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

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acts repealed, and those which have expired by any limita-!- 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. 



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, annuall y. [March 3, 1806.] See 1819 chji54. 

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 pros ecuting 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— 1 811 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. 1 4, 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— 18 16 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