  Holbrook,  Josiah  Ilolbrook,  Reuben  Holbrook, 
William  Holbrook,  William  Holbrook,  jun.  Reuben  Hunt,  Da- 
vid Hunt,  Elias  Hunt,  Silas  Hunt,  Thomas  Hunt,  Moses  Jones, 
Eleazer  Josselyn,  Andrew  Lane,  Caleb  Lane,  Charles  Lane, 
Isaiah  Lane,  Daniel  Lane,  jun.  John  Lane,  Silas  Lane,  Caleb 
Loud.  Noah  Lovell,  Alexander  M'Donald,  Zebulon  Payn,  Ste- 
phen Payn,  David  Pool,  Micah  Pool,  John  Pool,  Noah  Pratt, 
Cyrus  Pratt,  David  Pratt,  Goddard  Reed,  Samuel  Reed,  Tho- 
mas Reed,  jun.  John  Ripley,  William  Ripley,  jun.  Abraham 
Shaw,  Abraham  Shaw,  jun.  Brackley  Shaw,  2d.  Elijah  Shaw, 
Jared  Shaw,  Melvin  Shaw,  Nehcmiah  Smith,  James  Smith,  Ze- 
nas  Smith,  Zenas  Smith,  2d.  John  Stetson,  Oliver  Stetson,  Na- 
than Stoddard,  Nathan  Studley,  Elihu  Tirrell,  William  Torrey, 
Daniel  Townsend,  Alexander  Vining,  Benjamin  Vlning,  Ebed 
Vining,  Elisha  Vining,  Barzillai  Whiting,  Eleazer  Whiting,  and 
Thomas  Whiting,  together  with  their  families  and  estates,  with- 
in the  town  of  Abington,  be,  and  they  are  hereby  incorporated, 
as  a  distinct  Religious  Society,  by  the  name  of  The  Third 
Congregational  Parish  in  Abington,  with  all  the  powers  and 
privileges,  and  shall  be  also  subject  to  all  the  duties  and  re- 
quirements of  other  parishes  or  religious  societies,  according 
to  the  constitution  and  laws  of  this  Commonwealth:  Provided  Proviso. 
hoznever.  That  the  persons  before  named  shall  be  holden  to  pay 
all  taxes  previously  assessed  in  the  parish  from  which  he  or 
she  may  separate,  and  also  to  pay  their  proportionate  part  of 
the  stated  salary  of  the  Rev.  Samuel  Niles,  which  is  ninety- 
three  pounds  six  shillings  and  eight  pence,  equal  to  three  hun- 
dred and  eleven  dollars  and  eleven  cents  annually,  so  long  as 


468 


1812. 


Chap.   101. 


May  become 
usembers. 


Proviso, 


Manner  of 
leaving  tlie 
Society. 


Provisp. 


frcyiso. 


Justice  autho- 
rized  to  issue 
warrent. 


the  said  Rev.  Samuel  Niles  continues  to  be  the  minister  of  tht; 
first  parish,  in  the  said  town,  and  the  said  salary  shall  continise 
to  be  assessed,  as  has  been  heretofore  practised  in  the  First 
Parish. 

Sect.  2.  Be  it  furlher  enacted,  That  any  person  belonging 
to  the  town  of  Abinglon,  who  may  hereafter  be  desin  us  of  be- 
coming a  member  of  the  said  Third  Congregational  Parish  in 
Ahington,  shall  declare  such  intention  in  writing,  to  the  clerk 
of  the  said  town,  and  also  deliver  a  copy  of  the  same  to  th-e 
minister  or  clerk  of  the  said  Third  Parish,  and  also  to  the 
clerk  of  the  parish  or  society,  from  which  such  person  may 
secede;  and  if  such  person  doth  receive,  and  can  produce  a 
certificate,  signed  by  the  clerk  of  the  said  Third  Parish,  that 
he  or  she  has  actually  united  with,  and  become  a  member  of 
the  said  Third  Parish,  at  any  time  previous  to  the  first  day  of 
March,  A.D.  1815,  such  person 'shall,  from  and  after  the  date 
of  such  certificate  of  admission,  with  his  or  her  polls  and  es- 
talc^,  be  considered  a  member  of  the  said  Third  Parish:  Pro- 
vided however,  That  all  such  jDcrsons  shall  be  holden  to  pay  all 
taxes  previously  assessed  in  the  parish  or  society,  from  which 
isuch  person  may  secede. 

Sect.  3.  Be  it  further  enacted.  That  an}''  member  of  the  said 
Third  Parish  in  Abington,  who  shall  sec  cause  to  leave  the 
same,  and  to  unite  with  any  other  parish  or  society  in  the  said 
town,  at  any  time  previous  to  the  first  day  of  March,  1815, 
such  person  shall  declare  such  intention  in  writing,  to  the 
clerk  of  the  said  Third  Parish,  and  deliver  a  copy  of  the  same 
to  the  town  clerk,  and  also  to  the  clerk  of  the  parish  or  society 
■with  which  such  person  desires  to  unite,  and  if  such  person 
doth  receive,  and  can  produce  a  certificate  of  admission,  sign- 
ed by  the  clerk  of  such  other  society,  such  person  shall,  from 
the  date  of  such  certificate  of  admission,  with  his  or  her  polls 
and  estate,  be  considered  a  member  of  such  other  parish  or 
society :  Provided  hozvever,  That  in  all  cases  of  secession  from 
one  parish,  and  joining  another,  every  such  person  shall  be 
holden  to  pay  his  or  her  proportion  or  assessment  of  all  parish 
taxes  assessed  therein  prior  to  leaving  the  same. 

Sect.  4.  Be  it  further  enacted.  That  all  young  persons, 
xvithin  the  limits  of  the  town  of  Abington,  when  they  becom-e 
tw'enty-one  years  of  age,  shall  have  full  liberty,  within  twelve 
months  thereafter,  to  unite  with  their  polls  and  estate,  to  the 
said  Third  Parish  ;  and  also  all  persons  who  may  settle  within 
the  limits  of  the  said  (own,  shall  have  the  same  liberty  to  join 
the  said  Third  Parish:  Provided  ahoays^  That  all  such  persons 
shall  notify  their  intentions  in  writing,  and  the  same  process 
shall  be  had  and  done,  as  is  provided  for  in  this  Act. 

Sect.  5.  Be  it  further  enacted.  That  any  justice  of  the  peace, 
for  the  county  of  Plymouth,  is  hereby  authorized  to  issue  a 
warrant  directed  to  one  of  the  member?  of  the  said  Third  Con- 
gregational Parish,  requiring  him  to  notify  and  warn  the  inha- 
bitants and  members  thereof,  to  meet  at  such  convenient  time 
and  place  as  shall  be  appointed  in  the  said  warrant,  to  choose 
such  officers,  as  parishes  ha^/C  a  right  bj  law  to  icho<:jse  an'd 


1812.— ^CiiAK  +02— 103.  469 

rappoint,  at  their  annual  parish  meetings,  and  to  do  and  n-gu- 
late  such  other  matters  and  things,  as  llie  well  heing  of  the 
«aid  parish  maj  require.     [Feb.  24,  1-813.] 

An  Act  to  repoal  part  of  an  Act,  entitled,   "An  Act  to  regulate  town  meetings  in    C/lSjO.  ITDSc 
tfee  town  oi"  Banvers."  July  1772. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen-  ^''^^Jl'^^\' 
i<atives^  in  •Gene'ral  Court  assruibled,  and  by  the  authority  of  the 
i>ame,  That  so  much  x)['  an  Art  passed  the  fourteenth  day  of 
July,  A.D.  seventeen  hundred  and  seventy-t\\o,  entitled,  "An  Act  repealed. 
Act  to  regulate  town  meetings  in  the  town  of  Danvers,"'  as 
provides  for  the  choice  of  selectmen  and  assessors  alternately, 
in  the  north  and  south  parishes  in  the  town  of  Danvers, 'be, 
and  the  same  is  hereby  repealed. 

Sect.  2.  Be  it  further  enacted,  That  hereafter  annually,  two  To^n  ofliceK 
of  the  selectmen,  and  two  of  the  assessors,  shall  be  chosen  from  how  chosen, 
the  qualified  inhabitants  and  voters  in  the  North  Parish  :  and 
two  of  the  selectmen,  and  two  of  ihc  assessors,  from  the  inha- 
"bitants  and  qualified  voters  in  the  South  Parish  ;  and  one  select- 
man, and  one  assessor,  from  the  inhabitants  and  qualified  voters 
in  that  part  of  the  South  Parish,  called  the  Neck  of  Land,  or 
the  New  Mills  District.    .[Feb.  56,  1813.] 

An  Act  to  regulate  the  taking  of  Fish  in  Connecticut  River.  Chap.  103. 

"Sect.  1 .     BE  ii  enacted  by   the  Senate   and  House  of  Repre- 
■sffdlatives,  in  General  Co^art  assembhd,  and  by  the  authority  of  the 
name.  That  no  person  or  persons  whatever  be  allowed,  from  Penalty  fo 
a'lid  after  the  ijassinsz;  of  this  Act,  to  catch  any  salmon  or  shad,  taking  fisi. 

1  •         r        .  I  r         ^    I  ■  1  contrary  tt 

•or  draw  any  seine  tor  the  purpose  ot  catching  any  salmon  or  larj. 
shad  in  that  part  of  "Connecticut  River  which  passes  through 
this  CommcnTveaitli,  from  the  tv/enty- fifth  day -of  June  to  the 
'frrst  day  of  Decem'ber  annually;  and  if  any  person  or  persoES 
shall  catch  any  salmon  or  shad  in  said  river,  or  shall  drag  any 
seme  or  net  for  the  purpose  of  catching  any  of  the  said  fish  jr 
said  river,  within  this  Commonwealth,  between  the  said  twenty- 
iifih  day  pf  June,  and  the  said  first  day  of  December  anrraally, 
■each  and  ervny  person  -so  oftendin^  shall  forfeit  and  pay  f©r 
■each  often<;e,  a  tine  of  ten  d-Dll&rs. 

Sect.  2.  Es  it  further -enacted,  That  if  any  person  or  per- 
sons, at  aTiy  time,  in  the  river  aforesaid,  within  this  Common- 
Avealth,  shall  fish  with  a  seine  or  net  exceeding  forty-five  ro^s 
in  length,  or  extend  more  than  one  seine  or  net  on  the  same 
fishing  ground,  at  one  and  the  same  time,  he  or  they  shall,  for 
each  oftence,  forfeit  and  pay  a  fine  of  twenty  dollars. 

Sect.  3.     Be  it  further  enacted.  That  all  the  fines  and  forfei-  Fines  ho«^ 
tures  incurred  by  a  breach  of  this  Act  shall  be  recovered  in  recovered, 
an  action  of  debt,  before  any  court  o^  competent  j^jrisdiction, 
in  the  county  where  the  offence  i-s  committed,   and  all  such 
•lines  and  forfeitures,  so  recovered,  sho.U  -enure  to  the  benefit  of 
him  or  them  who  shall  prosecute  for  the  same. 

Sect.  4.  Bi  it  further  enacted.  That  no  action  founded  on 
^his  Act  shall  be  sustained,  unless  the  same  be  commenced 
within  one  year  from  the  time  in  which  the  offence  complained 
s3i"«Hiy  be  cofiimitted- 


470 


1812. 


Chap.  106—107. 


Seines,  &c. 
attached  for 
breach  of  act. 


Chap.  106. 

1805  ch.  76. 
1808  ch.  91. 


Mill-holders 
shall  inake 
sluice  ways. 


penalties. 


Chap.  107. 


Persons  incor- 
porated. 


(1808  ch.  65.) 


May  hold  es- 
tate. 


Sect.  5.  Be  it  further  enacted,  That  all  seines,  nets,  boats, 
or  other  fishing  implements,  which  shall  be  used  in  violation 
of  any  provisions  of  this  Act,  shall  be  liable  to  attachment,  and 
held  to  respond  such  damages  and  costs  as  may  be  recovered 
in  any  action  prosecuted  under  this  Act.     [Fc6.  26,  1813.J 

An  Act  in  further  addition  to  an  Act,  entitled,  "An  Act  to  remove  and  prevent 
obstructions  to  the  passac;e  of  Shad,  Alewives  and  other  fish,  in  Farker  River, 
and  the  Falls  River,  so  called,  in  the  county  of  Essex,  and  the  streams  and 
brooks  running  into  said  Falls  River." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  of  this  Act,  the  sluice  ways  at  each 
and  every  dam  made  for  the  passage  of  fish  on  the  Falls  River, 
so  called,  in  the  county  of  Essex,  shall  at  all  times,  from  the 
fifteenth  day  of  April  to  the  first  day  of  June  annually,  be  such, 
that  the  perpendicular  section  of  the  water  running  in  each  of 
the  said  sluice  ways  shall  be  equal  to  one  hundred  and  forty- 
four  square  inches,  and  the  said  sluice  ways  shall  be  made  in 
such  form,  at  such  places,  and  with  such  convenient  passages 
thereto,  in  and  at  the  several  dams  aforesaid,  as  Dennison 
Wallis  and  Nathan  Felton,  Esquires  of  Danvers,  in  the  county 
of  Essex,  shall  direct.  And  the  mill-holders  are  hereby  oblig- 
ed to  mnke  at  their  own  expense  the  sluice  ways  and  passages 
as  above  directed,  if  not  already  made,  and  keep  the  same  in 
repair  during  the  continuance  of  the  Act  to  which  this  is  in  ad- 
dition, and  shall  not  be  holden  to  make  any  other  alterations 
at  their  expense  during  the  continuance  of  the  said  Act;  and 
the  said  mill-holders  shall  be  liable  to  the  same  penalties,  to 
be  sued  for  and  recovered,  in  the  same  manner  for  any  breaches 
of  the  duties  enjoined  upon  them  by  this  Act,  as  are  prescrib- 
ed for  the  like  offences  in  the  Act  to  which  this  Act  is  in  addi- 
tion.    [Feb.  26,  1813.] 


An  Act  to  incorporate  The  Pawtucket  Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Eliphalet  Slack,  Oliver  Starkweather,  Ebenezer 
Tyler,  Benjamin  S.  Walcutt  and  Elijah  Ingraham,  together 
with  such  other  persons  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  Pawtucket  Ma- 
nufacturing Company,  for  the  purpose  of  manufacturing  cotton 
and  woollen  goods,  at  Seekonk,  in  the  county  of  Bristol,  and 
for  this  purpose  shall  have  all  the  powers  and  privileges,  and 
be  subject  to  all  the  duties  and  requirements  contained  in  an 
Act  passed  the  third  day  of  March,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  nine,  entitled,  "  An  Act  defin- 
ing the  general  powers  and  duties  of  Manufacturing  Corpora- 
tions." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value 
of  one  hundred  thousand  dollars,  and  such  personal  estate,  not 
exceeding  the  value  of  three  hundred  thousand  dollars,  as  may 


Persons  incor^ 


1812. Chap.  109—113.  471 

be  necessary  and  convenient  for  establishing  and  carrying  on 
the  manufactures  aforesaid,  in  the  town  of  Seekonk.  [Feb.  26, 
1813.] 

An  Act  to  incorporate  The  Eagle  Steel  Company.  Chctp.  109. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of  the 
same,  That  Thomas  Dunbar  and  William  Dunbar,  with  such 
others  as  already  have,  or  may  hereafter  associate  with  them,  poi-ated.' 
their  successors  and  assigns,  be,  and  hereby  are  made  a  cor- 
poration, by  the  name  of  The  Eagle  Steel  Company,  for  the 
purpose  of  manufacturing  steel  in  the  town  of  Canton,  in  the 
county  of  Norfolk ;  and  for  that  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements contained  in  an  Act  passed  the  third  day  of  March, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  nine, 
entitled,  "An  Act  defining  the  general  powers  and  duties  of  (isos  ch.  65.) 
Manufacturing  Corporations." 

Skct.  2.     Be  it  further  enacted,  That  said  corporation  may  May  hold  e?- 
be  lawfully  seized   and  possessed  of  such  real  estate,   not  ex-  tate. 
ceeding  the  value  of  twenty-five  thousand  dollars,  and  such 
personal  estate,  not  exceeding  the  value  of  fifty  thousand  dol- 
lars, as  may  be  necessary  and  convenient  for  carrying  on  said 
manufactory  of  steel  in  said  town  of  Canton.     [Feb.  26,  1813.] 

An  Act  in  fuitner  addition  to  an  Act  for  incorporating  James  Sullivan,  Esq.  and    Chap.  113» 
others,  by  the  name  and  style  of  the  Proprietors  of  T  e  Middlesex  Canal.  1793  ch   21 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen-  (^-  ^P*  ^^^•) 

tatives-  in  General  Court  assembled,  and  by  the  authority  of  the  /y.  2.  p.  26.) 

same.  That  the  proprietors  of  The  Middlesex  Canal,  be,  and  1798  ch.  16. 

they  hereby  are  authorized  and  empowered,  in  order  to  ren-  ^Y',?'  f'  3^^'^ 

der  Merimac  river  completelj'^  and  conveniently  navigable  for  (v.  2.  p.  342.) 

boats  from  the  said  canal  u^i  Merimac  river  to  the  boundary  of  I802ch.  98. 

the  State,  to  make  and   coiistruct  a  lock  and  a  dcim  at  the  ra-  i808'ch!2. 

pids  in   Tyngsborough,  known  by  the  name  of  Wicasee  Falls,  I809ch.  19. 

at  such  place,  or  part  of  said  rapids  or  falls,  and  on  whichever  '^^^  ^^^'  ^^' 

side  of  the  island  situated  thereat  may  be  found  most  conve-  f^^J  build  a 

r>        ■  7    1   7  mi         •     .1  •  ^     I  .1    lock  and  dam. 

nient :  Frovided  however,    1  hat  m  the  construction  ol  the  said  p    ,. 

dam  to  raise  the  water  to  float  loaded  boats  into  the  said  lock, 
sufficient  openings,  slopes  or  fish-ways,  shall  be  left  for  the  free 
passage  of  fish,  and  for  the  passage  of  rafts  down  said  river,  at 
such  times  as  they  do  commonly  descend  the  same ;  and  if  it 
should  appear  to  any  person  or  persons,  that  good  and  suffi- 
cient fish-ways  shall  not  be  made  and  kept  open  in  the  said 
dam  as  aforesaid,  that  on  application  made  to  the  Court  of 
Sessions  in  the  county  of  Middlesex,  setting  forth  the  fact,  the 
said  court  shall  appoint  five  impartial  men,  a  committee,  to 
view  the  premises  and  take  cognizance  of  the  facts  ;  and  the 
report  of  said  committee,  accepted  by  the  said  court,  shall  be 
binding  on  the  said  proprietors,  who  shall  thereupon  be  bound 
to  alter  their  said  dam  conformably  thereto  ;  and  if  any  altera- 
tion shall  be  deemed  necessary  by  said  committee  and  the  said 
court,  the  costs  shall  be  borne  by  the  said  proprietors,  if  other- 
wise, by  the  complainant. 


472:  1-312.-— Chai^.   113—115'. 

Se-ci'.  2-.  Be  it  further  enacted,  That  in  carrying  the  grarrt'- 
Hereby  made  into  effect,  the  said  proprietors  shall  be  undei'' 
the  same  liability  for  damages,  and  have  the  same  privileges' 
as  heretofore  granted. 

Sect.  3.     Be  it  furilier  enacted.    That  in    consideration   oS 
the   expenditures  necessary  to  con=;tiAjCL  tfle  said   lock,   and 
other  works  for' the  purpose  aforesaid,  and  to  remunerate  the 
foU  establish-  said  proprietors,  zi  toll  for  the  passage  ot  said  lacks,  be,  and 
^^'  hereby  is  established  of  ten  cents  a  ton,  oii  each  and  every  ton: 

38Uch''ioo.)    of  merchandize  that  shall  be  conveyed  up  through  the  said 
lock  in  boats,  but  that  emptj^  boats  shall  have  a  right  to  pass 
freely  through  the  same  ;  also  boats  descending  with  wood  ot 
other  loading,  subject  however  to  the  regulations  and  by-laws, 
,  which  the  said  proprietors   may  establish  for  the  management 

thereof,  according  to  existing  laws,  giving  to  them  that  authori^ 
ty  over  the  Middlesex  Canal,  which  powei's  are  hereby  extend- 
ed io  the  said  works  and  locks  to  be  built  at  said  Wicasee" 
Falls.  [Fefe.  26,  1813.]  Add.  acts— 1812  cli.  115  :  1314  ch. 
100. 

Ghao    114  '    ■'^^  ^^^  '°  establish  The  Royalston  Cotton  and  U  ool' Manufacturing  Company .- 

SncT.  1  .•    BE  it  enacted  hy  ^le  Senate  and  House  of  Representa- 
thcs,  in  General   Court   assenihled,   and  hy   the  authority  of  tht 
Persons  h\-       same,  That  Benjamin  Davis,  I-saiah  Fairbanks,  Eliphalet  Chase^ 
eorpmated.       gilas  Hale,  Francis  Twichell,  Daniel  Fairbanks,  Francis  Fletch- 
er, and  Ebenezer  Blanding,  together  with  such  others  as  have 
already,  or  may  hereafter  associate  and  join  with  them^  their 
successors  and  assigns^  be,  an^d  they  hereby*  are  made  a  corpo- 
ration, by  the  name  of  the  Royalston  Cotton  and  Wool  Manu-" 
facturing  Company,  for  the  purpose   of  manufacturing  cotton- 
and  wool,  in   the  town  of  Royalston  ;  and  for  that  purpose, 
shall  have  all  the  powers  and  privileges,  and  be  subject  to  all 
(t'sos  ch.  65.)    the  duties  and  requirements  contaii—d  in  "An  Act  defining  the- 
general  powers  and  duties  of  nianufacturing  corporations,"  pas- 
sed the  third  day  of  March,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  nine. 
May  liokf  cs-         Sf.ct.  2;     Be  it  further  enacted.    That  the  said  corpora tionc 
'ate.  niay  lawfully  hold  and  possess  such  real  estate,  not  exceeding 

the  value  of  twenty  thousand  dollars,  and  personal  estate,  not 
exceeding  the  value  of  fifty  thousand  dollars,  as  may  be  con-_ 
venient  and  necessary  for  carrying  on  the  manufacturing  of 
cotton  and  v.'ooi,  in  the  said  town  of  Royalston.  [Fefc.  26. 
1-81 3.t 

Chap.   115.     Ai'.'A;iT  in  further  addition  to  an  Act,  enticied^  "An  Act  in  further  addition  to  an 
1^93  ch.  21  -'^'^'^'  entitled,  an  Act  for  incorporatina;  Jameii' Sullivan,  Esq',  and  others,   by  tlic 

fV.  1.  p.  46*5  ")         name  and  style  of  the  Proprietors  of  The  Midf>lesex  Canal." 

^^-  BE  it  enacted  hy  the  Senate   and  House  of  Representatives,  in 

General   Court  assemhled,   and  hy  the  authority  of  thi  same.  That 

Furfnertime      the  proprietors  of  The  Middlesex*  Canal  shall  be  allowed  a 

allowed.  further  time  of  five  years  from  the  twenty-second  day  of  June 

next,  to  render  Concord  river  boatable  and  navigable,  and  for 

18,0*2  eh.  9B.      Cutting  Other  canals  in  the  county  of  Middlesex,  pursuant  and 

(V.  3.  p.  131.)    according  to  the   tenor  of  the  acts  heretofore  passed  on  tha<' 

subject.     [Feh.  26,  1813.],    Further  act— 1814  ch.  100- 


1812. Chap.  118—123.  47.^ 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  establish  The  Brookfield    (^/i^p.  118. 
and  Charlton  Turnpike  Corporation.  1H07    h    T?l  * 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  further  time  of  three  years,  from  and  after  the  twelfth  day  Further  time 
of  March  next,  be,  and  hereby  is  allowed  to  said  corporation  allowed, 
to  build  and  complete  their  said  road,  any  law  to  the  contrary 
notwithstanding.     [Feb.  27,  1813.] 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  supplementary   to  the   Act  to    QhaXf'  1 1  9« 
incorporate  the  Proprietors  of  St.  Peter's  Church,  in  Salem,  in  the  county  of   1700  -u  ao 

^*^^*-''  (V.'l.p.  497. 

BE  it  enacted  by  the  Senate  and  House  of  Rtpresentatives,  in  isioch.  12. 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  of  this  act,  in  all  defaults  of  pay- 
ment on  any  assessment,  duly  made  on  the  Proprietors  of  said 
church,  the  pew  or  seat  upon  which  such  deficiency  arises, 
shall  revert  to  the  corporation  in  ninety  daj's  after  public  no- 
tice is  given,  as  provided  for  in  the  aforesaid  supplementary 
act,  any  thing  in  said  act  of  incorporation  to  the  contrary  not- 
withstanding: Provided  hoivever,  That  any  proprietor  whose  Proviso^ 
pew  or  seat  may  be  forfeited  as  aforesaid,  may  at  any  time 
within  one  year  thereafter  redeem  the  same  by  paying  the  de- 
ficiency for  which  the  same  may  have  been  sold,  with  interest 
and  all  costs  that  shall  have  arisen  thereon.     [Feb.  27,  1813.] 

An  Act  to  establish  The  Plympton  Cotton  Factory  Company.  ChaVt  123» 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Zachariah  Eddy,  Ebenezer  Deane,  William  Good-  Persons  in- 
win,  Joshua  Eddy,  jun.  Jonathan  Parker,  jun.  Levi  Bradford,  corporated. 
jun.  W.  S.  Eddy,  Robert  Blair,  Martin  Hayward,  Josiah 
White,  Daniel  Parker,  Isaac  Wright,  Isaac  Bartlett,  James 
Cushman,  Ezra  Weston,  Ezra  Weston,  jun.  Benjamin  Billings- 
Nathaniel  Eddy,  Greenleaf  Pratt,  Josiah  Cook,  jun.  Dan  Wil- 
marth,  Ephraim  Edson,  and  Barzillai  Crane,  together  with 
such  others  as  may  associate  with  them,  their  successors  and 
assigns,  be,  and  they  hereby  are  made  a  corporation,  by  the 
name  of  The  Plympton  Cotton  Manufacturing  Company,  for 
the  purpose  of  manufacturing  cotton,  wool  and  linen  yarn  and 
cloth,  in  Plympton,  in  thecounty  of  Plymouth  ;  and  shall  have 
all  the  powers  and  privileges,  and  shall  be  subject  to  all  the  du- 
ties and  requirements  prescribed  in  an  act,  entitled,  "An  Act  (I808ch. 65.) 
defining  the  general  powers  and  duties  of  manufacturing  cor- 
porations," passed  the  third  day  of  March,  eighteen  hundred 
and  nine. 

Sect.   2.     Be  it  further    enacted.    That  said  corporation,  in   May  hold  es- 
their  corporate  capacity,  shall  and  may  lawfully  hold  and  pos-  *^^^- 
sess  such  real  estate,  not  exceeding  fifty  thousand  dollars,  and 
personal  estate,  not  exceeding  fifty  thousand  dollars,  as  may 
be  necessary  and  convenient  for  c;)rrying  on  said  manufacture 
in  their  various  branches  as  aforesaid.     [Feb.  27,  1813.] 

VOL.  IV.  60 


474  1812. Chap.  125. 

Chap»    125.     An  Act  to   alter  and  change  the  Names  of  certain  persons  therein  mentioned^ 
"  and  for  other  purposes. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  of  this  act,  Samuel  White,  of  Boston, 
in  the  county  of  Suffolk,  shall  be  allowed  to  take  the  name  of 
Samuel  Kellogg  White;  that  Mary  Leo  Griffith,  daughter  of 
the  widow  Mary  Griffith,  of  the  same  Boston,  shall  be  allowed 
to  take  the  name  of  Mary  Elizabeth  Newall  Griffith ;  that 
tered.  Johnston  Brown,  of  Bost«4i  aforesaid,  jeweller,  son  of  Robert 

Brown,  late  of  Plymouth,  in  the  county  of  Plymouth,  deceased, 
shall  be  allow^ed  to  take  the  name  of  Robert  Johnston  Brown  ; 
that  Abiah  Williams,  of  said  Boston,  shall  be  allowed  to  take 
the  name  of  Maria  Williams  ;  that  Charles  Parsons,  of  Boston 
aforesaid,  merchant,  shall  be  allowed  to  take  the  name  of 
Ch?irles  Chauncy  Parsons  ;  and  all  acts  heretofore  lawfully 
done  by  the  said  Parsons,  in  the  name  of  Charles  Chauncy 
Parsons,  are  hereby  ratified  and  confirmed  ;  that  Lucy  Ann 
Innes  Whitwell,  an  infant  daughter  of  Benjamin  Whitwell, 
Esq.  of  the  same  Boston,  shall  be  allowed  to  take  the  name  of 
Lucy  Gushing  Whil  well ;  that  James  Dickinson,  of  said  Bos- 
ton, comedian,  shall  be  allowed  to  take  the  name  of  James 
Amos  Dickson  ;  that  Ebenezer  Baker,  of  Boston  aforesaid,  son 
of  Ebenezer  Baker,  late  of  Dorchester,  in  the  county  of  Nor- 
folk, deceased,  shall  be  allowed  to  take  the  name  of  Ebenezer 
Richard  Baker;  that  William  Wyer,  of  the  same  Boston,  ma- 
riner, shall  be  allowed  to  take  the  name  of  William  Fitzpatrick 
Wyer;  that  George  Hall,  of  said  Boston,  son  of  Dr.  George 
H.  Hall,  late  of  Brattleboro',  Vermont,  deceased,  shall  be  al- 
lowed to  take  the  name  of  George  Ward  Hall;  that  John 
Brow^ne,  of  Salem,  in  the  county  of  Essex,  cordwainer,  shall 
be  allowed  to  take  the  name  of  John  D.  Browne  ;  that  John 
Smith,  jun.  of  Newburyport,  in  said  county  of  Essex,  mer- 
chant, son  of  Leonard  Smith,  of  the  same  Newburyport,  shall 
be  allowed  to  take  the  name  of  John  Augustus  Smith  ;  that 
Salvador  Sabate,  of  Cohasset,  in  the  county  of  Norfolk,  shall 
be  allowed  to  take  the  name  of  Samuel  Snow;  that  William 
Leonard,  jun.  of  Plymouth  in  the  county  of  Plymouth,  son  of 
Nathaniel  Leonard,  Esq.  of  Taunton,  in  the  county  of  Bristol, 
shall  be  allowed  to  take  the  name  of  William  B.  Leonard  ; 
that  Harry  Sargent,  of  Leicester,  in  the  county  of  Worcester, 
gentleman,  shall  be  allowed  to  take  the  name  of  Henry  Sar- 
gent ;  that  Albert  Lamberton,  commonly  called  Albert  Lewis, 
a  minor  and  godson  of  Darius  Lewis,  of  Egremont,  in  the 
county  of  Berkshire,  shall  be  allowed  to  take  the  name  of  Albert 
Lewis  ;  that  Jesse  Hunter,  of  Becket,  in  said  county  of  Berk- 
shire, yeoman,  shall  be  allowed  to  take  the  name  of  John 
Larkin  Hunter;  that  Pardon  Shippey,  otherwise  called  Pardon 
Trask,  of  Cheshire,  in  the  county  of  Berkshire  aforesaid,  yeo- 
man, shall  be  allowed  to  take  the  name  of  Pardon  Lincoln; 
that  Harvey  Needham,  of  South  Brimfield,  in  the  county  of 
Hampden,  gentleman,  shall  be  allowed  to  take  the  name  of 
Jarnes  Harvey  Needhan*;  that  John  Thompson,  the  fourth,  »f 


1812. Chap.  125—128.  475 

Berwick,  in  the  county  of  York,  shall  be  allowed  to  take  the 
name  of  John  S.  Tomnson  ;  that  Abel  Prescott,  2ci.  of  Con- 
corr),  in  the  county  of  Middlesex,  son  of  the  late  Willoughby 
Prescott,  of  the  same  Concord,  deceased,  shall  be  allowed  to 
lake  the  name  of  Abel  Hey  wood  Prescott;  and  the  several 
persons  before  named,  from  the  time  of  the  passing  of  this  act, 
shall  be  called  and  known  by  the  names,  which  by  this  act 
they  are  respectively  allowed  to  lake  and  assume  as  afore- 
said;  and  the  said  names  shall  forever  hereafter  be  considered 
as  their  only  proper  and  legal  names,  to  all  intents  and  purpo- 
ses.    [Peh.  27,  1813.] 

An    v.'T  in  a  IJiLio.i  lo  ilif  several  acts  to  pieveut  the  destiuctioii  of  alewives  and    f^flp,   127. 
other  fish  in  Ipswich  river.  17.SV   -h    '8 

Sect.  1.     BE  it  exacted  by  the  Senate   and    House   of  Kepre-  (V.  l.p.  191.) 
sentntives,  in  General  Court  assembled,  and  bi/  the  authority  of  the    ''  "  *^  ^'  '''^:^  ■. 
same.  That  from  and  after  the  passin;^  of  this  act,  ihe  'ir.ie  for   1790  cii.'btj. 
the  passage  way  or  ways  -o  be  kept  open,  tor  the  fi>h   to  pass  C^-  2.  p  128.) 
and  repass  through  any  mill  dam  or  dams  now  erected,  or  to  (v.  3!  p.  524.) 
be  hcreaOer  erected  on  the  slream   running  from  Humpiirey's  isiOcb.  H7. 
pond,  so  called,  into  said  Ipswich  river,  shall  be  from  the  tenth  passage  way»,; 
day  of  May  to  the  tenth   day  of  June   annually,  any  thing  in  when  kept 
the  before-mentioned  acts  to  the  contrary  notwithstanding.  °P^"" 

Sect.  2.  Be  it  firther  enacted.  That  the  agent  appointed 
by  the  Danvers  Cotton  Factory  Company  shall  always  be  one 
of  the  fish  committee  provided  for  in  the  acts  to  which  this  is 
in  addition  and  amendment.  [Feb.  27,  1813.]  Further  act — 
1814  ch.  22. 

An  Art  to   incorporate  a  Religious  Societj^,  by  the   name  of  The  Eastern  Metho-    Chap>  128. 
dist  Society  in  Lynn. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Parker  Mudge,  Joseph  Ingalls,  James  Clough,  Sam-  Persons  incor- 
uel  Mudge,  Daniel  Fuller,  Jonathan  Ingalls,  Abner  Ingalls,  porated. 
Robert  Mansfield,  Ephraim  Brown,  William  Ashton,  Robert 
Mansfield,  jun.  Edmund  Lewis,  jun.  John  Ireson,  Ezra  Mudge, 
George  Hamlin,  Benjamin  N.  Hallowell,  Thomas  Vickery, 
John  Lewis,  Nathaniel  Ingalls,  John  Chase,  John  Lewis,  jun. 
Ebenezer  Tarbox,  jun.  James  Lewis,  Nathaniel  Lewis,  Sam- 
uel Ashton,  Samuel  Ashton,  jun.  Joseph  Lewis,  Benjamin 
Lewis,  jun.  Nathaniel  Parrott,  Hepzibah  Parrott,  James  Par- 
rott.  jun.  Hannah  Parrott,  Theophilus  Burrell,  Isaac  Proctor, 
Nathan  Mudge,  jun.  Samuel  Ireson,  Jacob  Ingalls,  John  In- 
galls, 4th.  Jacob  Jackson,  Mark  Graves,  John  Ingalls,  jun. 
William  Parrot,  William  Marshall,  Eleazer  Ingalls,  Joseph 
Fuller,  jun.  Henry  Segar,  Joseph  Richards,  Joseph  Richards,  * 

jun.  Jacob  Phillips,  Theophilus  Clark,  Joseph  Blaney,  jun. 
Richard  Hanford,  Joseph  Currier,  Micajah  Bnrrell,  James 
Bickford,  Theophilus  Burrel,  jun.  Nathan  Mudge,  Zachariah 
Atwell,  Peter  G.  Robbins,  Edward  Ingalls,  William  Phillips, 
John  Gibbons,  Rufus  Parrott,  Ebenezer  Burrell,  jun.  James  F. 
Lewis,  John  Richards,  jun.  Jacob  Ingalls,  jun.  Peter  Barry, 
John  D.  Atwell,  Timothy  Newhall,  Enoch  Mudge,  jun.  Benja- 


476 


1812. 


Chap.  128. 


Proviso. 


May  hold  es- 
tate, 


Proviso. 


May  assess 
pews,  ^ 


Treasurer  to 
sell  shares. 


min  Stone,  Marshall  Brown,  Jonathan  Chase,  Daniel  C.  Watts, 
John  Brown,  John  Mansfield,  Joseph  Ingalls,  jun.  Joseph 
Lewis,  jun.  Joseph  Mudge,  jun.  Caleb  Stone,  Jesse  L.  Atwell, 
Abijah  Ramsdale,  jun.  Richard  Richards,  John  Richards,  3d. 
William  Ingalls,  Stephen  Lewis,  Robert  Mc.  Farlain,  Ezra 
Brown,  jun.  Jonathan  Tutile,  Blaney  Lewis,  Nathan  Lewis, 
and  Leonard  Coburn,  with  such  others  as  shall  hereafter  asso- 
ciate with  them,  together  with  their  families  and  estates,  be, 
and  they  hereby  are  incorporated  into  a  religious  society,  by 
the  name  of  The  Eastern  Methodist  Society  in  Lynn,  with  all 
the  powers,  privileges  and  immunities,  to  which  all  other  pa- 
rishes within  this  Commonwealth  arc  by  law  entitled  :  Provid- 
ed however,  That  the  persons  set  off  as  aforesaid,  shall  be 
holden  to  pay  their  proportion  of  all  monies  assessed  in  each 
of  the  other  religious  societies  in  said  town,  for  parochial  pur- 
poses, to  which  lie  or  she  formerly  belonged. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Corporation 
may  hold  the  lot  of  land,  whereon  they  have  lately  built  a 
meeting  house,  together  with  said  meeting  house,  and  such 
other  estate,  real  and  personal,  as  the  Corporation  shall  deter- 
mine Lo  own  :  Provided,  that  the  annual  income  of  the  whole 
estate  of  the  Corporation,  beside  the  meeting  house  and  land 
under  it,  shall  not  exceed  two  thousand  dollars;  and  the  said 
Corporation  may  sue  and  be  sued  by  its  corporate  name,  and 
may  make  and  use  a  common  seal,  and  break  and  alter  it  at 
pleasure ;  and  may  make  any  by-laws  for  the  government 
thereof,  and  for  the  management  of  the  corporate  property, 
that  a  major  part  of  the  members  present  (calculating  accord- 
ing to  their  respective  interests  as  is  hereafter  set  forth)  shall 
think  best:  Provided,  the  same  are  not  contrary  to  the  consti- 
tution and  laws  of  this  Commonwealth. 

Sect.  3.  Be  it  further  enacted.  That  the  proprietors  or 
owners  of  the  pews  in  the  meeting  house,  belonging  to  said  So- 
ciety, shall  be  solely  authorized  and  empowered  to  vote  in, 
and  manage  the  concerns  of  said  Corporation,  and  they,  with 
their  families  and  estates,  and  not  the  persons  who  occasionally 
hire  pews  or  seats  in  said  house,  shall  be  liable  to  all  assess- 
ments or  taxes  for  the  charges  of  the  said  parish ;  and  in  all 
cases  two  votes  and  no  more  may  be  given  in  the  right  of  each 
pew,  and  the  said  Corporation  are  hereby  authorized  to  raise 
by  an  assessment  on  the  pews  in  said  meeting  house,  such 
sum  and  sums  of  money  for  the  maintenance  of  a  minister  or 
ministers,  for  repairing  the  meeting  house,  and  for  defraying 
the  other  expenses  of  public  worship,  with  incidental  charges, 
as  the  aforesaid  voters  shall  agree  on  at  a  legal  meeting  to  be 
called  for  that  purpose. 

Sect.  4.  Be  it  further  enacted,  That  if  any  proprietor  of 
such  pew  or  pews  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  the  said  Cor- 
poration, for  the  time  being,  shall  be  authorized  and  empow- 
ered to  sell  and  convey  all  the  estate,  share  and  interest  of 
such  delinquent  proprietor  in  the  said  Corporation,  at  public 


1812. Chap.  128—132.  477 

auction,  first  giving  notice  thereof,  fourteen  days  at  least,  pre- 
vious to  the  sale,  at  the  door  of  the  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  delinquent's  assessment,  together  with  legal  interest  there- 
on from  the  lime  the  same  was  made,  and  all  incidental  costs 
and  charges,  the  Treasurer  shall  pay  the  surplus,  if  any  there 
be,  to  such  delinquent  proprietor. 

Sect.  5.     Be  it  further  enacted.  That  when  any  member  of 
the  said  Eastern  Methodist  Society  shall  see  cause  to  leave  the  Manner  ot 
same,  notice  must  be  given  by  him  or  her  to  the  Clerk  of  said  'g^*^';^"^^^'^'' 
Society,  of  such  an  intention  ;  and  in  every  case,  such  person 
shall  be  held  to  pay  his  or  her  proportion  of  all  parochial  ex- 
penses incurred  previous  to  the  leaving  said  Societ}^. 

Sect.  6.  Be  it  further  enacted,  I'hat  any  Justice  of  the  justice  to  issue 
Peace  in  the  county  of  Essex  is  hereby  authorized,  upon  ap-  warrant, 
plication  of  three  oflhe  said  Society,  to  issue  a  warrant  for 
calling  the  first  meeting  of  said  Society,  to  be  directed  to  some 
member  of  said  Society,  to  be  served  as  in  said  warrant  shall 
be  directed  ;  and  said  society  may,  at  said  meeting,  agree  upon 
a  method  of  calling  future  meetings.     [Feb.  27,  1813.] 

An  Act  to  annex  Jason  Hartshorn  and  others  to  the  Third  Parish  in  Roxbury.    C/iop,  l29, 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Jason  Hartshorn,  Joseph  Heath,  Josiah  Foster,  Jonathan 
Smith,  Paul  Gore,  Isaac  Davis,  jun.  James  Watson,  filisha 
Seaverns,  Aaron  Kingsbury,  Sears  Hearsey,  and  Ebenezer  Set  off. 
Hearsey,  with  their  families  and  estates,  be,  and  they  are 
hereby  set  off  from  the  first,  and  annexed  to  the  third  parish 
in  Roxbury  :  Provided,  That  each  of  the  persons  herein  nanaed 
shall  be  holden  to  pay  his  respective  proportion  of  taxes  as- 
sessed upon  him,  and  due  to  the  said  first  parish,  prior  to  the 
date  of  this  act.     [Feb.  27,  1813.] 

An  Act  to  preserve  and  regulate  the   Eel  fishery  in  the  Town  of  Chatham.         Ckup,  132. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  from  and  after  the  first  day  of  September  next,  it 
shall  not  be  lawful  for  any  person  not  an  inhabitant  of  the 
town  of  Chatham,  to  take  within  the  limits  of  said  town,  any 
eels,  without  a  permit  in  writing  from  the  major  part  of  the 
selectmen  of  the  said  town,  expressing  the  name  of  the  person, 
and  the  quantity  permitted  to  be  taken  ;  and  every  person  so 
offending  shall  forfeit  and  pay  for  every  dozen  so  taken,  the 
sum  of  twenty-five  cents ;  Provided  nevertheless.  That  the  ma-  Penalty, 
jor  part  of  the  selectmen  for  the  time  being  shall  have  power 
to  give  permits  in  writing  to  any  person  to  take  eels  in  said 
town  of  Chatham,  at  such  times  and  in  such  quantities  as  they 
shall  deem  reasonable,  and  express  in  their  permit :  Provided  Proriso. 
also,  That  every  inhabitant  of  said  town  of  Chatham  without 
such  permit,  shall  have  a  right  to  take  eels  within  the  limits  of 
said  town  for  the  use  of  his  family, 


478 


1812. 


Chap.  132—136. 


Fines  and 
forfeitures. 


Qiap.  136. 


Sect.  2.  Be  it  further  enacted,  That  if  any  boat,  cart,  sled, 
horse  or  craft,  shall  he  found  within  the  limits  of  said  town  of 
Chatham,  and  not  owned  therein,  with  any  eels  taken  within 
the  limits  of  the  said  town,  without  a  permit  as  aforesaid  from 
the  selectmen,  it  shall  be  lawful  for  any  of  the  fish-wardens,  or  for 
any  inhabitant  or  inhabitants  of  the  town  of  Chatham  to  seize 
and  detain  the  same,  not  exceeding  twenty-four  hours,  in  order 
that  the  same,  if  need  be,  may  be  attached  or  arrested  by  due 
process  of  law,  in  that  time  to  answer  the  said  fines  and  for- 
feitures, with  cost  of  suit. 

Sect.  3.  Be  it  further  enacted,  That  all  fines  and  forfeitures 
which  may  be  incurred  thereby,  shall  enure  one  half  to  him  or 
them  who  may  sue  for  the  same,  and  the  other  half  to  the  said 
town  of  Chatham  ;  and  the  same  shall  be  recovered  with  legal 
costs  of  suit,  in  an  action  of  debt,  before  any  Justice  of  Peace 
for  the  county  of  Barnstable  not  interested  therein.  [Feb.  27, 
1813.] 

An  Act  establishing  Tlie  Taunton  and  Dighton  Turnpike  Corporation. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  rf  Represen- 
tatives, in  General    Court   assembled,  and   by  the  authority  of  the 

Persoas  incor-    same.  That  Thomas  S.  Baylies,  Samuel  Crocker,  Hilliard  Earl, 

porated.  James  Sproat,  Job  W.  Hall  and  John  West,  together  with  such 

persons  as  have  associated  or  may  hereafter  associate  with 
them,  their  successors  and  assigns,  be,  and  they  hereby  are 
made  a  Corporation,  by  the  name  of  The  Taunton  and  Digh- 
ton Turnpike  Corporation,  for  the  purpose  of  laying  out  and 
making  and  keeping  in  good  repair  a  turnpike  road,  beginning 
at  or  near  Taunton  Green,  in  the  town  of  Taunton,  in  the 
county  of  Bristol,  thence  proceeding  on  the  most  favourable 
route  to  Warren,  in  the  State  of  Rhode  Island,  so  far  as,  this 
Commonwealth  extends  ;  and  for  this  purpose  shall  have  all 
the  powers  and  privileges,  and  be  subject  to   all  the  duties,  re- 

(1804  ch.  125.)  quirements  and  penalties  contained  in  an  act  entitled,  "An 
act  defining  the  general  powers  and  duties  of  turnpike  Corpo- 
rations," passed  the  sixteenth  day  of  March,  one  thousand 
eight  hundred  and  five. 

Sect.  2.  Be  it  further  enacted.  That  the  Proprietors  of  the 
said  turnpike  shall  be  allowed  to  erect  and  keep  two  gates,  and 

Rates  of  toll,  shall  be  entitled  to  demand  and  receive  the  following  rates  of 
toll  at  said  gates,  viz,  for  each  coach,  chariot,  phaeton  or  other 
four  wheel  carriage,  for  pleasure  or  travelling,  drawn  by  two 
horses,  twenty-five  cents,  and  if  drawn  by  more  than  two 
horses,  two  cents  for  each  additional  horse;  for  each  cart  or 
waggon,  drawn  by  two  horses  or  oxen,  ten  cents,  and  if  by- 
more,  one  cent  for  each  additional  beast;  for  every  sled  or 
sleigh,  drawn  by  two  horses  or  oxen,  eight  cents,  and  one  cent 
for  each  additional  beast ;  for  every  cart,  waggon,  truck,  sled 
or  sleigh,  drawn  by  one  horse  only,  six  cents;  for  every  cur- 
ricle, fifteen  cents;  for  every  chaise,  chair,  sulkey  or  other 
carriage  for  pleasure,  drawn  by  one  horse,  twelve  and  an  half 
cents ;  for  every  man  and  horse,  four  cents ;  for  all  horses, 


1812. Chap.  136—142.  479 

mules  or  neat  cattle,  led  or  driven,  not  in  teams  or  carriages^ 
one  cent  each ;  and  for  all  sheep  or  swine,  at  the  rate  of  three 
cents  by  the  dozen. 

Sect.  3.  Be  it  further  enacted,  That  said  Corporation,  shall 
not,  without  the  consent  of  the  owner  or  owners  of  any  land 
over  which  said  road  shall  pass,  throw  open  the  fences  or  other 
enclosures  upon  the  same,  or  mrike  said  road,  or  in  any  way 
injure  the  property  of  any  owner  or  owners  of  such  lands,  un- 
til the  damages  done  by  the  passine;  of  said  road  through  such  Committee  to 
1       1       1     11  1  1  r  -11  •  1       assess  da- 

land,  shall  have  been  nrst  ascertamed    by   a  committee,  who  mages. 

may  by  law  be  authorized  to  assess  the  same,  and  such  da- 
mages, so  assessed,  shall  have  been  paid  or  tendered  to  the 
person  entitled  to  receive  the  same  :  Provided  however.  That  Proviso, 
nothing  herein  contained  shall  be  construed  to  prevent  said 
Corporation,  their  agents  or  servants,  from  entering  on  any 
land  to  survey  or  lay  out  the  same.     [Feb.  27,  1813.] 

An  Act  in  addition  to  an   Act,  entitled,   *' An    Act  to  incorporate  The  Proprie-   Chctpt  138» 
tors  of  Fresh  Pond  Meadows,  for  the  purpose  of  draining  them."  1799  ch.  79. 

Sect.   1.     BK  ?t  enacted  by  the  !Senate  and  House  of  Represen-  (V.  2.  p.  376.) 
tatives,    in  General   Court  assembled^  and  by  the  authority  of  the 
same,  That  the  Proprietors  of  Fresh  Pond  Meadows  may  erect 
at  the  bridge  on   the  county   road  between   Cambridge   and 
West  Cambridge,  and  from  time  to   time,  keep  a  gate   or  ma-  Shall  keep  a 
chine  for  the   purpose   of  facilitating  the  draining  the   Fresh  ^^^^" 
Pond  Meadows  (so  called)  in   the   towns  of  Cambridge  and 
West  Cambridge  ;  Provided,  that  the  said  gate  or  machine  may  Proviso, 
be  kept  open  by  the  selectmen  of  either  of  the  towns  of  Cam- 
/bridge  or  West  Cambridge,  from  the  first  day  of  March  to  the 
fifteenth  day  of  June,  in  each  and  every  year,  for  the  free 
passage  of  fish. 

Sect.  2.  Be  it  further  enacted,  That  if  it  shall  be  found  that 
the  time  aforesaid  is  not  sufficient  for  the  free  passage  of  shad 
and  alewives,  that  on  the  application  of  the  selectmen  of  either 
of  the  towns  of  Cambridge  or  West  Cambridge,  the  Court  of 
Sessions,  for  the  county  of  Middlesex,  may  direct  that  the  said 
gate  or  machine  shall  be  kept  open  for  such  further  time  as 
may  be  deemed  necessary  for  the  preservation  of  said  fish. 

Sect.  3.  Be  it  further  enacted.  That  if  any  person  shall  wil- 
fully destroy,  injure  or  impede  the  operation  of  the  said  gate 
or  machine,  the  person  so  offending,  shall  forfeit  and  pay  for 
each  offence,  a  sum  not  exceeding  one  hundred  dollars,  nor  Penalty  in 
less  than  twenty  dollars,  to  be  recovered  before  any  Court  [^- ^^  °^ ^*'^"' 
proper  to  try  the  same,  one  half  to  the  use  of  the  informer, 
and  the  other  half  to  the  use  of  the  Proprietors  of  the  Fresh 
Pond  Meadows  aforesaid.  [Feb.  27,  1813.]  Further  act — 
1813  ch.  G4. 

An  Act  to  repeal  and  alter  certain  parts  of  the  act  therein  mentioned.  Chdp,  142« 

BE  it  enacted  by    the   Senate  and    House  of  Representatives,  l^^*^^'  ^'     . 
in  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
so  much  of  the  third  sec(ion  of  the  act,  entitled,  an  act  to  re- 
peal an  act,  entitled,  "  An  act  to  invest  the  committee  of  the 


41)0 


1811 


Chap.  142—143. 


Act  repealed. 


Chap.  143. 


Persons   incoi-' 


porated. 


May  hold 
estate. 


Income,  how 
appropriated. 


Vacancies, 
how  supplied. 


second  precinct  in  Rehoboth  with  corporate  powervS  for  cer- 
tain purposes  therein  mentioned,  and  to  incorporate  a  number 
of  the  inhabitants  of  said  precinct,  by  the  name  of  the  Catholic 
Congregational  Church  and  society,  in  the  second  precinct  in 
the  town  of  Rehoboth,"  as  provides  that  the  annual  income  of 
the  fund  appropriated  for  the  support  of  the  ministry  in  the 
second  precinct  in  the  town  of  Rehoboth,  shall  be  limited  to 
five  hundred  dollars,  be,  and  the  same  is  hereby  repealed ; 
and  the  annual  income  of  the  said  fund  shrill  be,  and  hereby 
is  allowed  to  be  augmented  and  extended  to  one  thousand  dol- 
lars, and  the  Trustees  of  the  said  Catholic  Congregational 
Church  and  Society  in  the  said  second  precinct  shall  be,  and 
they  are  hereby  further  empowered  to  receive  donations  and 
subscriptions,  both  real  and  personal,  to  such  an  amount  as 
that  the  annual  income  from  the  said  fund  shall  produce  the 
said  sum  of  one  thousand  dollars,  and  the  said  income  from 
rents,  issues  and  profits,  shall  be  applied  and  used,  as  in  the 
aforesaid  act  is  directed.     [Feb.  27,1813.] 

An   Act  to    incorporate  The  Trustees  of  the  Congregational  Ministerial   Fund 
in  Concord. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  John  White,  Francis  Jarvis  and  John  L.  Tuttle, 
and  such  others  as  shall  hereafter  be  duly  appointed,  be,  and 
they  hereby  are  incorporated  and  made  a  body  politic  and 
corporate,  by  the  name  of  The  Trustees  of  the  Congregational 
Ministerial  Fund  in  Concord. 

Sect.  2.  Be  it  further  enacted,  That  the  said  Corporation 
may  have  and  use  a  common  seal,  and  the  same  may  break, 
alter  and  renew  at  pleasure,  shall  be  capable  of  suing  and  be- 
ing sued,  in  any  actions  real,  personal  or  mixed,  in  any  Court 
having  jurisdiction  thereof;  shall  or  may  take  and  hold  in  fee 
simple  or  otherwise,  by  purchase,  gift,  grant  or  devise,  any 
estate,  real,  personal  or  mixed,  and  may  sell  and  dispose  there- 
of at  pleasure,  not  using  the  same  in  trade  or  commerce ;  may 
make  and  execute  any  by-laws  and  rules  for  the  government 
of  the  Corporation,  which  the  Trustees  may  think  expedient, 
not  repugnant  to  the  laws  of  this  Commonwealth,  and  may  ap- 
point such  officers,  and  invest  them  with  such  powers  as  they 
may  think  fit. 

Sect.  3.  Be  it  further  enacted^  That  the  end  and  design  of 
the  aforesaid  Corporation,  be  to  obtain  and  secure  a  fund,  the 
income  of  which  shall  be  appropriated  by  (he  said  Trustees, 
for  the  support  of  a  gospel  minister  of  the  Congregational  de- 
nomination of  christians  in  the  town  of  Concord. 

Sect.  4.  Be  it  further  enacted.  That  whenever  any  of  the 
Trustees  shall  have  died  or  resigned  their  office  as  such,  the 
vacancy  shall  be  supplied  by  the  vote  of  the  inhabitants  of 
said  town  qualified  to  vote  in  town  affairs,  at  any  town  meeting 
legally  called  for  that  purpose.     [Feb.  27,  1813.] 


1812. Chap.  147.  481 

Att  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  incoiporats  Tlie  Proprietors  (^/j^jr,,  147^ 
of  Cambridge  Fort  Manufactory."  1808  clu  96 

BE  it  enacted  by  the  Seriate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
all  persons,  who  arc  or  shall  hereafter  become  Proprietors  in 
the  Corporation,  styled  ^' The  Cambridge  Port  Manufactory," 
in  the  act  to  which  this  is  in  addition,  be,  and  hereby  are  au- 
thorized to  manufacture  printing  types,  and  those  articles 
usually  manufactured  in  chemical  laboratories.  [Feb.  27, 
1813.]  ^__ 

An  Act  in  further  addition  to  an  Act,  entitled  "An    Act   to  incorporate  JS'icliolas   Chap.  Ik 
Tliorndike  and  otliers,  into  a  company  by  tlie  name  of  the   Beverly  JNlarine  In-   j^^q  ^^^^  g^^ 
surance  Compan}'.'  )8]0  ch.  3. 

BE  it  enacted  by  the  Senate  and  House   of  Representatives,  in  1811  ch.  3. 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  FurthBrtime 
such  further  time,  not  exceeding  four  j'ears,  from  and  after  the  allowed  to  pay 
twenty-fourth  day  of  August  next,  be  allowed  to  the  stockhold-  i"staiments. 
ers  in   the  Beverly  Marine  Insurance  Company,  named   in   an 
Act,  entitled  "An  Act  to  incorporate  Nicholas  Thorndike  and  (Further  tima 
others,  into  a  company,  by  the  name  of  the  Beverly  Marine  In-  Jg2i  ^hl  se!) 
surance  Company,"  to  pay  in  the  residue,  being  the  last  moiety 
of  the  instalments,  and  amounting  in  all   to  fifty   dollars  on   a 
share,  in  the  capital  slock  of  the  said  company,  as  the  directors 
thereof  may  judge  proper  ;  and  that  the  said  residue  shall   be 
paid  in  at  such  times,  and  in  such  proportions  as   the   said   di- 
rectors shall  order  and   appoint,  within   the   period   aforesaid. 
Provided  however,  that  nothing  in  this  Act  shall  be  construed  to  Proviso, 
exonerate,  or  discharge  the  estates  of  the  said  stockholders  from 
being  liable,  in  the  manner  and  for  the  purposes  mentioned   in 
the  tenth  section  of  the  said  original  Act,  in  addition  to  which 
this  Act  is  made.     [June   8,    1813.]     Further   acts — 1816   ch. 
54  :   1821  ch.  36. 

An  Act  to  incorporate  the  Trustees  of  the  Ministerial  Fund,  in  the  town  of  Berk-   Chap.  3» 
ley.  ^ 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Samuel  Toby,  Levi  French,  Luther  Crane,  George  San-  Persons  incor* 
ford,  jun.  Samuel  French,  John  Dillingham,  Barzillai  Hatha- P^*^"^*^' 
way,  Christopher  Paull,  Barzillai  Crane,  and  Dean  Burt  be, 
and  they  hereby  are  constituted  and  made  a  body  politic  and 
corporate,  by  the  name  of  the  Trustees  of  the  Ministerial  Fund 
in  the  town  of  Berkley ;  and  they,  and  their  successors  shall, 
by  that  name,  continue  to  be  a  body  politic  and  corporate  for- 
ever, and  shall  have  power  to  make  and  use  a  common  seal, 
subject  to  be  altered  at  their  pleasure  ;  and  may  sue,  and  be 
sued  in  any  action,  real,  personal,  or  mixed,  and  prosecute  and 
defend  the  same  to  final  judgment  and  execution. 

Sect.  2.  Be  it  further  enacted.  That  the  said  trustees  shall  for-   . 
ever  hereafter,  in  the  month  of  August  annually,  and   at  such  ing  of  trustees, 
other  times  as  may  be  found  necessary  for   the  transaction   of 
their  business,  hold  a  meeting  in  the  said  tow^n  of  Berkley,  at 
such  time  and  place  as  a  major  part  of  said  trustees,  for  the 

TOt.  IV.  61 


tees, 


482  1813. Chap.  3. 

time  being,  by  an  advertisement  posted  up  in  some  public  place 
in  said  town,  seven  days  at  least  before  such  meeting,  shall  ap- 
point and  direct  5  and  shall  al  such  annual  meeting  elect  a  pre- 
sident to  preside  in  their  meetings,  a  clerk  to  record  the  votes 
and  proceedings  of  the  trustees  at  their  regular  meetings,  in  a 
book  or  books  to  be  kept  for  that  purpose,  and  who  shall  be 
sworn  to  the  faithful  discharge  of  his  trust ;  and  a  treasurer  to 
receive  and  apply  the  monies  as  hereinafter  directed.  And  the 
said  trustees  are  further  authorized  and  required,  at  any  meet- 
ing regularly  called  for  that  purpose,  in  the  manner  above  pre- 
scribed, to  supply  from  the  inhabitants  of  said  town,  any  va- 
cancies which  may  from  time  to  time  be  occasioned  by  the 
death,  resignation,  or  removal  of  any  of  the  said  trustees,  or 
either  of  their  officers  aforesaid. 

Sect.  3.  Be  it  further  enacted.  That  it  shall  be  the  duty  of 
t^"I^  '^"*"  the  said  trustees  and  their  successors,  to  receive  and  manage 
all  monies  now  raised  and  appropriated  as  a  fund  for  the  sup- 
port of  a  Congregational  minister  in  the  said  town  of  Berkley, 
and  also  to  receive,  manage  and  improve  all  such  estate,  real, 
personal  and  mixed,  as  may  hereafter  come  to  them,  in  their 
said  corporate  capacity,  for  the  purpose  aforesaid,  by  gift,  grant, 
devise  or  otherwise,  by  operation  of  law,  not  exceeding  in  the 
whole,  the  amount  or  value  of  eight  thousand  dollars,  in  such 
way  and  manner  as  in  their  judgment  will  best  obtain  and  se- 
cure the  end  of  their  incorporation  ;  and  they  are  also  hereby 
authorized  and  empowered  to  lease,  sell  or  convey  in  fee  sim- 
ple, or  otherwise,  all  or  any  part  of  the  estate  which  may  come 
to  them  in  their  said  corporate  capacity,  and  for  that  purpose 
to  make,  execute  and  acknowledge  any  good  and  sufficient  deed 
or  deeds  thereof,  which  deed  or  deeds,  when  signed  by  the 
president,  countersigned  by  the  clerk,  and  sealed  with  their 
common  seal,  shall  be  valid  in  law,  to  convey  such  estate  to 
the  purchaser,  according  to  the  conditions  and  meaning  of  such 
instrument. 
Money  to  be  Sect.  4.  Be  it  further  enacted,  That  all  money  coming  to  the  said 

loaned  on  in-  trustees,  in  their  said  corporate  capacity, shall  be  loaned  on  inter- 
est, and  secured  by  the  bond  or  note  of  the  borrower,  with  suf- 
ficient surety  or  sureties,  or  by  his  bond  or  note,  with  mort- 
gage on  real  estate  to  the  satisfaction  of  the  said  trustees,  or 
they  may  invest  all  or  any  part  of  said  money  in  public  fund- 
ed securities  or  bank  stock,  as  they  may  think  best :  and  when- 
ever the  annual  interest  or  income  of  the  said  ministerial  fund, 
whether  real  or  personal  estate,  shall  amount  to  the  sum  of  one 
hundred  and  twenty  dollars,  the  trustees  shall  make  a  state- 
ment thereof  to  the  said  town,  and  the  said  annual  interest  or 
income  may  then  be  applied  for,  and  toward  the  support  of 
such  Congregational  minister  as  then  shall  be.  or  from  time  to 
time  thereafter,  may  be  settled  by  the  church  and  congrega- 
tion in  said  town  to  preach  the  gospel  in  the  meeting  house,  or 
place  of  public  worship  near  the  centre  of  said  town  ;  or  the 
said  annual  interest  or  income  may  remain  for  a  longer  time  io 
the  hands  of  said  trustees  to  increase  the  principal  of  the  said 
fund,  as  the  inhabitants  of  the  said  town  at  a  legal  meeting  ta 


terest. 


1813. Chap.  3— 7.  483 

>be  called  for  that  purpose,  may,  by  a  major  vote,  determine 
and  direct. — Provided  that  the  principal  of  the  said  fund,  shall  Proviso, 
at  no  time  exceed  the  amount  or  value  of  eight  thousand  dol- 
lars. And  the  said  town  shall  not  h;ive  the  power  to  change 
the  apf)ropriation  of  the  said  fund  from  the  support  of  such 
Congregational  minister  as  aforesaid,  or  to  alienate,  alter  or  di- 
minish the  principal  thereof,  if,  by  such  alienation,  alteration, 
or  diminution,  the  said  principal  shall  be  reduced  to  a  less  sum 
or  value  than  eight  thousand  dollars. 

Sect.  5.   Be  it  further  enacted,  That  the  said  treasurer  before  Treasurer  to 
entering  on  the  duties  of  his  said  office,  shall  give   to  the   said  g«ve  bonds, 
trustees  and  their  successors    his   bond,  with  sureties  to  the  sa- 
tisfaction of  the  said  trustees  for  the  faithful   discharge   of  the 
duties  of  his  said  office  ;  and  the  said  treasurer  shall  be  the  re-  His  power  and 
ceiver  of  all  monies  and  effects  due,  owing,   or  coming   to   the  '^"'■^' 
said  trustees,  and  shall  have  the  care  and   custody  of  all   mo- 
nies, effiects,  obligations,  securities,  and  evidences  of  property, 
belonging  to  the  said  trustees,  to  be  accountable  therefor;  and 
shall  render  a  fair  and  regular  account  of  all  his  doings,  and  of 
the  property  and  effects  in  his  hands,  whenever  thereto  requir- 
ed by  the  said  trustees,  and  shall  dispose  of  (he  same  as  they 
shall  order  and  direct,  and  shall  deliver  over  fo   his   successor 
in    the   same   office   as  soon  as  may  be,  all  the  books,  papers, 
property,  and  evidences  of  properly  in  his  hands,  in  good  order 
and  condition. 

Sect.  6.  Be  it  further  enacted^  That  the  said  trustees  and  their  Trustees  ac- 
successors,  shall  be  accountable  to  the  said  town  of  Berkley  for  countable, 
the  said  ministerial  fund,  and  for  their  management  thereof; 
and  shall  be  liable  to  the  said  town,  in  their  own  private  pro- 
perty and  persons  respectively,  for  any  embezzlement,  negli- 
gence or  misconduct,  in  their  said  capacities  as  trustees;  and 
the  said  town  of  Berkley  may  commence  and  prosecute,  to  final 
jud2;ment  and  execution,  an  action  of  trespass  on  the  case 
against  the  said  trustees,  or  any  of  them,  or  their  successors, 
for  any  such  embezzlement,  negligence  or  misconduct ;  atid  all 
damages  recovered  in  such  action,  shall  be  applied  to  increase 
the  said  ministerial  fund  ;  and  whenever  Judgement  shall  be  ren- 
dered against  any  one,  or  more  of  the  said  trustees  in  such  ac- 
tion, such  trustee  or  trustees  shall  be  held  and  considered  there- 
by, to  be  removed  from  his  or  their  said  trust,  and  the  vacan- 
cy or  vacancies  thus  made,  shall  be  supplied  in  manner  as  is 
herein  before  provided.     [.June  9,  1813.] 

An  Act  to  incorpovatp  the  prop  ietors  of  Meadow  Lands,  in  the  town  of  Deerfield.    Chap,  7, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  from  and  after  passing  this  Act,  David  Hoit,  Seth  Persons  incoi- 
Nims,  David  Sheldon,  Seth  Sheldon,  Solomon  Williams,  John  porated. 
Bardwell,  Joseph  Cleason,  Dennis  Stebbins,  Zadock  Hawks, 
Quartus  Wells,  Asa  Stebbins,  Joseph  Stebbins,  and  Thomas 
Wells  Dickinson,  together  with  such  others  as  may  hereafter 
become  proprietors  be,  and  they  hereby  are  incorporated  into 
a  body  politic,  by  the  name  of  the  Proprietors  of  Plain  Swamp 


484  iai3. Chap.  7—8. 

Brook  Meadows,  and  by  that  name  may  sue  and  be  sued,  and 
do  and  suffer  all  matters,  acts  or  things,  which  bodies  politic 
may  or  ought  to  do  and  suffer. 
Tn^fi.o  f„  -cc ,«       Sect.  2.  Be  it  further  enacted.  That  any  Justice  of  the  Peace 

viusiite  ro  issue     .        ,  i-'r-i  i  i-      i  i    i        i  i        •  i  i 

tv^riant.  m  the  county  ol  f  rankhn  he,  and  he  hereby  is  empowered  and 

directed,  upon  application  in  writing  from  three  or  more  of 
said  proprietors,  to  issue  his  warrant  to  one  of  the  proprietors 
aforesaid,  requiring  him  to  notify  and  warn  a  meeting  of  said 
proprietors,  at  such  time  and  place  as  he  shall  think  most  con- 
venient for  the  purposes  to  be  expressed  in  said  warrant,  by 
posting  up  a  copy  of  said  warrant,  with  the  notification  thereon, 
at  the  house  of  public  worship  in  the  town-street  in  said  town, 
seven  days  at  least  before  the  time  of  holding  said  meeting ;, 
Proprietors  to  and  the  said  proprietors,  when  legally  assembled  as  aforesaid, 
choose  officers,  gj^^jj  j^^^yg  power  to  choose  a  clerk,  assessors,  collector,  and 
treasurer,  who  shall  be  sworn  to  the  faithful  discharge  of  the 
trust  reposed  in  them,  and  continue  to  serve  until  others  are 
chosen  and  sworn  in  their  places,  which  may  be  annually  ; 
which  officers  chosen  and  sworn  as  aforesaid,  shall  have  the 
same  power  to  perform,  execute,  and  carry  any  vote  or  order 
of  said  corporation  into  full  effect,  as  town  officers  of  like  de- 
scription have  by  law  to  do  and  perform  ;  and  said  corporation 
shall,  at  their  first  meeting,  agree  and  determine  upon  the  me- 
thod for  calling  future  meetings  ;  and  said  corporation  shall,  at 
iiiay'ratsr"  their  first  meeting,  or  any  other  meeting  legally  called  for  that 
moneys  purpose,  have  power  to  vote  and  raise  monies  for  the  purpose 

of  draining  off  the  stagnant  water  from  said  meadow,  from  time 
to  time,  as  shall  be  found  necessary  for  the  better  improvement 
of  said  lands,  and  for  paying  all  other  expenses,  that  shall  be 
found  necessary  for  carrying  the  votes  and  orders  of  said  cor- 
poration into  effect ;  and  all  monies  raised  as  aforesaid,  shall 
be  assessed  upon  each  proprietor  in  the  meadows  aforesaid,  in 
proportion  to  the  number  of  acres,  or  the  value  thereof,  he  or 
Penalty  for  ne-  she  owns  ;  and  if  any  proprietor  shall  refuse  or  neglect  to  pay 
giecting  to  pay  (hg  g^^  or  sums  asscssed  upon  him  or  her,  as  aforesaid,  after 
thirty  days  notice,  so  much  of  his  or  her  meadow  land  shall  be 
sold  at  public  vendue  by  the  collector,  as  will  be  sufficient  to 
pay  the  same,  with  legal  costs,  after  posting  up  notice  of  the 
time  and  place  of  said  sale,  at  three  or  more  public  places  in 
said  town,  thirty  days  at  least  before  the  time  of  said  sale, 
[June  10,  1813.] 

€Jhap,  8.  An  Act  in  addition  to  an  Act,  entitled  "  An  Act  in    addition   to   an   Act,  entitled 

1809  ch.  i4.  An  Act  to  incorporate  Isaac  Story  and  others,  by  the  name  of  the  Marblehead 

1810  ch.  iQ.  ^ijci.il  Insurance  Connpan}'." 

1811  ch^  2.  BE  it  enacted  by  the  Senate  and  House   of  Representatives,  in 

General  Court  assembled,  and  by  the  authority  of  the  same,  That  the 

Further  time      further  time  of  four  years,  from  and  after  the  seventeenth   day 

allowed  to  pay  of  July  ncxt,  bc  allowed  to  the  stockholders  of  the  Marblehead 

°  ^*      Social  Insurance  Company,  to  pay  in  the  residue  of  the  capital 

stock  of  said  company,  amounting  to  fifty  dollars  on  each  share, 

and  l^eing  the  last  moiety  of  their  instalments  of  the  sum  of  one 

hundred  thousand  dollars,  the  capital  stock  of  said  company: 

and  that  the  said  residue  shall  be  paid  in  such  proportions,  and 


1813. Chap.  8—12.  48S 

at  such  periods  within  the  time  mentioned,  as  the  directors  of  (Extended 
said  company  for  tlie  time  being,  shall  order  and  appoint,  any  1319  ch!  9.) 
thing  in  the  Act  to  which  this  Act  is  in  addition,  or  in  the  Act 
of  incorporation  of  said  company,  to  the  contrary  notwithstand- 
ing ;  and  that  so  much  of  the  ninth  section  of  the  Act  aforesaid, 
entitled  "  An  Act  establishing  a  corporation,  by  the  name  of 
the  Marblehead  Social  Insurance  Company,"  passed  the  sev- 
enteenth day  of  June,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  nine,  as  restricts  the  le^al  transfer  or  assign- 
ment, of  any  share  or  shares  of  the  stock  in  said  company,  be, 
and  the  same  is  hereby  repealed. — Provided  however,  that  no-  Proviso, 
thing  in  this  Act  shall  be  construed  to  exonerate,  or  discharge 
the  estates  of  the  stockholders  of  said  company  from  being  lia- 
ble, in  the  manner  and  for  the  purposes  mentioned  in  said  Act, 
to  which  this  is  in  addition.  [June  10,  1813.]  Further  acts — 
1817  ch.  24:   1819  ch.  9. 

An  Act  to  establish  The  Union  Manufacturing  Company.  Chup.  10. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,   and   by   the  authority   of  the 
same.  That  Oliver  Clap,  Warren  Clap,  Benjamin  Billings,  Da-  Persons  incor- 
niel  Ellis,  Daniel  Payson,  Edward  G.  Cundall,  and  Oliver  El-  porated. 
dridge,  together  wit.h   such  others   as  may  hereafter  join  and 
associate  with  them,  their  successors  and  assigns  be,  and  they 
hereby   are   made  a  corporation,  by  the  name  of  The  Union 
Manufacturing  Company,    for  the  purpose  of  manufacturing 
Cotton  and  Woollen  Cloth,  and  Yarn,  in  the  town  of  Walpole, 
in  the  county  of  Norfolk ;  and  for  that  purpose,  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  duties  and 
requirements,  contained  in  "  An  Act  defining  the  general  powers  (1808  ch.65.) 
and  duties  of  Manufacturing  Corporations,"  passed  the  third 
day  of  March,  one  thousand  eight  hundred  and  nine. 

Sect.  2.     Be  it  further  enacted.    That  the   said  corporation  May  hold  real 
may  lawfully  hold  and  possess  such  real  estate,  not  exceeding  and  personal 
the  value  of  twenty-five  thousand  dollars,  and  personal  estate 
not  exceeding  the  value  of  fifty  thousand  dollars,  as  may  be 
convenient  and   necessary  for  carrying  on   the  manufacture 
aforesaid.     [June  10,  1813.] 

An  Act  to  incorporate  the  North  Parish,  in  the  Town  of  Sutton,  into  a  separate   Chap,  12. 
Town,  by  the  name  of  Millbury. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  all  the  lands  comprised  within  the  North  Parish,  in  Town  incorpo- 
the  town  of  Sutton,  in  the  county  of  Worcester,  as  the  same  is  |!,ou^nda^de^s 
now  bounded,  together  with  the  farm  on  which  Joshua  Chase 
now  lives  in  said  town,  with  all  the  inhabitants  dwelling  there- 
on be,  and  they  hereby  are  incorporated  into  a  town,  by  the 
name  of  Millbury,  and  vested  with  all  the  powers,  privileges, 
and  immunities,  and  subject  to  all  the  duties  and  requirements 
of  other  incorporate  towns,  agreeably  to  the  constitution  and 
laws  of  this  Commonwealth. 

Sect.  2.     Be  it  further  enacted^  That  the  inhabitants  of  the  Hoidentopay 
said  town  of  Millbury,  shall  be  holden  to  pay  aU  the  arrears  ^^^^j"  °^ 


486 


1815. 


Chap.  12—13. 


Entitled  to 
proportion  of 
real  and  per- 
sonal property, 


Justice  autho- 
rized to  issue 
^arrant. 


Chap.  13. 


Persons  incor- 
porated. 


»f  taxes  which  have  been  assessed  upon  ihem  by  the  town  of 
Sutton;  and  shall  also  support  and  maintain  all  such  persons, 
as  heretofore  have  been,  now  are,  or  hereafter  may  be  inhabi- 
tants of  that  part  of  Sutton,  hereby  incorporated,  and  are,  or 
may  become  chargeable,  according  to  the  laws  of  this  Com- 
monwealth, and  who  have  not  obtained  a  settlement  elsewhere 
therein. 

Sect.  3.  Be  it  further  enacted.  That  the  inhabitants  of  the 
said  town  of  Millbury,  shall  be  entitled  to  receive  and  hold 
such  proportion  of  all  debts  now  due,  and  assessments  already 
voted  to  the  said  town  of  Sutton,  and  also  such  proportion  of 
all  the  real  and  personal  property  of  the  town  of  Sutton,  of 
what  kind  soever  it  may  be,  now  owned  in  common  by  the  in- 
habitants of  said  town,  as  the  property  of  the  inhabitants  of 
Millbury  bears  to  the  property  of  all  the  inhabitants  of  the  said 
town  of  Sutton,  according  to  the  last  valuation  thereof;  and 
they  shall  also  be  holden  to  pa}'  their  proportion,  (to  be  ascer- 
tained as  aforesaid,)  of  all  the  debts  now  due,  and  owing  from 
the  said  town  of  Sutton;  and  the  inhabitants  of  said  Millbury, 
or  any  religious  society  therein,  shall  furthermore  be  entitled 
to  receive  and  hold  such  proportion  as  they  are  now  entitled 
to.  if  any,  of  the  ministerial  money  raised  by  the  sale  of  minis- 
terial lands  in  said  Sutton,  which  money  is  now  in  the  hands 
of  the  first  Congregational  Society  in  said  town. 

Sect.  4.  Be  it  further  enacted.  That  in  case  the  dividing 
line  between  the  said  town  of  Millbury  and  the  said  town  of 
Sutton,  should  happen  to  divide  the  farms  of  any  of  the  inha- 
bitants of  either  said  towns,  the  said  inhabitants  shall  be  taxed 
for  the  whole  of  their  home  farm  in  that  town  only,  where 
they  may  respectively  dwell. 

Sect.  5.  Be  it  further  enacted,  That  any  justice  of  the  peace, 
for  the  county  of  Worcester,  upon  application  therefor,  is  here- 
by authorized  to  issue  his  warrant,  directed  to  any  freeholder 
in  the  said  town  of  Millbury,  requiring  him  to  notify  and  warn 
the  inhabitants  thereof,  to  meet  at  such  time  and  place,  as  may 
be  appointed  in  said  warrant,  for  the  choice  of  all  such  town 
olficers,  as  towns  are  by  law  required  to  choose  at  their  annual 
town  meetings.     [June  11,  1813.] 

An  Act  to  incorporate  Tl)e  Palmer's  Riv  r  Manufacturing  Ccmpan}'. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  tht 
same,  That  Paul  Nelson,  Asa  Bullock,  Gideon  Peck,  James 
Nichols,  and  Benjamin  Norris,  and  others  who  have  already 
associated,  together  with  such  other  persons  as  may  hereafter 
associate  with  them,  their  successors  and  assigns,  be,  and  they 
are  hereby  made  a  corporation,  by  the  name  of  The  Palmer's 
River  Manufacturing  Company,  for  the  purpose  of  manufactur- 
ing Cotton  and  Woollen  Goods  at  Rehoboth,  in  the  county  of 
Bristol ;  and  for  this  purpose,  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  and  requirements 
contained  in  an  Act  passed  the  third  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  nine,  entit- 


1813. Chap.  13— 16.  487 

led,  "  An  Act,  defining  the  general  powers  and  duties  of  Manu-  (1808  ch.  65.) 
facturing  Corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  may  May  hold  real 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value  and  personal 
of  fifty  thousand  dollars,  and  such  personal  estate,  not  exceed- 
ing the  value  of  one  hundred  and  fifty  thousand  dollars,  as 
may  be  necessary  and  convenient  for  establishing  and  carry- 
ing on  the  manufactures  aforesaid,  in  the  town  of  Rehoboth. 
[June  11,  1813.] 

An  Act  in  addition  to  an  Act,  entitled,  "An  Act  to  incorporate  sundry  persons,  Q}\(m,   14. 
by  tile  name  of  The   President,   Directors  and  Company  of  the  Northampton  ngnz  ch   95.") 
Bank."  ^  *       ' 

BE  it  enacted  by   the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  Act,  entitled,    "An  Act   to    incorporate    sundry    persons,  (isosch.  12.) 
by  the  name  of  The   President,   Directors  and  Company  of  ^^.^  ^^ j^^^^jj.. 
the  Northampton  Bank,"   and  also  an  Act  in  addition  thereto,  poration  con- 
passed   the  eighteenth  day  of  June,  in   the  year  of  our  Lord  ^'^ued. 
one  thousand   eight   hundred  and    three,   shall    continue  and 
remain   in   force  for  and  during  the  term  of  five  years,  from 
and  after  the  first  Monday  of  October  next,  so  far  as  to  make 
the  said   President,   Directors  and  Company  capable  in   law, 
during  the  term  aforesaid,   to  sue  and   be   sued,  plead  and  be 
impleaded,  defend  and  be  defended,  in  any  Courts  of  Record, 
or   any  other  place   whatsoever;    and   they   shall   also   have 
power  to  sue  out,  and  cause  to  be  executed,  final  process  in  any 
suit  in  which  they  may  be  a  party,  or  may  be  interested  ;  and 
to  make,  execute  and  deliver  proper  and   legal  conveyances, 
or  releases  of  any  real  estate  of  which  they  may  be  seized  and 
possessed,  any  thing  in  either  of  the  Acts  aforesaid  to  the  con- 
trary notwithstanding.     [June  l\,   1813.] 

An  Act  to  incorporate  The  Medford  Wire  Factory  Company.  Chat)     16 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Isaac  P.  Davis,  John  L.  Sullivan,  Richard  Sullivan,  and  Persons  incor- 
George  Sullivan,  with  such  other  persons  as  may  hereafter  be  porated. 
associated  with  them,  their  successors  and  assigns,  be,  and  they 
hereby  are  made  a  corporation  and  body  politic,  by  the  name 
of  The  Medford  Wire  Factory  Company,  for  the  purpose  of  [Name  ^^ang- 
manufacturing  Wire  in  the  town  of  Med  lord  ;  and  for  that  pur-  ish  ch.  7.1 
pose  shall  have  all  the  powers  and   privileges,  and  be  subject 
to  all  the  duties  and  requirements  contained   in  an  Act  passed 
March  the  third,  one  thousand  eight  hundred  and  nine,  entitled, 
"An  Act,  defining  the  general  powers  and  duties  of  Manufac-  (isosch.GS.) 
turing  Corporations." 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may  May  hold  real 
be  lawfully  seized  and  possessed  of  such  real  estate,  not  ex-  ^""^  personal 
eeeding  the  value  of  twenty  thousand  dollars,  and  such  perso-  ®*'*^^" 
nal  estate  not  exceeding  the  value  of  forty  thousand  dollars,  as 
may  be  necessary  and  convenient  for  carrying  on  the  manu- 
facture aforesaid.     [June  11,  1813.]     Add.  act — 1814  ch.  7. 


488 


1813. 


Chap.   18—21. 


Chap.  18. 


Persons  incor- 
porated. 


(1808  ch.  65.) 

May  hold  real 
and  personal 
estate. 


An  Act  to  incorporate  The  Central  Manufacturing  Company, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represent 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  William  Carr,  James  Ellis,  Joseph  Smith,  jun.  and 
others,  who  have  already  associated,  together  with  such  other 
persons  as  may  hereafter  associate  with  them,  their  successors 
and  assigns,  he,  and  they  hereby  are  made  a  corporation,  by 
the  name  of  The  Central  Manufacturing  Company,  for  the 
purpose  of  manufacturing  Cotton  and  Woollen  Goods  at  Seek- 
onk,  in  the  county  of  Bristol ;  and  for  this  purpose  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the  duties 
and  requirements  contained  in  an  Act  passed  the  third  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  nine,  entitled,  "  An  Act,  defining  the  general  powers  and 
duties  of  Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  may 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value 
of  one  hundred  thousand  dollars,  and  such  personal  estate,  not 
exceeding  the  value  of  three  hundred  thousand  dollars,  as  may 
be  necessary  and  convenient  for  establishing  and  ca.  '■^'^  on 
the  manufactures  aforesaid  in  the  town  of  Seekonk.  [ju/..  ^1, 
1813.] 

An  Act  to  incorporate  a  Manufacturing  Company  in  the  Town  of  Middleborough, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Abiel  Washburn,  George  Leonard,  Levi  Pierce, 
Peter  H.  Pierce,  William  Bourne,  Joseph  Bourne,  John  Borden, 
jun.  John  Tinkham,  Ephraim  Leonard,  Edward  Sparrow,  jun. 
Wilkes  Wood,  James  Sprout,  and  Abraham  Wilson,  Avith  such 
others  as  may  hereafter  be  associated  with  them,  their  succes- 
sors and  assigns,  be,  and  hereby  are  made  a  corporation,  by 
the  name  of  The  New-Market  Manufacturing  Company,  for 
the  purpose  of  manufacturing  Iron,  and  also  Cotton  and  Wool- 
len Cloth,  and  Yarn,  in  the  town  of  Middleborough,  in  the 
county  of  Plymouth;  and  for  that  purpose,  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements contained  in  an  Act,  passed  the  third  day  of  March, 
one  thousand  eight  hundred  and  nine,  entitled,  "  An  Act  defin- 
ing the  general  powers  and  duties  of  Manufacturing  Corpora- 
tions." 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation 
may  be  lawfully  seized  of  such  real  estate,  not  exceeding  the 
value  of  fifty  thousand  dollars,  and  possessed  of  such  personal 
estate,  not  exceeding  the  value  of  one  hundred  and  fifty  thou- 
sand dollars,  as  may  be  necessary  and  convenient  for  carrying 
on  the  manufactures  aforesaid.     [Jwwe  11,  1813.] 

ChaV*  21.  '^^  ^^"^  ^'^  incorporate  The  Holiiston  Cotton  and  Woollen  Manufactory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Elihu  Cutler,  James  Wight,  Oliver  Leland,  Timo- 


Chap.  20. 


Persons  incor- 
porated. 


(1808  ch.  65.) 


May  hold  real 
and  personal 
estate. 


1813. Chap.  21—26.  489 

thy  Fisk,  Aner  Fish,  James  Cutler,  and  Nathan  Fairbanks,  to-  Persons  incor- 
gather  with  such  other  persons  as  already  have,  or  may  here-  ^°^^^^  • 
after  associate  with  them,  their  successors  and  assigns,  be,  and 
they  hereby  are  made  a  corporation,  by  the  name  of  The  Hol- 
liston  Cotton  and  Woollen  Manufactory,  for  the  purpose  of  ma- 
nul'acturing  Cotton   and  Wool,  at   Holliston,  in  the  county  of 
Middlesex  ;  and   for  this   purpose,  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties  and  requirements 
contained  in  an  Act,  passed   the  third  day  of  March,   in   the 
year  of  our  Lord  one  thousand  eight  hundred  and  nine,  entit- 
led, "An  Act  defining  the  general  powers  and  duties  of  Manu-  (1808  ch.  65.) 
factoring  Corporations." 

Sect.  2.  Be  it  furlher  enacted.  That  said  corporation  may  May  hold  real 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value  and  personal 
of  fifty  thousand  dollars,  and  such  personal  estate,  not  exceed- 
ing the  value  of  one  hundred  thousand  dollars,  as  may  be  ne- 
cessary and  convenient  for  establishing  and  carrying  on  the 
manufacture  of  Cotton  and  Wool,  at  Holliston  aforesaid.  [June 
11,  1813.1,.,-.  ,, 

An  Act  to"s»\  ott'Silas  Atkins,  jun.  and  others  from  the  Town  of  Truro,  and  an-    ChcW,  25. 
ne.x  them  to  the  Town  of  Provincetown. 

Sect.   1 .    BE  it  enacted  by  the  Senate  and  House  of  Represeu' 
tatives,  m  General  Court  assembled,  and  by  the  authority  of  the 
same,    That   Silas  Atkins,  jun.   Henry   Dyer,  Joshua  Atkins  Persons  set  off 
Mayo,  Charles  Parker,    Isaiah  Atkins,  Samuel  W.  Atkins,  Na-  from  the  town 
thaniel  Atkins,  Conrad  Disher,  John  Stone,  and  Job  Dyer  Hill,  Tr^ro. 
with  their  families  and  estates,   together  with  all  other  persons 
living  on  the  first  and  second  lots  in  Truro,  adjoining  said  Pro- 
vincetown, shall  be,  and  they  hereby  are  set  off  from  said  town 
of  Truro,  and  annexed  to  said  town  of  Provincetown,  and  shall 
forever  hereafter  be  subject  to  all  the  duties,  acid  entitled  to  all 
the  privileges  of  citizens   and    inhabitants  of   Provincetown. 
Provided  however,  That  said  persons  so  set  off,  shall  be  liable  proviso, 
to  pay  all  taxes   that  have  been   legally  assessed  on   them  by 
said  town  of  Truro,  in  the  same  manner  as  if  this  Act  had  not 
passed.     And  provided  further.  That   until  a  new  valuation  of 
polls  and  estates  shall    be  taken  and   made,   the  said  town  of 
Provincetown  shall  be  liable  to  pay  over  to  the  town  of  Truro, 
all  such  sums  of  money  as  shall  be  levied  and  collected  from 
the  persons  set  off  as  aforesaid,  as  their  proportion  of  the  state 
and  county  taxes. 

Sect.  2.  Be  it  further  enacted.  That  the  dividing  line  between  Boundaries, 
the  town  of  Truro  and  the  town  of  Provincetown,  shall  in  future 
be  the  line  between  the  second  and  third  lots  of  said  town  of 
Truro  as  they  have  been  heretofore  known,  and  as  the  said 
line  now  runs  across  the  Cape  from  the  waters  of  the  harbour, 
upon  the  south,  inside,  to  the  sea,  upon  the  north  or  back  side. 
[June  12,  1813.] 

An  Act  extending  the  time   for  paying  the  instalments  of  the  capital   stock  of  Cyhaj),  '26t 
The  Mechanicks'  Bank  in  Newburyport.  11J12    h   46 

BE  it  enacted  by  the  Senate  and  House   of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
VOL.  IV.  62 


490  1813. Chap.  26— 36. 

Further  time  the  first  instalment  of  the  said  capital  stock  shall  be  paid  on  or 
allowed  to  pay  before  the  first  day  of  July  next,  the  second  on  or  before  the 
first  day  of  October  next,  the  third  on  or  before  the  first  day 
of  January  next,  and  the  fourth  on  or  before  the  first  day  of 
April  next;  and  such  payments  shall,  in  all  respects,  be  as 
valid,  as  if  they  had  been  made  agreeably  to  the  second  sec- 
tion of  the  Act  of  their  incorporation,  any  thing  in  the  said  Act 
to  the  contrary  notwithstanding.  [June  12,  1813.]  Further 
act— 1816  ch.  97. 

Chav    28  -^^  ■'^^^  ^'^  establish  part  of  the  Line  between  the  Towns  of  Duxboiough  and  Marsh- 

■^'        '  field,  in  the  county  of  Plymouth. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assejnbled,  and  by  the  authority  of  the  smne,  That  that 
fs'tabfiSd?"^  part  of  the  dividing  line  between  the  northeast  corner  of  Dux- 
borough  and  the  southeast  corner  of  Marshfield,  namely,  be- 
ginning at  a  heap  of  stones  on  the  top  of  Duck  Hill,  and  run- 
ning north,  sixty-six  and  an  half  degrees  east,  to  the  sea  shore, 
shall,  from  and  after  the  passing  of  this  Act,  be  the  boundary 
line  between  the  two  towns,  any  law,  usage,  or  custom  to  the 
contrary,  notwithstanding.     [June  14,  1813.] 

Chap>  35.        An  Act  in  addition  to  an  Act,  entitled,  "An  Act  for  incorporating  certain  persons 
1804  ch.  27  therein  named,  for  the  purpose  of  supporting  a  Bridge  over  Chicapee  River,  at  a 

fV.  3.  p.  464.")       place  called  VVallomonumps. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 

ca"ii  a°mTetin°g.  That  the  inhabitants  of  the  town  of  Ludlow,  in  the  county 
of  Hampden,  be,  and  ihey  are  hereby  authorized  to  call  a 
meeting  of  The  Proprietors  of  Walloraonumps  Bridge,  by  giv- 
ing notice  of  the  time  and  place  appointed  for  meeting,  under 
the  hand  of  the  town  clerk  of  said  town,  or  any  person  or  per- 
sons by  said  town  for  that  purpose  appointed,  in  a  newspaper 
printed  in  Springfield  ;  said  meeting  to  be  holden  not  less  than 
seven  days  after  such  notice  shall  be  published  ;  and  said  pro- 
prietors may,  at  such  meeting,  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  performance  of  his  duty,  and  all  other  ne- 
cessary officers,  and  make  such  by-laws  and  regulations  as 
they  may  judge  proper,  not  repugnant  to  the  laws  and  consti- 
tution of  this  Commonwealth. 

r>        J-       .         Sect.  2.     Be  it  further  enacted.  That  the   doinsrs  and  pro- 

Proceedings  to  r        ■  ^  •  i  •  iii  r 

be  valid.  ccedings  of  said  corporation  at  such  meeting,  shall,  so  lar  as 

respects  their  future  transactions  only,  be,  to  all  intents  and 
purposes  valid,  as  if,  pursuant  to  the  said  Act  to  which  this  is 
in  addition,  a  clerk  and  other  officers  had  been  duly  chosen 
and  sworn  by  said  corporation,  and  they  had  then  agreed  upon 
a  mode  of  calling  future  meetings.     [June  14,  1813.] 

Char)    36  An  Act  in  further  addition  to  an  Act,  entitled,  "  An  Act   to  incorporate  sundry 

,or,-   u  oi  'nn  persons  into  a  company,  by  the  name  of  The  Proprietors  of  the  Exchange-CofFee- 

18U/ch.  ^1.78.  House" 

1809  ch.  66.  nouse. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 

General  Court  assembled,  and  by  the  authority  of  the  same.  That 

S.^""^*^^"^   the  Proprietors  of  the  Exchange  Coffee-House,  in   Boston,  in 

their  corporate  capacity  shall  be,  and  are  hereby  declared  ca- 


1813. Chap.  36—38.  491 

pable  to  purchnse,  have,  hold,  and  possess  all  parts  and  any 
part  of  the  lands  and  tenements,  lying,  and  being  on  the  south- 
westerly side  of  said  Exchange  CofFee-FIouse,  and  extending 
as  far  from  the  present  southwesterly  boundary  of  said  pro- 
prietors' land,  as  the  boundary  line  of  the  Quaker  meeting- 
house and  burj^ing-ground,  so  called  ;  and  the  same,  or  any 
part  thereof,  to  grant,  sell,  alien,  lease,  exchange,  manage  and 
improve  in  such  mode  as  they  are,  or  may  be,  by  law,  autho- 
rized to  do  with  respect  to  the  land  and  property  described  in 
the  original  Act,  to  which  this  is  in  further  addition.  [June 
14,  1813.] 

An  Act  to  incorporate  the  Bridgewater  Manufacturing  Company.  Chcipt  37. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled.,  and  by  the  authority  of  the  same, 
That  Abel  Kingman,  Thomas  Thompson,  Isaiah  Packard,  Pe-  Persons  incor- 
rez  Crocker,  Micah  Shaw,  Ichabod  Howard,  and  Samuel  Bat-  po»'^ted. 
ties,  together  with  such  others  as  have,  or  m^y  hereafter  asso- 
ciate with  them,  their  successors  or  assigns,  be,  and   they   are 
hereby   made   a  corporation,  by  the  name  of  the  Bridgewater 
Manufacturing  Company,  for  the  purpose  of  manufacturing  cot- 
ton and  woollen  cloth,  and  yarn,  in  the  town   of  Bridgewater, 
in  the  county  of  Plymouth  ;  and  for  the  purpose  aforesaid,  shall 
have  all  the  powers  and  privileges,  and  be  subject  to  all  the 
duties  and  requirements  contained  in   an  Act,  passed  the   third 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  nine,  entitled  "  An  Act  defining  the   general   powers  0^^^  ch.65.) 
and  duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  maybe  May  hold  real 
lawfully   seized   and  possessed  of  such  real  estate,  not  exceed-  estate^*^^""^ 
ing  the  value  of  fifty  thousand  dollars,  and  such  personal  estate, 
not  exceeding  one  hundred  thousand  dollars,  as  may  be  neces- 
sary and  convenient  for  carrying  on  the  manufacture  aforesaid. 
[June  14,  1813.] 

An  Act  to  incorporate  the  Franklin  Manufacturing  Company.  C/lCp.  38. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  asse7nbled,  and  by  the  authority  of  the  same, 
That  Joseph  Allen,  Nathaniel  Miller,  Eli  Richardson,  Bethuel  Persons  incor- 
Boyd,  Harlous  Whiting,  Levi  Fisher,  Asa  Thayer,  Davis  Thay-  P°rated, 
er,  John  French,  and  Otis  Everett,  together  with  such  other 
persons  as  already  have,  or  hereafter  may  associate  Avith  them, 
their  successors  and  assigns,  be,  and  they  are  hereby  made  a 
corporation,  by  the  name  of  the  Franklin  Manufacturing  Com- 
pany, for  the  pui'pose  of  manufacturing  cotton  and  woollen 
cloth,  and  yarn,  in  the  town  of  Franklin,  in  the  county  of  Nor- 
folk ;  and  for  this  purpose,  shall  have  all  the  powers  and  pri- 
vileges, and  be  subject  to  all  the  duties  and  requirements  con- 
tained in  an  Act,  entitled  "  An  Act  defining  the  general  powers  (isos  ch.  65.) 
and  duties  of  manufacturing  corporations,"  passed  the  third  day 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  nine. 

Sect.  2.  Be  itfurlher  enacted,  That  said  corporation  may  be  f^J  e?sonar' 
lawfully  seized  and  possessed  of  such  real  estate,  not  exceed-  estate. 


492  181 3. Chap.  38—43. 

ing  fifty  thousand  dollars,  and  such  personal  estate,  not  exceed- 
ing two  hundred  thousand  dollars,  as  may  be  necessary  and 
convenient  for  establishing  and  carrying  on  the  manufacture 
aforesaid.     [June  14,  1813.] 

Lhap.  40.  An  Act  to  set  off  Isaac  Alden  the  second,  and  others,  fiom  the  Union  Calvinisiic 
Society  in  Ahington,  and  annex  them  and  their  estates  to  the  East  Parish  in 
Bridgewater. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives^  in  Gen- 
eral Court   assembled^   and   by   the   authority  of  the  same,  That 

Persons  set  ofif.  Isaac  Alden  the  second,  Hiram  Washburn,  Ezra  Alden,  Isaac 
Allen,  Christopher  Sever,  and  Sampson  Washburn,  all  of  Bridge- 
water,  in  the  county  of  Plymouth,  with  their  families  and  es- 
tates, be,  and  they  hereby  are  set  off  from  the  Union  Calvinis- 
tic  Society,  in  the  town  of  Abingion,  in  said  county,  and  an- 
nexed to  the  east  parish  of  Bridgewater  aforesaid  ;  and  shall 
hereafter  be  liable  to  all  the  duties,  and  entitled  to  all  the  pri- 
vileges in  said  parish  they  would  have  been,  had  they  never 
belonged  to  the  said  Union  Calvinistic  Society.     Provided  nev- 

Proviso.  ertheless,  that  they  be  held  to  pay  all  legal  taxes  and   arreara- 

ges of  taxes,  already  assessed  upon  them  by  said  society. 
[June  14,  1813.] 

Chap.  41.        An  Act  in  addition  to  the  several  Acts,  establishing  and  regulating  the  Firet  Mas- 
1796  ch.  5.  31.        sachusetts  Turnpike  Corporation. 

99.)  '  ^'  ■  .  Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
J797  ch.  66.  tives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
rids'ch.' S.^''^  "^^^^  ^^^  ^^^^  Massachusetts  turnpike  corporation  be  authoriz- 
(V.  2.  p.  265.)  ed  to  purchase  and  hold  such  real  estate,  adjoining  to  their 
S\ow"^''^'^  turnpike  roads,  as  may  be  convenient  and  necessary  for  the  ac- 
ute. °  ^^'  commodation  of  their  toll  gatherers,  and  may  from  time  to  time 
sell  or  exchange  the  same  when  in  their  judgment  it  shall  be 
necessary. 
Rates  of  toll.  S^^"^*  ^'  ^^  it  further  enacted,  That  the  said  corporation   be, 

and  they  hereby  are  authorized  to  demand  and  receive  of  each 
passenger,  at  the  most  eastern  gale  erected  on  said  roads,  for 
every  cart,  waggon,  or  truck,  drawn  by  one  horse,  six  cents 
and  one  quarter  of  a  cent,  and  for  each  sleigh  or  sled,  drawn 
by  one  horse,  five  cents  ;  and  to  demand  and  receive  of  each 
passenger  at  the  west  gate  on  said  roads,  for  every  cart,  wag- 
gon, or  truck,  drawn  by  one  horse,  five  cents,  and  for  every 
Proviso,  sleigh  or  sled,  drawn  by  one  horse,  four  cents.     Provided  hoxo- 

ever,  that  nothing  herein  contained  shall  extend  to  entitle  said 
corporation  to  demand  or  receive  toll  from  any  person  passing 
to  or  from  his  usual  place  of  public  worship,  oi-  from  any  per- 
son residing  in  the  town  where  the  gate  may  be  placed,  unless 
they  are  going  or  returning  from  beyond  the  limits  of  said  town, 
or  from  any  person  going  to  or  from  any  grist  mill,  or  on  the 
common  and  ordinary  business  of  family  concerns.  [June  14, 
1813.]     Further  act— 1819  ch.  34. 

^hap.  43.        An  Act  authorizing  Stephen  King  and  his  associates,   to   establish  a  Dam  across 
Taunton  Great  River. 

Sect.  1.   BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Qeneral  Court  assembled,  and  by  the  authority  of  the  same. 


1813. Chap.  43— 44.  493 

That  Stephen  King  and  his  associates  be,  and  they  are  hereby  Amhorized  to 
authorized   to  build  and  maintain  a  dam  across  Taunton  Great  bujidadam. 
River,  so  called,  on  the  land  of  the  said  Stephen  King,  in  Taun- 
ton and  Raynham,  at  a  place  about  one  quarter  of  a  mile  above 
King's  bridge  on  said  river,  for  the  purpose  of  establishing  and 
carrying  on  Mills  and  manufactories.     Provided,  that  such  dam  Proviso, 
shall  not  be  erected  in  such  manner  as  to  flow  the  water  back 
to  the  injury  of  the  works  on   Pratt's  dam   in   Middleborough, 
situated  on  the  same  river. 

Sect.  2.  Be  it  further  enacted,  That  a  proper  and  sufficient  siuice-way  to 
sluice-way,  shall  be  constructed  in  ihe  dam  hereby  authorized  be  built. 
to  be  built,  and  such  sluice-way  shall,  at  all  times,  be  kept  in 
repair,  and  ready  to  be  opened  for  the  free  passage  of  boats 
and  rafts,  as  well  as  all  kinds  of  lumber,  which  have  usually 
been  floated  on  said  river,  and  also  a  convenient  way  to  be 
constructed  and  kept  open  according  to  law,  for  the  passage  of 
such  fish  as  usually  pass  up  the  same  river  in  their  proper  sea- 
son ;  and  if  such  sluice-ways  and  fish-ways  shall  not  be  suffi- 
cient, the  same  dam,  or  such  part  thereof  as  may  be  necessary, 
may  be  removed  or  abated  as  a  nuisance,  in  the  same  manner 
as  other  nuisances  may,  by  law,  be  removed  or  abated.  [June 
14,  1813.] 

An  Act  to  appropriate  certain  lands  lying  within  the  plantation   of  Marshpee,  in   Cn-Op.  44. 
the  county  of  Barnstable,  as  a  parsonage  for  the  use  of  the   missionary  on  said 
plantation. 

WHEREAS  the  permanent  establishment  of  the  public  wor- 
ship  of  God  among  the  native  proprietors  and  inhabitants  of  the 
plantation  of  Marshpee,  in  the  county  of  Barnstable,  is  emi- 
nently conducive  to  the  religious  improvement  and  well  being 
of  said  proprietors  and  inhabitants,  the  practice  of  which  is 
sanctioned  by  the  wisdom  and  policy  of  our  venerable  ances- 
tors : 

Be  it,  therefore,  enacted  by  the  Senate  and  House  of  Representatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  lands  hereinafter  described  and  bounded,  situate  in  the  Land  appropri- 
plantation  of  Marshpee.  in  the  county  of  Barnstable,  be,  and  sionarV.™*^' 
they  are  hereb}^  appropriated  and  set  apart  as  a  parsonage,  for 
the  exclusive  use  and  occupation  of  such  teacher  of  piety,  reli- 
gion and  morality,  as  now  is,  or  may  be  in  future  regularly  or- 
dained as  missionary  over  said  plantation,  to  wit :  a  parcel  of  . 
pasture  land  containing  about  thirty  acres,  known  by  the  name 
of  Santuct  field,  and  is  bounded  west  and  north-Avesterly  by 
Santuct  river  and  pond,  so  called  ;  north  and  north-easteriy  by 
a  swamp  separating  said  land  from  Wright's  field,  so  called ; 
south  and  south-easterly  by  a  fence,  making  a  boundary  line 
between  said  land  and  the  land  of  Alvan  Crocker  and  sons  : 
also  a  parcel  of  meadow  land  lying  round  a  small  island,  call- 
ed Daniel's  island,  in  Great  Neck,  producing  about  six  tons  of 
salt  hay,  and  is  separated  from  the  other  Indian  meadow  by  an 
ancient  range,  on  the  westerly  side  of  said  island,  connecting 
the  same  with  the  main  land.     [June  14,  1813.] 


404  1813. Chap.  45—46. 

f^hftn    45  An  Act  to  incorporate  the  Protestant  Episcopal  Parish  of  St.  James'  Church  in 

"*        *  Greenfield. 

Sect.  1 .  BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Persone  incor-  'pj^^^t;  Thonias  Chapman  and  Oliver  Page,  church  wardens, and 
porated.  j^,^^  ^^  jj^jj^  Alpheus  F.  Stone,  Chester  Gunn,  Samuel  Pierce 

and  Daniel  Clay,  vestrymen,  together  with  such  others  as  have, 
or  may  hereafter  join  said  parish  or  society,  and  their  succes- 
sors, together  with  their  polls  and  estates,  be,  and  they  hereby 
are  incorporated  into  a  society  or  body  politic,  by  the  name  of 
-  the  Protestant  Episcopal  Parish  of  St.  James'  Church,  in  Green- 
field ;  and  the  said  parish  or  society  are  hereby  invested  with 
full  power  and  authority  to  assess  and  collect  of  the  members 
belonging  to  said  parish,  for  the  purpose  of  maintaining  the 
public  worship  of  God  therein,  and  for  maintaining  their  instruc- 
tor of  piety,  religion  and  morality,  and  for  erecting  a  house  of 
(Further  pow-  p^i^K^,  worship,  and  repairing  the  same  from  time  to  time, 
1821  ch.  13.)  such  monies  as  are  or  may  be  necessary  for  those  purposes  ; 
and  they  arc  hereby  vested  with  such  powers,  privileges  and 
immunities,  as  any  other  religious  society  does  or  may  enjoy 
by  the  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  if  any   other  person  or 

Manner  of  be-  i.  r.        •      i-        J       •    •  -j  "n    •  i  •   u     • 

coming  a  mem-  persons  may  hereaiter  mcline  to  jom  said  Episcopal  parish,  in 
ber.  Greenfield  aforesaid,  and  shall  leave  a  certificate  of  the  same, 

signed   by   the   rector,  clerk  or  committee  of  said  parish,  with 
the  clerk  of  the    town  to  which  he  or  they  may  respectively 
belong,   he  or   they,   with  his  or  their  polls  and  estates,  shall 
be  considered  as  belonging  to  said  Episcopal  parish,  in  the  same 
manner  as  though  he  or  they  were  incorporated  by  name  in 
Manner  of       this  Act.     And  whenever  any  person  or  persons   belonging  to 
leaving  the  so-  said  Episcopal  parish,  shall  see  cause  to  leave  the  same,  and 
<^'ety-  unite  with  any  other  religious  parish  or  society,  and  shall  leave 

with  the  rector  or  clerk  of  said  Episcopal  parish,  a  certificate 
of  the  same,  signed  by  the  minister  or  clerk  of  the  parish  or 
other  religious  society,  with  which  he  or  they  may  have  united, 
he  or  they,  with  his  or  their  polls  and  estates,  shall  be  dis- 
charged from  said  Episcopal  parish,  and  annexed  to  the  parish 
or  society  to  which  he  or  they  may  have  joined  themselves. 

Sect.  3.  Be  it  further  enacted,  That  the  said  Protestant  Epis- 
copal parish  be,  and  they  hereby  are  empowered  to  raise  and 
establish  a  fund,  in  such  way  and  manner  as  they  may  see  fit, 
the  annual  income  or  interest  of  which  shall  not  exceed  the 
Interest  how  sum  of  two  thousand  dollars,  the  said  income  or  interest,  or  so 
appropriated.  ^^f.\^  thereof  as  shall  be  necessary,  to  be  appropriated  to  the 
support  of  a  Protestant  Episcopal  priest  or  priests  in  said  pa- 
rish.    [June  16,  1813.]     Add.  act— 1821  ch.  13. 

Chap,  46.       An  Act  to  incorporate  the  President,  Directors  and  Company  of  the  New-England 
Bank. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
Persons  incor-  That  John  Gore,  Samuel  May,  Robert  G.Shaw,  Edward  Blake, 
porated.  j^^^^^  Samuel  Dorr,  Nathaniel  R.  Sturgis,  George  Lyman,  David 

Greenough,  Samuel  Cabot,  jun.  Francis  Lee,  Allan  Melvill,  Ed- 


1813. Chap.  46.  495 

ward  Motley,  Eben  Appleton,  David  Hinckley,  John  Wood, 
Samuel  G.  Williams,  Daniel  P.  Parker,  James  S.  Colburn, 
Israel  Munson,  Thomas  K.  Thomas,  John  Bumstead,  William 
Gill,  Henry  Gassetl,  jun.  Benjamin  Ptich,  John  Bryant,  Henry 
G.  Rice,  Enoch  Bartlett,  William  S.  Shaw,  Thomas  Gushing, 
Richard  D.  Tucker,  William  Sturgis,  Patrick  1'.  Jackson,  Fran- 
cis C.  Lowell,  William  Rdpcs,  Francis  W^elch,  Asaph  Stone, 
Thomas  Cordis,  Phineas  Upham,  Charles  Barrett,  and  Benja- 
min M.  Watson,  and  their  associates,  successors  and  assigns, 
shall  be,  and  arfe  hereby  created  a  corporation,  by  the  name  of 
the  President,  Directors  and  Company  of  the  New-England 
Bank,  and  shall  so  continue  from  the  first  Monday  in  October 
next,  until  the  first  Monday  in  October,  which  will  be  in  the  ateTfor!"*'^"'' 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-one  ; 
and  the  said  corporation  shall  always  be  subject  to  the  rules, 
restrictions,  limitations,  taxes  and  provisions,  and  be  entitled  to 
the  same  rights,  privileges  and  immunities,  which  are  contain- 
ed in  an  Act,  entitled  '•  An  Act  to  incorporate  the  President,  (isii  ch.  84.) 
Directors  and  Company  of  the  State  Bank,"  except  in  so  far 
as  the  same  are  modified  or  altered  by  this  Act,  as  fully  and 
eftectually  as  if  the  several  sections  of  said  Act  were  herein 
specially  recited  and  enacted. 

Sect.  2.    Be  it  further  enacted,  That  the  capital  stock  of  said  Amount  of  ca- 
corporation  shall  consist  of  a  sum  not  exceeding  one  million  of  of^'^each'sh'are^ 
dollars,  in  gold  or  silver,  to  be,  besides  such  part  as  this  Com- 
monwealth may  subscribe,  in   manner   hereinafter  mentioned, 
divided  into  shares  of  one  hundred  dollars   each,   which  shall 
be  paid  in  manner  following :  that  is  to  say,  one   fourth  part 
thereof  on   or  before  the  first  day  of  October  next,  one  fourth  shares!" 
part  thereof  on  or  before  the  first  day  of  January  next,  and  the 
residue  at  such  time  as  the  stockholders,  at  any  meeting  called 
for  that  purpose,  shall  direct.     And  the   stockholders   at  their 
first  meeting  shall  by   a   majority  of  votes  determine  the  mode 
of  transferring  and  disposing  of  said  stock,  and  the  profits  there- 
of; which,  being  entered  in  the  books  of  said  corporation,  shall 
be  binding  on  the  stockholders,  their  successors  and   assigns, 
until  they  shall  otherwise  determine.  And  the  said  corporation 
are  hereby  made  capable  in  law,  to  have,  hold,  purchase,  re-  ^t^^'^^and'^^^ 
ceive,  possess,  enjoy  and  retain,  to  them,  their  successors  and  amount.    ' 
assigns,  lands,  rents,  tenements  and  hereditaments,  to  the  amount  (Enlarged 
of  fifty  thousand  dollars,  and  no  more,   at   any  one  time;  with  1818  cb.  48.) 
power  to  bargain,  sell  and  dispose  of  the  same,  and  to  loan  and 
negotiate  their  monies  and  effects,  by  discounting  on  banking 
prmciples,  on  such   security   as   they  shall   think  advisable : 
Provided  hozoever,  that  nothing  herein  contained,  shall   restrain  proviso, 
or  prevent  said  corporation  from  taking  and  holding  real  estate 
in  mortgage,  or  on  executions,  to  any  amount,  as  security  for, 
or  in  payment  of  any  debts  due  to  the  said  corporation  :     j^nd 
provided  further,  that  no  monies  shall  be   loaned,   or  discounts 
made,  nor  shall  any  bills  or  promissory  notes   be  issued   from 
said  bank,  until  the  capital  subscribed  and  paid  in,  and  existing 
in  gold  or  silver  in  their  vaults,  shall  amount  to  two  hundred 


496 


1813. 


Chap.  46. 


and  fifty  thousand  dollars,  nor  until  said  capital  stock,  actually 

Governor  to      in  said  vaults,  shall  have  been  inspected  and  examined  by  three 

appoint  com-     commissioners,  to  be  appointed  by  the  Governor  for  that  pur- 

dllty  0"^*' ^"^  pose,  whose  duty  it  shall  be,  at  the  expense  of  said  corporation, 

to  examine  and  count  the  monies  actually  existing  in  said  vaults, 

and  to  ascertain,  by  the  oath  of  the  directors  of  said  bank,  or 

some  of  them,  that  said  capital  stock  hath  been  bona  fide  paid 

in  by  the  stockholders  of  said  bank,  and   towards  payment  of 

their  respective  shares,  and  not   for   any  othd^. purpose  ;  and 

that  it  is  intended  therein  to  remain  as  part  of -said  capital,  and 

to  return  a  certificate  thereof  to  the  Governor. 

Sect.  3.  Be  it  further  enacted^  That  the  said  bank  shall  be 
established  and  kept  in  the  town  of  Boston. 

Sect.  4.  Be  it  further  enacted^  That  whenever  the  legislature 
shall  require  it,  the  said  corporation  shall  loan  to  the  Common- 
wealth any  sum  of  money  which  may  be  required,  not  exceed- 
ing ten  per  centum  of  the  capital  stock  then  actually  paid  in, 
at  any  one  time — reimbursable  by  five  annual  instalments,  or 
at  any  shorter  period,  at  the  election  of  the  Commonwealth, 
with  the  annual  payment  of  interest,  at  a  rate  not  exceeding 
five  per  centum  per  annum  :  Provided  however^  that  the  Com- 
monwealth shall  never  stand  indebted  to  said  corporation,  with- 
out their  consent,  for  a  larger  sum  than  twenty  per  centum  of 
their  capital  then  paid  in. 

Sect.  5.  Be  it  further  enacted^  That  the  persons  herein  be- 
fore named,  or  any  three  of  them,  are  authoi'ized  to  call  a  meet- 
ing of  the  members  and  stockholders  of  said  corporation  as 
soon  as  may  be,  at  such  time  and  place  as  they  may  see  fit  to 
appoint,  by  advertising  the  same  in  any  two  newspapers  print- 
ed in  the  town  of  Boston,  for  the  purpose  of  making,  ordaining 
and  establishing  such  by-laws  and  regulations,  for  the  orderly 
conducting  of  the  affairs  of  said  corporation,  as  the  stockhold- 
ers shall  deem  necessary,  and  for  the  choice  of  the  first  board 
of  directors,  and  such  other  officers  as  they  shall  see  fit  to 
choose. 
State  may  sub-  Sect.  6.  Be  it  further  enacted^  That  the  Commonwealth 
shall  have  a  right,  whenever  the  Legislature  shall  make  provi- 
sion therefor  by  law,  to  subscribe,  on  account  of  the  Common- 
wealth, a  sum  not  exceeding  five  hundred  thousand  dollars,  to 
be  added  to  the  capital  stock  of  said  Corporation,  subject  to 
such  rules,  regulations  and  provisions,  as  to  the  management 
thereof,  as  shall  be  by  the  Legislature  made  and  established. 

Sect.  7.  Be  it  firther  enacted.  That  whenever  the  Com- 
monwealth shall  subscribe  to  the  capital  stock  of  said  Corpo- 
ration, in  manner  herein  before  provided  for,  in  addition  to 
the  Directors  by  law  to  be  chosen  by  the  stockholders,  the 
Legislature  shall  have  a  right,  from  time  to  time,  to  appoint  a 
number  of  Directors  of  said  bank,  in  proportion  as  the  sums 
paid  from  the  Treasury  of  the  Commonwealth,  shall  bear  to 
the  whole  amount  of  stock  actually  paid  into  the  said  bank,  if 
at  any  time  hereafter  they  shall  judge  fit  to  exercise  that  rights 
[June  16,1813.]     Add  act— 1 818  ch.  48. 


Bank,  where 
established. 


Money  to  be 
loaned  the 
State. 


Proviso. 


Calling  first 
meeting  of 
stockholders 


scribe 
$500,000 


Legislature 
may  appoint 
directors. 


1813.- Chap.  56—57.  497 

An  Act  to  prevent  the  destruction  of  Quahaugs   in  the  plantation  of  Marshpee.   (^Jujp,  55, 

Sect.  1.  BE  it  enacted  by  the  Senate  and  Ho""f  of  Represen- 
tatives, i)i  General  Court  assembled,  and  by  the  authority  oj  the 
same,  That  from  and  after  the  first  day  of  April  next,  if  any 
person  or  persons  shall  tai<e,  rake  and  carry  away  more  than 
two  bushels  of  quahaugs,  including  the  shells,  at  any  one  time, 
and  being  duly  convicted  thereof,  in  manner  hereinafter  pre- 
scribed, shall  forfeit  and  pay  not  less  than  three  dollars,  nor  Penalty  for 
more  than  eight  dollars,  unless  liberty  for  taking  said  fish  be 
first  had  and  obtained  from  the  guardian  or  treasurer  of  said 
plantation. 

Sect.  2.  Be  it  further  enacted.  That  if  any  Indian  or  other 
inhabitant  of  said  plantation,  shall  aid  or  assist  any  person  or 
persons  belonging  to  any  other  town  or  place,  in  the  taking  or 
carrying  awny  of  the  fish  aforesaid,  or  shall  supply  him  or 
them  therewith,  he  shall  forfeit  and  pay  not  less  than  one  dol- 
lar, or  more  than  three  dollars,  for  every  such  offence. 

Sect.  3.  Be  it  further  enacted,  That  if  any  vessel  or  boat, 
not  belonging  to  any  inhabitant  of  this  Commonwealth,  shall 
be  found  within  three  miles  of  bays,  harbour,  and  shores  of 
said  plantation,  having  on  board  more  than  two  bushels  of  said 
fish,  including  the  shells,  taken  Avithin  the  same,  and  not  hav- 
in'.:j  a  permit,  in  writing,  from  the  Ginrdian  and  Treasurer  as 
aforesaid,  it  shall  and  may  be  lawful  for  any  person  or  per-  Boats  may  be 
sons  to  detain  such  vessel  or  boat,  until  the  master  or  owner  ^^'^®*^- 
thereof  shall  pay  the  foreiture  ordered  by  the  Court  that  shall 
try  the  same,  and  the  legal  costs  arising  thereon. 

Sect.  4.  Be  it  fir  the  r  enacted.  That  all  breaches  of  this  Breaches  to  be 
act.  shall  be  heard  and  determined  by  any  Justice  of  the  l*eacc  t>">ed. 
in  the  county  of  Barnstable,  who,  on  complaint  of  any  breach 
of  this  act,  made  to  him  in  writing  and  on  oath,  shall  issue  his 
warrant  for  apprehending  and  bringing  before  him  the  person 
or  persons  thereof  accused  ;  and  all  the  forfeitures  which  may 
arise  as  aforesaid,  shall  accrue  and  be  appropriated,  one 
moiety  to  him  or  them  who  shall  complnin  as  albresaid,  and 
the  other  moiety  to  the  use  of  said  plantation.  [June  IG, 
1813.] 

An  Act  in   addition  to  An  Act,  entitled  "  An  Art  to  prevpiit  the  destruction,  and   Chap,  57, 
to  regulate  the  catchina;  of  tho    fish,    called    Alewives,   in  their  passage   up  the   1737  ch.  10 
rivers  and  streams,  in  the  town  of  Harwich,  in  the  county  of  Barnstable."  ry^  j^  p^  IBS.') 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General   Court   asseinhlrd,   and  by  the  authority  of  the 
same,  That  the  inhabitants  of  the   town  of  Harwich  be,  and  Empowered  to 
they  are  hereby  authorized   and  empowered  by  their  commit-  '''fpose  of  Ale- 
tee,  annually  chosen  in  the  month  of  March  or  April,  to  dispose 
of  the  fish  called  Alewives  as  they  may  think  proper. 

Sect.  2.     Be  it  further  e^racted.  That  the  Committee   afore- Committee  to 
said,  shall  pay  over  to  the  Treasurer  of  the  said  town  of  Hnr-  Pf^  "^'"  '° 
wich,  on  or  before  the  first  day  of  January  annually,  all  the  ,j.       ^   ' 

1        ^,  1         c       •  ^  n    \       I-         I  r       ■\  (Extended  to 

net  proceeds  01  the  sale  or  said  hsh,  lor  the  use  01  said  town  ;  Brewster  by 
and  any  Committee  appointed  as  aforesaid,  that  shall  neglect  ^^13  ch.  115.) 
or  refuse  to  pay  over  as  aforesaid,  all  the  monies  they  shall 
have  received  as  aforesaid,  shall  forfeit  and  pay  for  each  of- 
voL.  IV.  63 


498  ^    1813. Chap.  57—59. 

fence  a  sura,  not  exceeding  two  hundred  dollars  nor  less  than 
fifty  dollars,  to  be  recovered  by  their  Treasurer  for  the  use  of 
the  inhabitants  of  said  town,  by  action  of  debt,  in  any  Court 
proper  to  try  the  same.  [Jwnc  16,  1813.]  Further  act — 1813 
eh.  115. 

Chap.  69.       An  Act  to   incorporate   thie   President,  Directors  and   Company  of  tlie  Hampshire 
■•  *         *  Bank.  ' 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in   General   Court  assembled,   and  by   the   authority   of  the 
Persons  incor- ^a^e,  Tha t  Joseph  Lymat),  Oliver  Smith,   libenezer   Mattoon, 
poia  e  .  Benjamin    Smith,    Seth    Wrii^ht,    Nathaniel    Smith,    Ebenezer 

Hunt,  jun.  and  I'heodore  Wright,  their  associates,  successors, 
and  assigns  shall  be,  and  hereby  are  created  a  Corporation, 
by  the  name  of  The  President,  Directors,  and  Company  of 
the  Hampshire  Bank,  and  shall  so  continue  until  the  first  day 
of  October,  which  will  be  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  thirty-one  ;  and  by  that  name  shall  be, 
and  hereby  ore  made  capable  in  law,  to  sue,  and  be  sued, 
plead  and  be  impleaded,  del'end  and  be  defended  in  any 
courts  of  record,  or  any  place  whatever,  and  also  to  make, 
have,  and  use  a  common  seal ;  and  to  ordain,  establish,  and 
put  in  execution  such  by-laws,  ordinances,  and  regulations  as 
to  them  shall  appear  neces^ary  and  convenient  for  the  go- 
vernment of  said  Corporriiion  and  the  pi'udent  management 
Proviso.  of  their  affairs  ;  Provided  such  by-laws,  ordinances  and  regula- 

tions shall  in  no  wise  be  contrary  to  the  Constitution  and  laws 
of  this  Commonwealth;  and   the  said  corporation  shall   be  al- 
ways subject   to   the  rules,  restrictions,   limitations  and  provi- 
sions herein  prescribed. 
Amount  of  Sect.    2.     Be  it  further  enacted,  That   the  capital   stock  of 

stocii.  ggjfj    corporation    shall   consist  of   the  sum  of   one  hundred 

thousand   dollars   in   gold   and   silver,  divided  into  shares    of 
one  hundred  dollars  each,  which   shall  be  paid    in  four  equal 
instalments,  the  first  on  the  first  day  of  September  next ;  the 
second,  on  the  first  day  of  March  next;  the  third,  on  the  first 
Altered  by  ^     day  of  Se))tember  next,  after;  and  the  fourth,  on  the  first  day 
I8i5ch'98'''    °^  March   next,  after.      And   the    stockholders  at   their   first 
1817  ch.  55.      meeting  shall,  by  a  majority   of  votes,  determine  the   mode  of 
transferring  and  disposing  of  said  stock,  and  the   profits  there- 
of, which,  being  entered  on  the  books  of  said  corporation  shall 
J  be  binding  on  the  stockholders,  their  successors   and  assigns  ; 

and  the  said  corporation  are  hereby  made  capable  in  law  to 
May  hold  es-  have,  hold,  purchase,  receive,  possess,  enjoy  and  retain  to 
'^*^"  them,  their  successors  and  assigns,  lands,  rents,  tenements  and 

hereditaments,  to  the  amount  of  thirty  thousand  dollars,  and  no 
more  at  any  one  time,  with  power  to  bargain,  sell,  and  disi- 
pose  of  the  same,  and  to  loan  and  negotiate  their  monies  and 
effects,  by  discounting  on  banking  principles,  on  such  security 
Proviso,  as    they    shall   think  proper :   Provided  however,  that   nothing 

herein  contained,  shall  restrain  or  prevent  the  said  corporation 
from  takinp-  and  holding  real  estate  in  mort2;age,  or  on  execu- 
tion to  any  aoiount,  as  security  for,  or  in  payment  for  any  debt 


1813. Chap.  b9.  499 

due  to  the  said  Corporation.  Jnd  provided  further,  that  no 
money  shall  be  loaned,  or  discounts  made,  nor  shall  any  bills 
or 'promissory  notes  be  issued  from  said  Bank,  until  the  capi- 
tal subscribed  and  actually  paid  in,  and  existing  in  gold  and 
silver,  in  their  vaults,  shall  amount  to  twenty-five  thousand 
dollars. 

Sect.  3.     Be    it  further  enacted,  That  the  rules,  limitations.  Rules,  &c.  to 
and  provisions,  which  are  provided  in  and  by  the  third  section  be  binding. 
of  an  act  entitled,  "  An   act   to  incorporate   the   President,  Di-  (isii  ch.  84.) 
rec.ors   and   Company   of  the   State  Bank"  shall   be  binding 
on  the  Bank  hereby  established.     Provided,  That  the  bond  re-  Proviso, 
quired  to  be  given  by  the  Cashier,  shall  be  given  in  the  penal- 
ty of   twenty  thousand    dollars;    that   the    number   of  Direc- 
tors  to  be   annually  chosen  shall  be  five,  and  three  may  con- 
stitute a  quorum  for  the  transaction  of  business.     And  provid- 
ed  also.  That    the     amount   of  debts,  at   any  time    due  from 
said  Bank,  sh  ill  not  exceed  fifty  per  cent,  beyond  their  capital 
stock  acturilly  paid  in. 

Sect.  4.     Be  it  further  enactnl,   That  the   said  Bank  shall  be 
established  and  kept  in  the  town  of  Northampton. 

Sect.  5.     Be   it  further  enacted.  That  whenever  the  Legis-  Shaiiioan to 
lature  shall  require  it,  the  said   corporation  shall  loan   to  the  wealth^""""" 
Commonwealth  any  sum  of  money  which  may  be  required  not 
exceeding  twenty  thousand   dollars  at  any  ojie  time,  reimbur- 
sable by  five  annua!  instalments,  or  at  any  shorter  period   at 
the   election  of  the  Commonwealth,  with  the  annual  payments 
of  interest,  at  a  rate  not  excee-ling  ^we  per  cent,  per  annum. 
Provided  hozoever.  That  the  Commonwealth  shall  never,  at  any  Proviso. 
one  time,  stand  indebted  to  the  Corporation  without  their  con- 
sent, for  a  larger  sum  than  thii-ty  thousand  dollars. 

Sect.  6.     ^e   it  further  enacted.  That   any  Committee,  spe-  To  have  ac- 
ciallv  appointed  bv  the  Lecrislature  for  that  purpose,  shall  have  cess  u- book* 

. -^i      '  '  .     ■^.  1        7    •  r       -1     •  •  ]     I     11   and  vaults, 

a  right  to  examine  into  the  doings  ot  said  corporation  and  shall 
have  free  access  to  all  their  books  and  vaults,  and  if,  upon  such 
examination  it  shall  be  found,  and  after  a  full  hearing  of 
said  corporation  thereon,  be  determined  by  the  Legislature,  that 
said  corporation  have  exceeded  the  powers  herein  granted 
them,  or  failed  to  comply  with  any  of  the  rules,  restrictions  or 
conditions  in  this  act  provided,  the  incorporation  shall  there- 
upon be  declared  forfeited  and  void. 

Sect.  7.  Be  it  further  enacted,  That  the  persons  herein  be-  Authorized  to 
fore  named  or  a  majority  of  them,  are  authorized  to  call  a  meet-  ^  meeting, 
ing  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  three  weeks  successively  in  the 
Hampshire  Gazette,  printed  at  Northampton,  for  the  purpose 
of  making,  ordaining  and  establishing  such  by-laws,  ordinances, 
and  regulations  for  the  orderly  conducting  the  affairs  of  the  said 
Corporation,  as  the  said  Stockholders  shall  deem  necessary, 
and  for  the  choice  of  the  first  board  of  Directors,  and  such 
other  officers  as  they  shall  see  fit  to  choose. 

Sect.  8.     Be  it  further  enacted.  That  it  shall  be  the  duty  of 
the  Directors  of  the  said  Bank  to  transmit  to  the  Governor  and 


500 


1813. 


Chap.  59—60. 


Shall  exhibit 
a  statement  of 
accounts. 


Common- 
wealth may 
hold  stock. 


Shall  pay  their 
notes  if  coun- 
terfeited. 


Shall  pay  a 
tax  to  tlie 
Treasurer 
of  State. 


Proviso, 


Amount  to  be 
appropriated 
to  loans. 


Amount  of 
loans. 


Security  for 
loans. 


Chap.  60. 


Council  of  this  Commonweahh  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amount  of  the  capital  stock 
of  said  Corporation,  and  of  debts  due  the  same;  of  the  mo- 
nies deposited  therein  ;  of  the  notes  in  circulation  ;  and  of  the 
gold,  silver,  and  coj^per  coin,  and  the  bills  of  other  banks  on 
hand  ;  which  statement  shall  be  signed  by  the  Directors,  and 
attested  by  the  Cashier,  and  shall  be  verified  by  oath  be- 
fore some  person  competent  to  administer  the  same. 

Sect.  9.  Be  it  further  enacted^  That  the  Commonwealth 
shall  have  a  right,  whenever  the  Legislature  shall  make  provi- 
sion by  law,  to  subscribe,  on  account  of  the  Commonwealth, 
a  sum  not  exceeding  fifty  thousand  dollars,  to  be  added  to 
the  capital  stock  of  said  Company,  subject  to  such  rules,  regu- 
lations and  provisions,  as  shall  be  by  the  Legislature  made 
and  established,  as  to  the  management  thereof. 

Sect.  10.  Be  it  further  enacted,  That  the  said  corporation, 
shall  be  liable  to  pay  to  any  bona  fide  holder,  the  original 
amount  on"%n3^  note  of  said  bank,  altered  in  the  course  of  its 
circulation  to  a  larger  amount,  notwithstanding  such  altera 
tion. 

Sect.  11.  Be  it  further  enacted,  That  the  said  corpoiation, 
from  and  after  the  first  day  of  September  next,  shall  pay  by 
way  of  a  tax  to  the  Treasurer  of  this  Commonwealth  for  the  use 
of  the  same,  within  ten  days  after  each  semi-annual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock, 
which  shall  at  the  time  of  said  dividend  have  been  actually 
paid  in  :  Provided  however,  That  the  same  tax  payable  in  man- 
ner aforesaid,  shall  be  required  by  the  Legislature,  of  all  banks, 
that  are  now  or  shall  be  hereafter  incorporated  within  this  Com- 
monwealth :  and  provided  further,  that  nothing  herein  contained 
shall  be  construed  to  impair  the  right  of  the  Legislature,  to  lay 
a  tax  or  excise  upon  any  bank  already  incor})orated  under  the 
authority  of  this  Commonwealth,  whenever  they  may  think 
proper  so  to  do. 

Sect.  12.  Be  it  further  enacted,  That  one  tenth  part  of  the 
whole  funds  of  said  bank  shall  always  be  appropriated  to 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  and  where- 
in the  Directors  shall  wholly  and  exclusively  regard  the  agri- 
cultural and  manufacturing  interest,  which  loans  shall  be  made 
in  sums  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  and  upon  the  personal  bond  of  the  borrower, 
with  collateral  security  by  a  mortgage  of  real  estate  to  the 
satisfaction  of  the  Directors  of  the  said  Bank,  for  a  term  not  less 
than  one  year,  and  on  condition  of  paying  the  interest  annual- 
ly on  such  loans  subject  to  such  forfeitures,  and  right  of  re- 
demption as  is  by  law  provided  in  other  cases.  {June  16, 
1813.]     Add.  acts— 1814  ch.  125:   1815  ch.  98:   1817  ch.  55. 

An  Act  to  annex  Aribect  Leonard  and  Martin  Wilson  to   the  Second  Parish  in 
West  Springfield. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  sam.e,  That 


1813. Chap.  60—61.  501 

Aribert  Leonard  and  Martin  Wilson  of  West  Springfield,  with  Persons  set  off. 
their  families  and  estates,  be,  and  they  are  hereby  set  off  from 
the  First,  and  annexed  to  the  Second  Parish  in  West  Spring- 
field :  Provided,  that  each  of  the  said  persons  shall  be  holden 
to  pay  his  respective  proportion  of  all  taxes  which  have  been 
assessed  upon  his  poll  and  estate,  and  due  to  the  said  First 
Parish  prior  to  the  passing  of  this  act.     [June  16,  1813.] 

An  Act  to  incoiporate  The  Episcopal  Society  of  St.  Mary's  Chiarh,  in  Newton.   QJiap.  61. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  asse.nbled,  and  by  the  authority  of  the  same. 
That  Solomon   Curds  and  Thomas  Durant,  Church  Wardens,  Pprsons  incor- 
Nathaniel  Wales,   Ephraim   Jackson,   2d.  and    Isanc    Hagar,  I'Ofated. 
Vestrymen,  with  such  other  persons  residing  in  Newton,  Need- 
ham,  and  in  towns  and  pficea  adjaceni.  as  now  are,  or  hcre.^f- 
ter  mciy  be  associated  with  them  and  their  succes'^ors,  together 
with  their  polls  and  estates,  be,  and  they  are  incorporated  into 
a  society  or  body  politic,  by  the  name  of  The  Episcopal  Socie- 
ty of  St.  Mary's  Church   in  Newton,   with  all  the  privileges, 
powers  and  immunities,  which  parishes  do  or  may  enjoy  by 
the  laws  of  this  Commonwea'th. 

Sect.  2.     Be  it  further  enacted,  That  each  and  every  per- 
son, who  is,  or  shall  become  a  proprietor,  or  interested  by  sub- 
scription,  purchase  or  otherwise,  in  the  house  of  public   wor- 
ship, to  be  erected  by  the  said  society  in  Newton   aforesaid, 
and  any  person  proposing  to  attend  public  worship  there,  not 
being  heretofore  a  member  of  the  said  society,  who  shall  en-  Manner  of  be- 
ter  his  or  her  name  and  request  to  become  a  member,  with  the  J^o|^'"g3^»iieni- 
Warden  and  Vestry,  or  with  the   Clerk  of  the  said   society, 
shall  be  deemed,  taken  and  entitled,  and   thej^    with  their  es- 
tates shall  be  liable  to  all  lawful  taxes  and  assessments  as  mem- 
bers of  the  said  Episcopal  Society  ;  and  the  members  of  the 
said  Episcopal  Society  shall  be,  and  they,  with  their  estates, 
hereby  are  exempted  from  all  other  taxes  and  assessments  for 
the  support  of  public  worship,  in  the  town  or  parish  where 
thev  naay  respectively  reside  :  Provided,  that  persons  hereaf-  Proviso, 
ter  becoming  members  shall  give  notice  thereof  in  writing  to 
the  Assessors  or  Clerk  of  the  parish  or  town  where  they  re- 
side, and  until  such  notice,  shall  not  be  entitled  to  the  exemp- 
tion aforesaid.     And  provided,  That  persons  withdrawing  from 
the  said  Episcopal  Society,  who  shall  give   notice  thereof  in 
writing,  to  the  Wardens  and  Vestry,  or  Clerk  for  the  time  be- 
ing, shall  be  no  longer  liable  to  any  taxes  or  assessments,  after- 
wards granted  and  voted  therein  ;  and  they,  with  their  estates, 
shall  become  again  liable  to  all  oiher  taxes  and  duties  for   the 
support  of  public  worship),  in  the  parish  or  town  where  they 
may  respectively  reside,  and  as  other  inhabitants  there,  not 
entitled    to   any   special   exemption,  are  or  shall   be  by  law 
liable. 

Sect.  3.     Be  it  further  enacted.    That  the    said    Episcopal  May  hold  real 
Society  shall  be  capable  to  take  and    hold,  by  gift,  grant  or  auf' personal 
purchase,  any  real  or  personal  estate,  and  to  manage,  sell  and 
dispose  of  the  same,  and  for  that  purpose  shall  have  a  common 


502 


Proviso. 


1813. 


Chap.  61 — 62. 


Taxe=',  how  le 
covered. 


Annual  meet- 
ing of  the  so- 
ciety. 


Choice  of 
officers. 


Chap.  62. 


seal,  to  he  established,  altered  and  renewed  at  their  pleasure  -■ 
Provided,  that  the  real  estate  holden  by  them  at  any  one  time 
shall  not  exceed  m  annual  value,  the  sum  of  four  thousand 
dollars;  And  prcvuled,  that  no  sale  then  of  shall  be  valid  and 
effectu:^l  unless  the  same  shall  be  made  with  the  concurrence 
ot  their  Minister,  if  any,  and  of  two  thirds  at  least  of  the  pro- 
prietors of  pews,  beinir  members  of  the  said  society. 

Sect.  4.  ^.  h  farther  enacted.  That  the  said  Episcopal 
Society  shall  hrtve  the  same  auihorities  and  powers,  in  grant- 
ing, voting  and  assessing  and  collecting  taxes  lor  the  mainte- 
nance of  a  Minister,  and  the  support  of  public  worship,  which 
Congregational  Parishes  have  or  may  enjoy,  by  virtue  of  any 
general  statute  of  this  Commonwealth.'  And* assessments  of 
taxes  lawfully  granted  and  made  for  the  said  Episcopal  Socie- 
ty.  remaining  due  and  unpaid  after  six  months'  notice  thereof, 
shall  be  recoverable  by  an  action  at  hnv,  in  their  name  lo  be 
broiisfbt,  as  for  sums  of  money  due  and  owing  to  the  said  socie- 
ty, against  the  parties  liable  therefor,  their  executors  or  ad- 
ministrators. 

Sec/t.   5.     Be  it  further  enacted.    That   the   meeting  of   the 
said  Episcopal  Society  shall  be  holden  on  Easter  Monday  an- 
nually, at  their  said  house  for  public  worship,  in  Newton,  or 
such  other  place,  and  at  such   hour  of  the  day,  as  their  War- 
dens and  Vestry  may  appoint  ;  and  at  such  an^nual  meeting  or 
meetings,  or  at  son)e  adjournment  thereof,  the  members  of  the 
said    Episcopal   Society  there  assembled,  shall   choose  their 
Wardens  and  Vestry,  Clerk,  Treasurer,  and   any  other  suita- 
ble officer  or  officers,  for  the  management  of  the  aft'iirs  of  the 
said  corporation  ;  and  the  annual  taxes  and  assessments  of  the 
said   society    shall  and  may  be  voted   and   granted,  and    bv 
standing  rules  or  otherwise,  in  the  mode  of  assassin?  and  col- 
lecting taxes,  of  calling  and  notifying  meetings,  and  the  duties 
and  authorities  of  the  Wardens  and  Vestrv,  and  other  oP^cers 
of  the  said  corporation,  and   the  manner  "in    which  vacancies 
happeuing  by  death,  resi-naiion  or  otherwise,  shall   be  sup- 

?e  ."o^o  n    """"^  "''^  ^^  ^^'^^"^  "P^"  ^''^  determined.     [Jum 
16,  18]  3. J  ■- 


Treasurer  and 
collectors,  liovv 
appointed. 


^ta'x::,  ?:";;;;';:^::;r^:Z;"^'"^"^  °^-  ^  ^°-  treasurer,  and   Collectors  o? 

BE  it  enacted  hy  the  Senate  and  House   of  Representatives,  in 
General  Court  o.s.mhled,  and  hy  the  authority  of  lh»  same.  That 
from  and  after  the  passing  of  this  act,  the  Selectmen,  the  Over- 
seers of  the  poor  and  the  Board  of  Health  of  the  town  of  Bos- 
ton, shall  annu  dly,  in  the  months  of  June  or  July,  meet  in  con- 
vention .n  the  town  of  Boston,  and  appoint  some  suitable  per- 
son as  Treasurer  of  snid  town,  and  also  one  or  more  suitable 
person  or   persons   as  Collectors  of  taxes  in  said  town,  who, 
when  appointed  as  aforesaid,  shall  have  like  powers,   and  be 
subject  to  like  duties,  in  the  discharge  and  execution  of  their 
said  several  offices,  as  other  town  Treasurers  and  Collectors 
ot  taxes  have  and  are  subject  to,  in  this  Commonwealth.     And 
the  said  town  Treasurer  and  Collectors,  so  as  aforesaid  ap- 


1813. Chap.  62—63.  503 

pointed,  shall  continue  in  office  for  one  year,  and  until  others 
are  appointed  in  manner  afores.iid,  and  qualihed  to  execute 
their  said  offices  ;  and  a  record  of  the  appointment  as  afore- 
said, of  said  town  Treasurer  and  Collectors,  shall  be  made  by 
the  town  Clerk  of  the  town  of  Boston,  in  the  records  of  said 
town,  kept  by  him.  And  the  said  town  Treasurer  and  Collec- 
tors, to  be  appointed  as  ;iforesaid.  shall  be  sworn  to  the  faith-  Tobeswom, 
ful  discharge  of  their  said  several  trusts,  and  give  such  bonds 
to  the  said  town  of  Boston,  conditioned  for  the  faithful  execu- 
tion of  the  duties  of  their  said  offices,  as  the  said  Selectmen, 
Overseers  of  the  poor,  and  Board  of  Health,  met  in  convention 
as  aforesaid,  shall  direct,  previous  to  their  entering  on  the  du- 
ties of  their  said  several  offices  aforesaid.  Provided  however.  Proviso. 
That  the  said  Selectmen,  Overseers  of  the  poor,  and  the  said 
Board  of  Health,  shall  never  reappoint  any  person  to  said  of- 
fice of  town  Treasurer,  or  Collector  of  taxes  as  aforesaid,  until 
such  person  shall  have  faithfully  and  fully  completed  the  exe- 
cution of  his  duty  in  said  office,  to  which  he  was  appointed  the 
year  preceding,  and  a  full  and  complete  settlement  of  the 
taxes  by  him  to  have  been  received  or  collected,  according  to 
law,  shall  have  been  made,  or  he  shall  have  been  excused 
therefrom  by  a  vote  of  the  said  town  of  Boston.  And  when- 
ever by  death,  resignation,  or  otherwise,  the  said  office  of  town  vacancy  hew 
Treasurer  or  Collector  shall  be  vacant,  the  aforesaid  Select-  filled, 
men,  Overseers  of  the  poor,  and  Board  of  Health,  shall  be,  as 
aforesaid,  authorized  to  fill  such  vacancy,  by  a  new  appoint- 
ment in  manner  aforesaid.  And  all  laws  heretofore  made  re- 
specting either  of  the  aforesaid  offices  of  town  Treasurer  and 
Collector  of  taxes  in  the  town  of  Boston,  that  are  inconsistent 
with  the  provisions  of  this  act,  be,  and  the  same  hereby  are 
repealed,  from  and  after  the  fourth  day  of  July  next.  [June 
16,  1813.]     See  1821  ch.  110. 

An  Act  to  inco.porate  sundry  persons  in  Charlestown,  in  the  county  of  Middlesex,   flffm    /»• 
by  the  name  of  The  W^ishington  Hall  Association.  K^nap.  0,5. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives,, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Joseph  Hurd,  Josiah  Bartlelt,  David  Stetson,  Timothy  persons incor- 
Walker,  and  Benjamin  Swift,  with  such  others  as  have  asso-  porated. 
eiated  and  purchased  a  lot  of  land,  bounded  thirty  ieet  on  the 
main  street  in  said  Charlestown,  running  buck  about  one  hun- 
dred and  fifty  feet,  and  are  erecting  a  building  thereon,  by  the 
name  of  Washington  Hall,  for  offices,  reading  rooms  and  other 
purposes,  be,  and  they  are  hereby  incorporated  for  holding  in 
fee  simple,  and  managing  the  affiiirs  of  the  said  estate,  which  is 
divided  into  fifty  shares.  And  they  are  authorized  to  use  a 
common  seal,  and  to  establish  such  by-laws,  relating  to  the 
said  Corporation,  as  are  not  repugnant  to  the  constitution  and 
laws  of  this  Commonwealth  ;  provided,  the  annual  income  of 
said  Corporation  shall  not  exceed  the  sum  of  fifteen  hundred 
dollars. 

Sect.  2.     Be  it  further  enacted.   That  said  Joseph  Kurd  be  Authorizeci  to 
authorized  to  call  the  first  meeting  of  the  said  corporation,  by  call  a  meeting. 


504  1813. ' Chap.  64—71. 

a  written  notification  to  each  member,  at  least  three  days  be- 
fore the  time  of  meeting.     [June  16,  1813.] 

Chap,  64.        An  Act  in  addition  to  an  Act,  entitled,  "  An  Act  to  incorporate  certain  Proprie- 
1799  ch.  79.  tois  of  Fresh  Pond  Meadow'^,  in  the  Town  of  Cambridge,  in  the  county  of  Mid- 

CV.  2.  p.  376.)        dlesex,  for  the  purpose  of  draining  said  meadows." 

^  '  '  BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
Justice  to  is-  upon  the  application  of  six  or  more  of  the  Proprietors  of  Fresh 
sue  v/arrau  .  p^^j  Meadows,  to  any  Justice  of  the  Peace  in  the  said  county 
of  JJiddlesex,  said  justice  is  hereby  authorized  to  issue  his  war- 
rant, directed  to  one  of  said  proprietors,  to  notify  a  meeting  of 
said  proprietors  at  such  time  and  place,  and  for  such  purposes, 
as  shall  be  expressed  in  said  warrant ;  which  warrant,  and  the 
notification  thereon,  shall  be  published  in  one  of  the  Boston 
newspapers,  and  shall  also  be  posted  in  some  public  place  in 
each  of  the  towns  of  Cambridge,  Charlestown,  and  Watertown, 
such  publication  to  be  ten  days  at  least  before  the  time  of 
meeting  ;  and  any  future  meeting  may  be  called  in  like  man- 
ner at  any  time,  on  the  application  as  aforesaid  of  six  or  more 
of  the  said  proprietors,  and  proceedings  had  as  aforesaid. 
[June  16,  1813.] 

ChaVt  67.  -^"  ^^"^  *'-'   ''^tfii'  ^"^  change  the  Names  of  certain  persons  therein  mentioned. 

BE  it  enacted  hy  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  after  the  passing  of  this  act,  Samuel  Torrey  of  Bos- 
ton, in  the  county  of  Suffolk,  son  of  William  Torrey  of  Men- 
don,  in  the  county  of  Worcester,  shall  be  allowed  to  take  the 
name  of  Samuel  Davenport  Torrey  ;  that  Joseph  Smith  of  Sa- 
lem, in  the  county  of  Essex,  son  of  Joseph  Smith  of  Rowley, 
in  said  county,  shall  be  allowed  to  take  the  name  of  Joseph 
JVames altered.  Baker  Smith;  that  Chauncey  Whittlesey  Coats  of  Middlefield, 
in  the  county  of  Hampshire,  shall  be  allowed  to  take  the  name 
of  Chauncey  Coats  ;  that  Zebedee  Macomber,  2d,  of  Westport, 
in  the  county  of  Bristol,  shall  be  allowed  to  take  the  name  of 
Zebedee  Augustus  Macomber ;  that  William  Woodbury  of  Hal- 
lowell,  in  the  county  of  Kennebeck,  Printer,  shall  be  alloAved 
to  take  the  name  of  William  Augustus  Woodbury ;  that  James 
Bowdoin  Winthrop,  son  of  Thomas  L.  Winthrop,  Esq.  of  Bos- 
ton, in  the  county  of  Suffolk,  a  minor,  shall  be  allowed  to  take 
the  name  of  James  Bowdoin.  And  the  several  persons  before 
named,  from  the  time  of  the  passing  of  this  act,  shall  be  called 
and  known  by  the  names,  which  by  this  act  they  are  respec- 
tively allowed  to  take  and  assume,  as  aforesaid  ;  and  the  said 
names  shall  forever  hereafter  be  considered  as  their  only  pro- 
per and  legal  names,  to  all  intents  and  purposes.  [June  16, 
1813.] 

Chao    71  An  Act  to  set  off  the  Eaton  farms,  so  called,  with  the  inhabitants  thereof,  from 

"*        '  the  First  Parish  of  South  Reading,  and  to  annex  the  same  to  the  Second  Parish 

in  Reading, 

BE  it  enacted  by  the   Senate  and  House  of  Representatives,  in 

General  Court  assembled,  and  by  the  authority  of  the  same.  That 

Lands  set  off     ^^om  and  after  the  passing  of  this  act,  all  the  parts  and  parcels 

from  first  pa-     of  lands,  formerly  belonging  to  the  Eaton  farms,  so  called, 

tish.  -^  <->     vj 


1813. Chap.  71—82.  ^5 

lying  within  the  town  of  Reading,  and    all  persons  residing 
thereon,  be,  and  the  same  are  hereby  set  ofl'  from  the  first  pa- 
rish, or  the  parish  in  South-Reading,  and  annexed  to  the  second 
or  west  parish  in  Reading,  to  all  intents   and  purposes.     [June       , 
16,  1813.J 

An  Act  to  incorporate  The  Hampden  Cotton  Manufacturing  Company.  Chap.  74. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  b/  the  anlhority  of  the 
same,  That  Joel  Norcross,  Ward  Woodbridge,  Eti  Goodwin,  Persons  incor- 
Russell  Talcott,  Timothy  Packard,  jun.  Amos  Norcross,  P"'^^'"*- 
John  Avery,  together  with  such  others  as  have,  or  may  here- 
after associate  with  them,  their  successors  and  assigns,  be,  and 
they  are  hereby  made  a  Corporation,  by  the  name  of  The 
Hampden  Cotton  Manufacturing  Company,  for  the  purpose  of 
manufacturing  cotton  and  woollen  cloth  and  yarn,  in  the  town  of 
Monson,  in  the  county  of  Hampden  ;  and,  for  the  purpose 
aforesaid,  shall  have  all  the  powers  and  privileges,  and  shall 
be  subject  to  all  the  duties  and  requirements,  contained  in  an 
act  passed  the  third  day  of  March,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  nine,  entitled  "  An  Act,  de-  (1808  ch.  65.) 
fining  the  general  powers  and  duties  of  Manufacturing  Cor- 
porations." 

Sect.  2.      Be    it  further    enacted,    That    said    corporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate,  not 
exceeding  the  value  of  one  hundred  thousand  dollars,  and  such   May  hold  real 
personal  estate,  not  exceeding  three  hundied  thousand  dollars,  esiat^!"^^""^ 
as  may  be  necessary  and  convenient  for  carrying  on  the  manu- 
facture aforesaid.     [Jan.  20,  1814.] 

An  Act  to  incorporate  William  Bartlett  and  others,  into  a  Company  by  the  name    Chap.  82. 
of  The  Merrimack  Insurance  Company.  ^ 

Sect.  1.     BE  it  enacted  hy  the  Senate   and   House   of  Repre- 
sentatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  William  Bartlett,  Jeremiah  Nelson,  Nicholas  Pike,  Persons  incor- 
and  others,  and  such  persons  as   have  already,  or  hereafter  i'°^"^'^<^* 
shall  become  Stockholders  in  said  Company,  being  citizens  of 
the  United  States,  be,  and   they  hereby  are  incorporated   into 
a  Company  and  body  politic,  by  the  name  of  The   Merrimack  Name. 
Insurance  Company,  for  and  during  the  term  of  twenty  years 
after  the  passing  of  this  act,  and  by  that   name   may  sue,  and 
be  sued,  plead  and  be  impleaded,   appear,   prosecute,  and  de-  Powers, 
fend  to  final  judgment  and  execution,  and  have  a  common  seal, 
which  they  may  alter  at  pleasure,  and  may  purchase,  hold,  and 
convey  any  estate,  real  or  personal,  for  the  use   of  said  Com- 
pany, subject  to  the  restrictions  hereinafter  mentioned. 

Sect.  2.  Be  it  further  enacted.  That  a  share  in  (he  capital 
stock  of  the  said  Company  shall  be  one  hundred  dollars,  and 
the  number  of  shares  shall  be  one  thousand,  and  if  the  said  Number  of 
number  of  shares  are  not  already  filled,  subscriptions  shall  be  ^"^"^* 
kept  open  under  the  inspection  of  the  President  and  Direc- 
tors of  the  said  Company,  until  the  same  shall  be  filled  ;  and 
the  whole  capital  stock,  estate  or  property,  which  the  said 
Company  shall  be  authorized  to  hold,  shall  never  exceed  one 

VOL.  IV.  64 


506 


1813. 


Chap.  82. 


Management 
of  property. 


Proviso. 


Election  of 
President. 


By-laws, 
Rules,  &c. 


hundred  thousand  dollars,  exclusive  of  premium  notes,  or  prO' 
fits  arising  from  said  business  ;  of  which  capital  stock,  or  pro- 
perty, a  sum  not  exceeding  thirty  thousand  dollars,  may  be  in- 
vested in  real  estate. 

Sect.  3.  Be  it  further  enacted,  That  the  stock,  property, 
affairs  and  concerns  of  said  Company,  shall  be  managed  and 
conducted  by  thirteen  Directors,  one  of  whom  shall  be  Presi- 
dent thereof,  who  shall  hold  their  offices  for  one  year,  and 
until  others  shall  be  chosen,  and  no  lon^^jer ;  which  Directors 
shall,  at  the  time  of  their  election,  be  stockholders  and  citizens 
of  this  Commonwealth,  and  not  Directors  in  any  other  Com- 
pany, carrying  on  the  business  of  Insurance,  and  shall  be  elect- 
ed on  the  first  Tuesday  in  January  in  each  and  every  year,  at 
such  times  of  the  day,  and  at  such  place  in  the  town  of  New- 
buryport,  as  a  majority  of  the  Directors  for  the  time  being 
shall  appoint;  of  which  election  public  notice  shall  be  given  in 
all  the  newspapers,  which  are  at  the  time  printed  in  Newbury- 
port,  and  continued  for  ten  days  immediately  preceding  such 
election ;  and  such  election  shall  be  holden  under  the  inspec- 
tion of  three  stockholders,  not  being  Directors,  to  be  appointed 
previous  to  every  election  by  the  Directors,  and  shall  be  made 
by  ballot  by  a  majority  of  votes  of  the  stockholders  present, 
allowing  one  vote  to  each  share  in  the  capital  stock:  Provid- 
ed, That  no  stockholder  shall  be  allowed  more  than  twenty 
votes,  and  the  stockholders  not  present  may  vote  by  proxy, 
under  such  regulations  as  the  said   Company  shall  prescribe. 

Sect.  4.  Be  it  further  enacted,  That  the  Directors  so  chosen 
shall  meet  as  soon  as  may  be,  after  every  election,  and  shall 
choose  out  of  their  body,  one  person  to  be  President,  who  shall 
preside  for  one  year,  and  until  another  shall  be  chosen,  and 
shall  be  sworn  faithfully  to  discharge  the  duties  of  his  office; 
and  in  case  of  the  death,  resignation,  or  inability  to  serve  of 
the  President,  or  any  Director,  such  vacancy  or  vacancies  shall 
be  filled  for  the  year  in  which  they  may  happen,  by  spe- 
cial election  for  that  purpose,  to  be  held  in  the  same  manner 
as  is  herein  before  directed  respecting  annual  elections  for 
Directors  and  President. 

Sect.  5.  Be  it  further  enacted,  That  the  President  and  six 
of  the  Directors,  (or  seven  of  the  Directors  in  the  absence  of 
the  President)  shall  be  a  board  competent  to  transact  business, 
and  all  questions  before  them  shall  be  decided  by  a  majority 
of  votes  ;  and  they  shall  have  power  to  make  and  prescribe 
such  by-laws,  rules,  and  regulations,  as  to  them  shall  appear 
needful  and  proper,  touching  the  management  and  disposition 
of  the  stock,  property,  estate  and  effects  of  said  Company, 
and  the  transfer  of  shares,  and  touching  the  duties  and  con- 
duct of  the  several  officers,  clerks,  and  servants  employed,  and 
the  election  of  Directors,  and  all  such  matters  as  appertain  to 
the  business  of  insurance,  and  shall  also  have  power  to  appoint 
a  secretary,  and  so  many  clerks  and  servants  for  carrying  on 
the  said  business,  and  with  such  salaries  and  allowances  to 
them  and  to  the  President,  as  to  the  said  board  shall  seem  meet ; 


1813. Chap.  82.  507 

Provided,  such  by-laws,  rules,  and  regulations,  shall  not  be  re-  Proviso, 
pugnant  to  the  constitution  and  laws  of  this  Commonwealth. 

Sect.  6.     Be  it  further  enacted,    That  there  shall  be  stated 
meetings  of  the  Directors,  at  least  once  in  every  month,  and  Meetings  of 

<-•!•  1  iT>-i  IT)  If  T~v      Uiiectors. 

as  often  within  each  month  as  the  {-resident  and  board  ot  U\- 
rectors  shall  deem  proper ;  and  the  President,  and  a  commit- 
tee of  three  Directors,  to  be  by  him  appointed  in  rotation, 
shall  assemble  daily,  if  need  be,  for  the  dispatch  of  business ; 
and  the  said  Board  of  Directors,  and  the  committee  aforesaid, 
at  and  during  the  pleasure  of  the  said  Board,  shall  have  power 
and  authority,  on  behalf  of  the  Company,  to  make  insurance  Property  in- 
upon  vessels,  freight,  money,  goods  and  eilects,  and  against 
captivity  of  persons,  and  on  the  life  of  any  person  during  his 
absence  by  sea,  and  in  cases  of  money  lent  upon  bottomry 
and  respondentia,  and  to  fix  the  premiums  and  terms  of  pay- 
ment; and  all  policies  of  insurance  by  them  made,  shall  be 
subscribed  by  the  President,  or  in  case  of  his  death,  sickness, 
inability  or  absence,  by  any  two  of  the  Directors,  and  coun-  Provision  in 
tersigned  by  the  Secretary,  and  shall  be  binding  and  obliga-  sence°or^death. 
tory  upon  the  said  company,  and  have  the  like  eflect  and  force, 
as  if  under  the  seal  of  said  company  ;  and  the  assured  may 
thereupon  maintain  an  action  upon  the  case  against  the  said 
Company,  and  all  losses  duly  arising  under  any  policy,  so  sub- 
scribed, may  be  adjusted  and  settled  by  the  President  and 
Board  of  Directors,  and  the  same  shall  be  binding  on  the  Com- 
pany. 

Sect.  7.     Be    it  further  enacted,  That  it  shall   be  the  duty 
of  the  Directors,  on  the  third  Tuesday- of  April  and  October  in  i>utyof  tiie 
every  year,  to  make  dividends  of  so  much  of  the  interest,  aris-  ^"eciois- 
ing  from  the  capital  stock  and  profits  of  the   said  Companj^,  as 
to  them  shall  appear  advisable,  but   the  monies  received   and- 
notes  taken  for  premiums   on  risks  which  shall  be  outstanding, 
at  the  time  of  making  such  dividends,  shall  not  be   considered 
as  part  of  the   profits   of  the   Company  ;  and   in   case   of  any 
loss  or  losses,  whereby  the  capital  stock  of  the  Company  shall  Stockiiolders 
be  lessened   before  the  whole   amount  of  the  stock   is  paid  in,  estates  ac- 

1  •  .111,  1      11   1       1     1  1        "^  countable 

each  proprietor  or  stockholders  estate  shall  be  held  accounta-  in  case 
ble  for  the  deficiency  that  may  be  due  on  his  share,  or  shares, 
at  the  time  of  said  loss,  or  losses  taking  place,  to  be  paid  into 
the  said  Company,  by  assessments,  or  such  other  mode,  and 
at  such  lime  or  times  as  the  Directors  shall  order  ;  and  no  sub- 
sequent dividend  shsill  be  made,  until  a  sum  equal  to  such  di- 
minution shall  have  been  added  to  the  capital ;  and  that  once 
in  every  two  years,  and  oftener,  if  required  by  a  majority  of 
votes  of  the  stockholders,  the  Directors  shall  lay  before  the 
stockholders  at  a  general  meeting,  an  exact  and  particular 
statement  of  the  profits,  if  any  there  be,  after  deducting  losses 
and  dividends. 

Sect.   8.     Be  it  further  enacted.  That  the  said  Company  shall 
not  directly  or  indirectly  deal  or  trade  in  buying  or  selling  any 
goods,  wares  or  merchandize,  or  commodities  whatsoever,  and 
the  capital  stock  of  said  Company  after  being  collected  at  each  investment 
instalment,  shall,  within  six  months  after  payment  of  each  in-  °^"^^  ^""'^^' 


508  1813. Chap.  82. 

stalment,  be  invested  either  in  the  funded  debt  of  the  United 

States,  or  of  this  Commonwealth,  or  in  the  stock  of  the  United 

States'  Bank,  or  of  any  incorporated  Bank   in  this    Coramon- 

weahh,  at  the  direction  of  the  President  and  Directors  of  the 

said  Company,  or  of  other  officers,  which  the  proprietors  shall 

for  such   purposes  appoint. 

Payment  of  Sect.  9.     Be  it  further  enacted^  That  the  whole  of  the  capi- 

shares.  ^g|   g^Qck  of  said  Company,  shall  be  paid  in,  on  or  before  the 

(1814  ch.  82.)    ]5ti^  cjay  of  April  next,  and  under  such  penalties  as  the  said 

company  shdU  direct. 
Members'  Sect.   10.     Be  it  further  enacted,  That  the  property  of  any 

property  liable  member  of  Said  company,  vested  in  the  stock  of  said  company, 
to  attachment,  gj^^j]  |^g  liable  to  attachment,  and  to  the  payment  and  satisfac- 
tion of  his  just  debts,  to  any  of  his  bona  fide  creditors,  in  man- 
ner following,  to  wit :  in  addition  to  the  summons  by  law  pre- 
scribed to  be  left  with  the  defendant,  a  like  summons  shall  be 
left  with  the  secretary  of  said  company,  and  the  debtor's  share 
or  shares  in  the  said  company's  funds,  together  with  the  in- 
terest and  profits  due  or  growing  due  thereon,  or  so  much 
thereof  as  shall  be  sufficient,  shall  thereby  be  held  to  respond 
said  suit  according  to  law  ;  and  all  transfers  of  the  debtor's 
shares,  not  noted  in  the  books  of  the  company,  previous  to  the 
delivery  of  such  summons,  shall  be  barred  thereby,  and  execu- 
I  tion  may  be  levied  upon  the  property  of  any  stockholder  in 

said  company,  and  his  share  or  shares  therein  exposed  to  sale 
in  the  same  manner  as  is  by  law  prescribed   where  personal 
Duty  of  officer  estate  is  taken  in  execution  ;  and  it  shall  be  the  duty  of  the 
who  extend  the  officer  who  extends  such  execution,  to  leave  an   attested  copy 

execution^  i  *•' 

thereof,  with  his  doings  thereon,  with  the  Secretary  of  said 
company,  and  the  purchasers  shall  thereupon  be  entitled  to 
the  reception  of  all  dividends  and  stocks  which  the  debtor  was 
^  previously  entitled  to  ;  and  upon  any  attachment  being  made, 

or  execution  levied  on  zwj  shares  in  said  company,  it  shall  be 
the  duty  of  the  Secretary  of  said  company  to  expose  the  books 
of  the  company  to  the  officer,  and  to  furnish  him  with  a  certifi- 
cate under  bis  hand,  in  his  official  capacity,  ascertaining  the 
number  of  shares  the  debtor  holds  in  said  company,  and  the 
amount  of  the  dividends  due  thereon. 
Penalty  for  Sect.  11.     Be  it  farther  enacted,    That  in  case  of  any  loss 

subscribing  po-  ^^  losscs  taking  placc  that  shall  be  equal  to  the  amount  of  the 

licy  alter  loss,  .      ,  ^         r     \  •  i  i      i        r»         •  i  t>v 

capital  stock  oi  the  said  company,  and  the  1  resident  or  Direc- 
tors, after  knowing  of  such  loss  or  losses  taking  place,  shall 
subscribe  to  any  Policy  of  Insurance,  their  estates,  jointly  and 
severally,  shall  be  accountable  for  the  amount  of  any  and 
every  loss  thai  shall  take  place,  under  policies  thus  subscribed. 
Bhaii  publish  Sect.  1 2.  Be  it  further  enacted.  That  the  President  and 
iisks,  &c.  Directors  of  said  company  shall,  previous  to  their  subscribing 
to  any  policy,  and  once  in  every  year  after,  publish  in  all  the 
newspapers  printed  at  the  time  in  Newburyport,  the  amount  of 
their  stock,  against  what  risks  they  mean  to  insure,  and  the 
largest  sums  they  mean  to  take  on  any  one  risk. 

Sect.   13.     Be  it  further  enacted,    That  the   President  and 
ftatimTnt'of     Directors  of  said  company  shall,  when  and  as  often  as  requir= 

affairs. 


1813. Chap.  82—84.  509 

cd  by  the  Legislature  of  this  Commonwealth,  lay  before  them 
a  statement  of  the  affairs  of  said  company,  and  submit  to  an 
examination  concerning  the  same  under  oath. 

Sect.  14.  Be  it  Jurther  enacted,  That  William  Bartlett  and  May  call  a 
Nicholas  Pike  are  hereby  authorized  to  call  a  meeting  of  the  meeting. 
members  of  said  company,  as  soon  as  may  be,  in  Newbury  port, 
by  advertising  the  same  for  three  weeks  successively  in  the 
newspaper  printed  in  said  town,  for  the  purpose  of  electing  the 
first  Board  of  Directors,  who  shall  continue  in  office  until  the 
first  Tuesday  of  January  next  following,  and  until  others  are 
chosen  in  their  room. 

Sect.   15.     Be  it  further  enacted,    That    the    Newburyport  May  dissolve 
Marine  Insurance  Company,   and  the   Merrimack  Marine  and  corporation. 
Fire  Insurance  Company,  in  Newburyport,  may,  at  any  meet- 
ing duly  called  therefor,  dissolve  their  respective  corporations ; 
and    each  of  said  companies  may  appoint  a  committee  to  col-  (1814  ch.  177.) 
lect  the  debts  due  to,  and  settle  all  demands  against  the  said 
corporations,  with  the  same  powers  therefor  as  the  Presidents 
and  Directors  of  said  companies  now  have.     And  it  shall  be 
the  duty  of  committees  so  chosen,  to  apportion   the  residue  of 
their  funds  among  the  stockholders  of  said  companies  respec- 
tively, according  to  the  number  of  shares  by  them   holden  in 
said  corporation,  and  to  adopt  all  proper  measures  for  bringing 
the  concerns  of  the  said  companies  to  a  close.     [Feb.  1,1814.] 
Add.  acts— 1814  ch.  160.  177.  _^^_______ 

An   Act  to  incorporate   The  Massachusetts  File  Manufacturing  Company.        Chap.  83. 

Sect.   1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Selh  Boyden,  jun.  Warren  Dutton,  their  associates,  persons  incor-. 
successors  and  assigns,  be,  and  they  hereby  are  made  a  corpo-  porated. 
ration,  by  the  name  of  The  Massachusetts  File  Manufacturing 
Company,  for  the   purpose  of  manufacturing  files  and  other 
manufactures  of  iron   and  steel,  at  Sharon,  in  the  county  of 
Norfolk,  and  Boston,  in  the  county  of  Suffolk  5  and    for   this 
purpose   shall  Have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  and  requirements  contained  in  an  act,  pas-       ^ 
sed  the  third  day  of  March,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  nine,  entitled,  "An  Act  defining  the  (i803ch.65,) 
general  powers  and  duties  of  Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  the  capital  stock  of  May  hold  real 
said  corporation  shall  not  exceed  two  hundred  thousand  dol-  gs^^te!''""^^ 
lars ;  and  they  may  be  lawfully  seized  and  possessed  of  such 
real  estate  as  may  be  necessary  and  convenient  for  the  pur- 
poses aforesaid,  not  exceeding  the  value  of  thirty  thousand  dol- 
lars, exclusive  of  the  buildings  and  improvements  that  may  be 
made  thereon,  by  the  said  corporation.     [Fe6.  3,  1814.] 

An  Act  to  incorporate  The  West-Boylston  Manufacturing  Company.  C/lflO.  84. 

Sect.   1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court    assembled,  and  by   the  authority  of  the 
same.  That  Silas  Newton,  Peter  Holmes,  Frazier  Sargent,  Al-  Persons  incor- 
pheus  Smith,-  John  Woodcock,  James  Smith,  Aaron  Morse,  porated. 


510 


1813. 


Chap.  84—88. 


Henry  Sargent,  Thomas  Holmes,  Joseph  White,  Elisha  Mirick, 
and  their  associates,  successors  and  assigns,  be,  and  they  here- 
by are  made  a  Corporation,  by  the  name  of  The  West-Boyl- 
ton  Manufacturing  Company,  for  the  purpose  of  manufacturing 
cotton  and  woollen  cloths  and  fine  wire,  at  West-Boylston,  in  the 
county  of  Worcester  ;  and  for  this  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements contained  in  an  act,  passed  the  third  day  of  March, 
(1808  ch.  65.)  eighteen  hundred  and  nine,  entitled,  "An  Act  defining  the 
general  powers  and  duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enacted,  That  the  capital  stock  of 
said  Corporation  shall  not  exceed  one  hundred  and  forly-four 
thousand  dollars  ;  and  they  may  be  lawfully  seized  and  pos- 
sessed of  such  real  estate,  as  may  be  necessary  and  convenient 
for  the  purposes  aforesaid,  not  exceeding  the  value  of  thirty- 
four  thousand  dollars,  exclusive  of  buildings  and  improve- 
ments that  may  be  made  thereon  by  said  corporation.  [Feb. 
3,  1814.] 


May  hold  real 
and  personal 
estate. 


Chap.  85. 


180S  ch.  2. 
(V.  3.  p.  602.) 


Parishes 
anited. 


An  Act  to  unite  the  Parishes  in  Fitchburgh. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
an  act,  entitled,  "  An  Act  to  incorporate  a  number  of  the  inha- 
bitants of  the  town  of  Fitchburgh,  in  the  county  of  Worcester, 
into  a  religious  society,  by  the  name  of  the  Calvinistic  Congre- 
gational Society  in  Fitchburgh,"  passed  on  the  fourteenth  day 
of  June  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  five,  be,  and  hereby  is  repealed  ;  and  the  Calvinistic  Con- 
gregational Society  in  Fitchburgh,  and  the  First  Parish  in  said 
town,  shall  hereafter  constitute  one  parish  :  Provided  however, 
That  both  of  said  parishes  shall  be  holden,  in  their  corporate 
capacity,  to  perform  all  contracts  and  agreements  already  en- 
tered into.  And  the  Calvinistic  Congregational  Society  in 
Fitchburgh  shall  have  power,  in  their  corporate  capacity,  to 
convey  or  otherwise  dispose  of  any  real  or  personal  estate, 
which  now  belongs  to  said  corporation.     [Feb.  3,  1814.] 


Chap.  88. 


Persons  in- 
c'orporated. 


An  Act  to  incoiporate  The  Gay  Cotton  Manufacturing  Company  in  Stoughton. 
Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Lemuel  Gay,  Otis  Briggs,  Simeon  Presbee,  jun. 
Ephraim  Stephens,  Isaac  Reynolds,  Seth  Pratt,  Nathan  Drake, 
3d.  Joseph  Battles,  Benjamin  Battles,  and  John  Gay,  together 
with  such  others  as  have  or  may  hereafter  associate  with  them, 
their  successors  and  assigns,  be,  and  they  are  hereby  made  a 
corporation,  by  the  name  of  the  Gay  Cotton  Manufacturing 
Company,  for  the  purpose  of  manufacturing  cotton  goods,  in 
the  town  of  Stoughton,  in  the  county  of  Norfolk  ;  and  for  the 
purpose  aforesaid,  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  and  requirements  contained  in 
an  act,  passed  the  third  day  of  March,  in  the  year  of  our  Lord 
(1808  ch.  65.)  one  thousand  eight  hundred  and  nine,  entitled,  "  An  Act  defin- 
ing the  general  powers  and  duties  of  manufacturirtg  corpora' 
tions," 


1813. Chap.  88—90.  511 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may  May  hold  real 
be  lawfully  seized,   and  possessed   of  such  real,  estate,  not  ex-  *"tate"*°°^^ 
ceeding  the  value  of  fifty  thousand  dollars,  and  such  personal 
estate,  not  exceeding  one  hundred  thousand  dollars,  as   may 
be  necessary  and  convenient  for  carrying  on  the  manufacture 
aforesaid.     [Feb.  4,  1814.] 

An  Act  to  incorporate  The  Boston  Porcelain  and  Glass  Company.  Ohctp»  89» 

Sect.  1.    BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Jesse  Putnam,  Thomas   Curtis,  and  George  Blake,  with  Persons  incor- 
such  others  as  already  have  associated,  or  hereafter  may  asso-  P""^^'^  • 
ciate  with   them,   their  successors   or  assigns,  be,  and  hereby 
are  made  a  corporation,  by  the  name  of  the  Boston  Porcelain 
and  Glass  Company,  for  the  purpose  of  manufacturing  earthen 
ware  and  glass  of  all  kinds,  at  any  place  or  places,  within  the 
Commonwealth,  not  exceeding  three,  and  for  that  purpose  shall 
have  all  the  powers  and  privileges,  and  be  subject   to  all  the 
duties  and  requirements  contained  in  an  act,  passed  the   third 
day  of  March,  one  thousand  eight  hundred  and  nine,  entitled, 
'' An  Act  defining  the  general  powers  and  duties  ofmanufac-  (1808  ch.  65.) 
turing  corporations." 

Sect.  2.     Be  it  further  enacted,  That  said   corporation  may  May  hold  real 
be  lawfully  seized   and   possessed  of  such   real  estate,  not  ex-  and  personal 
ceeding  fifty  thousand  dollars,  and  such  personal  estate,  not  ^^*^'^' 
exceeding  one  hundred  and  fifty  thousand  dollars  in  value,  as 
may  be  necessary  and  convenient   for  carrying  on   the  afore- 
said manufacture.     [Feb.  4,  1814.] 

An  Act  to  incorporate  the  President,   Directors,   and  Company  of  the  Springfield  C/haj)t  90. 
Bank.  *  * 

Sect.  1.     BE  it  enacted  by   the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,    That  Jonathan   Dwight,    John  Hooker,   George   Bliss,  Persons  incor- 
James  Byers,  James  S.  Dwight,  Justin  Ely,  Jonathan  Dwight,  porated. 
jun.  Moses  Bliss,  jun.  Edward  Pynchon,  and  Oliver  B.  Morris, 
their  associates,  successors,  and  assigns,  shall  be,  and  hereby 
are  created  a  corporation,  by  the  name  of  The  President,  Di- 
rectors, and  Company  of  the  Springfield  Bank,  and  shall  so  con- 
tinue until  the  first  day  of  October,  which  will  be  in  the  year  "^'"^  incorpo- 
of  our  Lord  one  thousand  eight  hundred  and  thirty-one;  and  ' 
by  that  name  shall  be,  and  hereby  are  made  capable  in  law 
to  sue,  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended,  in  any  Courts  of  Record,  or  any  place  whatever; 
and  also  to  make,  have,  and  use  a  com"'on  seal,  and  to  ordain, 
establish  and  put  in  execution  such  by-laws,  ordinances,  and 
regulations,  as  to  them  may  appear  necessary  and  convenient 
for  the  government  of  the  said  corporation,  and  the  prudent         , 
management  of  their  affairs :  Provided  such  by  laws,  ordinances,  Proviso, 
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. 


512 


1813. 


Chap.  90. 


(Capital  alter 
ed— 

1814  ch.  60. 

1815  ch.  110. 
1817  ch.  55.) 
(Time  enlarg- 
ed- 
IBM  ch.  1. 
1815  ch.  no. 

■1817  ch.  115.) 


Proviso. 


(1811  ch.84.) 


Proviso. 


Debts  not  to 
exceed  fifty 
per  cent. 


Shall  loan  to 
the  Coramon- 
wealth. 

(1314  ch.  60.) 


Proviso. 


Sect.  2.     Be  it  further  enacted,  That  the  capital  stock  of  the 
said  corporation  shall  consist  of  the  sum  of  two  hundred  thousand 
dollars,  in  gold  and  silver,  divided  into  shares  of  one  hundred  dol- 
lars each,  to  be  paid  in  four  equal  instalments :  the  first,  on  the 
first  day  of  June  next;  the  second,  on  the  first  day  of  Decem- 
ber next ;  the  third,  on   the  first  day  of  June  next  after ;  and 
the  fourth,  on  the  first  day  of  December  next  after.     And  the 
stockholders,  at  their  first  meeting,  shall,  by  a  majority  of  votes, 
determine  the  mode  of  transferring  and  disposing  of  said  stock 
and  the  profits  thereof;  which,  being  entered  on   the  books  of 
said  corporation,  shall  be  binding  on  the  stockholders,  their 
successors  and  assigns.     And  the  said  corporation  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  hereditaments,  to  the  amount  of  thirty 
thousand  dollars,  and  no  more  at  any  one  time ;  with  power  to 
bargain,  sell  and  dispose  of  the  same,  and  to  loan  and  negotiate 
their  monies  and  effects,  by  discounting  on  banking  principles, 
on  such  security  as  they  shall  think  proper  :  Provided  however^ 
Thai  nothing  herein  contained   shall  restrain   or  prevent  the 
said  corporation  from  taking  and  holding  real  estate  in  mort- 
gage or  on  execution,  to  any  amount,  as  security  for,  'or  in 
payment  of  any  debts  due  to  the  said  corporation  :  ^nd  provided 
further,  That  no  monies  shall  be  loaned  or  discounts   made, 
nor  shall  any  bills  or  promissory  notes  be  issued  from  said 
bank,  until  the  capital  subscribed,  and  actually  paid  in,  and 
existing   in  gold   and  silver  in  their  vaults,  shall  amount  to 
fifty  thousand  dollars. 

Sect.  3.  Be  it  further  enacted.  That  the  rules,  limitations, 
and  provisions,  which  are  provided  in  and  by  the  third  section 
of  an  Act,  entitled,  "  An  Act  to  incorporate  the  President,  Di- 
rectors and  Company  of  the  State  Bank,"  shall  be  binding  on 
the  bank  hereby  established  :  Provided,  That  the  bond  requir- 
ed to  be  given  by  the  Cashier  shall  be  given  in  the  penalty  of 
twent}'  thousand  dollars;  that  the  number  of  Directors  to  be 
annually  chosen  shall  be  five,  and  three  may  constitute  a  quo- 
rum for  the  transaction  of  business.  And  provided  also.  That 
the  amount  of  debts,  at  any  one  time  due  from  said  bank,  shall 
not  exceed  fifty  per  centum  beyond  their  capital  stock  actually 
paid  in. 

Sect.  4.  Be  it  further  enacted.  That  the  said  Bank  shall  be 
established  and  kept  in  the  town  of  Springfield,  in  the  county 
of  Hampden. 

Sect.  5.  Be  it  further  enacted.  That  whenever  the  Legis- 
lature shall  require  it,  the  said  corporation  shall  loan  to  the 
Commonwealth  any  sum  of  money,  that  may  be  required,  not 
exceeding  twenty  thousand  dollars  at  any  one  time,  reimbursa- 
ble by  five  annual  instalments,  or  at  any  shorter  period,  at  the 
election  of  the  Commonwealth,  with  the  annual  payment  of  in- 
terest at  a  rate  not  exceeding  five  per  centum  per  annum  : 
Provi  Led  hoioever.  That  the  Commonwealth  shall  never,  at  any 
one  time,  stand  indebted  to  the  said  corporation,  without  their 
consent,  for  a  larger  sum  than  thirty  thousand  dollars. 


1813. Chap/  90.  513 


Sect.  6,     Be  it  further  enacted,  That  any  committee,  special-  Legii=lative 
\y  appointed  by  the  Legislature  for  that  purpose,  shall  have  a  ^^^^l^^^  ""^^ . 
right  to  examine  into  the  doings  of  said  corporation,  and  shall  books,  &c. 
have  free  access  to  all  their  books  and  vaults;  and  if,  upon 
such  examination,  it  shall  be  found,  and  after  a  full  hearing  of 
said  corporation  thereon,  be  determined  by  the  Legislature  that 
said  corporation  have  exceeded  the  powers  herein  granted  ihem, 
or  failed  to  comply  with  any  of  the  rules,  restrictions  ok  con- 
ditions in  this  Act  provided,  the  incorporation  shall  thereupon 
be  declared  forfeited  and  void. 

Sect.  7.  Be  it  further  enacted,  That  the  persons  herein  be-  May  call  a 
fore  named,  or  a  majority  of  them,  are  authorized  to  call  a  meet-  meeting. 
ing  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  three  weeks  successively,  in  the  Hamp- 
den Federalist,  printed  at  Springfield,)  for  the  purpose  of  mak- 
ing, ordaining  and  establishing  such  by-laws,  ordinances,  and 
regulations,  for  the  orderly  conducting  the  aifairs  of  the  said 
corporation,  as  the  said  stockholders  shall  deem  necessary; 
and  for  the  choice  of  the  first  Board  of  Directors,  and  such 
other  officers  as  they  shall  see  fit  to  choose. 

Sect.  8.     Be  it  further  enacted,  That  it  shall  he  the  duty  of  ^hi\l  transmit 
the  Directors  of  said   Bank   to   transmit   to  the  Governor  and  statement  of 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six  ^"O"'^*^ 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac- 
curate and  just  statements  of  the  amount  of  the  capital  stock  of 
said   corporation,  and  of  debts  due   the  same,   of  the  monies 
deposited  therein,  of  the  notes  in  circulation,  and  of  the  gold, 
silver  and  copper  coin,   and  the  bills  of  other  banks  on  hand  ; 
which  statement  shall  be  signed  by  the  Directors  and  attested 
by  the  Cashier,   and   shall  be  verified  by  oath,  before  some 
person  competent  to  administer  the  same. 

Sect.  9.  Be  it  further  enacted,  That  the  Commonwealth  Common- 
shall  have  a  ri^jht,  whenever  the  Leerislalure  shall  make  provi-  wealth  may 
sion  by  law,  to  subscribe,  on  account  of  the  Commonwealth,  a 
sum  not  exceeding  fifty  thousand  dollars,  to  be  added  to  the 
capital  stock  of  said  company,  subject  to  such  rules,  regulations 
and  provisions,  as  shall  be  by  t-he  Legislature  made  and  estab- 
lished, as  to  the  management  thereof. 

Sect.  10.     Be  it  further  enacted^    That  the  said  corporation  Shall  pay 
shall  be  liable  to  pay  to  any  bona  fide  holder,  the  original  amount  altered  notes, 
of  any  note  of  said  bank,  altered  in  the  course  of  its  circula- 
tion to  a  larger  amount,  notwithstanding  such  alteration. 

Sect.  11.     Be  it  further  enacted.    That  the  snid  corporation  shall  pay  tax 
from  and  after  the  first  day  of  June  next,  shall   pay,  by  way  to  the  Trea 
of  a  tax,  to  the  treasurer  of  this  Commonwealth,  for  the  use  ^"''^'"* 
of  the  same,  within  ten  days  after  each  semi-annual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock, 
which  shall  at  the  time  of  said  dividend  have  been  actually 
paid  in  ;  provided  hozvever^  That  the  same  tax,  payable  in  man-  Proviso. 
ner  aforesaid,  shall  be  required  by  the  Legislature  of  all  banks 
that  are  now,  or  shall  be  hereafter  incorporated  within  this 

VOL.  IV.  65 


514 


1813. 


Chap.  90—98. 


Amount  to  be 
appiopriated 
to  loans. 


Security. 


Chap,  91. 


Persons  incor- 
porated. 


(1808  ch.  65.) 


May  hold  real 
and  personal 
estate. 


Chap.  95. 
1786  ch.  34. 
(V.  1.  p.  139.) 


Name  of  the 
town  altered. 


Chap.  98. 

1795  ch.  71. 
1798  ch.  14. 


Commonwealth:  And  provided  fw  C- er,  That  nothing  herein 
contained  shall  be  construed  to  impair  the  rights  of  the  Legis- 
lature, to  lay  a  tax  or  excise  on  any  bank  already  incorporat- 
ed under  the  authority  of  this  Commonwealth,  whenever  they 
may  think  proper  so  to  do. 

Sect.  12.  Be  it  further  enacted,  That  one  tenth  part  of  the 
whole  funds  of  said  bank,  shall  always  be  appropriated  to 
loans  to  be  made  to  citizens  of  this  Commonwealth  ;  and  where- 
in the  directors  shall  wholly  and  exclusively  regard  the  agri- 
cultural and  manufacturing  interest ;  which  loans  shall  be  made 
in  sums  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  and  upon  the  persona!  bond  of  the  borrower 
\yith  collateral  security,  by  a  mortgage  of  real  estate,  to  the  sa- 
tisfaction of  the  directors  of  the  said  bank,  for  a  term  not  less 
than  one  year,  and  on  condition  of  paying  the  interest  annually 
on  such  loans,  subject  to  such  forfeitures  and  rights  of  redemp- 
tion, as  are  by  law  provided  in  other  cases.  [Feb.  4,  1814.] 
Add.  acts — 1814  ch.  1.60:    1815  ch.  110:    1817  ch.  54.  1 15. 

An  Act  to  establisn  The  Dedhain  Manularturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Seyiate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Samuel  Dexter,  David  S.  Greenough,  Aaron  Da- 
vis, Charles  Davis,  John  Grew,  James  Richardson,  and  John 
Guild,  together  with  such  other  persons  as  may  hereafter  asso- 
ciate with  them,  their  successors  and  assigns,  be,  and  hereby 
are  made  a  corporation,  by  the  name  of  The  Dedham  Manu- 
facturing Company,  for  the  purpose  of  manufacturing  wool, 
cotton  and  iron,  in  the  town  of  Dedham,  in  the  county  of  Nor- 
folk;  and  for  this  purpose  shall  have  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties  and  requirements  con- 
tained in  an  Act,  passed  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  nine,  entitled,  "An  Act  defining  the  general 
powers  and  duties  of  Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value 
of  one  hundred  thousand  dollars,  and  such  personal  estate,  not 
exceeding  the  value  of  four  hundred  thousand  dollars,  as  may 
be  necessary  and  convenient  for  establishing  and  carrying  on 
the  manufactory  of  wool,  cotton  and  iron,  in  the  town  of  Ded- 
ham aforesaid.     [Feb.  4,  1814.] 

An  A«;t  to  alter  the  name  of  the  Town  of  Gerty,  in  the  county  of  Worcester. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  name  of  the  town  of  Gerry,  in  the  county  of  Worcester,  be, 
and  the  same  hereby  is  altered  to  the  name  of  Phillipston  ;  and 
that  said  town  shall  henceforth  be  known  and  called  by  the 
said  last  mentioned  name,  any  thing  in  the  Act  whereby  the 
said  town  was  incorporated  notwithstanding.     [Feb.  5,  1814.] 

An  Act,  in  addition  to  the  several  Laws  now  in  force,  to  preserve  and  regulate  the 
taking  of  Shell  Fish  in  the  Town  of  Wellfleet,  in  the  county  of  Barnstable. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen-^ 


1813. Chap.  98—99.  515 

iatives,  in  General  Court  assembled^  and  by  the  authority  of  the 

same,  That  from  and  after  the  passing  of  this  Act,  no  fisherman  Shall  not  take 

or  other  person,  not  an  inhabitant  of  said    town,  shall  take  or  ^^^  without  a 

•  I  1       I     1      r     1  permit. 

carry  away,  at  any  one  time,  more  than  one  bushel  ot  clams 
or  quahogs,  including  their  shells,  without  a  permit  fir-t  obtain- 
ed from  the  selectmen  in  writing,  expressing  the  name  of  the 
per'ion  and  the  quantity  permitted  to  be  token  ;  and  every 
person  so  offending  shall  forfeit  and  pay,  for  every  bushel  so 
taken,  the  sum  of  one  dollar,  any  thing  in  the  Act  to  which 
this  is  in  addition  to  the  contrary  notwithstanding:  Provided  Proviss. 
nevertheless,  That  the  selectmen,  or  the  major  part  of  them  for 
the  time  being,  shall  have  power  to  give  permits  in  writing  to 
any  person,  to  take  clams  and  quahogs  in  said  town  of  Well- 
fleet,  at  such  times  and  in  such  quantities  as  they  may  think 
reasonable,  and  express  in  their  permits  :  Provided  also,  That 
any  inhabitant  of  said  town  of  Wellfleet,  without  such  permit, 
shall  have  a  right  to  take  shell  fish  for  the  use  of  his  family. 

Sect.  2.  Be  it  further  enacted.  That  all  fines  and  forfeitures.  Fines  and  foi- 
which  may  be  incurred  by  force  and  virtue  of  this  Act,  shall  feitures. 
enure,  one  half  to  him  or  them  who  may  sue  for  the  same,  and 
the  other  half  to  the  said  town  of  Wellfleet;  and  the  same  shall 
be  recovered,  with  legal  costs  of  suit  in  an  action  of  debt,  be- 
fore any  justice  of  the  peace  for  the  county  of  Barnstable  not 
interested  therein. 

Sect.  3.     Be   it  further  enacted.    That  nothing  in  this   Act  May  take  fish 
shall  be  so  construed,  as  to  pi-event  the  inhabitants  of  the  town  ^oi  their  own 
of  Eastham  from  taking  any  quantity  of  shell  fish,  at  any  time, 
in  the  same  way  and   manner  as  though   this  Act  had   never 
been  made.     [Feb.  10.  1814.] 

An  Act  to  establish  The  Second  reir;bi()ke   Woollen  and  Cotton  Factory  Con.-   Qhap,  99. 
pany. 

Sect.  1.     BE  it  enacted  by   the  Senate  and  House  of  Represen- 
tatives,  in   General  Court  assembled,   a^id  by  the  authority  of  the 
same,    That   N:Uhaniel  Gushing,  Charles  Jo?selyn,   Nathaniel  Persons  incorr 
Soper,  Joseph  Torrey,  Charles  Gushing,  and  Cornelius  Cobb,  ^°'^*'®  • 
with  such  persons  as  already  have,  or  hereafter  may  associate 
with  them,  their  successors  and  assigns,  shall  be,  and  hereby 
are  made  a  corporation,  by  the  name  of  The  Second  Pembroke 
Woollen  and  Gotten  Factory  Gompany,  for  the  purpose  of  ma- 
nufacturing cotton  and  woollen  yarn  and  cloth,  in  the  town  of 
Pembroke,  with  the  business  necessarily  connected  therewith; 
and  for  such  purpose  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  and  requirements  contained  in 
an  Act,  entitled,  "  An  Act  defining  the  general  powers  and  du-  (1308  ch.  65.) 
ties  of  Manufacturing  Corporations." 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may  nr 
be  lawfully  seized   and   possessed  of  real  estate,  not  exceed-  aiorpersoMl 
ing  thirty  thousand  dollars,  and  personal  estate,  not  exceeding  estate. 
one  hundred  thousand  dollars,  as  may  be  necessary  for  the 
purposes  aforesaid.     [Feb,  10,  1814.] 


516 


1813. 


Chap.  103—104. 


Chap,  103.  An  Act  in  fuvtlier  adflitiou  to  tlie  several  Acts  for  incorporating  certain  persons 
for  the  purpose  of  buildiii;;;  a  Bridge  over  Merrimack  river,  in  the  county  of  Es- 
sex, and  for  supporting  the  same. 


1791  ch.  35. 
(V    1.  p.  336.) 

1792  ch.  3.  35. 
(V.  1  p.  370. 
403.) 

1795  ch.  49. 
1808  ch.  33. 

Empowered 
to  alter 
leaves. 
Rates  of  toll. 


Proviso. 


Chap,  104. 


Preamble. 


Persons  incor- 
porated. 


Powers. 


Proviso. 


Sect.  1.  BE  il  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assemhled^  and  by  the  authority  of  the  same, 
Th^it  it  f=ihall  be  l;nvful  for  the  propi-ietors  of  Essex  Merri- 
mack Bridge,  and  they  are  hereby  empowered  to  make  the 
leave.s  of  the  draw  of  said  bridge  not  less  than  eighteen  feet 
long,  instead  of  thirty  feet  as  heretofore  provided. 

Sect.  2.  Be  it  further  enacted.  That  the  toll  of  each  wag- 
gon, cart,  or  other  carriage  of  burthen,  drawn  by  four  beasts, 
passing  said  bridge,  shall  be  twenty-five  cents,  any  thing  in 
the  act  or  acts  to  which  this  is  in  addition  to  the  contrary  not- 
withstanding :  Provided  however,  that  all  carts,  waggons,  or 
other  carriages  of  burthen,  employed  in  transporting  country 
produce  going  to  or  from  the  market,  shall  pay  no  more  toll 
than  they  are  now  liable  by  law  to  pay.     [Feb.  10,  1814.] 

An  Act  to  incorporate  The  Religious  Charitable  Society  in  the  county  of  W^orces- 
ter. 

WHEREAS  Samuel  Austin  and  others  have  been  associa- 
ted, under  the  name  of  The  Religious  Charitable  Society  in 
the  county  of  Worcester,  for  the  purpose  of  aiding  indigent 
young  men  of  piety  and  talents  to  procure  an  education 
for  the  gospel  ministry,  of  contributing  to  the  funds  of  the 
American  Board  of  Commissioners  for  Foreign  Missions,  and 
of  assisting  feeble  churches  and  societies  to  maintain  among 
them  the  preaching  and   institutions  of  the  gospel :  l^herefore, 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  Rev.  Samuel  Austin,  D.D.  of  Worcester,  the 
Rev.  John  Crane,  D.D.  of  Northbridge,  Col.  Andrew  Peters 
of  Westborough,  Nahum  Fay,  Esq.  of  Northborough,  the  Rev. 
Edmund  Mills  of  Sutton,  Rev.  Joseph  Goft'  of  Milbury,  Rev. 
David  Holman  of  Douglas,  the  Rev.  Samuel  Judson  of  Ux- 
bridge,  Aaron  Peirce,  Esq.  of  Milbury,  and  James  Easter- 
brooks,  Esq.  of  Holden,  and  their  associates,  be,  and  they 
hereby  are  incorporated  and  made  a  body  politic,  by  the 
name  of  The  Religious  Charitable  Society  in  the  county  of 
Worcester,  for  the  purposes  stated  in  the  preamble  of  this 
act;  and  by  that  name  the  said  corporation  may  sue  and  be 
sued,  plead  and  be  impleaded,  and  may  appear,  defend,  and 
prosecute  to  final  judgment  and  execution  ;  and  in  their  said 
corporate  capacity,  they  and  their  successors  forever  may 
take,  purchase,  receive,  have  and  hold,  in  fee  simple  or  other- 
wise, lands,  tenements,  and  hereditaments,  by  gift,  grant,  de- 
vise, or  otherwise,  not  exceeding  the  yearly  value  of  four 
thousand  dollars  ;  and  may  also  take  and  hold  by  donation, 
bequest,  or  otherwise,  personal  estate  to  an  amount,  the  an- 
nual income  of  which  shall  not  exceed  six  thousand  dollars: 
Provided  the  income  of  said  Corporation  shall  be  faithfully  ap- 
propriated to  the  purposes  aforesaid.  And  said  corporation 
may  have  a  common  seal,  which  they  may  alter  or  renew  at 


1813. Chap.  104—105.  517 

pleasure;  and   maj  sell,  exchange,  or  lease  their  lands,  ten- 
ements, or  other  properly,  for  the  benefit  of  their  funds. 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  may  Empowered  to 
annually  choose,  from  among  themselves,  by  ballot,  a  Presi-  elect  officers. 
denl,  Vice  President,  Secretary,  Treasurer,  Auditor,  a  Board 
of  Directors,  and  such  other  officers,  as  experience  may  prove 
to  be  useful.  Th«-  Board  of  Directors  shall  consist  of  nine 
members,  to  which  board  the  President,  Vice  President,  Sec- 
retary and  Treasurer  shall  belong,  by  virtue  of  their  office, 
and  any  five  of  said  board  shall  constitute  a  quorum  for  doing 
business.  The  said  treasurer  shall  give  bond,  with  sufficient 
sureties,  to  be  approved  by  said  board,  for  the  faithful  dis- 
charge of  the  duties  of  his  office. 

Sect.  3.  Be  it  further  enacted,  That  there  shall  be  an  an- 
nual meeting  of  said  corporation,  at  which  the  officers  shall  Meetings  of 
be  chosen,  the  accounts  of  the  treasurer  exhibited,  and  such  corporation. 
other  business  transacted,  as  may  properly  come  before  said 
meeting.  The  first  armual  meeting  shall  be  on  the  third  Wed- 
nesday of  September  next,  at  such  place  as  the  said  Samuel 
Austin,  John  Crane,  and  Andrew  Peters,  or  any  two  of  them, 
shall  appoint,  by  causing  a  notification  thereof  to  be  published 
in  the  Massachusetts  Spy,  printed  at  Worcester,  at  least  ten 
days  before  said  meeting. 

Sect.  4.  Be  it  further  enacted,  That  said  Corporation  By-laws, 
shall  have  power  to  make  such  by-laws  and  regulations,  for  ^"'«S  ^c. 
calling  meetings  of  the  corporation  and  of  the  Board  of  Di- 
rectors, appointing  the  duties  of  officers,  fixing  the  terms  of  the 
admission  of  members,  and  transacting  the  business  of  said 
corporation  generally :  Provided,  That  said  by-laws  shall  not 
be  repugnant  to  the  laws  and  constitution  of  this  Common- 
wealth. 

Sect.  5.     Be  it  further  enacted,  That  a\\  coniTd.cts  and  deeds,  contracts  and 
which  the  said  corporation  may  lawfully  make   and  execute,  deeds, 
signed  bj''  the  President,  countersigned  by  the   Secretary,  and 
sealed  with  the  common  seal  of  said  corporation,  shall  be   val- 
id in  law  to  all  intents  and  purposes. 

Sect.  6.     Be  it  further  enacted.  That  the  Legislature  of  this  Le^-isiature 
Commonwealth  shall,  at  any  time,  have   the   right  to    inspect  may  inspect 
the  doings  and   funds  of  said  corporation,  and    may,  at  their  ^°'"ss- 
pleasure,  alter  or  annul  any  or  all  of  the  powers  herein  grant- 
ed,    [Feb.  10,  1814.] 

An  Act  in   addition  to  an  act,   entitled  "An  Act  for  incorporating   the  North  Chap.  105 
Precinct  of  the  town  of  Braintree,    in    the  county  of  Suflfojk,  into   a    separate 

town,  by  the  name  of  Quincy,  and  for  annexing  sundry  inhabitants  of  the  town  :Z.       *"  * 

of  Dorchester,  with  their  estates,  to  the  said  town  of  Quincy."  v' •  '  P"  339.) 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Benjamin  Wadsworth  Glover,  with  his  estate,  ly- 
ing on  the  southerly  side  of  Neponset  river,  and  within  the 
limits  of  that  part  of  the  town  of  Dorchester  called  Squantum, 
and  the  Farms,  be,  and  he  is  set  off  from  the  town  of  Dor^ 
Chester  and  annexed  to  the  town  of  Quincy. 


518 


1813. 


Chap.   105—107. 


Persons  set   oflf 
from  the  town 
of  Dorchester. 


Included  in 
town  of  Dor- 
diester. 


Chap,  107. 


Persons  incor- 
porated. 


(1803  ch.  65.) 

May  hold  real 
and  personal 
^tate. 


Sect.  7.  Be  it  further  enacted,  That  all  that  tract  of  land, 
lying  on  the  southerly  side  of  Neponset  river,  and  within  the 
old  line  of  the  town  of  Dorchester,  known  by  the  name  of 
Horse  Hommock,  containing  about  eight  acres,  and  bounded 
northerly  and  wcsterlj'^  on  land  or  marsh  lately  of  Ebenezer 
Glover,  deceased  ;  southerly  and  easterly,  partly  on  land  late 
of  Josiah  Glover,  deceased,  and  partly  on  land  of  Moses  and 
Oliver  Billings,  and  of  Capt.  Oliver  Billings,  together  with 
all  the  inhabitants  residing  thereon,  be,  and  they  are  hereby 
set  off  from  the  said  town  of  Dorchester  and  annexed  to  the 
town  of  Quincy,  and  shall  forever  hereafter  be  considered  as 
belonging  to  the  said  town  of  Quincy. 

Sect.  3.  Be  it  further  enacted,  That  a  tract  of  land  call- 
ed Bayfield,  containing  about  seventeen  acres,  bounded  wes- 
terly on  the  road  leading  to  Squ  intum,  northerly  on  land  of 
Benjamin  Wadswoilh  Glover,  easterly  on  the  sea,  and  south- 
erly on  land  of  John  Billings:  also  a  tract  of  land  called  the 
further  pasture,  containing  about  fourteen  acres,  bounded 
southerly  on  land  of  Ezra  Glover,  westerly  on  land  of  Caleb 
Faxon,  northerly  and  easterly  on  land  of  Oliver  Billings ;  also 
a  tract  of  land  containing  about  two  acres,  bounded  westerly 
on  a  road  leading  to  Billings'  rocks,  northerly,  easterly  and 
southerly  on  land  of  John  Billings,  lying  on  the  southerly 
side  of  Neponset  river,  and  within  the  limits  of  that  part  of 
the  town  of  Dorchester,  called  Squantum  and  the  Farms,  being 
that  part  of  the  estate  of  Thomas  Glover,  late  of  Dorchester, 
deceased,  which  was  purchased  by,  and  is  now  in  the  posses- 
sion of  Moses  Billings  and  Oliver  Billings,  jun.  be,  and  the 
same  are  hereby  considered  as  still  annexed  to  the  said  town 
of  Dorchester.     [Frb.  10,  1814.] 

An  Act  to  incorporate  The  Lynn  Wire  Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assemhled,  and  by  the  authority  rf  the 
same,  That  David  Pratt,  Ephraim  Weston,  John  Hart,  Jona- 
than Temple,  Phineas  Coburn,  Ephraim  Weston,  jun.  and 
such  persons  as  may  hereafter  associate  with  them,  their  suc- 
cessors and  assigns,  be,  and  they  hereby  are  made  a  corpo- 
ration, by  the  name  of  The  Lynn  Wire  Manufacturing  Com- 
pany, for  the  purpose  of  matiuficturing  wire  and  wire  work, 
wood  screws  and  cards,  and  also  cotton  and  woollen  cloth  and 
yarn,  in  all  their  respective  kinds  and  branches,  in  the  town 
Lynn,  in  the  county  of  Essex ;  and  for  these  purposes  shall 
have  all  the  powers  and  privileges,  and  shall  be  subject  to  all 
the  duties  and  requirements  contained  in  an  act,  passed  on  the 
third  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  nine,  entitled  "  An  Act  defining  the  gene- 
ral powers  and  duties  of  Manufacturing  Corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  may 
take  and  hold  real  estate,  not  exceeding  the  value  of  thirty 
thousand  dollars,  and  personal  estate,  not  exceeding  the  value 
of  sixty  thousand  dollars,  for  the  purpose  of  establishing  and 
carrying  on  the  manufactures  aforesaid.     [Feb,  10,  1814.] 


1813. Chap.  109—111.  51d 

An  Act  to  establish  the  Adams  North  Village  Cotton  Factory.  Ghat),  109 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  George  Whitman,  Douglas  W.  Sloane,  Daniel  Noble,James  Persons  incov- 
Cumming,  Anthonj  Edwards,  Josiah  Quincy  Robinson,  Jere-  r^*^^^^^- 
miah  Colegroo,  Moses  Wolcolt,  Benjamin  Lapham,  George 
Lapham,  Giles  Tinker,  Edward  Richmond,  Richard  Knight, 
Luther  Bartlett,  Daniel  Reed  and  Marshal  Jones,  and  such  as 
already  have,  or  may  hereafter  associate  with  them,  their  suc- 
cessors and  assigns,  be,  and  hereby  are  made  a  corporation  by 
the  name  of  the  Adams  North  Village  Cotton  Factory,  for  the 
purpose  of  manufacturing  cotton  yarn  and  cloth,  in  the  town  of 
Adams,  in  the  county  of  Berkshire  ;  and  for  that  purpose  shall 
have  all  the  powers  and  privileges,  and  be  subject  to  all  the 
duties  and  requirements  contained  in  an  Act  p  issed  the  third 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  nine,  entitled  "An  Act  defining  the  general  powers  and  (isosch.  65.) 
duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  may  be  May  hold  real 
lawfully  seized  and  possessed  of  such  real  estate,  not  exceed-  ai.d  personal 
ing  the  value  of  sixty  thousand  dollars,  and  such  personal   es- 
tate, not  exceeding  one  hundred  thousand  dollars,   as   may   be 
necessary   and   convenient  for   carrying  on  the   manufacture 
aforesaid.     [Feb.  10,  1814.] 

An  Act  to  establish  the  Matfield  Manufacturing  Company.  Chap,   110« 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, iti  General  Court  assemtiled,  and  by  the  authority  of  the  same, 
That  Jacob  Dyer,  Daniel  Perry,  Jonathan  Sietson,  Oaks  Tir-  Persons  incor- 
rell,  Isaac  Tirrell,  jun.  William  Vinton,  Abisha  Stetson,  Benja-  I'orated. 
min  Bates,  David  F.  Reynolds,  Eleazer  Keith,  and  Allen  Whit- 
man, together  with  such  other  persons  as  have,  or  may  hereaf- 
ter associate  with  them,  their  successors  and  assigns,  be,  and 
they  hereby  are  made  a  corporation,  by  the  name  of  the  Mat- 
field  Manufacturing  Company,  for  the  purpose  of  manufactur- 
ing cotton  and  woollen  goods  in  Bridgewater,  in  the  county  of 
Plymouth  ;  and  for  this  purpose,  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  and  requirements, 
contained  in  an  Act,  passed  the  third  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  nine,  entitled  "An  (1808  ch.  65.) 
Act  defining  the  general  powers  and  duties  of  manufacturing 
corporations." 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation  may  May  hold  real 
lawfully  be  seized  of  such  real  estate,  not  exceeding  fifty  thou-  ^"^  personal 
sand  dollars,  and  such  personal  estate,  not  exceeding  one  hun- 
dred thousand  dollars,  as  may  be  necessary  and  convenient  for 
establishing  and  carrying  on  the  said  manufactory.      [Feb.  10, 
1814.] 

An  Act  to  incorporate  the  Pembroke  Cotton  and  Woollen  Manufactory.  Ch(tp»  11]« 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Bailey  Hall,  Isaac   Hatch,  William  Loring,  jun.  Samuel  Persons  intor- 
P.  Barker,  with  such  persons  as  already  have,  or  hereafter  may  P"**^^ 
associate  witk  them,  their  successors  and  assigns,  shall  be,  and 


520  1813. Chap.   111—117. 

hereby  are  made  a  corporation  hj  the  name  of  the  Pembroke 
Cotton  and  Wool  Manufactory,  for  the  purpose  of  manufactur- 
ing cotton  and  woollen  yarn  and  cloth,  in  the  town  of  Pem- 
broke, with  the  business  necessarily  connected  therewith;  and 
for  such  purpose,  shall  have  all  the  power?  and  privileges,  and 
be  subject  to  all  the  duties  and  requirements,  contained  in  an 
(1808  ch.  65.)  Act,  entitled  "  An  Act  defining  the  general  powers  and  duties 
of  manufacturing  corporations." 

Sect.  2.   Be  it  further  enacted,  That  said  corporation  may  be 

May  hold  real  lawfully  seizcd  and  possessed  of  real  estate,  not  exceeding  thir- 

and  personal     ^y  thousand  dollars,  and  such   personal   estate,  not  exceeding 

one  hundred  thousand  dollars,  as   may  be   necessary   for  the 

purposes  aforesaid.     [Fe6.  10,  1814.] 

Chap.  115.     -^^  ^^'^  in  addition  to  an  Act,  entitled  "An  Act  to  prevent  the  destvuctioii,  and  to 
1787  ch    10  regulate  the  catching  of  the  fish  called  Alewives,  in  their  passage    i;p  the  rivers 

(V.  1    p.  16*6  ">       ^       streams  in  the  town  of  Harwich,  in  the  county  of  Barnstiible,"  passed   the 
1813  ch   57  fourth  day  of  July,  1787;  and  also  of  another  Act,  in   addition  thereto,  passed 

the  sixteenth  day  of  June,  1813. 

BE  it  enacted  hy  the  Senate  and  House  of  Representatives^  in  • 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
an  Act,  passed  the  fourth  day  of  July,  seventeen  hundred  and 
eighty-seven,  entitled  "  An  Act  to  prevent  the  destruction  of  the 
fish  called  Alewives,  in  their  passage  up  the  rivers  and  streams 
in  the  town  of  Harwich,  in  the  county  of  Barnstable.'"  and  also 
Act  extended  of  another  Act,  in  addition  thereto,  passed  the  sixteenth  day  of 
toother  town.  June,  eighteen  hundred  and  thirteen,  be,  and  both  the  said 
Acts  are  extended  to  operate,  and  shall  have  effect  over  all  the 
streams  in  the  town  of  Brewster ;  and  all  the  regulations,  pro- 
visions, privileges,  limitations,  and  restrictions,  contained  in  the 
said  Act  to  which  this  is  in  addition,  so  far  as  they  may  He  ap- 
plicable to  the  intents  and  purposes  of  this  Act,  shall  be  used 
and  exercised,  and  the  benefits  thereof  enjoyed,  by  the  inhabi- 
tants of  the  said  town  of  Brewster,  as  fully  and  completely,  as 
if  the  said  town  of  Brewster  had  not  been  separated  from  the 
said  town  of  Harwich;  and  this  Act  shall  be  deemed  and  ta- 
ken to  be  supplementary  to  the  said  Act  before  mentioned. 
[Feb.  12,  1814.] 

Chat),  117.  ^'^  ^^^  *"  incorporate  the  Linum  Spinner  Company. 

Sect.  1 .      BE  it  enncted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Persons  incor-  That  Sylvanus  Baldvvin,  Eiisha  Town,  Charles  Bulkeley,  Isaac 
porated.  P.  Davis,  Snmuel  Spear,  Nathaniel  Perry,  and  Ethan  A.  Green- 

wood, proprietors  of  the  new  improvement  for  spinning  flax  and 
hemp,  and  other  articles,  to  which  it  may  be  adapted,  called 
the  Linum  Spinner,  invented  by  said  Baldwin  and  Tovv-n,  and 
secured  to  them,  their  heirs,  executors,  administrators,  and  as- 
signs, by  letters  patent,  tosjether  with  such  other  persons  who 
have  already,  or  may  hereafter  associate  with  them,  their  suc- 
cessors and  assigns,  shall  be,  and  hereby  are  created  a  corpo- 
ration, by  the  name  of  the  Linum  Spinner  Company,  for  the 
purpose  of  spinning  and  manufacturing  flax,  hemp,  and  other 
articles,  to  which  it  may  be  adapted  ;  and  for  manufacturing 
and  vending  the  machinery  of  said  improvements  :  and  for  sell- 


1813. Chap.   117—121.  ^,21 

ing  to  others  the  right  to  make,  use,  and  vend  said  machines, 
with  the  privileges  of  said  patent,  and  any  other  patent  which 
may  be  obtained  for  any  further  improvements  that  are,  or  may 
be  made  in  said  Linum  Spinner,  and  the  machinery  connected 
therewith  :  and  by  that  name,  and  for  these  purposes,  shall  be, 
and  hereby  are  made  capable  in  law  to  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended  in  any  courts  of 
record,  or  any  other  place  whatsoever ;  and  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements of  an  Act,  entitled '■  An  Act  defining  the  general  (1808  ch.  65.) 
powers  and  duties  of  manufacturing  corporations,"  passed  the 
third  day  of  March,  one  thousand  eight  hundred  and  nine. 

Sect.  2.  Be  it  further  enacted,  That  said  corporation,  for  the  May  hold  real 
purposes  aforesaid,  may  lawfully  hold  and  possess  real  estate,  ami  peisonai 

I       r  1  •'   ■  ,  ■        I-     r^  Ki  .  J      estate. 

at  any  place  or  places  withni  this  Commonwealth,  not  exceed- 
ing three,  to  the  value  of  fifty  thousand  dollars,  and  personal 
estate,  to  the  amount  of  one  hundred  and  fifty  thousand  dol- 
lars. 

Sect.  3.    Be  it  further  enacted,  That   Ethan   A.   Greenwood,  ^ay  call  a 
herein  before  mentioned,  is  hereby  authorized  to  call  the  first  meeting. 
meeting  of  siid  corporation,  at  such  time  and  place,  within  the 
town  of  Boston,   as  he  may  deem  most  convenient,  by  giving 
each  proprietor  personal  notice  thereof  in  writing.     [A6.  12, 
1814.] 

An  Act  in  addition  to  an  Act,  entitled  "An  Act  to  incorporate  the  President,  Di-    Qhctp»  1  21. 
rectors  and  Company  of  the  Marblehead  Bank. '  \8\2  ch.  42. 

WHEREAS  by  the  Act  to  incorporate  the  President,  Direc- 
tors and  Company  of  the  Marblehead  Bank,  passed  Junetwen-  Preannble. 
ty-third,  in  the  year  of  our  Lord  eighteen  hundred  and  twelve, 
it  is  enacted  and  provided  that  the  capital  stock  of  said  bank 
shall  consist  of  one  hundred  and  twenty  thousand  dollars,  being 
an  addition  of  twenty  thousand  dollars  to  the  capital  of  said 
bank,  granted  to  the  same  stockholders  according  to  their  for- 
mer incorporation  ;  and  such  addition  is  found  to  be  unneces- 
sary and  inconvenient :  Therefore, 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Represent^' 
lives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  capital  stock  of  the  bank  last  incorporated  by  the  Capital  stock, 
name  of  the  President,  Directors  and  Company  of  the  Marble- 
head Bank,  may  consist  of  the  sum  of  one  hundred  thousand 
dollars,  and  no  more,  any  thing  in  the  said  Act  of  incorporation 
notwithstanding :  and  the  reduction  so  permitted  of  their  pre- 
sent capital  stock,  shall  and  may  be  efiiected  in  such  manner  as 
shall  be  voted  and  agreed  upon  at  a  meeting  of  the  said  corpo- 
ration, which  shall  be  legally  notified  and  holden  for  that  pur- 
pose :  Provided,  that  no  stockholder  shall  be  compelled  to  re-  proviso, 
duce  any  part  of  his  subscription  or  shares  in  the  said  bank, 
but  the  reduction  of  the  said  stock  shall  be  by  the  voluntary 
act  of  any  corporation  or  individual,  now  holding  shares  in  the 
said  bank,  who  may  consent  to  withdraw  the  amount  of  their 
subscription  or  subscriptions,  or  any  part  thereof  by  them  re- 
spectively made  and  deposited  in  the  said  bank, 

VOL.  IV.  66 


522 


1813. 


Chap.  121—124. 


Mortgages  of 
veal  estate. 


Messuat'e. 


Chap.  123. 


And  whereas  by  the  said  Act  of  incorporation  it  is  further 
enacted  and  provided,  that  the  said  bank  may  take,  receive 
and  hold  by  assignment,  all  such  mortgages  as  were  then  hold- 
en  by  the  then  existing  bank  in  the  said  town  of  Marblehead, 
and  which  might  be  assigned  and  taken  by  agreement,  between 
the  two  corporations,  and  the  effect  of  such  agreement,  as  a 
transfer  of  real  estate  may  be  considered  doubtful — Therefore, 

Sect.  2.  Be  it  further  enacted,  Thnt  the  mortgages  of  real  es- 
tate holden  by  the  said  bank  under  the  said  former  incorpora- 
tion, and  which  by  the  consent  of  the  stockholders  therein  have 
been  delivered  over  and  made  payable  by  their  votes  or  other 
agreements  to  the  said  existing  corporations,  shall  be  consider- 
ed as  vested  in  them  to  all  intents  and  purposes,  as  if  the  said 
former  incorporation  had  been  renewed  and  continued  by  an 
extension  of  the  term  of  years  for  which  the  same  was  origi- 
nally granted. 

Sect.  3.  Be  it  further  enacted,  That  the  messuage  now  and 
heretofore  owned  and  occupied  by  the  said  former  incorpora- 
tion and  by  the  said  Presi'ient,  Directors  and  Company  of  the 
Marblehead  Bank  since  their  last  incorporation,  be,  and  the 
same  is  hereby  vested  in  them  to  all  intents  and  purposes,  by 
virtue  of  their  said  incorporation,  and  pursuant  to  the  votes  and 
consent  of  the  said  former  incorporation  to  that  purpose.  [Feb. 
14,  1814.] 


Persons   incor 
porated. 


All  Act  to  incorporate  tlie  Mansfuld  Cotton  Manufacturing  Company. 
Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  Laban  Wheaton,  Daniel  Wheaton,  David  Gilbert,  Roland 
Green,  Samuel  Druce,  Solomon  Pi-att,  Asa  Day,  and  Abisha 
Fisher,  with  such  others  as  have  associated,  or  may  hereafter 
associate  with  (hem,  their  successors  and  assigns,  be,  and  they 
hereby  are  made  a  corporation,  by  the  name  ofthe  Mansfield  Cot- 
ton Manufacturing  Company,  for  the  purpose  of  manufacturing 
cotton,  at  Mansfield,  in  the  county  of  Bristol ;  and  for  this  pur- 
pose shall  have  all  the  powers  and  privileges,  and  be  subject 
to  all  the  duties  and  requirements,  contained  in  an  Act,  entitled 
(1803  ch.  65.)  "  An  Act  defining  the  general  powers  and  duties  of  manufac- 
turing corporations,"  passed  on  the  third  day  of  March,  in  the 
year  of  our  Lord  eighteen  hundred  and  nine. 

Sect.  2.  Be  itfurther  enacted.  That  the  said  company  may 
be  lavvfuUy  seized  and  possessed  of  ^ch  real  estate,  not  ex- 
ceeding the  value  of  forty  thousand  dollars,  and  such  personal 
estate,  not  exceeding  the  value  of  sixty  thousand  dollars,  as 
may  be  necessary  and  convenient  for  carrying  on  the  same 
manufacture  as  aforesaid.     [Feb.  16,  1814.] 


May  hold   real 
and  personal 
estate. 


Chap.  124. 


Persons   incor- 
porated. 


An  Act  establishing  the  Bellingham  Woollen  and  Cotton  Manufactory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa' 
tives,  in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
That  Samuel  Penniman,  Samuel  L.  Scammell,  Luther  Warfield, 
Abel  Albee,  Eli  Warren,  Seih  Hastings,  Benjamin  Davenport, 
Amasa  Holbrook,  Simeon  Holbrook,  Tyler  Daniels,  and  Amos 


1813. Chap.   124—126.  523 

Hill,  together  with  such  other  persons  as  mny  hereafter  asso- 
ciate with  them,  their  successors  and  assigns,  be,  and  the}?"  here- 
by are  made  a  corporation  by  the  name  of  the  Bellingham 
Woollen  and  Cotton  Manufactory,  for  the  purpo  e  of  manufac- 
turing woollen  and  cotton  yarn  and  cloth,  within  the  town  of 
Bellingham;  and  for  such  purposes,  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties  and  requirements, 
contained  in  an  Act,  entitled  "An  Act  defining  thegeneral  pow-  (1808  ch.  65.) 
ers  and  duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enactfd,  That  the  said  corporation  may  May  hold  real 
be  lawfully  seized  and  possessed  of  such  real   estate,   not  ex-  and  personal 
ceeding  fifty  thous;ind  dollars,   and   such   personal  estate,   not 
exceeding  one  hundred   and  fifty  thousand   dollars,  as  may  be 
necessary  for  the  purposes  aforesaid.     \_Fib.  16,  1814.] 

An  Act  in  addition  to  an  Act,  en'itled  "An  Act  in   addition   to   an    Act,   enliiled    Chap.   125. 
An  Act  to  incorporate  the  Triiste>>s  of  Fliillips'  Academy  in  Andover."  ]807  cli.  22, 

Sect.  1.  BE  il  enacted  by  the  Senate  and  House  of  Representa- 
tives^ m  Gencrdt  Court  assemhkd^  -md  by  ilw  authority  of  the  same, 
That  the  trustees  of  Phillips'  Academy  be,  and  they  are  here-  Empowered  to 
by  empowered  to  receive,  purchase  and  hold,  by  gift,  grant,  '"''''  personal 
devise,  or  otherwise,  for  the  further  endowment  of  a  theologi- 
cal institution,  or  department,  and  in  furtherance  of  the  design 
of  the  pious  founders  and  benefactors  of  said  academy,  person- 
al estate,  the  annual  income  whereof  shall  not  exceed  twenty 
thousand  dollars,  in  addition' to  what  they  are  now  allowed  by 
law  to  hold  :  Provided,  (he  income  of  said  estate  to  be  always  Proviso, 
applied  to  the  objects  agreeably  to  the  will  of  the  donors  : 
Provided  also,  that  this  Act  shall  not  entitle  said  trustees  to  re- 
cover or  receive  any  bequests  or  donations  heretofore  made, 
unless  they  were  authorized  to  receive  and  hold  the  same  be- 
fore the  passing  of  this  Act :  Provided,  that  no  student  belong-  Proviso, 
ing  to  the  said  institution,  sustaining  a  fair  m.oral  character, 
shall  be  deprived  of  any  privileges  of  said  institution,  or  be 
subjected  to  the  forfeiture  of  any  aid,  which  has  been  granted 
by  said  institution,  for  the  purpose  of  enabling  him  to  prose- 
cute his  studies,  or  be  denied  the  usual  testimonial  on  closing 
his  studies,  on  the  ground  that  his  interpretations  of  the  scrip- 
tures differ  from  those  which  are  contained,  or  may  hereafter 
be  contained  in  the  articles  of  faith  adopted  by  said  institution. 
[Feb.  16,  1814,] 

An  Act  to  incorporate  the  Plynipton  Wool  Rlaimfacturing  (Company.  Chap.   126. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  William  Sturtevant,  Zabdiel  Sampson,  Benjamin  Ellis,  Persons  incor- 
.Joscph  Cooper,  John  Sampson,  Alvan  Sampson,  Nathaniel  Rip-  poi^a-ted. 
ley,  and  William  P.  Ripley,  with  such  other  persons  as  have 
already  associated,  or  hereafter  may  associate  with  them,  their 
successors  and  assigns,  be,  and  they  hereby  are  made  a  corpo- 
ration, by  the  name  of  the  Plympton  Wool  Manufacturing  Com- 
pany, for  the  purpose  of  manufacturing  woollen  cloths,  in  the 
town  of  Plympton  :  and  for  that  purpose  shall  have  all  the  pow- 
ers and  privileges,  and  be  subject  to  all  the  duties  and  require- 


524 


1813. 


Chap.   126—128, 


men's  contained  in  an  Act  made  and  passed  on  the  third  day 
oi  Mtirch,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
(1808  ch.  65.)  and  nine,  entitled  "  An  Act  defining  the  general  powers  and 
duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enacted.,  That  the  said  corporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate,  as 
may  be  necessary  and  convenient  for  establishing  and  carrying 
on  the  said  manufactory;  and  also  of  as  lara;e  a  personal  es- 
tate, as  shall  be  actually  employed  therein  :  Provided  such  real 
estate  shall  not  exceecl  the  value  of  thirty  thousand  dollars, 
and  the  personal  estate  one  hundred  thousand  dollars.  [Feb. 
17,  1814.] 


MRy  hold  real 
and  persi  nal 
estate. 


I'lovisfi. 


Chap.  127. 


An  Act  to  incorporate  The  Walomopogge  Manufacturing  Company. 


Persons  incor 
porated. 


INIay  hold  real 
and  personal 
estate. 


Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of  the  same. 
That  Lewis  Whiting,  Hervey  Whiting,  Amos  Cobb,  and  Wil- 
liam Dupee,  together  with  such  others  as  may  hereafter  asso- 
ciate with  them,  their  successors  and  assigns,  be,  and  they  are 
hereby  made  a  corporation,  by  the  name  of  The  Walomopogge 
Blanufacturing  Companj'^,  for  the  purpose  of  manufacturing  cot- 
ton and  woollen  cloth  and  yai-n  in  the  town  of  Wrentham,  in 
the  county  of  Norfolk  :  and  for  the  purposes  aforesaid,  shall 
have  all  the  powers  and  privileges,  and  be  subject  to  all  the 
duties  and  requirements  prescribed  and  contained  in  an  Act, 
(1808  di.  65.)  entitled,  "An  Act  defining  the  general  powers  and  duties  of 
Manufacturing  Corporations,"  passed  the  third  day  of  March, 
oie  thousand  eight  hundred  and  nine. 

Sect.  2.  Be  it  further  enacted,  That  said  corporation  may 
be  lawfully  seized  and  possessed  of  such  real  estate,  not  ex- 
ceeding the  value  of  thirty  thousand  dollars,  and  such  personal 
estate,  not  exceeding  the  value  of  one  hundred  thousand  dol- 
lars, as  may  be  necessary  and  convenient  for  carrying  on  the 
manufacture  aforesaid.     [Ff6.  17,  1814.] 

Liiiap.  l*o.  An  Act  to  incorporate  The  Swanzey  Union  Manufacturing  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same,  Thnt  William  Mason,  John  Mason,  William  Bowers, 
William  Major,  John  Winslow,  William  Slade,  Stephen  Slade, 
Richard  Chase,  Caleb Ea3terbrooks,Artemas  Stebens,  Benanuel 
Marvel,  Anthony  Kingsley,  Anthony  Gardner,  Rufus  C.  Smith, 
Robert  Gibbs,jun.  Obadiah  Peirce,  James  L.  Hodges,  Caleb 
Millar,  and  Darius  Chase,  together  with  such  other  persons  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  Swanzey  Union  Manufacturing  Company,  for 
the  purpose  of  manufacturing  cotton  yarns  and  cloth  at  Swan- 
zey, in  the  county  of  Bristol  :  and  for  this  purpose  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the  duties 
and  recjuirements  contained  in  an  Act,  passed  the  third  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
M503ch.65.)  and  nine,  entitled,  "An  Act  defining  the  general  powers  and 
duties  of  Manufacturing  Corporations." 


Persons  incor- 
porated. 


1813. Chap.  128—132.  525 

Sect.  2.     Be  it  further  enacted^   That  said  corporation  may  May  hold  real 
be  lawfully  seized  of  such  real  estate,  not  exceeding  the  value  ^"tat^"^""*^ 
of  thirty  thousand  dollars,  and  such  personal  estate,  not  exceed- 
ing the  value  of  fifty  thousand  dollars,  as   may  be  necessary 
and  convenient  for  establishing  and  carrying  on  the  manufac- 
ture of  cotton  aforesaid.     [Feb.  17,  1814.] 

An  Act  to  set  otf  the  noitheastwardly  part  of  Hadley,  and  annex  the  same  to  Am-    Qfidp,  129, 
herst.  '  * 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives., in  General  Court  assembled^  and  by  the  authority  of  the 
same.,  That  all  the  lands,  and  the  inhabitants  thereon,  lying  and  Lands  set  off 
being  in   Hadley,  described    within  the   followiHg  limits  and  fiomtownof 
bounds,  not  already  annexed  to  Amherst,  be,  and  the  same  are  ^^'"^y- 
hereby  set  of}'  from  Hadley,  and  annexed  to  Amherst :  that  is 
to  say,  beginning  at  the  southwest  corner  of  David  Smith's  land, 
being  the  northwest  corner  of  Noah  Smith's  land,  lying  in  the 
town  of  Amherst,  on  the  ea.^t  line  of  Hadley;  thence  running  Boundaries  de- 
west,  to  thewest  end  of  the  first  division  of  lands  in  Hadley,  scribed. 
to  a  town-way;  thence   northwardly,  on  the  west  line  of  said 
division,  as  far  as  the  same  extends;  and  thence,  on  the  same 
course,  to  the  south  line  of  Sunderland ;  thence  east,  on   the 
south   line  of  Sunderland,  to  the  original  northeast  corner  of 
Amherst;    thence  southwardly,  on  the  original  line  between 
Amherst  and  Hadley,  to  the  first  mentioned  corner. 

Sect.  2.  Be  it  further  enacted.,  That  the  respective  valuations  Valuation  ai- 
of  the  towns  of  Hadley  and  Amherst  be  so  altered,  in  consider-  teied. 
ation  of  the  above,  that  the  sum  of  one  cent,  in  the  proportion 
of  one  thousand  dollars,  be  taken  from  Hadley  and  put  to  Am- 
herst; and  that  all  taxes  already  granted  or  assessed  by  the 
town  of  Hadley,  on  the  polls  and  estates  hereby  set  off,  be  col- 
lected in  the  same  manner  as  though  this  Act  had  not  been 
passed.     [Feb.  17,  1814.] 

An  Act  to  incorporate  The   Protestant  Episcopal  Society  of  Christ's  Church,  in   Chap,  182. 
Qiiincy. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.,  That  the  wardens  and  other  proprietors  of  Christ's 
Church,  in  Quincy,  whether  residing  in  said  Quincy,  or  in 
towns  adjacent,  and  their  successors,  together  with  their  polls 
and  estates,  be,  and  are  hereby  incorporated  into  a  society  or  Society  incor- 
body  politic,  under  the  name  of  The  Protestant  Episcopal  So-  pointed, 
ciety  of  Christ's  Church  in  Quincy;  and  that  the  building 
called  Christ's  Church,  together  with  the  yard  thereof,  and  the 
house  and  land  heretofore  purchased  by  said  society  as  a 
Glebe,  and  situated  in  Quincy  aforesaid,  are  hereby  vested  in 
said  corporation,  together  with  the  power  of  holding  other  real 
estate,  to  the  annual  value  of  five  hundred  dollars. 

Sect.  2.     Be  it  further  enacted,  That  the  said  society  are  Taxes. 
hereby  empowered  to  assess  and  collect  of  the  members  be- 
longing to  the  same,  for  the  purpose  of  maintaining  the  worship 
of  God,  for  repairing  their  church,  and  for  the  preservation  of 
their  glebe  and  estate,  from  time  to  time,  such  monies  as  may 


526 


1813. 


Chap.  132—133. 


Method  of  be- 
coming a  mem 
ber. 


Manner  of 
leaving. 


Proviso. 


Meetings  of 
corporation. 


By-law^s, 
Rules,  &c. 


he  necessary  for  those  purposes;  and  they  arc  hereby  vested 
with  all  such  powers,  privileges,  and  immunities,  as  Congrega- 
tional Societies  do  or  may  enjoy  by  the  laws  of  this  Common- 
wealth. 

Sect.  3.  Be  it  further  enacted,  That  if  any  person  may  in- 
cline to  join  said  society,  by  signifying  such  his  desire,  in  writ- 
ing, to  the  clerk  of  the  town,  to  which  he  may  belong,  and  by 
notifying  thereof  the  clerk  of  said  society,  he,  together  with  his 
polls  and  estate,  shall  be  considered  to  belong  to  said  Episco- 
pal Society,  in  the  same  manner  as  if  incorporated  by  name  in 
this  Act.  And  whenever  any  person  belonging  to  said  society 
shall  incline  to  withdraw  therefrom,  by  signifyinjr  such  his  de-i 
sire,  in  writing,  to  the  clerk  of  said  Episcopal  Society,  and  by 
notifying  thereof  the  clerk  of  the  town  in  which  he  resides,  he, 
with  his  polls  and  estate,  shall  be  discharged  from  said  Epis- 
copal Society:  Provided  however,  That  in  either  case,  such  per- 
son shall  be  liable  to  pay'  his  proportion  of  all  assessments 
previously  made  upon  the  inhabitants  of  the  town  in  which  he 
resides,  or  upon  the  members  of  said  Episcopal  Society,  as  the 
case  may  be. 

Sect.  4.  Be  it  further  enacted.  That  the  members  of  said 
corporation  may  meet  annually,  on  Easter  Monday,  and  at  any 
adjournment  of  that  meeting,  and  shall  appoint  two  or  more 
church  wardens,  a  treasurer,  and  a  clerk,  and  such  other  offi- 
cers as  they  m;iy  think  necessary  for  the  management  of  their 
concerns,  to  continue  until  others  shall  be  chosen  in  their  place: 
and  at  such  meetings  may  establish  suitable  by-laws,  and  de- 
termine in  what  manner  their  annual  amd  other  meetings  may 
be  notified  and  convened  ;  and  the  wardens  so  chosen  may  ap- 
point special  meetings  for  transacting  the  affairs  of  the  church, 
in  such  manner  as  may  be  directed  by  the  by-laws  so  to  be 
made:  And  the  first  meeting  of  said  Episcopal  Society  shall 
be  on  Easter  Monday,  the  eleventh  day  of  April  next.  [Feb. 
18,1814.]  '^  ■- 


Chap.  133. 


An  Act  to  inrorporate  The  Northborough  Manufacturing  Company. 
Sect.  1.     BE  it  enacted  h/  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same 
Persons incor-   That  George  Slocum,jun.   Isaac  Davis,  Silas  Gates,  Phineas 
porae  .  Ba\h,  Asaph  Rice,  Benjamin  Rice,  Caleb  Witherbee,  Joseph 

Davis,  Joseph  Howe,  and  their  associntes,  together  with  all 
those  who  have  already,  or  may  hereafter  associate  with  them 
their  successors  and  assigns,  be,  and  they  are  hereby  made  a 
corporation,  by  the  name  of  The  Northborough  Manufacturing 
Company,  for  the  purpose  of  manufacturing  rotton  and  woollen 
cloth  and  yarn  in  the  town  of  Northborough,  in  the  county  of 
Worcester;  and  for  this  purpose,  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  and  requirements 
(I808ch.65.)  prescribed  and  contained  in  an  Act,  entitled,  "An  Act  defining 
the  general  powers  and  duties  of  Manufacturing  Corporations," 
passed  the  third  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  nine. 

Sect.  2.     Be  it  further  enacted,  That  the  said  corporatioa 


1813. Chap.  134.  527 

may  lawfully  hold  and  possess  real  estate,  not  to  exceed  the  May  hold  real 
value  of  one  hundred  thousand  dollars,  and  personal  estate,  not  and  personal 
exceeding  two  hundred  thousand  dollars,  as  may  become  ne- 
cessary and  convenient  for  establishing  and  carrying  the  manu- 
factory aforesaid.     [Feb.  18,  1814.] 

An  Act  to  incorporate  The  Manufacturers  and  Mechanics  Bank.  Cho/O    134 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House   of  Repre- 
sentatives^ in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  George  Sullivan,  John  Bellows,  William  Appleton,  persons  incor- 
Winslow   Lewis,   William   Cochran,  Thomas  B.   Wales,  Seth  porated. 
Knowles,  Ezra  A.  Bourne,  their  associates,  and  those  who  they 
may  hereafter  associate  with  them,  their  successors  and  assigns, 
shall  be,  and  hereby  are  created  a  corporation,  by  the  name 
of  The  Manufacturers  and  Mechanics  Bank;  and  shall  so  con- 
tinue from  the  fifth  day  of  April  next,  until  (he  first  Monday  in  Time  ineorpo- 
October,  which  shall  be  in  the  year  of  our  Lord  one  thousand  rated  for. 
eight  hundred  and  thirty-one,  and  by  that  name  shall  be,  and 
hereby  are  made  capable  in  law,  to  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended,  in  any  courts  of 
record,  or  any  other  place  whatever;  and  also  to  make,  have 
and  use  a  common  seal,  and  the  same  to  break  again  at  plea- 
sure, alter  and  renew,  and  also  to  ordain,  establish  and  put  in 
execution  such  by-laws,  ordinances  and  regulations,  as  to  them 
shall  appear  necessary  and  convenient  for  the  government  of 
said  corporation,  and  the  prudent  management  of  their  affairs: 
Provided  such  by-laws,  ordinances  and  regulations,  shall  in  no  Provise. 
wise  be  contrary  to  the  constitution  and  laws  of  this  Common- 
wealth ;  and  the  said  corporation  shall  be  always  subject  to 
the  rules,  restrictions,  limitations  and   provisions  herein  pre- 
scribed. 

Sect.  2.     Be  it  further  enacted,    That  the  capital  stock  of  (1815  ch.  68.) 
said  corporation  shall  consist  of  a  sum  not  exceeding  fifteen  Amount  of 
hundred  thousand  dollars,  in  gold  and  silver,  besides  such  part  capital  stock 
as  this  Commonwealth  shall  subscribe,  in  manner  herein  after  share, 
mentioned  ;  divided  into  shares  of  one   hundred  dollars  each, 
which  shall  be   paid  in  manner  following,  that  is  to  say,  one 
fourth  part  thereof  on  or  before  the  fifteenth  day  of  April  next ; 
one  other  fourth   part  on  or  before  the  fifteenth  day  of  July 
next,  and  the  residue  at  such  time  within  two  years  from  the 
passing  of  this  act.  as  the  stockholders  at  any  meeting  called 
for  that  purpose  shall  direct.     And  the  stockholders  at  their 
first  meeting  shall,  by  a  majority  of  votes,  determine  the  mode 
of  transferring  and   disposing  of  said  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, until  thej  otherwise  determine  ;  and  the  said  corporation  May  hold  re»i 
are  hereby  made  capable  in  law,  to  have,  hold,  purchase,  re-  ^^^^^^  ^^^ 
ceive,  possess,  enjoy  and  retain  to  them,  their  successors  and  *™°""'- 
assigns,   lands,    rents,   tenements  and   hereditaments,   to   the 
amount  of  one  hundred  thousand  dollars,  and  no  more  at  any 
one  time ;  with  power  to  bargain,  sell  and  dispose  of  the  same, 
and  to  loan  and  negotiate  their  monies  and  eflfects,  by  discount- 


528 


1813. 


Chap.  134. 


Proviso. 


Governor  to 
appoint  Com- 
missionei's, 
and  duty  of. 


Bank,  where 
established. 


(1811  ch.  34.) 


Amount  appro- 
priated foi-  Me- 
chanics and 
Manufactur- 
ers. 


Shall  loan  to 
the  Common- 
wealth. 


Proviso. 


Legislative 
committee  may 
examine  books, 
Sic. 


ing  on  banking  principles,  on  such  security  as  they  shall  think 
advisable  :  Provided  however,  That  nothing  herein  contained 
shall  restrain  or  prevent  the  said  corporation  from  taking  and 
holding  real  estate  in  mortgage  or  on  executions,  to  any  amount, 
as  security  for  or  in  payment  of  any  debts  due  to  the  said  cor- 
poration: And  provided  further,  That  no  monies  shall  be  loan- 
ed or  discounts  made,  nor  shall  any  bills  or  promissory  notes 
be  issued  from  said  bank,  until  the  capital  subscribed,  and  ac- 
tually paid  in,  and  existing  in  gold  and  silver  in  their  vaults, 
shall  amount  to  three  hundred  and  seventy-five  thousand  dol- 
lars, nor  until  the  said  capital  stork  actually  in  said  vaults  shall 
have  been  inspected  and  examined  by  three  commissioners,  to 
be  appointed  by  the  Governor  for  that  purpose,  whose  duty  it 
shall  be,  at  the  expense  of  said  corporation,  to  examine  and 
count  the  monies  paid  and  actually  existing  in  said  vaults,  and 
to  ascertain  by  the  oath  of  the  directors  of  said  bank,  or  some 
of  them,  that  said  capital  hath  been  bona  fide  paid  in  by  the 
stockholders  of  said  bank,  and  towards  payment  of  their  re- 
spective shares,  and  not  for  any  other  purpose,  and  that  it  is 
intended  therein  to  remain  as  part  of  said  capital,  and  to  return 
a  certificate  thereof  to  the  Governor. 

Sect.  3.  Be  it  further  enacted.  That  the  said  bank  shall  be 
established  and  kept  in  the  town  of  Boston  ;  and  this  corpora- 
tion shall  always  be  subject  to  the  rules,  restrictions,  limitations, 
taxes  and  provisions,  and  be  entitled  to  the  same  rights,  and 
privileges  and  immunities,  which  are  contained  in  an  act,  en- 
titled "  An  Act  to  incorporate  the  President,  Directors  and 
Company  of  the  State  Bank;"  except  in  so  far  as  the  same 
are  modified  or  altered  by  this  act,  as  fully  and  effectually  as 
if  the  several  sections  of  said  act  were  herein  specially  recited 
and  enacted. 

Sect.  4.  Be  it  further  enacted.  That  one  third  part  of  the 
capital  stock  of  said  b.ink  shall  be  reserved  for  the  subscrip- 
tion of  Mechanics  and  Manufacturers,  and  proof  thereof  shall 
be  made  to  the  commissioners  to  be  appointed  in  pursuance  of 
the  second  section  of  this  act,  who  shall  certify  the  same  to  the 
Governor. 

Sect.  5.  Be  it  further  enacted,  That  whenever  the  Legisla- 
ture shall  require  it,  the  said  corporation  shall  loan  to  the  Com- 
monwealth, any  sum  of  money  which  may  be  required,  not  ex- 
ceeding ten  per  centum  of  the  capital  stock,  then  actually  paid 
in  at  any  one  time  ;  reimbursable  by  five  annual  instalments, 
or  at  any  shorter  period,  at  the  election  of  the  Commonw^ealth, 
with  the  annual  payment  of  interest,  at  a  rate  not  exceeding 
five  per  centum  per  annum  :  Provided  however.  That  the  Com- 
monwealth shall  never  stand  indebted  to  said  corporation,  with- 
out their  consent,  for  a  larger  sum  than  tw^enty  per  centum  of 
the  capital  stock  then  paid  in. 

Sect.  6.  Be  it  further  enacted.  That  any  committee  espe- 
cially appointed  by  the  Legislature  for  the  purpose,  shall  have 
a  right  to  examine  into  the  doings  of  said  corporation,  and 
shall  have  free  access  to  all  their  books  and  vaults,  and  if  upon 
such  an  examination  it  shall  be  found,  and  after  a  full  hearing 


1813. Chap.   134—135.  529 

of  said  corporation  thereon,  be  determined  by  the  Legislature, 
that  said  corporation  have  exceeded  their  powers,  or  failed  to 
comply  with  any  of  the  rules,  restrictions  and  conditions  by 
law  provided,  their  incorporation  shall  thereupon  be  declared 
forfeited  and  void. 

Sect.  7.  Be  it  further  enacted,  That  the  persons  herein  J^^^^y.J^^'l  * 
before  named,  or  any  three  of  them,  are  authorised  to  call  a  '"^^^'"S* 
meeting  of  the  members  and  stockholders  of  said  corporation, 
as  soon  as  may  be,  at  such  time  and  place  as  they  may  see  fit 
to  appoint,  by  advertising  the  same  in  any  two  newspapers 
printed  in  the  town  of  Boston,  for  the  purpose  of  making,  or- 
daining and  establishing  such  by-laws  and  regulations  for  the 
orderly  conducting  the  affairs  of  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  may  see  fit 
to  choose. 

Sect.  8.     Be  it  further  enacted.    That  the   Commonwealth  Common- 
shall  have  a  right  whenever  the  Legislature   shall  make  pro-  "u^scVib^!"^ 
vision  therefor  by  law,  to  subscribe  on  account  of  the  Com-  ^1315  ^j^^  gg^^ 
monwealth,   a  sum  not  exceeding  five  hundred  thousand  dol- 
lars, to   be   added  to   the    capital  stock  of  said    corporation, 
subject  to   such   rules,  regulations   and   provisions  as   to  the 
management  thereof,  as  shall  be  by  the  Legislature  made  and 
established. 

Sect.  9.     Be  it  further  enacted,  That  the  said  corporation  Shall  pay  ai- 
shall   be    liable  to   pay    to   any  bona  fide  holder,    the  origi-  ^^'^^  "°^^-'' 
nal  amount  of  any  note  of  said   bank,  altered  in  the  course 
of  its  circulation  to  a  larger  amount,  notwithstanding  such  al-  > 

teration. 

Sect.   10.     Be  it  further  enacted.  That  the  said  corporation  Shall  pay  tas 
shall  pay  by  way  of  tax  to  the  treasurer  of  this   Common-  g°^^g^^    ^^^* 
wealth,  for  the  use  of  the  same,  within   ten  days  after  each 
semi-annual  dividend,  the  half  of  one  per  cent,  on  the  amount 
of  the  original  stock,  which  shall  at  the  time  of  said  dividend 
have  been  actually  paid  in  :  Provided  however,  That  the  same  Proviso, 
tax,  payable   in  manner  aforesaid,  shall  be  required  by  the 
Legislature  of  all  banks   incorporated  within   this  Common- 
wealth. 

Sect.  H.  Be  it  further  enacted,  That  whenever  the  Com- 
monwealth shall  subscribe  to  the  cajiital  stock  of  said  corpora- 
tion in  manner  herein  before  provided  for,  in  addition  to  the 
Directors  by  law  to  be  chosen  by  the  stockholders,  the  Legis-  Legislature 
lature  shall  have  a  right,  from  time  to  time,  to  appoint  a  num-  pfi-^^tws°'"* 
ber  of  Directors  of  s  ;id  bank,  in  proportion  as  the  sums  paid 
from  the  treasury  of  the  Commonwealth  shall  bear  to  the'whole 
amount  of  stock  actually  paid  into  the  suid  bank,  if  at  any  time 
hereafter  they  shall  judge  fit  to  exercise  that  right.  [Feb.  18, 
1814.]     Add.  act— 1815  ch.  68. 

An  Act  to  incorporate  The  Neponset  Cotton  Factory  Company.  Chap»  135» 

Sect.  1.  BE  it  enacted  bxj  the  Senate  and  Honse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same^ 
That  Virgil  Maxey,  David  Hoffman,  Dennis  A.  Smith,  Thomas 

VOL.  IV.  G7 


530 

Persons  incor- 
porated. 


1813. 


Chap.   135 — 138. 


(1808  ch.  65.) 


May  hold  real 
and  personal 
estate. 


Chap.  137. 


Persons  incor- 
porated. 


(1808  ch.  65.) 


May  hold  real 
and  personal 
estate. 


Chap.  138. 


Persons  incor- 
porated. 


Stanley,  and  John  Stanley,  and  others  who  have  already  asso- 
ciated, together  with  such  other  persons  as  may  hereafter  asso- 
ciate  with  them,  their  successors  and  assigns,  be,  and  they  are 
hereby  made  a  corporation  by  the  name  of  the  Neponset  Cot- 
ton  l^actory  Company,  for  the  purpose  of  manufacturing  cot- 
ton goods  at  Walpole,  in  the  county  of  Norfolk  ;  and  for  this 
purpose,  shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  and  requirements,  contained  in  an  act 
passed  the  third  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  nine,  entitled,  "  An  Act  defin- 
ing the  general  powers  and  duties  of  manufacturing  corpora- 
tions." or 

Sect.  2.  Be  it  further  enacted.  That  the  said  corporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate,  not 
exceeding  the  value  of  fifty  thousand  dollars,  and  such  person- 
al estate,  not  exceeding  the  value  of  one  hundred  thousand  dol- 
lars, as  may  be  necessary  and  convenient  for  establishing  and 
carrying  on  the  manufacture  aforesaid,  in  the  town  of  Walpole 
aforesaid.     [Frb.  18,  1814.] 

An  Act  to  establish  the  Plymouth  Woollen  and  Cotton  Factory  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  Barnabas  Hedge,  jun.  Joseph  Barllett,  3d.  Zac- 
cheus  Bartlett,  Samuel  Torry,  William  Osborn,  and  Jesse  In- 
glee,  together  with  such  others  as  may  hereafter  associate  with 
them,  their  successors  and  assigns,  be,  and  they  hereby  are 
made  a  corporation,  by  the  name  of  The  Plymouth  Woollen 
and  Cotton  Factory,  ior  the  purpose  of  manufacturing  wool, 
cotton  and  linen  yarn  and  cloth,  in  Plymouth  ;  and  shall  have 
ail  the  powers  and  privileges,  and  shall  be  subject  to  all 
the  duties  and  requirements,  prescribed  in  an  act,  entitled, 
'  An  Act  defining  the  general  powers  and  duties  of  manufac- 
turing corporations,"  passed  the  third  day  of  March,  eio-hteen 
hundred  and  nine. 

Sect.  2.  Be  it  further  enacted.  That  said  corporation,  in 
their  corporate  capacity,  shall  and  may  lawfully  hold  and 
possess  such  real  estate,  not  exceeding  fifty  thousand  dollar's 
and  personal  estate,  not  exceeding  one  hundred  and  fifty  thou- 
sand dollars,  as  may  be  necessary  and  convenient  for  carryin«r 
on  said  manufacture,  in  their  various  branches,  as  aforesaid! 
[Feb.  18,  1814.] 


An  Act  to  incorporate  The  Pittsfield  Woollen  and  Cotton  Factory. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, m  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Lemuel  Pomeroy,  Joseph  Merrick,  Ebenezer  Cen- 
ter, Samuel  D.  Colt,  David  Campbell,  David  Campbell,  jun. 
IhomasB.  Strong,  James  Buel,  and  Arthur  Scholfield,  with 
such  others  as  already  have,  or  hereafter  may  associate  with 
them,  their  successors  or  assigns,  be,  and  hereby  are  made  a 
corporation  by  the  name  of  The  Pittsfield  Woollen  and  Cotton 
tactory,  tor  the  purpose  of  manufacturing  woollen  and  cotton 
in  the  town  of  Pittsfield  ;  and  for  that  purpose  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  duties  and 


1813.  ^ Chap.  188— 13§.  531 

requirements,  contained  in  an  act,  passed  the  third  day  of 

March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

and  nine,  entitled,  "An  Act  defining  the  general  powers  and  (1808  ch.  65.) 

duties  of  manufacturing  corporations." 

Sect.  2.  Be  it  further  enacted.  That  said  corporation  maybe  May  hold  real 
lawfully  seized  and  possessed  of  such  real  estate,  not  exceed-  g^^^P^"^^""** 
ing  the  value  of  thirty  thousand  dollars,  and  such  personal  es- 
tate, not  exceeding  the  value  of  one  hundred  thousand  dollars, 
as  may  be  nccessar}^  and  convenient  for  carrying  on  the  ma- 
nufactory of  woollen  and  cotton  in  the  said  town  of  Pittsfield. 
[Feb.  18,  1814.] 

An  Act  to  provide  for  the  safe  keeping  of  Gunpowder,  in  the  town  of  Charles-  O/lOp.  loJm 
town. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same,, 
That  from  and  after  the  passing  of  this  Act,  no  person  or  per- 
sons, (not  on  military  duty,)  shall  keep,  have,  or  possess  in  any 
store,  barn,  house  or  other  building,  or  in  or  upon  any  place  or 
thing  whatever  within  the  town  of  Charlestown,  except  in  a  pub- 
lic powder  house  in  said  town,  gunpowder  in  any  quantity  ex-  Powder,  where 
ceeding  five  pounds,  in  any  way  or  manner  otherwise  than  as 
by  this  Act  is  permitted  :  Provided  nevertheless,  that  nothing  in  P'O'^^^^' 
this  Act  shall  be  construed  to  operate  as  a  prohibition  to  the 
transporting  of  gunpowder  through  the  town  of  Charlestown 
aforesaid,  or  to  or  from  the  public  magazines  in  said  town,  from 
or  into  any  part  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  no  merchant  or  private 
armed  vessel,  on  board  of  which  gunpowder  shall  be  laden  in 
quantity  exceeding  twenty-five  pounds,  shall  lay  within  two 
hundred  yards  of  any  wharf  within  said  town. 

Sect.  3.  Be  it  further  enacted.  That  all  gunpowder  found  with- 
in the  said  town  of  Charlestown,  contrary  to  the  provisions  of 
this  Act,  shall  be  forfeited  and  may  be  seized  by  one  or  more 
of  the  fire-wards  of  said  town  ;  and  it  shall  be  the  duty  of  such  Dutyoffire^ 
fire-ward  or  fire-wards,  within  twenty  days  after  such  seizure,  wards, 
to  file  a  libel  in  the  clerk's  office  of  the  Circuit  Court  of  Com- 
mon Pleas,  for  the  Middle  Circuit,  in  the  county  of  Middlesex, 
stating  the  cause  of  such  seizure,  and  praying  for  a  decree  of 
forfeiture;  and  the  judges  of  said  court  shall  have  power  to 
hear  and  determine  the  cause  by  a  jury  where  there  is  a  claim- 
ant 5  but  without  a  jury,  if  upon  proclamation  made  no  claim- 
ant appear,  and  to  decree  the  forfeiture  and  disposition  of  such 
property  according  to  law,  and  may  decree  a  sale  and  distri- 
bution of  the  proceeds,  deducting  charges  ;  and  if  such  libel  be 
not  supported,  restitution  of  the  property  shall  be  decreed  with- 
out cost ;  but  if  a  claimant  appear,  and  disputes  the  forfeiture, 
and  said  gunpowder  shall  be  finally  decreed  forfeited,  such 
claimant  shall  pay  all  costs  of  prosecution  which  may  have  le- 
gally arisen  thereon. 

Sect.  4.  Be  it  further  enacted,  That  all  such  gunpowder  so  for- 
feited, shall  be  forfeited,  one  moiety  thereof  to  the  use  of  the 
Commonwealth,  and  the  other  moiety  thereof  to  the  use  of  the 
fire-wards  of  said  town  of  Charlestown ;  Provided  always^  that 


532  1813. Chap.  139—141. 

Quantity  ai-     it  shall  and  may  be  lawful  for  any  person  or  persons,  to  keep 

kept,^  *°  ^^  ^"  ^^^^  °'*  ^'^^'''  '^o"se,  ware  house,  or  shop,  for  sale,  by  retail, 
any  quantity  of  gunpowder,  not  exceeding  twenty-five  pounds 

Proviso.  in  the  whole  :  Provided,  the  same  be  constantly  kept  in  copper, 

brass  or  tin  cannisters,  closely  covered  with  copper,  brass,  or 
tin,  and  not  otherwise. 

Sect.  5.  Be  if  further  enacted,  That  if  any  gunpowder  shall 
be  found  in  the  town  of  Churlestown  aforesaid,  contrary  to  the 
provisions  of  this  Act.  the  owner  or  owners  of  the  same,  or  oth- 
er per  on  or  persons  in  whose  possession  it  shall  be  found,  be- 

Penaityfor  sides  the  forfeiture  aforesaid,  shall  forfeit  and  pay  forty  cents 
for  every  pound  of  such  gunpowder,  one  moiety  thereof  to  the 
use  of  the  poor  of  said  town  of  Charlestown,  and  the  other 
moiety  to  the  use  of  him  or  them,  who  shall  sue  for  the  same ; 
which  forfeiture  of  forty  cents  may  be  recovered  by  action  of 
the  case,  in  any  court  proper  to  try  the  same. 

„.         ,  Sect.  6.   Be  it  further  enacted.  That  it  shall  and  may  be  law- 

Firewardsmay   ^ir  '  r    \      r  ^       r       •^  c r^i       ^ 

enter  buildings.  lul  ior  any  oneormorcol  the  hrewards  oi  said  town  oiL/narles- 
town,  to  enter  any  liuilding  or  other  place  in  said  town  of 
Charlestown,  in  the  day  time,  lo  search  for  gunpowder  which 
they  may  have  reason  to  suppose  to  be  concealed,  or  kept  con- 
trary to  the  provisions  of  this  Act,  having  first  obtained  a  search 
WTrrant  t'lpr'-'fnr  Ftrrordinsc  ^o  law.     \Feh.  18,  1814.] 

n  p.   ^^l*     All  Ac i  leguiciiiiiii  tilt  toll  ulluweil  to  tlie  piopiietors  of  ('onnecticut  River  Bridge. 

(V.  2.  p.  94.)  Sect.  1 .   BE  it  enacted  by  the  Senate  and  House  of  Representa- 

tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  fifih  section  of  an  Act,  entitled  "  An  Act  for  incorpo- 
rating certain  persons  for  the  purpose  of  building  a  bridge  over 
Connecticut  river,  in  the  county  of  Hampshire,  and  for  sup- 
porting the  same,"  passed  June  eighteenth,  in  the  year  one 
thousand  seven  hundred  and  ninety-six,  be,  and  the  same  is 
hereby  repealed. 

Sect.  2.  Be  it  further  enacted,  That  a  toll  be,  and  hereby  is 
granted  to  the  proprietors  of  Connecticut  river  bridge,  to  re- 
imburse them  for  their  expenses  in  building  said  bridge,  and 

Rates  of  toll  ^^^  supporting  the  same,  according  to  the  following  rates,  viz. : 
for  each  foot  passenger,  three  cents;  for  each  horse  and  rider, 
eight  cents  ;  for  each  horse  and  chaise,  chair,  sulkey,  or  wag- 
gon, drawn  by  one  horse,  sixteen  cents ;  for  each  coach,  cha- 
riot, phaeton,  or  other  four  wheel  carriage  for  passengers,  thir- 
ty-three cents  ;  for  each  curricle,  twenty-five  cents  ;  for  each 
sleigh  for  passengers,  drawn  by  one  horse,  twelve  and  a  half 
cents  ;  if  drawn  by  more  than  one  horse,  sixteen  cents ;  for 
each  cart,  waggon,  sleigh,  or  other  carriage  of  burthen,  drawn 
by  one  beast,  twelve  and  a  half  cents  ;  and  for  every  addition- 
al beast,  four  cents  ;  for  horses  or  neat  cattle,  exclusive  of  those 
rode  on,  or  in  carriages,  three  cents ;  for  sheep  and  swine,  one 
cent  each  ;  and  one  person  only  shall  be  allowed  as  a  driver 
to  each  team,  to  pass  free  of  toll ; — and  all  persons  who  shall 
have  occasion  to  pass  said  bridge  to  perform  military  duty, 
'       shall  pass  free  of  toll.     [Feh  1  8,  1814.] 


1813. Chap.  142.  533 

An  Act  to  incorporate  the  Protestant  Episcopal  Society  in  the  town  of  Sheffield.     Chap.  142. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of  the  same, 
That  Snmuel  Adams,  Elijah  Arnold,  Morris  Austin,  Seth  Aus-  persons  incor- 
tin,  Jonathan  Barflett,  Roger  Barton,  Asa  F.  Bigelow,  David  porated. 
Burrell,  Jedediah  Burrell,  Warren  Burrell,  Samuel  C.  Clay, 
Archer  Callender,  Ira  Chamberlain,  John  Chapman,  Samuel 
Curtis,  James  Curtis,  Giles  Curtis,  Harmi  Davis,  Caleb  Dres- 
ser, William  Dunwell,  Ebenezer  Ferry,  Isaac  Ferry.  Oramel  - 
Ferry,  Samuel  Fosket,  Whitney  Fosket,  Zacheus  Goodrich, 
Moses  Hubbard,  Harvey  H.  Hubbard,  Timothy  Hubbard,  jr. 
William  Huggins,  Jared  Johnson,  Joseph  Johnson,  William 
Johnson,  Austin  Kenney,  Walter  Landon,  Rowland  Langford, 
Timothy  Lovejoy,  Asa  Mason,  Nathaniel  Noble,  jun.  Allen 
Pease,  Nathaniel  Pixley,  Carmi  Ransford,  Solomon  Ransford, 
Gideon  Schelinger,  Gilbert  Schelinger.  Hector  Schelinger,Amos 
Shears,  Edwin  Shears,  Harry  Shears,  Jeremiah  Shears,  Samuel 
Shears,  Zachariah  Shears,  Nathaniel  Spaulding,  Derrick  Spoor, 
Derrick  Spoor,  jr.  Jacob  Spoor,  Nicholas  Spoor,  Stephen  Ste- 
phens,ThomasStephens,WilliamStephens,WilliamStephens.jun. 
EliakimVosburgh.GomeryVosbnrgh, Russell  Vosburgh,  Salmon 
Way,  Joel  Way,  Calvin  Westover,Elisha  Westover,  Levi  West- 
over,  Job  Westover,  Jacob  Warn,  Benoni  Warn,  Joseph  Wil- 
cox, and  Ebenezer  Wilcox,  together  with  their  families  and  es- 
tates, and  such  other  persons  as  may  hereafter  associate  with 
them,  and  their  successors,  in  the  manner  provided  in  this  Act, 
be,  and  they  are  hereby  incorporated  as  a  religious  society,  by 
the  name  of  the  Protestant  Episcopal  Society  in  Sheffield,  with 
all  the  powers  and  privilesres,  which  are  exercised  and  enjoyed  Rights  and 

1  r      ,  .  ^l     1      '  1      •  1  !•        •  1  X    •    »•  privileges. 

by,  and  subject  to  all  the  duties,  obligations,  and  restrictions,  "^ 
incident  to  other  religious  societies,  according  to   the  constitu- 
tion and  laws  of  this  Commonwealth. 

Sect.  2.  Be  it  further  enacted.  That  any  person  living  in  the 

said  town  of  Sheffield,  being  a  member  of  any  other  religious  Manner  of  be- 
.  -,  P  1      .  •    •       1  •  ]   f ^    •      commg  a  mem- 

society  in  the  said  town,  who  may  desire  to  join  the  said  Jj^pis-  ber. 

copal  society,  shall,  previous  thereto,  declare  such  desire  in 
writing,  and  deliver  it  to  the  minister  or  clerk  of  the  said  Epis- 
copal society,  and  shall  also  give  a  copy  of  the  said  written  de- 
sire to  the  clerk  of  said  town  ;  and  if  such  person  doth  receive, 
and  can  produce  a  certificate,  signed  by  the  wardens  of  said 
Episcopal  society,  that  such  person  has  been  received  as  a 
member  thereof,  such  person,  with  his  or  her  polls  and  estate, 
shall  be  considered  and  held  a  member  of  the  said  Episcopal 
society  :  Provided  always,  that  such  person  shall  be  holden  to  Proviso, 
pay  his  or  her  proportion  of  all  legal  assessments,  or  other  pa- 
rish, or  society  charges  and  expenses,  due  and  unpaid,  at  the 
time  of  leaving  one  society  and  joining  another. 

Sect.  3.  Be  it  further  enacted,  That  when  any  member  of  the  Manner  of 
said  Episcopal  society  may  see  cause  to  leave  the   same,  and  leaving, 
to  join  in  a  parish  or  society  relation,  with   any  other  religious 
society  in  the  said  town  of  Sheffield,  shall  declare  such  desire 
and  intention  in  writing,  and  deliver  it  to  the  minister  or  dea- 
cons thereof,  and  shall  also  give  a  copy  of  the  same  to  the  war- 


534  1813. Chap.  142— 145. 

dens  of  the  said  Episcopal  society  ;  and  if  such  person  do  re- 
ceive, and  can  produce  a  certificate  of  admission  to  member- 
ship, with  such  other  society,  such  person  with  his  or  her  polls 
and  estate,  from  the  date  of  such  certificate,  shall  be  consider- 
ed and  held  as  a  member  of  the  society  to  which  he  or  she  has 
Proviso.  so  become  united  :   Provided  however,  that  in  every  case  of  se- 

cession from  one  society,  and  joining  another  in  the  said  town 
of  Sheffield,  every  such  person  shall  always  be  holden  to  pay 
his  pr  her  proportion  of  all  legal  assessments,  and  all  other  pa- 
rish or  society  charges  and  expenses  due   and  unpaid,   at  the 
^  time  he  or  she  may  so  secede. 
Justice  to  issue       Sect.  4.  Be  il  further  enacted.  That  any  Justice  of  the  Peace 
warrant.  for  the  county  of  Berkshire,  is  hereby  empowered   to   issue  a 

warrant  di/'ected  to  one  of  the  members  of  said  Episcopal  so- 
ciety, requiring  him  to  notify  and  warn  the  members  thereof, 
to  meet  at  such  convenient  time  and  place,  as  shall  be  appoint- 
ed in  said  warrant,  (o  organize  the  said  society,  by  the  election 
and  appointment  of  its  officers.     [Feb.  22,  1814.] 

Kyfiap.  146.     y^n  Act  jr,  further  arklition  to  "  An  Act  in  addition  to  Acts  regulating  the  storage, 
The  preceding       safe  keeping  and  transportation  of  gunpowder  within  the  town  of  Boston." 

ed  by  1816  ch.       Sfxt.   1.     BE  it  enacted  by  the  Senate  and  House  of  Representa- 

26.  fives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 

That  from  and  after  the  first  day  of  April  next,  no  commissary 
or  any  other  officer  or  officers,  or  any  person  or  persons,  in  the 
service  of  the  United  States,  or  acting  in  the  department  of 
commissary  or  quarter  master  general  of  this  Commonwealth, 
shall  be  permitted  to  have,  keep,  or  possess  within  the  town  of 
Boston,  a  greater  quantity  of  gunpowder  than  four  hundred 
pounds ;  and  that  the  powder  so  had  and  possessed  within  the 

Powder,  where  said  town,  shall  be  kept  in  a  place  approved  of  by  the  fire- 
^^  '  wards  of  the  said  town,  either  under  ground  in  a  vault,  or  in  a 

stone  or  brick  building  secured  against  explosion  by  fire. 

Sect.  2.  Be  it  further  enacted,  That  any  gunpowder  which 
shall  be  found  in  the  possession  of,  or  which  may  be  had  or 
kept  within  the  town  of  Boston,  by  any  officer  or  officers,  or 
any  person  or  persons  whatsoever,  acting  in  behalf  or  under 
the  authority  of  the  United  States,  or  by  any  agent  or  servant 
of  such  officers  or  persons  ;  and  all  gunpowder,  possessed,  had, 
or  kept,  b}--  any  officer  of  the  commissary  or  quarter  master 
generals  departments  of  the  state  of  Massachusetts,  or  persons 

waSs!  '^"  acting  under  the  authority  of  these  departments,  contrary  to 
the  provisions  of  this  Act,  may  be  seized  by  any  two  or  more 
of  the  fire-wards  of  the  town  of  Boston,  and  the  same  may  be 
libelled  and  condemned,  and  sold,  and  the  proceeds  thereof 
distributed  as  is  by  law  provided  for  the  forfeiture  of  gunpow- 
der in  other  cases  within  said  town.  [Feb.  22,  1814.]  See 
1816  ch.  26:  1820  ch.  47. 

L/hap,  145.  An  Act  to  incorporate  the  Troy  Cotton  and  Woollen  Manufactory. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  ShefFel  Weaver,  James  Maxwell,  James  Driscoll,  Daniel 


1813.— -Chap.  145— 147.  535 

Buffinton  and  Nathaniel  Wheeler,  together  with  such  others  as  Persons  incor- 
have,  or  may  hereafter  associate   with  them,  their  successors  po'^ted. 
and  assigns,  be,  and  they  hereby  are  made  a   corporation,   by 
the  name  of  the  Troy  Cotton   and   Woollen   Manufactory,  for 
the  purpose  of  manufacturing  cotton  and  woollen  j^arn  and  cloth, 
in  the  town  of  Troy,  in  the  county  of  Bristol ;  and  for  the  pur- 
pose aforesaid,  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements  contained  in  an  Act, 
passed  the  third  day  of  March,  in  the  year  of  our   Lord   one 
thousand  eight  hundred  and  nine,  entitled   "  An   Act   defining  (isos  cb.  65.) 
the  general  powers  and  duties  of  manufacturing  corporations." 

Sect.  2.  JBe  it  farther  enacted^  That  said  corporation  may  be  May  hold  real 
lawfully  seized  and  possessed  of  such  real  estate,   not  exceed-  and  personal 
ing  the  value  of  one  hundred  thousand  dollars,  and   such   per-  estate. 
sonal  estate,  not  exceeding  the  value  of  one  hundred   thousand 
dollars,  as  may  be  necessary  and  convenient   for  carrying  on 
the  manufacture  aforesaid.     [Feb.  22,  1814.] 

An  Act  to  incorporate  the  Adams  South  Village  Manufacturing  Company.  (jflOpt  14b. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Jonathan  Richardson,  Russell  Brown,  Humphry  Anthony,  Persons  incor- 
Eli  Green,  Jesse  Whipple,  Arthur  Field,  David   Anthony,  jun.  ^°^^^^  ' 
and  Isaac  Brown,  together  with  such  others  as  may  hereafter 
associate  with  them,  their  successors  and  assigns,  be,  and  they 
are  hereV)y  made  a  corporation,  by  the  name  of  the   Adams 
South  Village  Manufacturing  Company,  for  the  purpose  of  ma- 
nufacturing cotton  and  woollen  cloth  and  yarn,  in  the   town  of 
Adams,  in  the  county  of  Berkshire  ;  and  for  the  purpose  afore- 
said shall  have  all  the  powers  and  privileges,  and  shall  also  be 
subject  to  all  the  duties  and  requirements,  contained  in  an  Act, 
entitled  "  An  Act  defining  the  general  powers  and  duties  of  (^308  ch.  65.) 
manufacturing  corporations,"  passed  the  third   day   of  March,  - 
eighteen  hundred  and  nine. 

Sect.  2.   Be  it  further  enacted,  That  said  corporation,  in  their  May  hold  real 
corporate  capacity,  shall  and  may  lawfully   hold   and   possess  gs^ate!"^^""^^ 
such  real  estate,  not  exceeding  in   value   thirty   thousand   dol- 
lars, and  such  personal  estate,  not  exceeding  one  hundred  thou- 
sand dollars,  as  may  be  necessary  and  convenient  for  carrying 
on  the  manufactories  aforesaid.     [Feb.  22,  1814.] 

An  Act  to  regulate  the  Fishery  in  Aggawaum  or  W^estfield  River.  Chap.  147* 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That,  from  and  after  the  passing  of  this  Act,  any  person  or  per-  Shall  not  set 
sons  who  shall  draw  a  seine,  or  drag-net  within  thirty  rods  of 
the  lower  side  of  the  dam,  or  race-way  at  White's  mills,  on 
Aggawaum  river,  in  the  town  of  West  Springfield,  for  the  pur- 
pose of  catching  shad,  alewives  or  other  fish,  shall,  for  each 
and  every  offence,  forfeit  and  pay  the  sum  of  five  dollars  for 
each  time  he  or  they  shall  so  draw  said  seine,  together  with 
the  forfeiture  of  the  boat  and  seine.  ^ 

Sect.  2.  Be  it  further  enacted;  That  if  any  person  or  persons 


Sic. 


636  1813. Chap.  147—149. 

Shall  not  set      shall  Set  any  pot,  net,  weare  or  hnrdell,  within  thirty  rods  of 
pot,  Ate.  gj^j^  dam,  or  race-way,  for  the  purpose  of  catching  fish  of  any 

kind,  he  or  they  shall,   for  each  and   every  offence,  severally 
forfeit  and  pay  the  sum  of  five  dollars,  for  every  twelve  hours, 
said  pot,  net,  weare  or  hurdell,  shall  be  placed  in  the  said  river, 
and  so  in  proportion  for  a  greater  or  less  time. 
...   „  ,        Sect.  3.  Be  it  further  enacted.  That  any  person  who  shall  at- 

Shall  not  catch  ,  ^  ^  ^    ,    ^'^,        .  .  '  •  i  •    ^    i  r  •  i      t 

with  a  scoop-    tempt  to  catch  fish  with  a  scoop-net,  within  the  aioresaid  dis- 
net.  tance  of  the  lower  side  of  said  dam,  or  in   or  near  the   sluice- 

way made  for  the  passage  of  fish  through  said  dam,  shall,  for 
each  and  every  offence,  forfeit  and  pay  the  sura  of  one  dollar. 
Sect."  4.  Be  it  further  enacted,  That  all  the  fines   and   forfeit- 
Fines  and  for-  ures,  incurred  by  a  breach  of  this  Act,  may  be   recovered,  in 
feitures.  3^  action  on  the  case,  before  any  Justice  of  the  Peace  for   the 

county  of  Hampden.     [Feb.  22,  1814.] 

Chap,   149.  An  Act  establishing  The  Nobscusset  Point  Pier  Company. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Persons  incor-  That  Daniel  Howes,  Henry  Hall,  Zenas  Howes,  John  Howes, 
poiate  ,  j^^^^  ^^j  Oran  Howes,  and  all  such  persons  as  are,  or  shall  be 

associated  with  them,  and  their  successors,  shall  be  a  corpo- 
ration, by  the  name  of  The  Nobscusset  Point  Pier  Company, 
and  shall  by  that  name  sue  and  be  sued,  implead  and  be  im- 
pleaded, and  shall  and  may  appear,  prosecute,  and  defend  in 
all  actions  or  suits,  for  or  against  them,  till  final  judgment,  ex- 
ecution and  satisfaction  ;  and  tliey  shall  have  a  common  seal, 
and  shall  be  capable  in  law,  to  take  by  purchase  or  otherwise, 
Proviso.  and  to  hold,  and  convey  real  estate  :  Provided,  That  the  whole 

real  estate  which  the  company  may  at  any  one  lime  hold,  or 
possess,  in  their  corporate  capacity,  shall  not  exceed  twenty 
thousand  dollars  in  value. 

Sect.  2.     Be  it  further  enacted.  That  the  said   Pier  shall  be 

Where  to  erect  erected  upon  the  easterly  side  of  Nobscusset  Point,  (so  called) 

^'^'''  in  the  town  of  Dennis,  in  the  county  of  Barnstable,  to  be  built 

of  stone  and  timber,  and  to  commence   at  a  sufficient  distance 

from  high  water  mark,  at  said  point,  and  to  run  easterly  six 

hundred  feet,  more  or  less. 

Sect.  3.     Be  it  further  enacted,  That  the  said  Daniel  Howes, 
Henry  Hall,  and  Zenas  Howes,  or  any  two  of  them,  may  call 
a  meeting  of  said  corporation,  by  giving  notice   in   posting  up 
May  call  a       ^"  advertisement  at  Dennis  north  meeting-house  in  said  town, 
meeting.  at  least  ten  days  before  the   time  of  meeting;    and  at  that  or 

any  other  legal  meeting,  the  said  corporation  may  agree  on  the 
mode  of  calling  and  warning  future  meetings,  and  may  elect  a 
President,  Trustees,  Clerk,  or  such  other  officers  as  they  may 
judge  fit  for  the  orderly  conducting  of  their  affairs,  and  the  pru- 
dent management  of  their  estate ;  and  such  officers,  at  their 
pleasure  may  change  or  remove,  and  at  all  their  meetings,  the 
proprietors  present  may  vote  according  to  their  interest  in  said 
Proviso  property,  allowing  one  vote  to  each  share  :    Provided  however, 

that  no  person  shall  have  more  than  five  votes,  and  absent  pro= 
prietors  may  vole  by  proxy,  authorised  in  writing  ;    and  the 


1813.  Chap.  149—15:^.  537 

proprietors  of  said  corporation  may,  at  any  legal  meeting,  adopt 
such  by-laws,  rules  and  regulations,  as  shall  be  necessary  and 
convenient  for  the  management  of  their  affairs  :    Provided,  the  Proviso, 
same   are   not     repugnant  to   the  laws  or  constitution  of  this 
Commonwealth. 

Sect.  4.     Be  it  further  enacted.  That  the  shares  of  any  per- 
son in  said  Pier  Company,  may  be  attached  on  mesne  process,  Attachment  of 
or  taken  and  sold   on  execution,  in  the  manner  pointed  out  by  property. 
an  act,  entitled   "An   act  directing  the  mode  of  attaching  on  (I804ch.83.) 
mesne  process,  and  selling  by  execution,  shares  of  debtors  in 
incorporated  companies." 

Sect.  5.     Be  it  further  enacted,  That  the  shares  of  each  pro-  p^^^^^^^^^, 
prietor  in  said  corporate  property  shall  be,  and  be  considered  j^tg, 
in  all  respects  personal  estate,  and  shall  be  transferred  in  such 
manner,  as  the  proprietors  by  their  laws   shall  provide   and 
direct.     [Fcfc.  22,  1814.] 

An  Act  to  incorporate  The  Liiuim  and  Duck  Manufactiiiing  Company.  Chap.  151. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  Joseph  R.  Newhall  and  Amos  Binney,  together  with  their  Persons  incor- 
associates,  successors  and  assigns,  be,  and  hereby  are  incorpo-  porated. 
rated  by  the  name  of  The  Linum  and   Duck  Manufacturing  ^^  ^^ 

Company,  for  the  purpose  of  spinning  and  manufacturing  flax,  c  .     ,) 

hemp,  (or  whatever  else  can  be  manufactured   with  a  certain  Powers  eolarg- 
machine  called  the  Linum  Spinner)  in  the  town  of  Lynn,  in  the  ed. 
county  of  Essex,  and  one  other  town   within   this    Common- 
wealth ;    and  for  this  purpose,  shall  have   all   the   powers  and 
privileges,  and  be  subject  to  all  the  duties  and  requirements  of 
an  act,^enti(led  "  An  act  defining  the  general  powers  and  duties  (I8O8  ch.  65.) 
of  Manufacturing   Corporations,"    passed    the    third    day    of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  nine. 

Sect.  2.     Be  it  further  enacted.  That  the  said  corporation  may  May  hold  real 
lawfully  hold  and  possess  real  estate,  to  the  value  of  fitly  thou-  and  personal 
sand  dollars,  and  personal  estate,  to  the  value  of  one  hundred 
and  fifty  thousand  dollars. 

Sect.  3.  Be  it  further  enacted,  That  Joseph  R.  Newhall,  is  First  meeting, 
hereby  authorised  to  call  the  first  meeting  of  the  corporation, 
at  such  time  and  place,  as  he  may  deem  proper,  within  the 
town  of  Boston,  by  giving  to  each  proprietor  due  notice  in  writ- 
ing of  the  time,  place,  and  purposes  of  such  meeting.  [Feb.  24, 
1814.]     Add.  act— 1816  ch.  52. 

All  Act  to  incorporate  The  Boston  Asylum  for  Indigent  Boys.  Chap,  153. 

WHEREAS  William  Phillips,  James  Lloyd,  William  Sulli- 
van, Benjamin  Green,  and  Samuel  H.  Walley,  and  a  number  of 
other  persons,  have  associated  for  the  charitable  purpose  of  re-  Pieamble. 
lieving,  instructing,  and  employing  indigent  boys  belonging  to 
the  town  of  Boston,  and  to  carry  their  association  into  effect, 
have  petitioned  to  be  incorporated  : 

Sect.  1.     Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same,  Persons  incer- 
That  the  said  William  Phillips  and  his  associates,  together  with  porated. 

VOL.  IV.  68 


33$ 


1813. 


Chap.   153. 


Proviso. 


Pioviso. 


Annual  Sub- 
scription. 


Time  and  place 
of  meeting. 


IVIay  call  a 
meeting. 


Treasurer  to 
give  bonds. 


such  others  as  may  become  subscribers  to  the  same  institution, 
in  the  manner  herein  after  provided,  be,  and  they  are  hereby 
incorporated  into  a  society,  by  the  name  of  The  Boston  Asylum 
for  Indigent  Boys,  and  by  that  name,  shall  be  a  corporation  for- 
ever, with  power  to  have  a  common  seal,  to  make  contracts 
relative  to  the  objects  of  their  institution,  to  sue  and  be  sued,  to 
establish  by-laws  and  orders  for  the  regulation  of  the  said  soci- 
ety, and  the  preservation  and  application  of  the  funds  thereof; 
Provided,  the  same  be  not  repugnant  to  the  constitution  or  laws 
of  this  Commonwealth.  To  take,  hold  and  possess  any  estate, 
real  or  personal,  by  subscription,  gift,  grant,  purchase,  devise, 
or  otherwise,  free  from  taxes,  and  the  same  to  improve,  lease, 
exchange,  or  sell  and  convey,  for  the  sole  benefit  of  said  insti- 
tution :  Provided,  That  the  value  of  the  real  estate  of  said  soci- 
ety, shall  never  at  any  one  time,  exceed  fifty  thousand  dollars, 
and  the  annual  income  of  the  whole  estate  of  said  society,  shall 
not  exceed  twenty  thousand  dollars. 

Sect.  2.  Be  it  further  enacted,  That  every  person  who  shall 
subscribe,  and  pay  to  the  funds  of  said  society  a  sum  not  less 
than  three  dollars  annually,  shall,  by  such  subscription  and 
payment,  become  a  member  of  said  society,  liable,  however,  to 
be  removed  therefrom,  on  neglect  or  refusal  to  pay  the  annual 
subscription  aforesaid. 

Sect.  3.  Be  it  further  enacted,  That  the  said  society  shall 
meet  in  Boston,  on  the  first  Monday  in  May  annually  ;  for  the 
purpose  of  electing  by  ballot  from  their  members,  a  President, 
Vice-President,  Treasurer,  Secretary,  and  a  board  of  not  less 
than  six,  nor  more  than  nine  managers,  in  addition  to  the  Pre- 
sident, Vice-President,  and  Treasurer  of  the  society,  who  shall 
always  be  ex  officiis  members  of  the  board  of  managers  ;  all 
which  officers  shall  hold  their  respective  offices  for  one  year, 
and  until  others  shall  be  elected  to  succeed  them  ;  except  in 
case  of  vacancy  by  death,  or  resignation  ;  in  which  case  the 
board  of  managers  shall  have  power  to  fill  such  vacancy,  until 
the  ensuing  annual  election  ;  and  the  said  Board  of  Managers 
shall  have  power  to  call  a  meeting  of  the  said  society  whenever 
they  may  deem  it  expedient ;  and  it  shall  be  their  duty  to  call 
such  meeting  whenever  requested  thereto  by  fifty  of  the  sub- 
scribers, and  to  give  notice  of  the  annual  meetings,  by  adver- 
tisement, in  at  least  two  of  the  newspapers  printed  in  Boston, 
at  least  seven  days  before  such  meeting:  Not  less  than  three 
managers  shall  form  a  quorum  for  the  transaction  of  business, 
and  all  questions  shall  be  decided  by  the  votes  of  a  majority 
of  the  managers  present.  And  at  all  meetings  of  the  society  or 
the  managers,  the  President  shall  preside,  or  if  absent,  the 
Vice-President ;  and  in  case  of  the  absence  of  both  of  the  said 
officers,  such  person  shall  preside  as  the  society,  or  the  board 
of  managers,  at  their  respective  meetings  may  elect. 

Sect.  4.  Be  it  further  enacted.  That  the  treasurer  of  the  so- 
ciety shall  give  bonds  for  the  faithful  performance  of  the  duties 
of  his  office,  and  to  render  accounts  of  his  transactions  therein, 
as  often  as  may  be  required  by  the  board  of  managers,  in  such 
sum,  and  with  such  sureties,  as  to  the  said  board  of  managers 


1813. Chap.  158.  539 

may  be  acceptable  ;  and  any  officer  or  member  of  the  said  so- 
ciety, m^  be  removed  therefrom,  on  the  vote  of  a  majority  of 
the  whole  number  of  members  of  which  the  society  may  at  the 
time  consist. 

Sect.  5.  Be  it  further  enacted.  That  the  board  of  managers, 
for  the  time  being,  shall  have  the  entire  direction  and  controul 
of  the  concerns,  business,  and  interest  of  the  society,  and  shall 
have  the  management  and  application  of  all  the  subscriptions,  JJ^^.^^^^j*"* 
donations,  funds  and  estate  of  the  society,  to  be  appropriated  °  ^'"^^"^  ^' 
solely  for  the  uses  of  the  society  ;  and  no  sale  or  transfer  of 
any  real  or  personal  estate  of  said  society  shall  be  valid,  unless 
approved  by  them ;  and  no  money  shall  be  paid  out  of  the 
treasury  of  said  society,  except  by  their  order  ;  they  shall  like- 
wise have  authority,  at  their  discretion,  to  take  into  their  Asy- 
lum, such  indigent  boys  belonging  to  the  town  of  Boston,  as 
they  may  judge  to  be  suitable  objects  of  charity,  to  enjoy  the 
benefit  of  the  institivtion  ;  and  also  to  accept  a  surrender  in 
writing  by  the  father,  or  where  there  is  no  father,  by  the  moth- 
er or  guardian  of  any  indigent  boy  as  aforesaid,  to  the  care  and 
direction  of  said  society,  and  to  bind  out  in  virtuous  families, 
or  to  reputable  trades  or  occupations,  or  to  educate  in  such 
manner  as  they  may  deem  beneficial,  until  the  age  of  twenty- 
one  years,  any  such  indigent  boy  or  boys,  thus  surrendered, 
or  any  such  boy,  who  being  destitute  of  parents  within  this 
Commonwealth,  shall  ha^'e  been  relieved  and  supported  by  the 
society  :  Provided,  that  any  parent  whose  child  or  children  Proviso, 
shall  have  received  relief,  or  have  been  bound  out  as  aforesaid, 
during  the  absence  of  such  parent  from  this  state,  shall  have 
liberty  on  his  or  her  return  to  the  state,  to  receive  and  with- 
draw such  child  or  children  on  paying  to  the  treasurer  of  the 
society  the  expense  incurred  in  his  or  their  relief  and  support 
as  afof^said.  And  the  managers  shall  have  authority  to  estab- 
lish any  rules  and  regulations  for  the  proceedings  of  the  board 
and  the  concerns  of  said  society,  not  repugnant  to  the  laws  of 
this  Commonwealth,  or  the  by-laws  of  said  society. 

Sect.  6.  Be  it  further  enacted.  That  any  writ  or  process  Manner  of 
against  said  corporation,  may  be  served  by  the  officer's  leaving  serving  a  writx 
an  attested  copy  thereof  with  the  treasurer  of  said  society,  or 
at  his  last  or  usual  place  of  residence,  thirty  days  before  the  re- 
turn day  thereof  ;  and  the  said  treasurer,  or  any  person  appoint- 
ed for  that  purpose  by  the  society,  or  by  the  managers,  may 
appear  by  attorney  and  defend  or  prosecute  any  suit  in  behalf 
of  said  society  ;  and  all  instruments  of  conveyance  or  contract 
which  may  law^fully  be  made  by  said  society,  shall  be  approv- 
ed by  the  managers,  and  signed  by  the  President  or  Vice-Pre- 
sident, as  the  board  may  direct,  and  countersigned  by  the  Se- 
cretary, and  if  necessary,  sealed  with  the  common  seal  of  said 
society,  and  when  so  executed,  shall  be  binding  thereon  and 
valid  in  law. 

Sect.  7.     Be  it  further  enacted,  That  Benjamin  Green  be,  and 
he  hereby  is  authorised  to  call  the  first  meeting  of  the  said  so-  First  meeting 
ciety,  by  giving  public  notice  of  the  time  and  place  of  meeting, 
hj  advertisement  in  one  or  more  of  the  newspapers  printed  in 


540  1813. Chap.  154— .155^. 

the  town  of  Boston,  at  least  three  days  prior  to  such  meeting, 
and  at  which  meeting  the  olBcers  before  mentioned  of  the  soci- 
ety shall  be  elected,  and  shall  hold  their  offices  until  the  first 
annual  election  of  officers  shall  be  holden  agreeably  to  the  pro- 
visions of  this  act.     [Feb.  24,  1814.] 

Chap,   154.  An  A(T  to  establish  The  Walpole  Manufacturing  Company. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of  the  same. 
Persons  incor-  That  Samuel  Dexter,  James  Richardson,  Eli  Bonney,  Timothy 
porated.  p^  Whitney,  Samuel  Whitney,  Lovett  Kingsbury,  William  Ba- 

con, David  Ruggles,  James  Clark,  and  Sewall  Sanford,  togeth- 
er with  such  others  as  have,  or  may  hereafter  associate  with 
them,  their  successors  and  assigns,  be,  and  they  are  hereby 
made  a  corporation,  by  the  name  of  The  Walpole  Manufactur- 
ing Company,  for  the  purpose  of  manufacturing  cotton  and 
woollen  goods  in  the  town  of  Walpole,  in  the  county  of  Nor- 
folk ;  and,  for  that  purpose,  shall  have  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties  and  requirements,  con- 
tained in  an  act,  passed  the  third  day  of  March,  in  the  year  of 
(1808  ch.  65.)  our  Lord  one  thousand  eight  hundred  and  nine,  entitled  "An 
act  defining  the  general  powers  and  duties  of  Manufacturing 
Corporations." 

Sect.  2.     Be  it  further  enacted,  That  said   corporation  may 

May  hold  real  be  lawfully  Seized   and  possessed   of  such  real  estate,  not  ex- 

and  personal     cecding  the  value  of  fifty  thousand  dollars,  and  such  personal 

estate,  not  exceeding  one  hundred  thousand  dollars,  as  may  be 

necessary   and   convenient   for  carrying  on   the  manufacture 

aforesaid.     [Feb.  24,  1814.] 

Kyhap.  155.  An  Act  to  establish  The  Stony  Brook  Manufacturing  Company. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same. 
Persons  incor-  '^^^^  David  Gilbert,  Josiah  J.  Fiske,  Richard   Briggs,  Daniel 
porated.  Cook,  Richard  Sayles,  and  Willard  Sayles,  together  with  such 

persons  as  have,  or  may  be  hereafter  associated  with  them, 
their  successors  and  assigns,  be,  and  hereby  are  made  a  corpo- 
ration, by  the  name  of  The  Stony  Brook  Manufacturing  Com- 
pany, for  the  purpose  of  manufacturing  cotton  and  woollen  cloth 
and  yarn  in  the  town  of  Wrentham,  and  county  of  Norfolk  ; 
and  for  this  purpose  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  and  requirements  contained  in 
an  act,  passed  in  the  year  of  our  Lord  one  thousand  eight  hun- 
(I808ch.65.)  dred  and  nine,  entitled  "An  act  defining  the  general  powers 
and  duties  of  Manufacturing  Corporations." 

Sect.  2.     Beit  further  enacted,  That  the  said  corporation  may 
May  hold  real  |-,g  lawfully  stized  of  such  real  estate,  not  exceeding  the  value 
estat^?^°"^      of  thirty  thousand  dollars,  and  such  personal  estate,  not  exceed- 
ing seventy  thousand  dollars,  as  may  be  necessary  and  conve- 
nient for  establishing  and  carrying  on  the  manufactory  as  aforC' 
said.     [Fefe.  24,  1814.] 


1813. Chap.  159—166.  541 

An  Act  to  incorporate  The  Watertown  Woollen  Manufactory  Company.  Chap.  159. 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the.  same. 
That  Stephen  Cook,  Daniel  Boyden,  James  Cook,  Thaddeus  persons  incor- 
Cole,  Isaac  Patten,  Aaron  Clap,  and  Tyler  Bigelow,  with  such  porated. 
as  already  have,  or  hereafter  may  associate  with  them,  their 
successors  or  assigns,  be,  and  hereby  are  made  a  corporation, 
by  the  name  of  The  Watertown  Woollen  Manufactory  Compa- 
ny, for  the  purpose  of  manufacturing  woollen  c'oths  in  the  town 
of  Watertown  ;  and  for  that  purpose  shall  have  all  the  powers 
and    privileges,  and    be  subject    to    all    the    duties    and    re- 
quirements contained  in  act,  passed  the  third  day  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  nine,  en-  (i808ch.  65.) 
titled  "  An  Act  defining  the  general  powers  and  duties  of  Man- 
ufacturing Corporations." 

Sect.  2.     Be  it  further  enacted,  That  said  corporation  may  be 
lawfully  seized  and  possessed  of  such  real  estate,  not  exceed-  May  hold  real 
ing  twenty  thousand  dollars,  and  such  personal  estate,  not  ex-  anti  personal 
ceeding  one  hundred  thousand  dollars  in  value,  as  may  be  ne- 
cessary and  convenient  for  the  carrying  on  the  manufactory 
aforesaid.     [Feb.  24,  1814.] 

An  Act  to  incorporate  The  Universalist  Religious  Society  in  Warwick.  Chap.  166. 

Sect.  1 .     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General   Court  assembled,  and  by  the  authority  of  the 
same.  That  Joshua  Atwood,  Ebenezer  Williams,  Thomas  At-  Persons  incor- 
wood,  Nathan  Atwood,  Jonathan  Patch,  Jonathan  Smith,  Jonas  P"""^'*"^- 
Watts,   Abner  Goodell,  Obadiah  Bass,  George  Stockwell,  Jo- 
seph  Smith,  Levi  Stearns,  John  Stearns,  Ephraim  Robbins, 
John  Gale,  James  Stockwell,  Jacob  Rich,  Reuben  Rich,  Amory 
Gale.  Ebenezer  Bancroft,  William  Bancroft,  Thomas  Bancroft, 
John   Smith,  Eliot  Rawson,  Philip  Atwood,  and  Eleazer  W. 
Wilber,  with  their  families  and  estates,  be,  and  they  are  here- 
by incorporated  into  a  religious  society,  by  the  name  of  The 
Universalist  Religious  Society  in  Warwick,  with  all  the  powers  Rights  and 
and  privileges,  and  subject  to  all  the  duties  and  requirements,  P"viieges, 
to  which  parishes  are  entitled  and   subjected   by  the  constitu- 
tion and  laws  of  this  Commonwealth  :  Provided,  That  all  such  Proviso, 
persons  shall  be  holden  to  pay  their  proportion  of  all  monies 
granted  and  assessed  in  said  town  of  Warwick,  for  parochial 
purposes,  prior  to  the  passing  of  this  Act. 

Sect.  2.     Be  it  further  enacted,  That  any  person  belonging  Manner  of  be. 
to  said  town  of  Warwick,  being  of  the  Universalist  denomina-  coming amem' 
tion,  who  may  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  said  town,  with  a  certificate  of  the 
minister,  or  clerk  of  said  society,  that  he  or  she  has  actually 
become  a  member  of  and  united  in  religious  worship  with  said 
Universalist  society,  fourteen  days  at   least  before  the  town 
meeting  therein  held  in  the  month  of  March  or  April,  shall  from 
and  after  the  giving  in  such  certificate,  be  considered  a  mem- 
ber of  said  society. 

Sect.  3.    Be  it  further  enacted.  That  if  any  member  of  said 


542 


1815. 


Chap.  166—167. 


Manner  of 
leaving. 


Proviso. 


Justice  to  issue 
warrant. 


Universalist  society,  shall  at  any  lime  hereafter,  see  cause  to 
leave  the  same,  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 
Universalist  society,  and  also  Avith  the  clerk  of  the  town,  four- 
teen days  at  least  before  the  annual  town  meeting  to  be  held 
therein,  in  the  month  of  March  or  April;  such  person  shall  be 
considered  from  and  after  giving  in  such  certificate,  as  belong- 
ing to  the  town  or  parish,  in  which  he  or  she  may  reside,  in 
the  same  manner,  as  if  he  or  she  had  never  belonged  to  said 
Universalist  society :  Provided,  That  every  person  leaving  one 
of  said  religious  societies,  and  attaching  himself  to  the  other, 
according  to  the  provisions  of  this  Act,  shall  be  holden  to  pay 
his  proportion  of  all  monies  previously  granted  and  assessed 
upon  him  for  parochial  purposes. 

Sect.  4.  Be  it  further  enacted.  That  any  justice  of  the  peace 
for  the  county  of  Franklin,  is  hereby  authorized  to  issue  his 
warrant  directed  to  some  suitable  member  of  said  Universalist 
society,  requiring  him  to  notify  and  warn  the  members  thereof 
to  meet  at  such  time  and  place,  as  may  be  appointed  in  said 
warrant,  to  choose  such  officers  as  parishes  are  by  law  autho- 
rized to  choose  in  the  month  of  March  or  April  annually. 
[Feb.  25,  1814.] 


Chap.  167. 

1807  ch.  67. 

1808  ch.  84. 


Election  of  offi- 
fters. 


Management 
of  property. 


Division  of 
property. 


May  dissolve 
corporation. 

Proviso. 


An  Act  in  further  addition  to  an  Act,  entitled,  "An  Act  efitablishing  a  corpora- 
tion, by  the  name  of  The  Social  Insurance  Company." 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  Social  Insurance  Company  in  Salem,  at  their 
annual  meeting,  on  the  third  Monday  of  April  next  ensuing, 
may  elect  in  the  manner  prescribed  in  the  third  section  of  ''  An 
Act  establishing  a  corporation,  by  the  name  of  The  Social  In- 
surance Company,"  a  number  of  Directors  not  exceeding  seven, 
who  may  from  their  number  elect  a  President,  if  they  see  fit ; 
and  who  shall  hold  their  offices  until  the  business  of  the  said 
company  shall  be  settled,  and  the  stock  divided  among  the  stock- 
holders ;  and  who  shall  manage  and  conduct  the  stock,  pro- 
perty, affairs  and  concerns  of  the  said  company,  until  the  same 
shall  be  wholly  settled ;  and  any  vacancy  arising  in  the  num- 
ber of  Directors  so  chosen,  may  be  filled  in  the  manner  pre- 
scribed by  the  said  Act. 

Sect.  2.  Be  it  further  enacted,  That  the  Directors  of  the 
said  Social  Insurance  Company,  in  pursuance  of  a  vote  of  the 
stockholders,  be,  and  they  hereby  are  authorized  to  close  the 
concerns  of  the  said  company,  and  divide  the  capital  stock,  and 
the  property  and  effects  belonging  to  the  said  company,  among 
the  stockholders ;  and  as  soon  as  the  affairs  of  the  said  com- 
pany can  be  adjusted  and  settled,  to  dissolve  the  said  corpora- 
tion. And  neither  the  said  company,  nor  the  directors  on  their 
behalf,  shall  have  power  and  authority  to  make  insurance 
hereafter  upon  vessels,  money,  freight,  or  any  property,  or 
against  any  risks  whatever :  Provided  always.  That  the  said 
company  shall  make  no  dividend  of  their  capital  stock,  until 


1813. Chap.  167—170.  543 

all  the  debts  of  the  said  company  shall  be  paid,  and  all  out- 
^standing;  risks  shall  be  adjusted  and  finally  settled. 

Sect.  3.     Be  it  further  enacted,  That  the  sixth  and  twelfth  Part  of  act 
sections  of  an  Act,  establishing  a  corporation  by  the  name  of  'f^P^^^^'l' 
The  Social  Insurance  Conr^pany,  and  also  such  other  parts  of 
that  Act,  and  of  the  Act  in  addition  to  the  same,  as  are  incon- 
sistent with   the  provisions  of  this  Act,  be,  and  the  same  are 
hereby  repealed.     [Feb.  26,  1814.] 

An  Act  to  alter  and  change  the  Names  of  certain  persons  therein  mentioned.        Chap.  170. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
from  and  alter  the  date  of  the  passing  of  this  Act,  Thomas  Names  altered 
Kendall,  of  Boston,  in  the  county  of  Suffolk,  sail-maker,  shall  and  changed. 
be  allowed  to  take  the  name  of  Thomas  Boyd  Kendall;  that 
Silas  Cheney,  of  the  same  Boston,  shall  be  allowed  to  take  the 
name  of  Samuel  S.  Cheney;  that  John  Torrey,  son  of  Samuel 
Torrey,  of  Boston  aforesaid,  shall  be  allowed  to  take  the  name 
of  John  Gore  Torrey ;  that  Asa  Dennet,  a  citizen  of  the  United 
States  of  America,  and  resident  at  said  Boston,  shall  be  allow- 
ed to  take  the  name  of  Charles  A.  Dennet;  that  John  Reed,  of 
Boston  aforesaid,  son  of  Benjamin  Reed,  of  Milton,  in  the 
county  of  Norfolk,  shall  be  allowed  to  take  the  name  of  John 
Walter  Rp.ed  ;  that  Ebenezer  Upton,  jun.  of  Danvers,  in  the 
county  of  Essex,  shall  be  allowed  to  take  the  name  of  Eben 
Sprague  Upton  ;  that  Mercy  Smith,  an  infant  daughter  of  James 
Smith,  of  MarbJehead,  in  said  county  of  Essex,  merchant,  shall 
be  allowed  to  take  the  name  of  Mercy  Abigail  King  Smith ; 
that  Moses  Moody  the  3d,  of  Newburyport,  in  the  county 
of  Essex  aforesaid,  merchant,  shall  be  allowed  to  take  the  name 
of  Moses  Frederick  Moody ;  that  Lorenty  Spitzenfield  Colby, 
an  infant  son  of  John  Colby,  of  Salisbury,  in  said  county  of  Es- 
sex, shall  be  allowed  to  take  the  name  of  Edwin  John  Colby; 
that  George  Bartlett  2d,  of  Charlestown,  in  the  county  of  Mid- 
dlesex, son  of  the  Hon.  Josiah  Bartlett,  of  the  same  place,  shall 
be  allowed  to  take  the  name  of  George  Frederick  Bartlett; 
that  William  Porter,  of  Charlestown  aforesaid,  shall  be  allowed 
to  take  the  name  of  Frederick  William  Porter ;  that  Timothy 
Burbank,  of  Sherburne,  in  said  county  of  Middlesex,  shall  be 
allowed  to  take  the  name  of  Timothy  Kendall ;  that  Lysander 
Bascom  Loveland,  an  orphan  boy,  and  son  of  the  late  Epaph- 
roditus  Loveland,  of  Greenfield,  in  the  county  of  Franklin,  de- 
ceased, shall  be  allowed  to  take  the  name  of  Lysander  Love- 
land Bascom  ;  that  Mary  Gifford,  of  Westport,  in  the  county  of 
Bristol,  shall  be  allowed  to  take  the  name  of  Mary  Ann  Wil- 
bour  Gifford  ;  that  Adam  Briggs,  a  minor,  and  son  of  the  late 
Susanna  Harrington,  of  Orange,  in  the  county  of  Franklin,  shall 
be  allowed  to  take  the  name  of  Adams  Harrington  ;  that  John 
Rice,  of  Boston,  in  the  county  of  Suffolk,  son  of  the  late  Major 
John  Rice,  of  the  same  Boston,  shall  be  allowed  to  take  the 
name  of  John  H.  Rice. 

And  the  several  persons  before  named,  from  the  time  of 
the  passing  of  this  Act,  shall  be  called  and  known  by  the  names 
which,  by  this  Act,  they  are  respectively  allowed  to  take  and 


544 


1813. 


Chap.  171— J  75. 


Chap.  171. 

1802  ch.  44. 
(V.  3.  p.  34.) 


Corporation 
authoiized  to 
biiiH  out  poor 
persons,  &c. 


Chap,  175. 


Persons 
incorporated. 


Time  incorpo- 
rated for. 


Proviso. 


assume  as  aforesaid ;  and  the  said  names  shall  forever  hereafter 
be  considered  as  their  only  proper  and  legal  names,  to  all  in- 
tents and  purposes.     [Feb.  26,  1814.] 

An  Act  in  addition  to  An  Act,  entitled,  "An  Act  to  incorporate  Olivex  Wendell 
and  others,  togetht-r  with  the  Overseers  of  the  Poor  of  the  town  of  Boston,  for 
the  time  being,  by  the  name  and  title  of  The  Trustees  of  John  Boylston's  Cha- 
ritable Donations,  for  the  benefit  and  support  of  aged  poor  persons,  and  of  or- 
phans anil  deserted  children." 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same;  That 
the  corporation  constituted  by  an  Act,  entitled,  "  An  Act  to  in- 
corporate Oliver  Wendell  and  others,  together  with  the  Over- 
seers of  the  Poor  of  the  town  of  Boston,  for  the  time,  being,  by 
the  name  and  title  of  The  Trustees  of  John  Boylston's  Charita- 
ble Donations,  for  the  benefit  and  support  of  aged  poor  persons, 
and  of  orphans  and  deserted  children,"  be,  and  hereby  are  au- 
thorized and  empowered  to  bind  out  in  virtuous  families,  or  to 
reputable  trades,  or  useful  arts  or  occupations,  such  poor  per- 
sons, orphans,  or  deserted  children,  as  receive,  or  may  here- 
after receive  the  benefit  of  the  said  Boylston's  charitable  do- 
nations, until  they  arrive  to  the  age  of  twenty-one  years,  in 
such  manner  as  to  the  said  corporation  may  seem  expedient; 
and  for  this  purpose  shall  have  authority  to  establish  any  rules 
and  regulations,  and  enter  into  any  indenture  or  covenant  rela- 
tive to  such  objects,  not  repugnant  to  the  laws  of  this  Common- 
wealth, as  the  said  corporation  may  deem  necessary  or  expe- 
dient.    [Feb.  26,  1814.] 

An  Act  to  incorporate  The  President,  Directors  and  Company  of  the  Dedham 
Bank. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,and  by  the  authority  of  the  same, 
That  Elijah  Crane,  Willard  Gay,  George  Ellis,  Jeremiah  Ba- 
ker, Horatio  Townsend,  Samuel  Richards,  Samuel  Haven, 
John  Guild,  Jabez  Chickering,  Martin  Marsh,  George  Dixon, 
Ebenezer  Fisher,  the  second,  and  James  Talbot,  their  asso- 
ciates, successors  and  assigns,  shall  be,  and  hereby  are  created 
a  corporation,  by  the  name  of  The  President,  Directors  and 
Company  of  the  Dedham  Bank,  and  shall  so  continue  until  the 
first  Monday  of  October,  which  will  be  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-one  ;  and  by  that  name 
shall  be,  and  hereby  are  made  capable  in  law,  to  sue  and  be 
sued,  plead  and  be  impleaded,  defend  and  be  defended,  in  any 
courts  of  record,  or  any  place  whatever ;  and  also  (o  make, 
have,  and  use  a  common  seal,  and  to  ordain,  establish,  and 
put  in  execution  such  by-laws,  ordinances  and  regulations,  as 
to  them  shall  appear  necessary  for  the  government  of  the  said 
corporation,  and  the  prudent  management  of  their  affairs  : 
Provided,  such  by-laws,  ordinances  and  regulations,  shall  in  no 
wise  be  contrary  to  the  constitution  and  laws  of  this  Common- 
wealth ;  and  the  said  corporation  shall  always  be  subject  to 
the  rules,  restrictions,  limitations  and  provisions  herein  pre- 
scribed. 

Sect,  2.    Be  it  further  enacted,  That  the  capital  stock  of  said 


1813. Chap.   175.  545 

eorporation  shall  consist  of  one  hundred  thousand  dollars,  in  Amou-J^^^f^^ 
gold  and  silver,  divided  into  shares  of  one  hundred   dollars  ^^^^  ^^  ^^^j^ 
each,  which  shall   be  paid  in   four  equal  instalments  ;  the  first,  share. 
on  the  first  day  of  May  next ;   the  second  on  the  first  day  of 
November  next;  the  third,  on  the  first  day  of  May  next  after;  ^._^^  ^^^,^^„^^ 
and  the  fourth,  on  the  first  day  of  November  next  after.     And  ^g^^  ^^^^  ,4^^^  • 
the  stockholders,  at  their  first  meetins^,  shall,  by  a  majority  of  1315  ch.  80. 
votes,  determine  the  mode    of  transferring  and  disposmg  ot 
said  stock,  and  the  profits  thereof;  which  being  entered  on  the 
books  of  said  corporation,  shall  be  binding  on  the  stockholders, 
their   successors    and    assigns ;  and  the  said  corporation   arc 
hereby  made  capable  in  law,  to  have,  hold,  purchase,  receive, 
possess,  enjoy  and  retain,  to  them,  their  successors  and  assigns,  ^^^  ^^^^  ^^^^ 
lands,  rents,  tenements  and    hereditaments,  to   the  amount  of  estate  and 
thirty  thousand  dollars,  and  no  more  at  any  one  time  ;  with  amount. 
power  to  bargain,  sell  and  dispose  of  the  same,  and  to  loan  and 
negotiate  their  monies  and  effects,  b}^  discounting  on  banking 
principles,  on  such  security  as  they  shall  think  proper :  Pro- 
vided  however,  That  nothing  herein  contained  shall  restrain  or     '°^'^''' 
prevent  the  said  corporation  from  taking  and  holding  real  estate 
in  mortgage,  or  on  execution,  to  any  amount,  as  security  for,  or 
in  payment  of  any  debt  due  to  the  said  corporation  :  J3nd  pro- 
vided further,  That  no  money  shall  be   loaned  or    discounts 
made,  nor  shall   any  bills  or  promissory  notes  be  issued  from 
said  bank,  until  the  capital  subscribed  and  actually  paid  in, 
and  existing  in  gold  and  silver,  in  their  vaults,  shall  amount  to 
twenty-five  thousand  dollars. 

Sect.  3.  Be  it  further  enacted,  Tiiat  the  rules,  limitations 
and  provisions  which  are  provided  in  and  by  the  third  section 
of  an  act,  entitled  "  An  act  to  incorporate  the  President,  Diree-  (I8II  ch.  34.) 
tors  and  Company  of  the  State  Bank,"  shall  be  binding  on  the 
bank  hereby  established  :  Provided,  That  the  bond  required  to  PiovisD. 
be  given  by  the  Cashier,  shall  be  given  in  the  sum  of  twenty 
thousand  dollars  ;  that  the  number  of  Directors,  to  be  annually 
chosen,  shall  be  five,  and  three  may  constitute  a  quorum  to 
transact  business  :  And  provided  also,  That  the  amount  of  debts 
at  any  time  due  from  said  bank,  shall  not  be  more  than  double 
their  capital  stock  actually  paid  in. 

Sect.  4.     Be  it  further  enacted,  That  the  said  bank  shall  be  Bank,  where 
established,  and  kept  in  the  town  of  Dedham.  established. 

Sect.  5.     Be  it  further  enacted,  That  whenever  the  Legisla-  gj^^jj  j^^,^  (^ 
ture   shall  require  it,  the  said  corporation  shall  loan   to   the  t,,g^  Coinnwn- 
Commonwealth,  any  sum  of  money  which   may  be  required,  wealth. 
not  exceeding  ten  per  centum  of  the  amount  of  the  capital 
stock  actually  paid  in,  at  any  one  time,  reimbursable  by  five 
annual   instalments,   or  any  shorter  period,  at  the   election  of 
the  Commonwealth,  with  the  annual  payment  of  interest,  at  the 
rate  of  five  per  centum  per  annum  :  Provided  hozoever,  That  the  Pi^oviso. 
Commonwealth  shall  never,  at  any  one  time,  stand  indebted  to 
the  said  corporation,  without  their  consent,  for   a  larger  sum 
than  twenty  per  centum  of  the  capital  stock  actually  paid  in. 
Sect.  6.  Be  it  further  enacted,  That  any  committee,  specially 
appointed  by  the  Legislature  for  that  purpose,  shall  have  a 
voii.  TV.  G9 


M& 


1813. 


Chap.   175. 


Legislative 
committee 
may  examine 
book?,  &c. 


Shall  tiansmit 
statement  of 
accounts. 


CJommon- 
wealth  may 
subscribe. 


Shall  pay  tax 
to  the  Treas- 


Proviso. 


Amount  ap- 
propriated to 
loans. 


Shall  pay 
altered  notes. 


right  to  examine  into  the  doings  of  said  corporation,  and  shall 
have  free  access  to  all  their  books  and  vaults ;  and  if  upon 
such  examination  it  shall  be  found,  and  after  a  full  hearing  of 
said  corporation  thereon,  be  determined  by  the  Legislature, 
that  said  corporation  have  exceeded  the  powers  herein  granted 
them,  or  failed  to  comply  with  any  of  the  rules,  restrictions  or 
conditions  in  this  act  provided,  the  incorporation  may  there- 
upon be  declared  forfeited  and  void. 

Sect.  7.  Be  it  further  enacted^  That  it  shall  be  the  duty  of 
the  Directors  of  said  Bank,  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  shall  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  copper  coin,  and  the  bills  of  other  banks 
on  hand  ;  which  statement  shall  be  signed  by  the  Directors, 
and  attested  by  the  Cashier,  and  shall  be  verified  by  oath,  be- 
fore some  person  competent  to  administer  the  same. 

Sect.  8.  Be  it  further  enacted,  That  the  Commonwealth  shall 
have  a  right,  whenever  the  Legislature  shall  make  provision  by 
law,  to  subscribe,  on  account  of  the  Commonwealth,  a  sum  not 
exceeding  fifty  thousand  dollars,  to  be  added  to  the  capital 
stock  of  said  company,  subject  to  such  rules,  regulations  and 
provisions,  as  shall  be  by  the  Legislature  made  and  established, 
as  to  the  management  thereof. 

Sect.  9.  Be  it  further  enacted,  That  the  said  corporation, 
from  and  after  the  first  day  of  May  next,  shall  pay  by  way  of 
tax  to  the  treasurer  of  this  Commonwealth,  for  the  use  of  the 
same,  within  ten  days  of  each  semi-annual  dividend,  the  half 
of  one  per  cent,  on  the  amount  of  the  original  stock  which  shall 
at  the  time  of  said  dividend,  have  been  paid  in  :  Provided 
however,  That  the  same  tax,  payable  in  manner  aforesaid,  shall 
be  required  by  the  Legislature  of  all  banks  hereafter  incorpo- 
rated within  this  Commonwealth:  And  provided  further,  Thsit 
nothing  herein  contained  shall  be  construed  to  impair  the  right 
of  the  Legislature  to  lay  a  tax  or  excise  upon  any  bank  already 
incorporated  under  the  authority  of  this  Commonwealth,  when- 
ever-they  may  think  proper  so  to  do. 

Sect.  10.  Be  it  further  enacted,  That  one  tenth  part  of  the 
whole  funds  of  said  bank  shall  always  be  appropriated  to  loans, 
to  be  made  to  citizens  of  this  Commonwealth,  and  wherein  the 
Directors  shall  wholly  and  exclusively  regard  the  agricultural 
and  manufacturing  interest;  which  loans  shall  be  made  in 
suras,  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  and  upon  the  personal  bond  of  the  borrower, 
with  collateral  security  by  a  mortgage  of  real  estate,  to  the 
satisfaction  of  the  Directors  of  the  said  bank,  for  a  term  not  less 
than  one  year,  and  on  condition  of  paying  the  interest  annually 
on  such  loans,  subject  to  such  forfeitures  and  right  of  redemp- 
tion, as  is  by  law  provided  in  other  cases. 

Sect.  11.  Be  it  further  enacted.  That  said  corporation  shall 
be  liable  to  pay,  to  any  bonafdc  holder,  the  original  amount 


1813. 


Chap.    175—176. 


547 


on  any  note  of  said  bank,  altered  in  the  course  of  its  circulation 
to  a  larger  amount,  notwithstanding  such  alteration. 

Sect.  12.  Be  it  further  enacted,  That  the  persons  herein  May  call  a 
before  named,  or  a  majority  of  them,  are  authorized  to  call  a  meeting, 
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  three  weeks  successively  in  the 
Dedham  Gazette,  printed  at  Dedhara,  for  the  purpose  of  making, 
ordaining,  and  establishing  such  by-laws,  ordinances  and  regu- 
lations for  the  proper  conducting  the  affairs  of  said  Corporation, 
as  the  stockholders  shall  deem  necessary,  and  for  the  choice 
of  the  first  board  of  Directors,  and  such  other  officers  as  they 
shall  think  proper  to  choose.  [Feb.  26,  1814.]  Add.  act — 
1814  ch.  147:   1815  ch.  80. 


An  Act  in  addition  to  an  act,  entitled  "  An  act  in  addition  to  an  a«t  granting  a 
Lottery  for  the  purpose  of  completing  the  Locks  and  Canals  at  Amoskeag  Falls, 
in  the  State  of  New-Hampshire," 

WHEREAS  by  the  provisions  of  an  act,  entitled  "  An  act  in 
addition  to  an  act,  entitled  an  act  granting  a  Lottery  for  com- 
pleting the  Locks  and  Canals  at  Amoskeag  Falls  in  the  State  of 
New-Hampshire,"  the  time  for  which  it  was  granted  has  ex- 
pired, and  the  sum  provided  to  be  raised  thereby  has  not  been 
obtained : 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives,in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  further  time  be  granted  sufficient  to  sell  and  draw  six 
classes  of  said  lottery,  [of  ten  thousand  tickets  in  each  class,  at 
five  dollars  per  ticket :]  Provided  hozuevcr,  That  no  ticket  shall 
be  issued  by  the  managers  of  said  lottery,  until  the  expiration 
of  six  months  from  and  after  the  passing  of  this  act. 

Sect.  2.  Be  it  further  enacted,  That  the  managers  of  said  lotte- 
ry, to  be  appointed  by  virtue  of  this  act,  be,  and  they  are  hereby 
authorised  and  directed  to  pay  unto  Samuel  Swan,  Esq.  from  the 
first  monies  that  shall  be  raised  as  aforesaid,  the  sum  due  to  him 
from  said  lottery,  as  settled  and  reported  by  a  board  of  com- 
missioners for  that  purpose  appointed,  by  an  act  of  the  Legis- 
ture,  passed  on  the  sixth  day  of  March,  in  the  year  of  our 
Lord,  eighteen  hundred  and  ten,  and  the  interest  thereon  from 
the  time  of  said  settlement ;  and  that  they  pay  the  remainder 
of  the  sum  they  shall  raise  as  aforesaid,  exclusive  of  the  inci- 
dental expenses  thereof,  to  the  agent  for  completing  the  locks 
and  canal  aforesaid,  to  be  applied  to  said  object. 

Sect.  3.  Be  it  further  enacted.  That  his  Excellency  the 
Governor  be,  and  he  is  hereby  authorised  to  appoint  three 
managers  of  the  future  classes  in  said  lottery  hereby  granted, 
according  to  the  mode  prescribed  in  the  act  aforesaid,  passed 
March  fourteenth,  in  the  year  of  our  Lord  eighteen  hundred 
and  six ;  and  he  is  also  authorised  to  call  them  to  a  setdement 
of  their  accounts,  whenever  he  shall  deem  proper,  and  to  pro- 
ceed with  them  in  the  way  appointed  in  the  act  passed  for 
such  purposes,  on  the  first  day  of  March,  in  the  year  of  our 
Lord  eighteen  hundred  and  ten.  [Feb,  26,  1814.]  Further 
rrct— 1814  ch.  167. 


Chap.  176. 

1803  ch.  157. 
(V.  3.  p.  440.) 
1805  ch.  108. 
1807  ch.  70. 
Preamble. 


Further  time 
allowed. 
Repealed  1814 
ch.  167. 
Proviso. 


Money,  how 
appropriated. 


Governor  to 
appoint  Mana 

gers. 


548  1813. Chap.  177. 

Chap.  Ill,     ■'^"  ^^"^  incorporating  The  Calvinistic  Congregational  Society  in  Sandwich,  in  the 
-^  county  of  Barnstable. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives,  in  General  Court  assembled,  and  by  the  authority  of  the 
ew^°"V'd"  some.  That  William  Fessenden,  Daniel  Perry,  Silvanus  Gibbs, 
Bethuel  Bourne,  Allen  Nje,  John  Dillingham,  jun.  Heman 
Adams,  Lot  xldams,  William  Atkins,  Nathan  Bourne,  jun.  Ezra 
L.  Bourne,  John  Bourne,  Job  Bourne,  Charles  Bourne,  Benja- 
min Burgess,  Jacob  Burgess,  Anson  Burgess,  Samuel  Blossom, 
Joseph  Blossom,  Benjamin  Blossom,  Uriah  Butler,  William 
Bassett,  William  Bassett,  jun.  Charles  Bassett,  Joshua  Backus, 
Heman  Backus,  Ellis  Blackwell,  Joseph  Blackwell,  Samuel 
Blackwell,  Benjamin  Blackwell,  Samuel  Chadwick,  James 
Chadwick,  James  Coleman,  James  Coleman,  jun.  Kenelm 
Crocker,  George  Cyprus,  Nathaniel  Covel,  Ebenezer  Covel, 
Bartholomew  Cushman,  Charles  De  Launey,  Ezra  Dillingham, 
Barnabas  Ewer,  Bartlett  Ellis,  Bethiah  Ellis,  widow,  Seth  Ellis, 
Nathan  Ellis,  Gideon  Ellis,  Gi^crshom  Ellis,  James  Ellis,  Jeru- 
sha  Ellis,  widow,  Benjamin  Ellis,  Jesse  Ellis,  Hepzibah  Ellis, 
widow,  Ephraim  Eldridge,  Josiah  Eldridge,  Joseph  Fuller,  Sil- 
vanus Fish,  Chipman  Fish,  Anselm  Fish,  Braddock  Fish,  Si- 
meon Fish,  Theodore  Fish,  Isaiah  Fish,  Josiah  Fish,  Asa 
Fish,  Ephraim  Fish,  Jesse  Fish,  David  Fish,  James  Fish, 
James  Fish,  jun.  Pi-ince  Fish,  Silas  Fish,  John  Fish,  3d,  War- 
ren Fish,  Thomas  Fessenden,  Nathaniel  Freeman,  Russell  Free- 
man, George  W.  Freeman,  Charles  Gibbs,  Rufus  Gibbs,  Caleb 
Gibbs,  Edward  B.  Gibbs,  Rebecca  Gibbs,  widow,  David  Gibbs, 
Luther  Goodspeed,  Timothy  Goodspeed,  jun.  Alden  Gifford, 
Levi  Gifford,  Thomas  Hamlin,  Seth  Hamlin,  Nathaniel  Ham- 
lin, Lemuel  Hamlin,  John  Hamlin,  Benjamin  Hamlin,  Ellis 
Howland,  W^illiam  Ilalway,  Stephen  Hoxie,  James  Insley,  Sil- 
vanus Jones,  Abraham  Keen,  John  Keen,  Abraham  Lan- 
ders, David  Landers,  Anselm  Lumbcrt,  Thomas  Lumbert,  Jo- 
siah Meiggs,  Seth  Meiggs,  Asa  Meiggs,  Jonathan  Meiggs,  Mat- 
thew Meiggs,  John  Moriarty,  William  Marstin,  Joseph  Nye, 
Moses  Nye,  Ebenezer  Nye,  Lemuel  Nye,  Heman  Nye,  Peter 
Nye,  Prince  Nye,  Prince  Nye,  jun,  Josiah  Nye,  John  Nye, 
Peleg  Nye,  Joshua  Nye,  jun.  Paul  Nye,  Samuel  T.  Nye,  Be- 
thuel Nye,  Ceorge  B.  Nye,  Edward  Nye,  Gilbert  Nye,  James 
Percival,  Freeman  Percival,  Sarah  Percival,  widow,  Timothy 
Percival,  Othniel  Omans,  Kimball  Perry,  Elisha  Perry,  Elisha 
Perry,  jun.  John  Perry,  jun.  John  Perry,  3d.  Elijah  Perry, 
Mary  Perry,  widow,  James  Perry,  W^illiam  Perry,  Bathsheba 
Perry,  widow,  John.  Pope,  Lewin"  Pope,  Thomas  Phinncy, 
Clark  Swift,  Ellis  Swift,  James  Stewart,  Thomas  Smith,  Bethiah 
Smith,  W^arren  Smith,  Deborah  Smith,  widow,  Thomas  H.  To- 
bey,  James  Tobey,  Timothy  Tobcy,  Rebecca  Tobey,  Prince 
Tupper,  aad  Amariah  Wilcox,  inhabitants  of  the  town  of  Sand- 
wich, in  the  county  of  Barnstable,  with  their  families  and  es- 
tates, together  with  such  others  as  may  hereafter  join  them,  in 
manner  hereafter  prescribed,  and  their  successors,  be,  and 
ihey  are  hereby  incorporated  into  a  society,  by  the  name  ot 
The  Calvinistic  Congregational  Society  in  Sandwich,  with  all 
the  powers  and  privileges,  rights  and  immunities   which  other 


1813. Chap.  177—183.  -^49 

parishes  and  religious  societies  are  by  law  and  the  constitution 
entitled  to,  and  subject  to  the  same  duties  :  Provided,  That  the  Proviso. 
persons  incorporated  as  aforesaid,  shall  be  holden  to  pay  to 
the  first  precinct  in  said  town,  to  which  they  belonged,  all 
taxes  voted  and  assessed,  and  not  paid  before  the  passing  of 
this  act,  excepting  such  of  them  as  may  have  received  and  filed 
certificates  from  a  conimiftee  of  said  society,  that  they  had  be- 
come members  thereof,  shall  not  be  holden  to  pay  any  taxes 
voted  or  assessed  since  they  have  so  received  and  filed  such 
certificates. 

Sect.  2.     Be  it  further  enacted,   That  any  person  belonging  Manner  of  be- 
,„  ''.  .  1        i.ri  .'-'^  coming  a  mem« 

to  the  said  first  precmct,  w  ho  may  be  desirous  ot   becoming  a  ^,gJ 

member  of  the  said  Calvinislic  Congregational  Society,  and 
shall  give  in  to  the  clerk  of  said  first  precinct,  a  certificate 
signed  by  the  clerk  of  the  said  Calvinistic  Congregational  So- 
ciety, that  he  or  she  has  actually  become  a  member  of  said 
society,  any  time  within  two  years  from  the  passing  of  this  act, 
shall  from  and  after  giving  in  such  certificate,  with  his  and  her 
polls  and  estates,  be  considered  a  member  of  said  society  ;  and  ^^^^^^^^  °^ 
if  any  member  of  said  society  shall  wish  to  leave  the  same,  and  ^^^^"S- 
join  the  said  first  precinct,  and  shall  leave  Avith  the  clerk  of 
said  society,  a  certificate  signed  by  the  clerk  of  said  first  precinct, 
that  he  or  she  has  become  a  member  of  said  precinct,  at  any 
time  within  two  years  from  the  passing  of  this  act,  such  persons 
shall,  from  the  time  of  leaving  such  certificate,  be  considered 
as  a  member  of  said  precinct,  and  all  young  persons  living  in 
said  precinct,  arriving  to  the  age  of  twenty-one  years,  and  all 
persons  coming  to  reside  and  dwell  in  said  precinct,  shall  have 
and  be  allov/ed  the  term  of  one  year  from  the  time  of  their  so 
arriving  to  the  age  of  twenty-one  years,  or  coming  to  dwell  in 
said  precinct,  to  join  said  Calvinistic  Congregational  Society:  Seel8i9ch.38. 
Provided  however,  That  all  such  persons  shall  signify  their  de- 
termination of  the  same,  and  proceed  therein  in  the  manner  Proviso, 
above  pointed  out  in  this  section  :  And  provided  also,  That  in 
all  cases,  the  person  or  persons  changing  their  relation  to  said 
society  or  precinct,  shall  be  held  to  pay  all  taxes  assessed  upon 
them  by  the  precinct  or  society  where  they  belonged  previous 
to  such  removal. 

Sect.  3.     Be  it  further  enacted.    That  Nathaniel  Freeman,  First  meeting. 
Esq.  be,  and  he  hereby  is  authorised  to  call  the  first  meeting 
of  said  Calvinistic  Congregational  Society  in  Sandwich.     [Feb. 
26,  1814.]     Add.  act— 1819  ch.  38. 

An  Act  to  prevent  the  destruction  of  the  Fish  called  Alev/ives  and  Shad,  in  Charles  Chap.  1  83, 
River. 

Sect.  1.  BE  if  enacted  by  the  Senate  and  Hotise  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  from  and  after  the  passing  of  this  act,  if  any  per- 
son or  persons  shall  place  or  set  any  seine  or  net,  or  set  up, 
erect,  or  make  any  weares,  or  place  any  other  incumbrance 
whatsoever  (mill  dams  excepted)  in  or  across  Charles  River, 
for  the  straitening,  obstructing,  or  stopping  the  free  passing  of 
the  fish  called   shad  and  alewives,  up  and  down  said  river, 


550 


1813. 


Chap.  183—185. 


Shall  not  set 
seine,  &c. 


Former  acts 
jepealed. 


Chap.  184. 

3803  ch.  56. 
(V.  3.  p.  265.) 


Penalty  for  ob  they  shall  severally  forfeit  and  pay  the  sum  of  fifty  dollars  for 
sag"?'"^  ^^^'  ^^^^  ^""^  every  offence  ;  one  half  of  which  shall  be  to  the  use 
of  the  town  or  towns,  within  whose  limits  the  offence  is  com- 
mitted, and  the  other  half  to  the  use  of  him  or  them  that  shall 
complain  or  prosecute  therefor — or  any  town  may  prosecute 
by  their  fish  committee. 

Sest  2.  Be  it  further  enacted,  That  if  any  person  or  persons 
shall  draw  any  seine  or  net,  to  take  any  of  the  fish  aforesaid 
within  said  river,  or  in  any  other  way  take  any  of  said  fish,  on 
any  other  dayg  than  Monday,  Wednesday  and  Friday  in  each 
week,  every  person  so  offending  shall  forfeit  and  pay  the  sum 
of  twenty  dollars  for  each  and  every  offence,  to  the  use  as 
aforesaid  ;  and  all  forfeitures  incurred  by  any  breach  of  this 
act  may  be  recovered  by  information,  or  by  action  on  the  case, 
before  any  court  proper  to  try  the  same. 

Sect.  3.  Be  it  further  enacted,  That  all  parts  of  any  acts 
relating  to  the  fishery  in  said  river,  inconsistent  with  this  act, 
be,  and  the  same  are  hereby  repealed.     \_Feb.  28,  1814.] 

An  Act  in  addition  to  an  Act,  entitled,  "  An   Act  declaring   and   confirming  the 
incorporation  of  the  Proprietors  of  the  New  South  Meeting-house  in  Boston." 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  all  or  any  part,  so  that  it  be  not  less  than  one  half, 
of  all  monies  raised  by  the  Proprietors  of  the  New  South  Meet- 
ing-house in  Boston,  for  the  purpose  mentioned  in  the  fourth 
section  of  an  act,  entitled,  "  An  Act  declaring  and  confirming 
the  incorporation  of  the  Proprietors  of  the  New  South  Meeting- 
house in  Boston,"  may  be  assessed  by  the  committee  and  as- 
sessors of  the  said  proprietors  jointly,  or  by  the  major  part  of 
them,  upon  the  several  proprietors  of  pews  in  said  meeting- 
house, according  to  the  relative  value  of  the  said  pews,  regard 
being  had  to  their  situation  and  convenience,  if  the  said  pro- 
prietors vote  so  to  do,  any  thing  in  the  act  aforesaid  to  the  con- 
trary notwithstanding. 

Sect.  2.  Be  it  further  enacted,  That  the  said  proprietors  be, 
and  they  are  hereby  empowered  to  purchase,  take  and  hold 
certain  land,  adjoining  that  on  which  their  meeting-house  now 
stands,  for  the  more  commodious  site  of  a  new  meeting  house, 
as  to  them  shall  seem  best,  any  thing  in  the  act  aforesaid  to  the 
contrary  notwithstanding.     [Fefc.  28,  1814.] 

Chap*  185.         An  Act  to  incoiporate  The  Evangelical  Missionary  Society  in  Massachusetts. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  Rev.  Ezra  Ripley  of  Concord,  Joseph  Allen,  Esq. 
of  Worcester,  and  Thomas  W.  Ward,  Esq.  of  Shewsbury,  with 
those  who  have  or  may  hereafter  associate  with  them,  and 
their  successors,  be,  and  hereby  are  incorporated  and  made  a 
body  politic,  for  the  purposes  of  furnishing  the  means  of  christian 
knowledge  and  moral  improvement,  by  the  distribution  of  pious 
and  religious  books  and  tracts,  by  aiding  and  supporting  school- 
masters, and  by  sending  missionaries  among  the  inhabitants  of 


Assessment  of 
taxes. 


May  purchase 
Estate. 


Persons  incor- 
porated. 


1813. Chap.  185.  551 

our  own  country,  who  are  destitute  of  religious  knowledge,  or 
where  such  means  are  poorly  provided, by  the  name  of  The  Evan- 
gelical Missionary  Society  in  Massachusetts ;  and  the  society 
aforesaid  shall  have  perpetual  succession,  and  may  have  a 
common  seal,  which  it  may  be  lawful  for  them  to  change, 
break,   alter,  and  make  new  at  pleasure ;  and  may  purchase  May  hold  real 
and  receive,  by  gift  or  devise,  lands,  tenements,  and  real  estate  and  personal 
of  any  kind,  and  the  same  hold  in   fee  simple,  or  less  estate ;  ''^'^^^' 
and  also  subscriptions,  donations,  and  bequests  of  money,  or 
any  other  personal  estate,  the  annual  income  of  which  shall 
not  exceed  the  sum  of  ten  thousand  dollars ;  and  all  grants, 
donations,  subscriptions,  devises  and  bequests,  made  to  said 
society,  shall  be  improved   in   such  manner,  as  the  trustees  of 
said  society  shall  judge  most  conducive  to  answer  the  designs 
of  the  institution. 

Sect.  2.  Be  it  further  enacted,  That  the  said  society  may  Election  of 
annually  elect  by  ballot,  by  a  majority  of  the  members  pre-  oncers, 
sent,  a  President,  Vice-President,  a  Treasurer,  a  Recording 
and  Corresponding  Secretary,  and  such  number  of  Trustees, 
as  they  may  think  proper,  (not  less  than  seven)  and  such  other 
officers  as  they  may  determine  to  be  necessary ;  and  may  at 
their  first  meeting,  under  this  corporation,  by  vote  of  a  majority 
of  the  members  present  at  said  meeting,  adopt  such  constitution 
or  system  of  rules  and  by-laws,  as  they  shall  think  necessary 
for  the  conducting  and  executing  the  business  of  said  society, 
and  for  the  most  eftectually  securing  the  objects  of  their  insti- 
tution ;  which  constitution,  or  system  of  by-laws,  shall  be  for 
the  government  of  said  society,  and  shall  not  be  altered  at  any 
subsequent  meeting,  but  in  the  manner  therein  pointed  out : 
Provided,  such  rules  and  by-laws  be  not  repugnant  to  the  con-  Proviso, 
stitution  and  laws  of  this  Commonwealth. 

Sect.  3.  Be  it  further  enacted,  That  the  society  aforesaid, 
shall  at  all  times  have  power  to  sue,  and  may  be  sued,  and  Powers, 
may  defend,  and  shall  be  held  to  answer  by  the  name,  stile, 
and  title  aforesaid ;  and  if  it  should  so  happen,  that  said  society 
shall  become  seized  of  lands  and  tenements,  it  shall  be  lawful, 
by  deed,  under  the  hand  and  seal  of  their  president,  for  the 
time  being,  to  sell  and  convey  the  same :  Provided,  such  sale  Proviso, 
shall  be  made  and  concluded  on  by  the  trustees  of  said  so- 
ciety. 

Sect.  4.  Be  it  fay  iher  enacted.  That  particular  accounts  of  Duty  of  the 
such  funds,  and  the  disposition  thereof,  shall  be  exhibited  by  treasurer, 
the  treasurer  at  the  stated  annual  meeting  of  said  society,  a 
committee  of  said  society  having  first  examined  and  certified 
the  same  to  be  true ;  and  fair  entries  shall  be  made  in  proper 
books  provided  for  that  purpose,  of  all  donations  made  to  said 
society,  and  of  all  the  estate,  both  real  and  personal,  belonging 
to  the  same ;  and  said  books  shall  be  brought  to  the  annual 
meetings,  and  be  there  open. for  the  inspection  of  the  members. 

Sect.  5.     Be  it  further  enacted.  That  Joseph  Allen,  Esq.  be,  pjjgt  meetin". 
and  he  is  hereby  authorized  to  call  the  first  meeting  of  said 
society,  in  their  corporate  society,  by  publishing  a  notification 
in  one  newspaper  printed  in  Worcester,  and  in  one  newspaper 


552 


1813. 


Chap.  186—193. 


Chap.  186. 


1805  ch.  75. 


Act  continued, 


1782  ch.  7. 
(V.  1.  p.  32.) 

Town  incorpo- 
rated. 


printed  in  Boston,  thirty  days  before  the  time  therein  appoint- 
ed.    [Feb.  28,  1814.] 

An  Act  continuing  The  Massachusetts  Charitable  Mechanic  Association. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  Massachusetts  Charitable  Mechanic  Association,  incorpo- 
rated by  an  Act,  entitled,  "An  Act  to  incorporate  Jonathan 
Hunnewell  and  others,  into  a  society,  by  the  name  of  The 
Massachusetts  Charitable  Mechanic  Association,"  shall  and 
may  remain  and  coniinue  a  corporation,  with  all  the  legal 
powers  and  privileges,  the  same  now  enjoys,  for  and  during 
the  term  of  ten  years  from  and  after  the  time  limited  for  the 
duration  of  said  corporation  by  the  Act  aforesaid.  \_Feb.  28, 
1814.] 

Chap,  191.     An  Act  to  erect  the  District  of  Lynnfield,   in  the  county  of  Essex,  into  a  Town, 
by  the  name  of  Lynnfield, 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  district  of  Lynnfield,  in  the  county  of  Essex,  as  the  same 
is  bounded  and  defined  in  an  Act,  entitled,  "An  Act  for  erect- 
ing a  district,  in  the  county  of  Essex,  by  the  name  of  Lynn- 
field," be,  and  the  same  hereby  is  incorporated  into  a  town, 
by  the  name  of  Lynnfield,  with  all  the  powers,  privileges,  and 
immunities,  and  liable  to  all  the  duties  and  requisitions  of  other 
towns  in  this  Commonwealth.     [Feb.  28,  1814.] 

Chap,  193.     An  Act  to  incorporate  The  President,  Directors  and  Company  of  the  L5mn  Me- 
chanicks  Bank. 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled^  and  by  the  authority  of  the 
same,  That  Daniel  Silsbe,  Joseph  Fuller  the  third,  John  D.  At- 
weil,  Thomas  Rich,  Samuel  Brimblecum,  Micajah  Burrill,  Par- 
ker Mudge,  Oliver  Fuller,  Jonathan  Conner,  John  Alley,  jun. 
Stephen  Oliver,  John  Mudge,  and  Jonathan  Bachellor,  their  as- 
sociates, successors,  and  assigns  shall  be,  and  hereby  are  cre- 
ated a  corporation,  by  the  name  of  The  President,  Directors, 
and  Company  of  the  Lynn  Mechanicks  Bank,  and  shall  so 
continue  from  the  first  day  of  September  next,  until  the  first 
Monday  of  October,  which  will  be  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-one;  and  by  that  name 
shall  be,  and  hereby  are  made  capable  in  law,  to  sue  and  be 
sued,  plead  and  be  impleaded,  defend  and  be  defended,  in  any 
Courts  of  Record  or  any  other  place  whatever ;  and  also  to 
make,  have,  and  use  a  common  seal,  and  to  ordain,  establish, 
and  put  in  execution  such  by-laws,  ordinances  and  regulations 
as  to  them  may  appear  necessary  and  convenient  for  the  go- 
vernment of  the  said  corporation  and  the  prudent  management 
of  their  affairs  :  Provided,  such  by-laws,  ordinances  and  regu- 
lations, 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  provi- 
sions herein  prescribed. 


Persons  incor- 
porated. 


Time  incorpo- 
rated for. 


Proviso. 


1813. Chap.  193.  533 

Sect.  2.     Be  it  further  enacted,  That  the  capital  stock  of  the  Amount  of  ca- 
said  corporation  shall  consist  of  the  sum  of  one  hundred  thou-  of*each°share.* 
sand  dollars,  in  gold   and   silver,  divided  into  shares  of  one 
hundred  dollars  each,  which  shall   be  paid  in  at  two  equal  in- 
stalments ;  the  first,  on  the  first  day  of  September  next ;  and  '^'"''^  ^^'"' 
the  second,  on  the  first  day  of  June,  which  will  be  in  the  year  1314  ch.  145. 
of  our  Lord  one  thousand  eight  hundred  and  fifteen,  or  at  such  I8I6  ch.  36. 
earlier  times  as  the  said  stockholders,  at  any  meeting  thereof,  1817  ch.  153. 
may  order.     And  the  stockholders,  at  their  first  meeting  shall, 
by  a  majority  of  votes,  determine  the  mode  of  transferring  and 
disposing  of  said   stock  and  the  profits   thereof,  which,  being  v^ 

entered  on  the  books  of  said  corporation,  shall  be  binding  on 
the  stockholders,   their  successors  and   assigns ;  and  the  said  jyj     ^^^^  ^^^ 
corporation  are  hereby  made  capable   in   law,  to  have,  hold,  estate  and 
purchase,  receive,  possess,  enjoy  and  retain  to  them,  their  sue-  amount, 
cessors  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,  and 
to  loan  and  negotiate  their  monies  and   effects  by  discounting 
on  banking  principles,  on  such  security  as  they  shall  think  ad- 
visable: Provided  however.  That  nothing  herein  contained  shall  Proviso, 
restrain  or  prevent  the  said  corporation  from  taking  and  hold- 
ing real  estate,  in  mortgage  or  on  execution,  to  any  amount,  as 
security  for  or  in  payment  of  any  debts  due  to  the  said  corpo- 
ration :  And  provided  further.  That  no  money  shall   be  loaned  Proviso. 
or  discounts  made,  nor  shall  any  bills  or  promissory  notes  be 
issued  from  said  bank,  until  the  first  instalment  shall  have  been 
actually  paid  in  as  aforesaid.     And  at  any  time,  after  the  pay- 
ment of  the  last  instalment  aforesaid,   it  shall   be  lawful,  and  May  add  to 
"power  is  hereby  granted  to  the  stockholders  of  said  corpora-  capital, 
tion,  to  add  to  their  capital  stock  aforesaid   the  sum  of  fifty 
thousand  dollars,  if  they  shall  think  proper,   to  be  paid  in  at 
one  instalment. 

Sect.  3.  Be  it  farther  enacted,  That  the  rules,  restrictions,  Rules,  &c. 
limitations,  reservations   and  provisions  which  are  provided  in 
and  by  the  third  section  of  an  act,  entitled  "  An  act  to  incorpo- 
rate the  President,  Directors  and  Company  of  the  State  Bank,"  0^^^  ch.  84.) 
shall    be    binding  on  the  bank  hereby  established  :  Provided  Proviso. 
only,  that  the  bond  required  to  be  given  by  the  Cashier,  shall 
be  in  the  penalty  of  ten  thousand  dollars;  that  the  number  of 
Directors,  to  be  chosen  annually,  shall  be  nine,  five  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business:  And  Debts  not  to 
provided  also,  that  the  amount  of  bills,  at   any  one  time  issued  exceed  so 
from  said  bank,  shall   not  exceed  fifty  per  cent,  beyond  their  P^^cei"- 
capital  stock  actually  paid  in. 

Sect.  4.     Be  it  further  enacted.  That  the  said  bank  shall  be 
established  and  kept  in  the  town  of  Lynn. 

Sect.  5.     Be  it  further  enacted,  That  any  committee    spe-  t  „•  ,    .. 
cially  appointed  by  the  Legislature  for  the  purpose,  shall  have  commiu'er 
a  right  to  examine  into  the  doings  of  the  said  corporation,  and  "^'"^y  esamino 
shall  have  free  access  to  all  their  books  and  vaults;  and  if  ^°°^'^' ^'^' 
upon  such  an  examination  it  shall   be  found,  and  after  a  full 
hearing  of  said  corporation  thereon  be  determined  by  the  L^- 

vou  n ,  70 


554 


1813. 


Chap.  193. 


Method  of 
calling  a 
meetitrg. 


Shall  transmit 
statement  of 
sCccoant^ 


Sbal]  pay 
altered  notes. 


Shall  pay  tax 
to  the  Trea- 


^rjer. 


PfoviSo. 


AlnoUnt  apprO' 
■priated  to 
loJtirs* 


gislature,  that  said  corporation  have  exceeded  the  powers  here- 
in granted  them,  or  failed  to  comply  with  any  of  the  rules,  re- 
strictions and  conditions  in  this  act  provided,  their  incorpora- 
tion may  thereupon  be  declared  forfeited  and  void. 

Sect.  6.  Be  it  further  enacted,  That  the  persons  herein  be- 
fore named,  or  any  three  of  them,  are  authorised  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  for  three  weeks  successively  in  the 
Essex  Register  and  Salem  Gazette,  for  the  purpose  of  making, 
ordaining  and  establishing  such  by-laws,  ordinances  and  regu- 
lations for  the  orderly  conducting  the  affairs  of  the  said  Cor- 
poration, as  the  said  stockholders  shall  deem  necessary,  and 
for  the  choice  of  the  first  board  of  Directors,  and  such  other 
officers  as  they  shall  see  fit  to  choose. 

Sect.  7.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Directors  of  said  bank,  to  transmit  to  the  Governor  and 
Council  of  this  Commonwealth,  for  the  time  being,  once  in  six 
months  at  least,  and  as  much  oftener  as  they  may  require,  ac-~ 
curate  and  just  statements  of  the  amounts  of  the  capital  stock 
of  said  corporation,  and  of  debts  due  to  the  same ;  pf  the 
monies  deposited  therein  ;  of  the  notes  in  circulation ;  and  of 
the  gold,  silver  and  copper  coin,  and  the  bills  of  other  banks 
on  hand ;  which  statement  shall  be  signed  by  the  Directors, 
and  attested  by  the  Cashier,  and  shall  be  verified  by  oath 
or  affirmation,  before  some  person  competent  to  administer  the 
same. 

Sect.  8.    Be  it  further  enacted,  That  the  said  corporation  shall 
be  liable  to  pay,  to   any  bona  fide  holder,  the  original  amount 
of  any  note  of  said  bank,  fraudulently  altered  in  the  course  of 
its  circulation  to  a  larger  amount,  notwithstanding  such  altera- 
tion. 

Sect.  9.  Be  it  further  enacted,  That  the  said  corporation, 
from  and  after  the  first  day  of  September  next,  shall  pay  by 
way  of  tax  to  th§  treasurer  of  this  Commonwealth,  for  the  use 
of  the  same,  within  ten  days  after  each  semi-annual  dividend, 
the  half  of  one  per  cent,  on  the  amount  of  the  original  stock 
which  shall,  at  the  time  of  said  dividend,  have  been  actually 
paid  in :  Provided  however,  That  the  same  tax,  payable  in 
manner  aforesaid,  shall  be  required  by  the  Legislature  of  all 
banks  that  shall  'be  hereafter  incorporated  within  this  Com- 
monwealth: And  provided  further,  That  nothing  herein  shall  be 
construed  to  impair  the  rights  of  the  Legislature  to  lay  s.  tax 
upon  any  bank  already  incorporated  under  the  authority  of 
tiiis  Commonwealth,  whenever  they  may  see  fit  so  to  do. 

Sect.  10.  Be  it  further  enacted,  That  one  tenth  part  of  the 
■  v/hole  funds  of  said  bank  shall  always  be  appropriated  to 
loans,  to  be  made  to  citizens  of  this  Commonwealth,  and 
wherein  the  Directors  shall  wholly  and  exclusively  regard  the 
ao-ricultural  and  manufacturing  interest;  which  loans  shall  be 
nSade  in  sums,  not  less  than  one  hundred  dollars,  nor  more 
than  five  hundred  dollars,  upon  the  personal  bond  of  the  bor- 
vowpv.  w^th  callateral  security  by  a  mortgage  of  real  estate,  to 


iai3.  , Chap.  193-- 200.  ^05 

the  satisfaction  of  the  Directors  of  said  bank,  for  a  term  not 
less  than  one  year,  and  on  condition  of  paying  the  interest  an- 
nually on  such  loans,  subject  to  such  forfeitures  and  rights  of 
redemption,  as  is  by  law  provided  in  other  cases. 

Sect.  11.     Be  it  further  enacted,  That  whenever  the  Legisla-  shall  loan  to 
lure  shall  require  it,  the  said  corporation  shall  loan  to  the  Com-  ^^^  Common- 

1  1       '  f  '     1  •    1  1  •       1        „«.    wealth. 

monwealth  any  sum  of  money  which  may  be  required,  not 
exceeding  ten  per  centum  of  the  amount  of  the  capital  stock 
actually  paid  in,  at  any  one  time,  reimbursable  by  five  annual 
instalments,  or  at  any  shorter  period  at  the  election  of  the 
Commonwealth,  with  the  annual  payment  of  interest,  at  a  rate 
not  exceeding  five  per  centum  per  annum :  Provided  ho-wever,  Provis;©, 
That  the  Commonwealth  shall  never,  at  any  one  time,  stand 
indebted  to  said  corporation,  without  their  consent,  for  a  larger 
sum  than  twenty  per  centum  of  the  capital  stock  actually 
paid  in. 

Sect.  1 2.     Be  it  further  enacted,  That  the   Commonwealth  common- 
shall  have  a  right,  whenever  the  Legislature  shall  make  provi-  wealth  may 
sion  by  law,  to  subscribe,  on  account  of  said  Commonwealth,  subscribe. 
a  sum  not  exceeding  sixty  thousand  dollars,  to  be  added  to  the 
capital  stock  of  said  company,  subject  to  such  rules,  regulations 
and  provisions,  as  shall  be  by  the  Legislature  made  and  estab- 
lished as  to  the  management  thereof.     [Feb.  28,  1814.]     Add. 
acts— 1814  ch.  145:   1816  ch.  36:   1817  ch.  153. 

An  Act  to  repeal  in  part  an   act,  entitled,  "  An  act  to  incorporate  Sfunuel  II.    Chtt'pm  200. 
Flagg,  and  others,  by  the  name  of  The  Proprietors  oT  Prison  Point  Dam  Cor- 
poration." 

Sect.  1.     BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That   so  much  of  the   act,    entitled  "  An   act  to   incorporate  *^^^  ^'  '*♦ 
Samuel  H.  Flagg,  and  others,  by  the  name  of  The  Proprietors 

of  the  Prison  Point   Dam  Corporation,"  as  provides  that  five    *  .  • 

I     11  1         11  11        •  1  1         1  -1  •         ^^^ '"  p3-rt 

cents  a  ton  shall  be  allowed  and  paid  by  the  said  corporation  repealed. 

for  detention  of  all  sea  vessels  of  more  than  fort}^  tons  burthen, 

which  shall  pass  with  freight  through  the  locks  thereof,  be,  and 

the  same  is  hereby  repealed. 

Sect.  2.  Be  it  further  enacted,  That  the  said  corporation  shall  Possession  trf 
be  allowed  to  occupy  and  possess  for  the  objects  and  purposes  property. 
of  said  corporation,  a  parcel  of  flats  between  Prison  Point  and 
Lechmere's  Point,  not  exceeding  three  hundred  feet  in  width, 
if  in  their  judgment,  the  same  shall  be  found  necessary,  and 
that  the  travelling  path  on  said  dam  shall  not  be  less  than 
thirty  feet  in  width. 

Sect.  3.  Be  it  further  enacted,  That  the  proprietors  of  said  Rights  and 
dam,  shall  have  a  right,  if  at  any  time  hereafter  they  shall  see  P"vilegesw 
fit  to  make  a  road  from  the  said  dam  to  the  Main-Street  in 
Charlestown  ;  and  any  person  whose  land  shall  be  taken  for 
said  road,  shall  be  entitled  to  compensation  in  damages  therefor, 
and  shall  have  a  like  remedy  in  process  therefor  in  all  respects 
as  is  given  in  the  several  acts  for  laying  out  highways  within 
this  Commonwealth.     [Feb.  28,  1814.] 


356  1813. Chap.  201. 

dyhaVt  ^01.   ^"  '^^'^  granting  to  the  Proprietors  of  Union  Locks  and  Canals  authority  to  sell 
■'*'*'      '       tickets  within  this  Commonwehlth. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That 
the  Proprietors  of  Union  Loclis  and  Canals,  incorporated  in 
the  Stale  of  New-Hampshire  for  the  purpose  of  constructing 
locks  on  Merrimack  river,  thereby  to  open  inland  navigation 
from  the  town  and  harbour  of  Boston  to  Concord  in  that  State, 
be,  and  hereby  are  authorised  to  sell  or  cause  to  be  sold  within 
this  Commonwealth  the  tickets  of  a  lottery  granted  to  them  by 
the  government  of  New-Hampshire  to  raise  the  sum  of  twenty 
thousand  dollars  to  complete  that  object :  Provided,  That  the 
conditions,  on  which  the  said  act,  bearing  date  the  fourteenth 
day  of  June  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirteen,  was  passed  be  complied  with:  And  provided 
also.  That  the  managers  of  the  said  lottery  appointed  by  the 
Governor  of  New-Hampshire  shall  be  approved  by  the  Gover- 
nor of  this  Commonwealth  and  shall  give  sufficient  bonds  to 
him  also  for  the  faithful  performance  of  that  trust.  [Feb.  28, 
1814.] 


Mpptntfif^i 


CONTAINING  SEVERAL  PRIVATE  AND  SPECIAL  ACTS,  WHICH 
WERE  OAlITTED  IN  THE  PRECEDING  VOLUMES. 


1795 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the  Rlassachusetts  Fire  In-    C/lCp»  22» 
surance  Company. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives,in  General  Cou7't  assembled,  and  by  the  authonty  of  the  same,  persons  incor- 
That  John  Andrews,  John  Winthrop,  VViliiam  Wetmore,  Jesse  porated. 
Putnam,  William  Shattuck,  William   Brown,  Jonathan   Harris 
and  Samuel  Salisbury,  so  long  as  they  shall  continue   proprie- 
tors, and  such  others  as  herealter  may  become   proprietors  in  lygs^ch.  46. 
said  company,  be  and   they   hereby   are  incor|)orated  by  the 
name  of  the  Massachusetts  Fire  Insurance   Company  ;  and  by 
that  name  shall  be  capable,  in  law,  to  sue,  plead  and  prosecute, 
and  be  sued,  impleaded  and  prosecuted,  in  all  courts  of  record, 
or  any  other  courts  or  places  whatsoever,  and  do  and  suffer  all 
other  acts  and  things,  which  bodies  politic  may  and   ought  to 
do  and  suffer :  And  said  corporation  shall  have  full  power  and 
authority  to  make,  use  and  have  a  common  seal,  and  the  same 
at  pleasure  to  break,  alter  and  renew-. 

Sect.  2.  And  be  it  further  enacted,  That  the  stock  or  capital  of  Amount  whicK 
said  corporation,  and  until  it  be  augmented   in   manner  herein  the  capitalshail 
after  authorized,  shall  consist  of  three  hundred  thousand  dol-  each  share. 
lars,  which  shall  be  divided  into  three   thousand  shares  ;  each 
share  consisting  of  one   hundred   dollars  :  the  said  sum  to  be 
paid  by  instalments  in  manner  following,  to  wit — on  or  before 
the  first  day  of  September  next,  and  previous  to  any  insurance 
made,  ten  dollars  on  each  share  :  the  remainder  of  said  capi- 
tal,  to  be  completed  at  the  expiration  of  nine  years   from   the 
first  day  of  said  September,  by  annual  payments  of  ten  dollars 
on  each  share. 

Sect.  3.  And  be  it  further  enacted,  That  said  proprietors  may  Stock  may  be 
and  they  are  hereby  authorized  to  augment  at  any  future  pe-  ^"g'^ented. 
riod,  at  their  discretion,  their  capital  to  any  sum  which  shall 
not  exceed  six  hundred  thousand  dollars,  to  be  appropriated  to 
the  same  purposes,  and  invested  in  the  same  stock  and  funds 
as  is  herein  after  mentioned. 

Sect.  4.  And  be  it  further  enacted.  That  if  at  any  time,  pre- Losses  to  be 
vious  to  the  expiration  of  said  nine  years,  the  losses  of  said  equally  appor- 
company  shall  exceed  the  amount  of  stock   on  hand,  in  such  ^^^^^^  °"  *" 
case,  said  corporation  shall  equally  apportion  the  amount  of  all 
demands  upon  said  company,  on  all  the  shares,  and  make  an 
assessment  of  th^mount  of  such  apportionment,  and  of  ten 
additional  dollars  on  each  share ;  which  assessment  shall  be 


558 


APPENDIX. 


Corporation 
empowered  to 
sue  proprietors 
in  case  of  non- 
payment of  as- 
sessments and 
annual  instal- 
ments. 


Capital  to  be 
invested  in  a 
ficcure  place. 


Interest  annu- 
ally divided. 

Proviso. 


Cerporation 
empowered  to 
insure   against 
fire. 

Powers  extend- 
ed 1798  cb.  46. 

Debarred  the 
possession  of 
real  estate,  ex- 
cept, &c. 


Property  of  in- 
dividual mem- 
bers liable  to 
attachment. 


payable  in  sixty  days  after  public  notice  shall  be  given  there- 
of by  an  arlvertisement  irt  any  Boston  newspaper.  Provided 
always,  that  no  proprietor  shall  be  liable,  or  his  estate,  real  or 
personal,  answerable  for  any  sum  exceeding  one  hundred  dol- 
lars on  each  share  he  holds. 

Sect.  5.  And  be  it  further  enacted,  That  if  any  proprietor 
shall  fail  to  make  payment  of  said  assessment  last  mentioned, 
after  said  notice,  on  or  before  the  expiration  of  said  sixty  days, 
the  said  corporation  are  hereby  authorized  and  empowered  to 
sue  for  and  recover  said  assessment ;  any  law,  usage  or  custom 
to  the  contrary  notwithstanding.  And  if  any  proprietor  shall 
fail  to  pay  his  annual  instalment,  or  any  assessment  lawfully 
made  by  said  corporation,  on  such  proprietor,  on  or  before  the 
day  appointed  for  payment  of  the  same,  the  said  corporation 
are  hereby  authorized  and  empowered  to  sue  for  and  recover 
the  same  in  manner  aforesaid  ;  and  such  delinquent  proprietor 
shall  forfeit  his  right  and  title  to  all  interests,  premiums  and 
profits  then  due,  and  that  shall  become  due,  prior  to  his  actual 
payment  of  such  instalment  or  assessment,  and  the  same  shall 
enure  and  accrue  to  the  use  and  benefit  of  said  corporation. 

Sect.  6.  And  be  it  further  enacted,  That  the  capital  of  said 
corporation,  after  being  collected  at  each  instalment,  shall, 
within  sixty  days,  be  invested  either  in  the  funded  debt  of  the 
United  States,  or  of  this  Commonwealth,  or  in  the  stock  of  the 
United  States  Bank,  or  of  any  incorporated  bank  in  this  Com- 
monwealth, at  the  discretion  of  the  president  and  directors  of 
said  company,  or  of  other  officers,  which  the  proprietors  shall 
for  such  purpose  appoint.  And  that  the  interest  arising  from 
said  stock,  and  the  premiums  received,  shall  be  annually  di- 
vided among  the  proprietors  :  Provided  always,  that  if  any  loss 
or  losses  shall  at  any  time  diminish  the  capital,  at  such  time 
collected,  in  such  case  no  dividend  shall  be  made  until  such 
loss  or  losses  be  completely  restored. 

Sect.  7.  A^id  be  it  further  enacted.  That  said  corporation 
may,  and  they  hereby  are  authorized  and  empowered  to  make 
insurance  against  fire,  on  dwelling-houses,  and  all  other  build- 
ings whatsoever,  and  on  all  goods,  wares  and  merchandizes  on 
land,  to  any  amount  not  exceeding  three  fourths  of  the  value  of 
the  buildings  or  other  property  insured. 

Sect.  8.  And  be  it  further  enacted,  That  nothing  in  this  Act 
shall  be  deemed  or  construed  to  extend,  to  authorize  or  em- 
power said  corporation  to  be  seized  or  possessed  of  any  real 
estate,  except  such  as  shall  be  occupied  by  said  corporation, 
for  transaction  of  the  business  of  the  company. 

Sect.  9.  Be  it  further  enacted,  That  the  property  of  every 
individual  member  of  said  corporation,  vested  in  said  corporate 
funds,  shall  be  liable  to  attachments,  and  to  the  payment  and 
satisfaction  of  his  just  debts  to  any  of  his  bona  fide  creditors,  in 
manner  following,  viz.  In  addition  to  the  summons,  by  law- 
prescribed  to  be  left  with  the  debtor,  a  like  summons  shall  be 
left  with  the  office-keeper  of  said  company,  and  the  debtor's 
shares  in  said  corporate  funds  shall  be  held  to  respond  said 
suit,  according  to  law  :  And  all  transfers  of  the  debtors'  shares 
not  noted  in  the  company's  books  previous  to  the  delivery  of 


APPENDIX. 


159 


such  summons,  shall  be  barred  thereby,  and  execution  maybe 
levied  upon  the  property  of  any  proprietor  in  said  company, 
and  his  shares  therein  exposed  to  sale,  in  the  same  manner  as 
is  by  law  provided  where  personal  estate  is  taken  in  execution; 
and  it  shall  be  the  duty  of  the  officer  who  extends  such  execu- 
tion, to  leave  an  attested  copy  thereof,  with  his  doings  thereon, 
with  the  office-keeper  of  said  company ;  and  the  purchaser 
shall  thereupon  be  entitled  to  the  reception  of  all  dividends  and 
stock,  and  to  the  same  privileges  as  a  member  of  said  corpora- 
tion, that  the  debtor  was  previously  entitled  to  :  and  upon  any 
attachment  being  made,  or  execution  levied  upon  any  shares 
in  said  funds,  it  shall  be  the  duty  of  said  office-keeper,  and  the 
keeper  of  said  company's  books,  to  expose  the  books  of  said 
corporation  to  the  officer,  and  to  furnish  him  with  a  certificate 
under  his  or  their  hand,  in  his  or  their  official  capacity,  ascer- 
taining the  number  of  shares  the  debtor  holds,  and  the  amount 
of  dividends  due  thereon. 

Sect.  10.  Jlnd  be  it  further  enacted.  That  for  the  well  gov- officers  to  be 
erning  and  regulating  the  atfairs  of  said  corporation,  they  shall  appointed, with 
have  such  officers  as  they  shall   hereafter   appoint,   and   shall  suitablepowers. 
grant  them  suitable  compensation  for  their  services  ;  and  such 
officers  shall  be  capable  of  exercising  such  powers  as  shall  be 
designated  and  annexed  to  their  office  by  the  laws  and  regula- 
tions of  said  corporation  for  the  well  governing  the  same ;  and 
for  that  purpose,  of  calling  such  occasional  meetings  as  shall  be 
fixed  and  determined  by  said  laws  and  regulations. 

Sect.  11.  And  be  it  further  enacted,  That  at  all  meetings  of  jyja^joj.jty  of 
said  corporation,  every  matter  shall  be  decided  by  the   major  present  voters^ 
votes  of  persons  present,  who  are  proprietors,  or  who  represent  *°  decide  on 
proprietors.     The  number  of  votes  to  be  determined  by  the 
number  of  shares  each  voter  holds  or  represents  ;  Provided,  no 
proprietor  or  voter  shall  be  entitled  to  more  than  ten  votes. 

Sect.  12.  And  be  it  further  enacted,  That  John  Andrews,  John  persons  em- 
Winthrop  and  Jesse  Putnam,  or  any  two  of  them,  be  empower-  powered  to  call 
ed  to  call  a  meeting  of  said  proprietors,  at  such  time  and  place  'meetings. 
as  they  may  think  convenient,  by  advertising  the  same  in  any 
Boston  newspaper,  seven  days  before  the  time  of  holding  such 
meeting. 

Sect.  13.  And  be  it  further  enacted.  That  this  Act  shall  remain  Act  limited. 
in  force  for  the  terra  of  twelve  years,  and   no  longer.      [June  (Extended   by 
25,  1 795.J     Add.  acts— 1 798  ch.  46  :    1 805  ch.  47  :    1814  ch.  ^^^*  ^^'  ^^'^ 
82. 

An  Act  to  incorporate  certain  persons  who  have  formed  a  society  for  the  informa-  1795 

tion  and  aid  of  foreigners  in  their  migration  and  settlement,  by  the  name  of  the  pi,^„    ctA 
Massachusetts  Society  for  the  aid  of^Emigrants.  K^aap,  Z'k* 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  John  Andrews,  Joseph  Blake,  Martin  Brimmer,  William 
Brown,  Samuel  Brown,  Charles  Bulfinch,  Benjamin  Clarke,  Persons  incWf 
Thomas  Clark,  John  Codman,  Robert  Davis,  Richard  Devens,  P°"*^^' 
Aaron  Dexter,  Joseph  Eckley,  Edward  Edes,  Frederick  Wil- 
liam Geyer,  Nathaniel  Gorham,  Stephen  Gorham,  Henry  Hill, 
Joseph  Howard,  William  Lambert,  Benjamin  Lincoln,  William 
Little,  John  Lowell,  John  Lucas,  Theodore  Lyman,  Mungo 


560  APPENDIX. 

Mackay,  Joseph  May,  Jedediah  Morse,  Samuel  Parktnan,Aaron 
Putnam,  Thomas  H.  Perkins,  Thomas  Robinson,  Thomas  Rus- 
sell, Joseph  Russell,  Samuel  Sewall,  William  Sherburne,  Elisha 
Sigourney,  Samuel  Smith,  Oliver  Smith,  Wiiliam  Smith,  Russell 
Sturgis,  Peier  Thacher,   Edward   Tuckerman,   Charles   Vaug- 
han,  Ebenezer  Wales  and  Josiah  Waters,  with  all   others   who 
being  citizens  of  this  Commonwealth,  are  or  shall  become  their 
associates,  be  and  they  hereby  are  constituted  and  made  a  cor- 
poration, by  the  name  of  the  M  issachusetts  Society  for  the  aid 
Amount  of        of  Emigrants,  and  shall  be  capable  of  t;iking   and    holding,  by 
property    they  virtue  of  any  purchase,  gift  or  devise,  any  real  or  other  estate 
inay   0   .         j^Qj  exceeding,  in  the  whole  amount,  the  sum   of  twenty   thou- 
sand dollars.     And  the  said  corporation   shall   hold   meetings, 
for  the  choice  of  its  officers,  on  the  first  Tuesday  of  June  annu- 

Duty  and  care       Sect.  2.     And  he  i I  further  enacted  hy  the  authority  aforesaid, 
of  the  society,    fh^t  it  shall  be  the  more  especial  care  of  the   said   society  to 
render  to  all  foreigners,  not  of  ill  fame,  who  shall  arrive  within 
this  Commonwealth,  and  shall  make  suitable  application  to  the 
said  society,  their  officers  or  agents,  the  most  needful  informa- 
tion and  advice,  to  promote  the  advantageous  settlement  and 
employment  of  such  emigrants.  And  the  said  society  shall  pro- 
vide for  the  making  and  preserving  accurate  lists  and  memori- 
als, as  far  as  may  be,  of  the  names,  nation,  age,  sex,  condition, 
handicraft,  employment  and  settlement  of  all  emigrants  which 
shall  come  to  their  knowledge,  and  such  lists  or  memorials,  and 
all  other  doings  of  the  ^aid  society,  shall  be  open  to  the  inspec- 
tion of  the  supreme  executive,  and  of  the  legislature  of  this 
Commonwealth,  upon  their  requisition. 
Persons  of  i]i         Sect.  3.  And  be  it  further  enacted^  That  the  said  society  shall 
fame  not  to  be  take  especial  care  to  prevent  convicts,  and  persons  of  notorious 
a  route  .          j|j  f^^^^  |-j.qjjj  being  brought  into  this  Commonwealth   by   any 
master,  or  other  person  having  charge  of  any  vessel,  and   the 
penalty  and  forfeiture  established  against  such  offence,  by   the 
Act  for  the  relief,  employment  and  removal  of  the  poor,  and 
for  repealing  all  former  laws  made  for  those  purposes,  passed 
February  the  twenty-sixth,  seventeen  hundred  and  ninety-four, 
may  be  prosecuted  for  by  the  said  society,  their  officers  or 
agents  ;  and  when  recovered  on  such  prosecution,  shall  enure 
wholly  to  the  said  society,   and   shall   be   appropriated   under 
their  direction,  to  promote  the  design  of  this  incorporation. 
Selectmen  em-       Sect.  4.  And  be  it  further  enacted^  That  in   order   to  render 
powered  to  at-  the  beneficial  purposes  of  the  aforementioned  institution  as  ex- 
cation".^^^ '"    Icnsive  as  possible,  the  selectmen  of  the  several   towns   of  this 
Commonwealth  are  hereby^,  directed   and   empowered   to  pay 
suitable  attention  to  the  applications  of  emigrants,  and   to  give 
to  all  persons  of  good  character  such  advice  and  information  as 
will  enable  them  to  obtain  the  earliest  employment  in  their  res- 
pective occupations.     \June  25,  1 795.] 
1796    .    •  ■■  -• — 

_,,  An  Act  for  regulating  Hackney  Carriages  in  the  town  of  Boston,  and  to  repeal  an 

C/lOp.  32.  Act  heretofore  made  for  that  purpose. 

Sect.  1.  BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 


APPENDIX.  ^^'• 

That  no  person  or  persons  shall  be  permitted  to  set  up  or  em-  ^^^^^^f^^°^^ 
ploy  any  coach,  chariot,  coachee  or  other  carriage  in  the  town  '"""  ' 
of  Boston,  for  the  purpose  of  conveying  persons  for  hire,  until 
the  owner  thereof  shall  obtain  a  license  for  that  purpose,  in 
writing,  from  the  major  part  of  the  selectmen  of  said  town,which 
license  shall  be  and'remain  in  full  force  for  one  year  from  the 
date  of  it.  unless  sooner  revoked  or  annulled  by  said'  selectmen 
or  a  major  part  of  them  ;  and  the  said  selectmen  are  hereby 
authorized  to  grant  licenses  for  such  number  of  hackney  coach- 
es and  carriages,  and  to  make  such  rules  and  regulations  for 
the  standing  of  said  carriages  in  the  different  streets  of  said 
town,  as  they  shall  judge  proper,  and  the  same  to  change  and 
vary,  as  occasion  may  require. 

Sect.  2.  And  be  it  further  enacted,  That  the  selectmen  of  said 
town  be  and  they  are  hereby  authorized  and  directed  to  cause  Tobenumbet- 
all  such  hackney  carriages  to  be  numbered  and  registered  in  a  ed^and  regis- 
book  to  be  kept  by  the  town  clerk  for  that  purpose,  and  the 
number  of  each  carriage  shall  be  fixed  upon  the  same  in  such 
conspicuous  place  or  places  as  the  said  selectmen  shall  direct ; 
and  the  fees  for  each  license,  to  be  paid  by  the  person  receiv- 
ing the  same,  shall  be  one  dollar. 

Sect.  3.  And  be  it  further  enacted,  That  any  person  who  shall 
set  up  or  use  any  hackney  carriage  for  the  purpose  aforesaid, 
without  having  obtained  a  license" from  the  said  selectmen,  or 
who,  having  obtained  such  license,  shall  continue  to  keep  and 
use  such  carriage  after  the  same  license  shall  be  revoked,  an- 
nulled or  become  void,  according  to  this  Act,  shall  forfeit  and 
pay  for  every  time  such  carriage  shall  be  used,  a  sum  not  ex- 
ceeding four  dollars.     And  every  such  hackney  carriage  that 
shall  be  found  standing  or  plying  in  any  street  or  highway  con-  penalty  foi 
trary  to  the  regulations  of  the   said   selectmen,  or  without  its  using  unli- 
number  painted  on  it  as  aforesaid,  or  after  the  license  therefor  '^^^l^^^^'' 
shall  have  been  revoked  or  annulled  by  the  said  selectmen,  or 
expired  by  this  Act  and  before  the  same  shall  have  been  re- 
newed, shall  be  considered  as  an  unlicensed  carriage,  and  the 
owner  of  the  same  shall  be  subjected  to  the   like   forfeiture   as 
in  the  case  of  an  unlicensed  carriage  for  every  such  offence. 

Sect.  4.  And  be  itjurther  enacted,  That  the  said  selectmen 
be  and  hereby  are  authorized  and  empowered  to   revoke   and  ncenses   may 
annul  any  license  by  them  given  as  aforesaid,  at  any  time  they  be  annuiied, 
may  think  proper,  for  the  breach  of  any  rules  and   regulations 
by  them  prescribed,  or  for  any  gross  misbehaviour  of  the  driver 
in  driving,  in  abusive  language  or  otherwise,  complaint  having 
been  prcA^iouslv  made  to^thcin  and  they  having  heard  the  par- 
ties, or  the  owner,  after  reasonable  notice,   making  default  of 
tippearancc  to  answer  thereto. 

Sect.  5.  And  be  it  further  enacted.  That  the  person  in  whose 
^iame  a  license  is  taken  out  for  any  hackney  carriage  as  afore-  persons  taking 
said,  shall,  for  all  the  purposes  of  this  Act,  be  considered  as  i;«^f^^^^;;°  ^^-^ 
the  owner  of  the  same  and  liable  to  all  forfeitures  and  penalties  ^^^,^^^.^^ 
herein  contained,  unless  upon  the  sale  of  his  carriage  notice  be 
<^iven  thereof  and  the  license  delivered   up   to  the  selectmen  : 
and  the  publications  of  the  rules  and  regulations  cf  said  select- 

VOTs  TV.  71 


562 


APPENDIX, 


Former  act  re 
pealed. 


men,  and  of  the  annulling  and  revoking  any  license  as  afore- 
said, in  the  newspaper  printed  by  the  printer  for  the  Common- 
wealth, for  the  time  being,  shall  be  deemed  and  taken,  to  all 
intents  and  purposes,  as  sufficient  notice  of  the  same  to  all  such 
owners  of  carriages  as  aforesaid. 

Sect.  6.  And  be  it  further  enacted^  That  a  major  part  of  the 
Selectmen  to      selectmen  be  authorized  and  empowered  to   make   such  rules 
establish  rates,  and  regulations,  establishing  the  rates  and  prices  to  be  paid  for 
the  carriage  and  conveyance  of  persons  in  said  hackney  coach- 
es within  the  limits  of  the  town  of  Boston,  as  they  may  from 
time  to  time  judge  reasonable,  regard  being  had  to  the  time  and 
distance.     And  if  any  owner  or  driver  of  a   hackney  carriage 
shall  demand  and  extort  from  any  person  or  persons  a  sum  be- 
yond the  rates  which  may  thus  be  established  by  the  said   se- 
lectmen, the  license  of  such   carriage,  upon   complaint   made 
to  the   selectmen   as   aforesaid,   after  a  due   hearing,   may  be 
Penalty  for  ex-  ^^^^^^^^^  ^nd  revoked,  and  the  owner  shall  be  further  liable 
toriion.  to  refund  the  sum  thus  received  and  extorted  to  the  party  griev- 

ed.    And  all  the  penalties  and  forfeitures   aforesaid,   shall   be 
Penalties  to  be  recovered  in  an  action  on  the  case,  before  any  Justice  of  the 
recovered.         Peace  of  the  county  of  Suffolk,  to  the  use  of  the  person  who 
shall  sue  for  the  same. 

Sect.  7.  And  be  it  further  enacted,  That  an  Act  for  regulating 
hackney  carriages  in  the  town  of  Boston  made  and  passed  on 
the  twenty-third  day  of  February,  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  ninety-six  be  and  the  same  hereby 
is  repealed,  excepting  so  far  as  the  licenses  granted  under  tho 
same  Act  shall  continue  and  be  in  force,  but  subject  to  the  con- 
ditions and  limitations  of  this  Act.     [JVor.  25,  1796.] 

An  Act  to  set  oir  part  of  tho  parish  in  the  town  of  Stoughton,  in  the  count}'  of 
Norfolk,  and  to  annex  the  same  to  the  North  Parish  in  the  town  of  Bridaevvater, 
in  the  count}'  of  Plymouth. 

Sect.  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Gemral  Court  assembled,  '.nd  by  the  authority  of  the  same, 
That  the  lands  comprised  within  the  following  described  line 
Boundaries—  -v^-jth  the  inhabitants  dwelling  thereon,  viz.  bcginnin"-  at  the 
southwest  corner  of  the  widow  Relief  Leach's  land  (in'^thetown 
of  Stoughton)  on  the  west  line  of  the  school  lot;  thence  run- 
ning north  on  said  line  until  it  comes  to  land  belonging  to  Ca- 
leb Howard  ;  thence  east  in  the  range  of  said  Howard's  and 
Nathaniel  Littlc/icid,  junr's.  land  untU  it  comes  to  the  Randolph 
line  ;  thence  southeasterly  on  said  line  until  it  comes  to  Na- 
thaniel Little fiekPs  land  ;  thence  westerly  in  the  range  of  Na- 
thaniel  Littlefield's  and  Nathaniel  Littlefield,  junr's.  Tand  until 
it  comes  to  the  road  leading  from  Bridgewater  to  Boston  ; 
thence  southerly  by  said  road  until  it  comes  to  the  southwest 
corner  of  William  Curtis'  land  ;  thence  easterly  and  southeast- 
erly in  the  range  of  said  Curtis'  and  Nathaniel  Littlefield's  land 
until  it  comes  to  the  said  widow  Leach's  land  ;  thence  north- 
easterly in  the  range  of  said  Leach's  and  Curtis'  land  until  it 
comes  to  Randolph  line  ;  thence  southerly  on  said  line  until  it 
comes  to  the  land  of  Gideon  Fjoward  ;  thence  southwesterly  in 
the  range  of  said  Howard's  and  Leach's  land  until  it  comes  to 
Oliver  Howard's  land  ;  thence  in  the  range  of  said  Howard's 


1797 
Chap.  42. 


APPENDIX. 


563 


and  Leach's  land  until  it  comes  to  the  first  mentioned  bounds, 
be  and  they  hereby  are  set  off  from  the  parish  in  the  town  of 
Stoughton,  and  annexed  to  the  north  parish  in  the  town  of  get  off. 
Bridgewater,  and  shall  hereafter  be  considered  a  part  of  said 
parish,  there  to  do  duty,  and  receive  privileges,  as  the  other 
inhabitants  of  said  parish  do  or  may  enjoy. 

Sect.  2.  j^nd  be  it  further  enacted,  That  the  persons   living  Direction  re- 
on  or  owning  the  above  described  land,  shall  be  holden  to  pay  specting  taxes. 
all  taxes  that  have  been  legally  assessed  upon  them  by  the  pa- 
rish in  Stoughton,  in  the  same  manner  as  if  this  Act  had  never 
passed.     [Feb.  8,  1798.] 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act  to  incorporate  sundry  persons  by  1  798 

tlie  name  of  the  Massacliusetts  Fire  Insurance  Company."  ChdP,  46, 

Sect.  1 .  BE  it  enacted  by  the  Senate  and  House  of  Representa-  1795  ch.  22. 
iives,  in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  said  company,  from  and  after  the  passing  of  this  Act,  shall 
be  known  by  the  name  of  the  Massachusetts  Fire  and  Marine  j^^y,  tjtig_^ 
Insurance  Company ;  and  shall  have  full  power,  and  are  here- 
by authorized,  in  addition  to  their  former  powers,  to  make  in- 
surance on  all  vessels,  goods,  wares  and  merchandize  at  sea 
and  water  borne,  against  all  such  risks,  perils  and  dangers,  as 
are  lawful  and  accustomed. 

Sect.  2.  Be  it  further  enacted,  That  said  company  shall  not 
issue  or  subscribe  anj  policy  against  any  of  the  hazards  afore- 
said, until  their  present  capital  stock  shall  be  augmented  by  Increase  of 
adding  thereto  the  sum  of  three  hundred  thousand  dollars,  to  necessary?  * 
be  divided  into  three  thousand  shares  of  one  hundred  dollars 
each,  and  until  the  sum  of  one  hundred  and  eighty  thousand 
dollars  of  said  additional  sum  be  actually  paid  into  the  office 
of  said  corporation. 

Sect.  3.  Be  if  further  enacted,  That  the  remainder  of  said  Whole  capital 
sum,  together  with  the  remainder  of  the   first  capital   of  said  ]?  ^^  P'*"' '" 

'       o  •  1      1     11  1  .  1   .  1  rr  c        ■  ^  ^"'■^^  years. 

company,  now  unpaid,  shall  be  paid  mto  the  ornce  oi  said  cor- 
poration within  three  years  from  the  passing  of  this  Act,  in  pro- 
portions of  one  hundred  thousand  dollars  annually,  at  such  times 
of  the  year,  and  in  such  sums,  as  said  corporation  may   agree 
upon  ;  any  thing  in  the  Act  to  which  this  is  in  addition   to  the 
contrary  notwithstanding.     And  in  case  of  loss,  to  the  amount  complete  pay- 
of  the  capital  actually  paid  in,  by  reason  of  any   insurance  in  mentstobe  at 
said  office,  the  said  corporation  shall  thereupon  forthwith  make  ed*^}f  rtmJ^te" 
such  assessment  or  assessments,  and  collect  the  same,  not  ex-  from  great  loss, 
ceeding  the  amount  of  the  stock  then  due  and  unpaid,  as  may 
be  necessary   to   discharge  such  loss  :  And  every  stockholder 
who  shall  be  delinquent  in  the  payment  of  said   assessments, 
and  all  others  made  for  the  regular  paying  in   of  said  capital 
stock,  shall  be  subject  to  the  same  suits,  penalties  and   forfeit- 
ures, as  in  and  by  the  said  Act  is  provided. 

Sect.  4.  Jlnd  be  it  further  enacted,  That  the  sum  of  three  hun- 
dred thousand  dollars,  of  the  stock  aforesaid,  shall  be  solely  300,ooo  dollars 

1   r         I  i-       II    1  •  11  -J    appropriated 

appropriated  tor  the  payment  ot    all   losses   incurred    by  said  for  fire   insur- 
company,  by  reason  of  any  insurance  against  fire,  until  all  the  a»ce,  exclu- 
policies  now  actually  subscribed  by  said  company  have  expir-  ^'^^y* 
ed,  or  shall  be  otherwise  legally  discharged.     And  if  any  part 
of  said  sum  shall  be  appropriated  or  applied  to  the  payment  ol 


5&4  APPENDIX. 

any  loss  incurred  by  reason  of  any  insurance  against  the  perils 
upon  the  seas,  to  the  injury  of  the  present  assured  in  said  of- 
fice, the  directors  of  said  company  making  such  appropriation, 
shall  be  held  answerable,  in  their  private  capacity,  to  the 
amount  thereof,  to  the  party  injured  ;  excepting  therefrom  such 
director  who  shall  enter  his  protest,  in  writing,  upon  the  records 
of  the  said  company,  against  such  appropriation,  at  the  time  of 
making  the  same. 
State  of  funds        Sect.  5.  And  be  it  further  enacted,  That  said  corporation,  pre- 
&c.  to  be  pub-  vious  to  their  issuing  any  marine  policy  of  insurance,  shall  pub- 
lished, {igjj  [j^  t^Q  Qf  (^j^g  Boston  newspapers,  the  amount  of  their  ac- 
tual funds,  the  periods  when  the  remainder  will  be  paid,  the 
greatest  amount  to  be  taken  upon  any  one  vessel  or  house,  and 
the  risks  they  propose  to  insure  against ;  and  they  shall  keep 
a  fair  printed  copy  thereof  in  some  conspicuous  place  in  their 
AHow^edto        office,  and  publish  the  same  annually.     And  the  real  estate, 
hold  real  es-      which  said  Corporation  are  authorized  and  empowered  to  hold 
and  purchase  for  transacting  the  business  of  said  company,  may 
be  to  the  value  of  twenty  thousand  dollars,  and  no  more. 
Sect.  6.  Ajid  be  it  further  enacted,  That  this  Act,  and  the  Act 
this'act*!!°"   *^   ^^  which  it  is  in  addition,  and  the  powers  and  privileges  grant- 
ed by  the  said  Acts  respectively,  shall  be  and  remain  in  full 
(Extended  by    ^^^^^  for  the  spacc  of  twenty  years  from  the  twenty-fifth  day 
1814  ch.  82.)     of  June,   one   thousand   seven   hundred  and   ninety-five;  any 
thing  in  either  of  the  Acts  aforesaid  to  the  contrary  notwith- 
standing. 
President  and        Sect.  7.  And  be  it  further  enacted,  That  in  case  of  any  loss 
director's  pri-    or  losses  taking  place  that  shall  be  equal  to  the  amount  of  the 
able  In  certain  Capital  stock  of  Said  corporation,  and  the  president  or  directors, 
<;ase.                after  knowing  of  such  loss  or  losses  taking  place,  shall  subscribe 
to  any  policy  of  insurance,  their  estates  jointly  and   severally 
shall  be  accountable  for  the  amount  of  any  and  every  loss  that 
shall  take  place  under  policies  thus  subscribed. 
Affairs  of  tiie         Sect.  8.  And  be  it  further  enacted,  That  the  president  and  di- 
i-orporation  to  rectors  of  Said  corporation  shall,  when  and  as  often  as  required 
SScourt'!  ^y  t^^  legislature  of  this  Commonwealth,  lay  before  them  such 
a  statement  of  their  affairs,  as  the  said  legislature  may  deem  it 
expedicn Mo  require,  and  submit  to  an  examination  thereon 
under  oath. 

Sect.  9.  Be  it  further  enacted.  That  all  contracts   heretofore* 
tir'med!'^  ^ '^°"'  entered  into  by  said  Fire  Insurance  Company,  shall  apply  to  • 
the  said  Marine  and  Fire  Insurance  Company,  as  fully,   to  all* 
intents  and  purposes,  as  they  would  have  done  to  said  Fire  luj 
surance  Company,  if  this  Act  had  never  been  passed. 

Sect.  10.  And  be  it  further  enacted,  That  all   the   provisions 

previous    pro-  ,  ,      .  .•'     ,  ,  i   •      .i  *     ^    .  l •"   u 

visions  recog-  and  regulations  contained  and  expressed  in  the  Act  to  which 
nized.  this  is  in  addition,  so  far  as  the  same  renders  the  stock   of  the* 

Fire  Insurance  Company  liable  to  attachment,  for  the  satisfac- 
tion of  debts,  and  for  preventing  dividends  in  case  the  said 
stock  shall  be  diminished  by  losses,  shall  have  the  same  force 
and  effect,  touching  the  stock  created  by  this  Act,  as  if  the 
same  provisions  and  regulations  were  repeated  and  re-enacted 
in  and  by  this  present  Act.  [Feb.  13. 1 799.]  Add.  act— -1805 
ch.  47:   1814  ch.  82. 


i^tiir^^ 


TO   THE 


FOURTH  VOLUME. 


ACADEMY, 

Aqueduct,  Cambridgeport, 

17. 

86 

Day's,  ^ 

33,  52,  58 

Franklin,  Andover  North  pa- 

B 

rish, 

196 

Banks, 

Friends',  New  Bedford 

403 

Bedford, 

441 

Middlesex,  Female,  Concord,    41 

Beverley, 

432 

Newburyport, 

110 

Boston, 

418 

Pittsfiield,  Female, 

62 

Dedham, 

544 

Phillips',  Andover,  addition- 

Gloucester, 

438 

al. 

111,  523 

Hampshire, 

498 

x\ccushnett   River,   New   Bedford, 

Lynn  Mechanics', 

552 

proprietors  on,  authorized  to  build 

Manufacturers'  and  Mechanics', 

527 

wharves. 

51 

Marblehead, 

435, 

521 

Annexation  to  the  towns  of 

Mechanics'  Newburyport 

446, 

489 

Amherst,                     333, 

386,  525 

Merchants',  Salem, 

366, 

376 

Athol, 

7 

Nantucket  Pacific, 

443 

Becket, 

269 

Newburyport, 

452 

Berkley, 

247 

New  England, 

494 

Berlin, 

3 

Northampton,  continued. 

487 

Boxford, 

191 

Phcenix,  Nantucket, 

426 

Brewster, 

346 

Plymouth,  old,  continued. 

399 

Charlestown, 

342 

Plymouth^  new. 

455 

Dorchester, 

518 

Salem, 

429 

Fitchburg, 

464 

Springfieldj 

511 

New  Marlborough, 

327 

State, 

370 

Northborough, 

3,  112 

Taunton, 

449 

Oxford, 

57,  200 

Union, 

424 

Princeton, 

251 

Worcester, 

421 

Provincetown, 

489 

Baptist  Seminary,  West  Springfield, 

377 

Ouincy, 

517 

Bartlett,  Samuel's  estate  to  be 

con- 

3I& 

Sandwich, 

323 

veyed, 

Tyringham, 

379 

Blanford,  School  district  fund 

esta- 

Upton, 

165 

lished, 

172 

Walpole, 

342,  346 

Boston, 

Whately, 

282 

Board  of  Health, 

1 

Aponegansett  River,  dam  across  au-         | 

Collection  of  taxes, 

178, 

357 

thorized, 

57,  199' 

Constables'  bonds. 

/ 

179 

VOL,  lY 


566 


INDEX. 


Boston, 

Gunpowder,  how  to  be  kept  by 

public  officers, 
Hackney  Carriages  regulated, 
Paving, 
Streets,  standing  of  Carriages 

in, 
Stables, 

Treasurer,  how  appointed. 
Ward  clerks  authorized, 
Asylum  for  indigent  boys. 
Broad  Street  Association,  376, 
Mill   Corporation,   division  of 

property. 
Pier  or  Long  Wharf, 
Boxford,  school  fund, 
Boylston  Market  Association, 
Boylstons'  charitable  donation,  Trus- 
tees may  bind  out  children, 
Braintree  Union  Meeting  House, 
Bridge, 

Belle  Isle  or  Hog  Island, 
Brighton  and  Cambridgeport, 
147, 
Canal,  76, 

Commercial    point,    Dorches- 
ter, 106, 
Connecticut  river,  toll, 
Danvers,  North  River, 
Deerfield  River, 
Dracut, 

Essex  Merrimack,  toll,  197, 
Hingham  and  Quincy,  169, 
Merrimack,  322,  405, 

Northfield,  174, 

Plumb  Island, 
South  River,  Salem, 
Springfield, 

Sunderland  and  Deerfield,  349, 
Wallomonumps, 
West  Boston,  76,  80, 


534 
560 
240 

240 
336 
502 
1 
537 
463 

232 

49 

202 

203 

544 

338 

103 

248 
136 

194 
532 
387 
396 
287 
516 
399 
516 
408 
5 
8 
193 
386 
490 
286 


Cambridge,  keeping  gunpowder  in,  246 
Canals, 

Boxford  Stile's  pond,  401 

Connecticut  River,  upper  locks 

and  canals,  toll,  382 

lower  locks  and  canals,  383 

Middlesex,  182,  239,  310,  471 J  472 

Causeway,  from  Quincy  to  Squan- 

tum,  207 

Chablestown, 

Securing  against  fire,  249 

.  Safe  keeping  of  gunpowder,  531 


Charlestown, 

Charity  fund,  jG 

Washington  Hall  Association,  503 
Charles  river,  and  Mill  Creek,  wa- 
ters how  regulated. 
Stop  River,  &c.  proprietors 
of  meadows   on,   further 
authorized, 
Cincinnati  incorporated, 
Clark  and  Nightingale's  Heirs,  par- 
tition confirmed. 


186 


218 
31 


D 

Danvers,  town  meetings, 
Dedham,  Wigwam  pond  meadows, 
Deerfield  meadows,  proprietors,  in- 
corporated, 
Deerfield  school  district  authorized, 
Dennis,  Nobscusset  point  Pier  com- 
pany, 
Duxbury,  inhabitants  authorized  to 
secure  Salter's  beach, 

E 

Edgartown  south  beach,  to  prevent 
damage  to. 

Engine  men  to  be  appointed  at 
Newton  and  Needham, 
Weymouth  and  Braintree, 

Exchange-Coflfee  House,  114,  151, 


94 


469 
118 

483 
61 

536 

149 


462 

466 

458 
267 
490 


Fishery, 

Acton,  6. 

Brewster,  520 

Charles  River,  649 

Chatham,  477 

Concord  River,  223 

Connecticut  River,  469 

Duxbury,  Mill  Brook,  337 

Harwich,  497,  520 

Hingham,  27 

Ipswich  River,  1,  333,  475 

Maiden,  smelt,  333 

Marshpee,  Q,uahaug,  497 

Massapaug  Ponds,  70 

Mattepoisett  River,  Rochester,  363 
Merrimack  River  and  Streams,  56 
402,  465 
Middleborough  and  Rochester,  217 
Newton,  Lower  falls,  364 

Parker  and   Falls   River,  22,  221 

470 


INDEX. 


567 


Fishery, 

Provincetown,  Lobster, 
Rochester, 
Salem  and  Danvers, 
Wellfleet, 
Westfield  River 
Folger  Charles,  doings  made  valid. 
Fresh  Pond  meadows,  proprietors 

authorized,  479,  504^ 

Front  Street  Corporation,   further^ 

provision, 
Fuller  and  Bemis,  Cotton  mill  and 
stock  exempted, 


418 
212 
100 
514 
535 
49 


28 


86 


G 


Green's  Harbour,  Marshfield,  59 

H 

Harwich,   meadows    and   beaches, 

211,  314 
Hull,  proprietors  of  Common  lands,  360 

I 

Incorporation  of  Towns  and  Districts, 

Berlin,  377 

Brighton,  70 

Easthampton,  232 

Fairhaven,  388 

Lee,  further  provision,  12 

Leyden,  198 

Loudon,  241 

Lynnfield,  552 

Millbury,  485 

North  Brookfield,  392 

Orange,  261 

Phillipston,  514 

Plainfield,  102 

Randolph,  further  provision,  358 
Seekonk,  '  390 

South  Reading,  389 

Tolland,  299 

Tyngsborough,  199 

West  Boylston,  128,  295 

West  Cambridge,  88 

India  Wharf,  proprietors   incorpo- 
rated, 151 
rNSURANCE  Companies, 

Beverley   Marine,    243,   294, 

340,  481 
Boston  Marine,  183 

Duxbury  Marine,  328 

Marblehead  Social,  233,  300,  339, 

484 
Massachuaette  Fire  and  Marine, 

7,  557,  563 


I«BUBANCE  Companies, 

Merrimack,  505 
Middlesex,  95 
Newburyport  Marine,  4 
Social  Salem,  142,  218,  542 
Union  Marine  and  Fire,  New- 
buryport, 81,  267 
Union  Marine,  Boston,  306 


Lechmere  Point  Corporation,  279 

Lee,  Hopland  School  District,  306 

Lincoln  Grammar  School  Fund,  312 

Lines  and  boundaries, 

Blanford  and  Chester,     197,  294 
Blanford  and  Russell,  197 

Chesterfield,     Goshen     and 

Williamsburgh,  252 

Conway,  Deertield  and  Whate- 

ly,  _  344 

Dana  and  Greenwich,  342 

Duxbury  and  Marshfield,        490 

LoTTERV, 

Amoskeag  Falls,  36,  145,  292,  547 

Dixvilie  Road,  299 

Hatfield  Bridge,  42,  71,  183 

Plymouth  Beach,  393,  409 

Union  Locks  and  Canals,  sale 

of  tickets  authorized,  556 

Loudon,  name  changed  to  Otis,  294 

Lynn,  Long  Wharf  Company,  123 

Mineral  Spring,  290 

Union  Wharf  Company,  272 

M 

Mansfield  Isaac,  inquests  made  valid,     13 

Manufacturing  Corporations, 

Adams  Cotton  and  Woollen,  218 
Adams  Glass,  407 

Adams  North  village  Cotton,  519 
Adams  South  village,  535 

Agawam  Cotton,  Woollen  and 

Linen,  260,  383 

Amesbury  Wool  and  Cotton  464 
Bellingham  Woollen  and  Cotton,  522 
Birmingham  Factory,  382 

Boston,  466 

Boston  Glass,  236 

Boston  Hat,  268 

Boston  Porcelain  and  Glass,  611 
Bridge  water,  491 

Bristol  Cotton,  376 

Cambridge  Port,  225,  481 

Central,  Seekonk,  488 

Cheshire  Glass,  231 


568 


INDEX. 


Manufacturing  Corporations, 

Danvers  Cotton, 

Dedham, 

Dorchester  Cotton  and  Iron, 

Duxbury, 

Eagle  Steel,  Canton, 

Falls  Cotton,  Attleborough, 
-Fitchburgh  Cotton, 

Framingham, 

Franklin, 

Franklin  Glass, 

Gay  Cotton,  Stoughton, 

Hampden  Cotton, 

Hampshire  Lead, 

Hampshire  Leather, 

Hingham  Woollen, 

Holden  Cotton  and  Wool, 

Holliston  Cotton  and  Woollen, 

Hoosack  Cotton,  Woollen  and 
Linen, 

Hopkinton  Cotton, 

Hopkinton    and    Framingham 
Cotton, 

Housatonuck,  Pitlsfield, 

Kingston  Cotton  and  Woollen, 

Jones  River, 

Lenox  Cotton,  Woollen  and  Lin- 
en, 

Linum  and  Duck, 

Linum  Spinner, 

Lynn  Wire, 
Magnesia, 
Maiden  Nail, 
Mansfield  Cotton, 
Marshlield  Cotton  and  Wool, 
Massachusetts  File, 
Massachusetts  Salt  Work, 
Matfield,  Bridge  water, 
Medford  Wire, 
Medway  Cotton, 
Merino  Wool,  Dudley, 
Middletield  Free  Stone, 
Neponset  Cotton, 
New  Market,  Middleborough, 
Newton  Wire, 

Norfolk  Cotton,  Dedham,  100, 
Northampton  Cotton  and  Wool- 
len, 
Northborough, 
Orange  Cotton, 
Pahncrs  Rivor,  Rehoboth, 
Pawt'jcket, 

Pembroke  Cotton  and  Woollen, 
Pembroke  second   Cotton   and 
\Yoollcn, 


Manufacturing  Corporations, 

281 

Pittsfield  Woollen  and  Cotton, 

514 

217, 

530 

339 

Plymouth  Cotton, 

232 

465 

Plymouth  Woollen  and  Cotton, 

530 

471 

Plympton  Cotton, 

473 

464 

Plympton  Wool, 

528 

116 

Royalston  Cotton  and  Wool, 

472 

463 

Salem  Iron, 

302 

491 

Sharon  Cotton, 

303 

377 

Stony  Brook,  Wrentham, 

540 

510 

Sturbridge, 

458 

505 

Sutton    and   Charlton  Cotton, 

410 

Woollen  and  Linen, 

336 

238 

Swanzey  Union, 

524 

459 

Troy  Cotton  and  Woollen, 

534 

341 

Union  Walpole, 

485 

488 

Village  Cotton,  Wool  and  Lin- 

en, Dudley, 

406 

219 

Wallomopogge,  Wrentham, 

524 

361 

Walpole, 

540 

Waltham  Cotton  and  Wool, 

462 

364 

Ware  Mining, 

325 

396 

Watertown  Woollen, 

641 

311 

West  BoylstoD, 

509 

459 

Westfield, 

405 

Wrentham, 

406 

220 

Marblehead     Marine     Society,    to 

537 

erect  land  marks. 

74 

520 

Marshpee,  parsonage  established 

493 

518 

Mattakesset  Creeks,  proprietors  of. 

314 

460 

Mechanic  Association,  Massachusetts 

269 

Charitable,                                21, 

552 

522 

Merrimack  Boating  Company, 

344 

348 

Mills  on  Charles  River,  proprietors, 

509 

meetings  how  notified, 

186 

215 

Mills  on  Mill  Creek  and-  Neponset 

519 

River, 

226 

487 

Ministerial  Fund?, 

220 

Andover  North  Parish, 

168 

379 

Andover  South  Parish, 

252 

203 

Berkley, 

481 

520 

Brewster, 

331 

480 

Byfield, 

398 

390 

Concord, 

400 

39G 

Deerfield, 

58 

Groton,  Sawtell  Donation, 

327 

296 

Maiden, 

125 

526 

Marlborough,  Second  Parish, 

410 

296 

Natick, 

414 

43G 

Rehoboth, 

479 

470 

Springfield, 

19 

519 

Templeton, 

313 

Watertown, 

383 

515 

WobuT-n, 

25p 

INDEX. 


569 


N 

Names  altered,    40,41,48,75,76,  109, 

110,  175,  176,   196,  196,  225,  239, 

286,  287,  296,  324,  348,  400,  417, 

460,  463,  474,  504,  543 

Newbury,  proprietors  of  salt-marsh 

on  Cart-creek,  incorporated,  90 

Newburyport  Athenaeum,  258 

Bathing  House,  92 

damage   by   fire,  to  secure 

against,  340,  407 

appointment   of  Constables, 
and  collection  of  taxes,      352 


Parishes,  Precincts    and    religious   so- 
cieties, 
Abington  Union  Calvinistic,        133 
Abington  third  Congregational,  467 
Amesbury  first  Baptist,  315 

Ashby  and  Fitchburg,  first  Bap- 
tist, 297 
Attleborough  second  Congrega- 
tional, 71 
Barnstable  and  Yarmouth  Bap- 
tist,                                           200 
Becket  proprietors  in  Meeting 
house,  in  the  first  Congrega- 
tional Society,                           187 
Bedford  Precinct,                          142 
Bellingham  first  Baptist,             307 
Bernardston  first  Baptist,              164 
Bethlehem  and  Loudon  united 

Congrega'ional,  64 

Beverley  third  Congregational, 

annexation  to,  191 

Boston  first  Universalist,  25 

Boston  HoUis  Street,  223 

Boston  Methodist,  213 

Boston  New  South,  assesments,  550 
Box  ford  second,  annexation  to,  295 
Boylston  first  precinct,  setting 

off  from,  5 

Boylston,  Sterling  and  Holden 

second  pi'ecinct,  annexation  to,  5 
Bridgewater,  east  parish,  an- 
nexation to,  492 
Bridgewater  north  parish  an- 
nexation to,  562 
Byfield,    Newbury   and  Brad- 
ford, parish  lines,                    230 
Cambridge-port  Meeting  House,  103 
Cambridge-port  parish.  146 


Parishes,   Precincts  and  Religious  So- 
cieties, 
Carver  first  Baptist,  355 

Charlestown  first  Universalist,  326 
Charlestown  first  parish,  391 

Charlton  second  religious,  164 

Chester,  Baptist  and  Indepen- 
dent, 322 
Danvers  north  parish,  annex- 
ation to,  25 
Danvers  north  parish,  certain 
lands,  exempted  from  taxa- 
tion, 89 
Dorchester  second  parish,          106 
Douglas  Congregational,  10 
Easton  Congregational,               272 
Egremont  Baptist,                        184 
Falmouth   and    Sandwich   Me- 
thodist,                                      334 
Fitchburgh  second  society,  an- 
nexation to,                               153 
Fitchburgh  parishes  united,         510 
Framingham  first  Baptist,            416 
Gloucester  Baptist,                      358 
Greenfield  St.  James,  Protes- 
tant Episcopal,                         494 
Harwich  first  Methodist,             210 
Hingham  third  Congregational,    63 
Hingham  new  north  Meetuig 

house,  86 

Lenox    Protestant    Episcopal, 

persons  annexed,  113 

Lenox  Methodist  Episcopal,        355 
Lynn  Eastern  Methodist,  475 

Marlborough  second  parish,        135 
Medfield  first  Baptist,  354 

Methuen  second  parish,  98 

Middle  borough  Titiquot  parish, 

annexation,  298 

Nantucket    second   Congrega- 
tional Meeting  house.  300 
Nantucketfirst Congregational,  310 
Newbury,  new  Meeting  house, 

High  Street,  154 

Newbury  new  Meeting  house, 

fourth  parish,  216 

Newbury    and   Newburyport, 

Baptist,  323,  380 

Newburyport  proprietors  of 
Meetinghouse  of  first  Baptist 
Society,  156 

Newton  St.  Mary^s  Episcopal,    501 
Pittsfield,  Hancock,  Dalton  and 

Washington  Methodist,  179 

Pittsfield,  annexation  to,  397 


570 


INDEX. 


Parishes,  Precincts    and  Religious  So- 
cieties, 
Plymouth  second  precinct,  261 

Provincetown  Methodist  Epis- 
copal, ^  362 
Quincy  Christ's  Church,  525 
Reading  second  parish,  annex- 
ation to,  504 
Rowley  first  Baptist,  343 
Roxbury  third  parish,  annexa- 
tion to,  52,  390,  477 
Royalston  Baptist,  121 
Salem  Baptist,  29 
Salem  St.  Peter's  Church,  298,  473 
Salem  first  Universalist,  395 
Salisbury  first  Methodist,  347 
Salisbury  first  Baptist,  380 
Salisbury  first  Universal,  387 
Sandwich  Calvinistic,  548 
St.  Andrews  Episcopal,  Hano- 
ver, 317 
Savoy  first  Congregational,  306 
Scituate  first  Universalist,  408 
Sheffield  Episcopal,  533 
Sutton  north  parish,  annexation 

to,  333 

Tisbury  Baptist,  122 

Tyringham  first  Congregation- 
al, 228 
Warwick  Universalist,  541 
West  Boston  Society,  13 
West  Stockbridge  first  Baptist, 

annexation  to,  132,  357 

West  Springfield  second  parish, 

annexation  to,  500 

Weymouth  and  Braintree  Un- 
ion, 308 
Williamstown  Meeting  house,      24 
Windsor  Baptist,  60 
Woburn  first  Baptist,                   350 
Partrigefield,  name  changed  to  Pe- 
ru,                                                      50 
Plumb  Island,  cattle  restrained,             23 
Plymouth,  Board  of  Health,               262 
Pond  Street  Corporation,             26,  182 
Prison  Point  Dam  Corporation,  44,  565 
Protestant  Episcopal  Donations,  277  304 

Quincy  Town  River,  dam  authorized,  47 

R 

Rocky  Pond,  use  of  waters  author- 
ized, G9 


S 

Salem  Athenaeum,  283 

Derby  Wharf  Corporation,         270 
India  Wharf  Corporation,  236 

Union  Street  Corporation,  188 

Union  Wharf,  166,  287 

Sandy  Bay  Pier  Company,  319 

Society,  American  Antiquarian,         461 
American   Board   of  Commis- 
sioners for  foreign  Missions,  413 
Baptist  Missionary,  140 

Berkshire  Agricultural,  316 

Beverley  Charitable,  209 

Boston  Marine,  198 

Charitable  Irish,  198 

Christian  Monitor,  401 

Name  changed  to  the  Socie- 
ty  for  promoting  christian 
knowledge,  piety   and  cha- 
rity, 460 
Evangelical  Missionary,  550 
Franklin    Mechanic,    Marble- 
head,                                       241 
Massachusetts  Bible,                    248 
Massachusetts,    for   promoting 

christian  knowledge,  67 

Massachusetts  Missionary,  131 

Massachusetts,  for  encourage- 
ment of  useful  inventions,      206 
Massachusetts  Emigrant,  559 

Merrimack  Bible,  266 

Newburyport  Mechanic,  282 

Religious  Charitable,  Worces- 
ter, 516 
Salem  Bible,                                 320 
Springfield,  common  field,  50 
Springfield  school  funds,                       274 
Suffolk,  justices  C.  C.  P.  authorized 
to  purchase  land  for  a  courthouse,  269 


Taunton  Great  River,  dam  author- 
ized, 492 
Theological  Institution,  Andover,  523 
Truro  Pond  Harbour  Corporation,  53 
Turnpike, 

Alford  and  Egremont,  31 

allowed  further  time,  303 

to  erect  a  gate,  364 

Alford  and  West  Stockbrige,  119 

Andover  and  Medford,  76 

Ashby  2 
Belchertown  and  Greenwich, 

103,  169 


INDEX. 


571 


Turnpike, 

Bethlehem  and  Tyringham,  104 
Bluehill,  104 
Boston  Neck,  276 
Brookfield  and  Charlton,  177,  473 
Brush  Hill,  260 
Brush  Hill,  second,  38,  397 
Dalton  and  Middlefield,  120 
Dartmouth  and  New  Bedford,  170 
Douglas,  Sutton  and  Oxford,  185 
Essex,  32,  76,  212 
Granville,  242,  388 
Great  Barrington  and  Alford,  365 
Groton  and  Pepperell,  213 
Hartford  and  Dedham,  208,  466 
Hingham  and  Quincy,  159 
Housatonick  River,  11,  162,  315 
course  of,  confirmed,  206 
Hudson,  163 
Lancaster,  66 
Lancaster  and  BoltOD,  33 
Mashapog,  105 
Massachusetts  first,  492 
Massachusetts  fifth,  305 
Massachusetts  tenth,doings  con- 
firmed, 74 
Massachusetts  twelfth,  62 
Massachusetts  fourteenth,  11,  73, 
85,  1T6 
Massachusetts  fifteenth,  67,  380 
Massachusetts  sixteenth,  156,  319 
Medford,  163 
Middlesex,  46,  293,  335,  346  ! 
Middleborough  and  New  Bed-  ' 
ford,  171 


Turnpike, 

Nashua,  130,  183 

New  Bedford  and  Bridgewater, 

88,  190 
Newburyport,  171,  35t 

Norfolk  and  Bristol,  35 

Norton,  2 

Petersham  and  Monson,  103,  131 
Plumb  Island,  5 

Providence  and  Northampton,  176 
Sheffield  and  Great  Barrington,  92 
Sheffield  and  Tyringham,  114 

Stockbridge,  91 

Sturbridge  and  Western,  111 

Stoughton,  51,  341 

Taunton  and  South  Boston,  47 

Taunton  and  Dighton,  478 

Taunton  and  New  Bedford,  151 
Tyringham  and  Sandisfield,  303 
Union,  196,  292 

Westford  and  Lexington,  105 

Woburn  and  Dracut  Bridge,  287 
Worcester,  15,  191,  215 

Worcester  and  Stafford,  3,  240,  285 
Worcester  and  Sutton,  277 

Worcester    and     Fitzwilliam, 

300,  382 
Worcester  and  Leicester,  397 

Wrentham  and  Walpole,      37,  304 


Vinall  John,  punishment  remitted,      50