(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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



> ^^ji* 















3-5 :: 
:>3 : 



3:> ^^^ 
► . z> i> ^ 



m 

3 >>• ^ 



:^«>z:i^ r^ 


















^m> 



^^ 















3; 


J> 


.J>' 


,j> 


3 


> 


3 


,> 


-> 


o> 


_^-^ 


"" — 


2>> 

5>^ 


^ 



V3>5^ 









3 3 

;3:3 

3^3 






3r:> :>:§>z> 















^'-''A^^^:^r\ 



m^m^^ 



mafBfasaaaa^umMiJwmjJi 



^k^^^MM 









idrK^^ 



rnmdMmjJjJSBmSSmSa 



A' Ir^r^'! .11 



:^'^'Z^'^m^B 












0(! 'a'- A'' 



^^A 



'A^^'^'A''A''^-^fe 



-^^">aA^,^, 



"^^r.^(^^^,>^A 






W^W^A^AWW^^^AA^^ 















^c^^!^C\r\A 



^/S'S^on'C'':^' 



:\^''^'\'A 



m^^'s 


















■'> .-'.^ rv ,;/'(AiR,(:^''^ AA 



w'mm^r. 






-^^M:: 



-.aO'T^O-^.a .-. 



^^■^^mmm^'^'^'^^e^ 



,!AA/^^^AA«fl/^AA''^A' 



^oao^oa.;^^xR^^^^aA, 



'^A/SA/ 



M^uunssi 






^paA^iA/^ii; 



^r\A,/^/.^^ 






''AA,'^.,A0,' 



/^aaAa«.'o'^' 



A - /^ A A/>.' A ^ ,> a'. 'P 



LAWS 



OF THE 



Comiuon^ealtlj of cl^a^,^ac|)u.^ett^, 



PASSED AT 



THE SEVERAL SESSIONS OF THE GENERAL COURT 



HOLDEN IX BOSTOX. 



BEGINNING 3Jst IMAY, 1809, AND ENDING ON THE 29th FEBRUARY, 1812. 



Published agreeablv to Resolves passed 20th Jamiarv, 1808, and 
16th January, 1312. 




VOL. V. 



BOSTON: 

PRINTED BY ADAMS, RHOADES, £c CO. 



1812. 



COMMONWEALTH OF MASSACHUSETTS. 



Secretary's office, 12th May 1812. 
I hereby certify that, agreeably to the direction of the Legislature expressed in 
their resolve of the 16th January last, I have carefully examined and collated 
that part of the printed copies of the Laws, comprising the fifth volume, included 
within the gOth May, 1810, and 1st March, 1812, with the original acts passed by 
the General Court, and find them correct. 

Attest, BENJAMIN HOMANS, 

Secretary of the Commonwealth. 



LAWS 



PASSED AT THE SESSION, COMMENCED ON THE 
THIRTY-FIRST OF MAY, 

ONE THOUSAND EIGHT HUNDRED AND NINE, 



CHAP. I. 

An-Ad incorporating the Firfl Congregational Society in 
the town of Tyrringham. 

Sect. i. XjE it enabled by the Senate and Houfe of 
Reprefentatives in General Court ajfembled^ and by the au- 
thority of the fame. That Adonijah Bidwell, Azariah Perfons mcor- 
Orton, Eli Picket, John Rewce, John Jackfon, then- P"*"'^*^' 
ezer Jackfon, Ebenezer Chadwick, Benjamin Griffin, 
Ebenezer Rewce, John Heath, Elifha Taylor, AWan Tay- 
lor, Lyftra Taylor, Llijan Fowler, Zadock Rewce, Jo- 
fiah Brewer, jun. Rofwell Richards, Miller Peck, Ben- 
jamin Warren, jun Ifaac Brewer, Jonas Brewer, Jofeph 
Chapin, Jofiah Hale, Nathan Hale, Lemuel Townfliend, 
Jofiah Brewer, Daniel Brewer, Nathan Merriam, Jofliua 
Brewer, John Brewer, John Langdon, Amafa Curtis, 
Darius Stebbens, Charles Jackfon, Jeffe Langdon, Zebi- 
na Curtis, Salathiel Hale, Ifaac Harmon, Noah Allen, Ab- 
igail Hale, Amafa Curtis, jun. Thankful Brewer, Amos 
Langdon, Mofes Bradley, Jofeph Avery, EUlha Gar- 
field, Daniel Garfield, Sanford Gleafon, Manafleh Fair- 
banks, Stephen Brookins, Penuel Hobbs, Samuel Town- . 
Ihend, Afa Bigelow, Samuel Tibbals, John Bentley, 
Jedidiah Chapin, and Elijah Walter, be, and hereby are 
incorporated into a Society, by the name of The Firft 
Congregational Society, in the town of Tyrringham, 
fubjed to the duties and obligations herein after men- 
tioned, and vefted with the powers, privileges and im- 
munities hereinafter fpecified, and all others which are 
common to other religious focieties. 

A Sect. 



2 TYRRlNGHx^M SOCIETY. June i6, An. 1809. 

Corporatron Sect. 2. Be it further enabled, That the fald Corpo- 

empowered to ration may take and hold real and perfonal eftate, not 
^^' exceeding at any time the value of Ten Thoufand Dol- 
lars in the whole, the income of which (hall be applied 
to the fupport of a Congregational Teacher of piety, re- 
ligion and morality, inthe fouth part offaidtown of Tyr- 
ringham, forever ; and if it fhall be more than fufficient 
for that purpofe, the furplus fhall be applicable to re- 
pairs of their meeting houfe, or fuch other pious ufes as 
the faid fociety fhall direft, but the Truftees thereof 
fhall not receive any compenfation, to be paid out of faid 
fund for their fervlces. 

Sect. 3. Be it further enaSled, That the faid fociety 

Clerk &Treaf- may at their fir ft meeting, to be called in the manner 
hereinafter provided for, and at their annual meeting to 
be holden on the firft Monday of January, every year, 

Tobefwsrn. appoint a Clerk and a Treafurer, to be fworn to a faith- 
ful difcharge of the duties of their refpeftive offices, and 

Truflees* any number of Truftees not exceeding feven, whofe duty 
"it fha;ll be to manage the fund, and the prudential con- 
cerns of faid Society ; and it fhall be the duty of the Trea- 
furer to profecute or defend any adion in the name and 
■behalf of faid Society ; and at any future meeting, law- 
fully called and warned for that purpofe, the faid foci- 
ety may difmifs any of their faid dfficers and fupply a- 
ny vacancy, occafioned by fuch difmiflfal, or by death, 
or otherwife, and ma,y alfo appoint any other officers 
which they fhall judge necelTary or proper to effeduate 
the puf^pofes of their incorporation. 

Powers of the Sect. 4. Be it further enaded, That the faid fociety 

Corporation, bg^ and hereby ate empowered, to recover and receive 
the fuKis of money refpediveiy fubfcribed for the ufe df 
faid fociety, before this acl of incorporation, by the fev- 
eral perfons hereby incorporated, according to the terms 
of the fubfcription, and to take fecurity, either real or 
perfonal, for the fame, conditioned that if the intereft be 
'paid annually on or before the firft Monday of January 
every year, the principal fliall not be called for within 
■fifteen years, except at the requeft of a furety, or when in 
'the judgment of the Truftees the fecurity fhall be infuf- 
ficient, in which cafes the principal may be demanded 
and collefted at any time ; and the principal as well as 
intereft fliall be received whenever tendered to the i rea- 
furer of faid Society. Sect. 



CALAIS. June 16, An. 1809. 3 

Sect. 5. E^ it further enaded. That the fuid fociety 
may obtain and receive further fubfcriptions and dona- 
tions, provided their whole fund fliall not exceed the a- 
forefaid amount of Ten Thoufand Dollars, and may by 
vote admit other fubfcribers and the heirs of fubfcribers 
to be members of the faid fociety. 

Sect* 6. Be it further enabled. That each member of 
the faid Society, and no other perfon, (hall be entitled to . 
vote in their meetings. 

Sect. 7. Be it further ena&ed. That any three of the Three perfons 
perfons, hereby incorporated, may call a meeting of the J^^y "'^ °^^"' 
laid Society, to be holden at fuch time within three 
months, and at fuch place within faid town of Tyrring- 
ham, as they may judge mofl convenient, by porting up 
notifications of the time, place and purpofes of faid meet- 
ing, in two or more publick places in faid town, fourteen 
days at lead before the time of holding the fame, at 
which meeting the faid fociety may eftabliili the mode of 
calling and warning future meetings. 

Sect. 8. Be it further ena^ed. That the books of rec- Records fubje<«t 
ord and of account of the faid fociety, fhall be laid before Se'icgSurf 
them at their meetings on the firfl Monday of January 
annually, by the Clerk and Treafurer, and fhall at all 
times be open to the infpeclion of the Legiflature, or any 
Committee appointed for that purpofe by the Legiflature, 
as well as of the Truftees or Committee of faid Society. 
[This a£t pafled June 16, 1809.] 



CHAP. n. 

An AiSl to incorporate the Plantation numbered Five, in 
the County of Wafliington, into a Town by the name of 
Calais. 

Sect. i. jlJY. it ena^ed by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
thority of the fame. That the townftiip numbered Five, 
bounding on Schoodick river in the County of Wafliing- 
ton, as defcribed within the following bounds, be and 
hereby is incorporated and eftabliftied as a town by the 
name of Calais, viz. — Beginning at a fpruce tree, and Bouodariej. 
heap of ftones, being the north-eafl: corner of townfliip 

number 



4 CALAIS. June i6, An. 1S09.; 

number four, (landing on the weftern fhore of Schoodick 
river, or St. Andrews Bc.y, thence fouth feventy de- 
grees weft, five miles and two hundred and feventy-one 
rods, to a cedar ftump and ftones, being the cofner of 
four townfhips, viz. number three, number four, and 
number fix, thence north twenty degrees weft, five 
miles and one hundred and four rods to a ftake and 
ftones on the foutherly bank of Schoodick river, thence 
extending the fame courfe into the middle of the river, 
thence by a line drawn on the middle of Schoodick river, 
(being the line between the Diftrid of iVlaine, and the 
Province of New Brunfwick.) and down the faid river in- 
to St. Andrews, or Schoodick bay, oppofite the DeviTs 
Head (fo called,) thence f inrherly by the weftern fiiore 
of v^choodick bay to the firft mentioned bound, accord- 
ing to a plan of the furvey of the faid townfliip made by 
Kufus Putnam and Park Holland, in the year feven- 
teen hundred and eighty-four, and now remaining in 
the Land Office of this Commonwealth. And the faid 
town of Calais is hereby vefted with all the corporate 
powers and privileges, and fubjedtd to the like duties 
and requifitions of other towns, according to the Con- 
ftitution and Laws of this Commonwealth. 
. Sect. 2. Be it further enaded. That either of the 

chokrof town Juftices of the Peace for the County of Waftiington be, 
officers. and he is hereby authorized to iflue his warrant, direct- 

ed to fome inhabitant of the faid town of Calais, requir- 
ing him to notify and warn the inhabitants thereof, to 
meet at fuch convenient time and place as fliallbe appoint- 
ed in the faid warrant, for the choice of fuch officers, as 
towns are by Law empowered and required to choofe at 
their annual town meetings. 

1^1 his ad pafl'ed June i6, 1809.] 



CHAP. 



BYFIELD AND NEWBURY. June i6. An. 1809. ^ 

CHAP. III. 

An Aci: to eftablifh the dividing line between the Parifh of 
Byfield on one part, and the firft and third Parifties in 
Newbury, and the Eaft Parifh in Bradford, on the oth- 
er part. 

Sect. i. IjY. it enaBed by the Senate and Houfe of 
Reprefentati'oes in General Court ajfembled, and by the au- 
thority of the fame. That from and after the palling this Boundaries de- 
aft, that the following boundaries according to their 
courfes fhall conftitute, and are hereby eftablifhed, as the 
dividing line between the Parifh of Byfield on one part, 
and the firfl and third Parifhes in Newbury, and the 
eaft Parifh in Bradford on the other part, viz. beginning 
at the Sound tree, between Bradford and Rowley, by the 
fecond Parifh in faid Rowley, thence north eighty four 
degrees eafl, thirty eight rods and eighteen links, thence 
eaft fifty one rods, thence north fixty five degrees 
eaft, one hundred and fifty rods, thence north feventy 
eight degrees eaft, one hundred and eight rods, thence 
north forty five degrees weft, one hundred and forty 
three rods to Beaver Brook (fo called) by the bounds of 
the third parifti in Newbury aforefaid ; thence north 
thirty fix degrees eaft, one hundred and fixty fix rods, 
by faid third parifli in Newbury to the road leading from 
Crane Neck (fo called) to Pearfon*s mills in Byfield, 
thence thecourfe of faid road fouth feventeen degrees eaft, 
forty rods, thence continuing on faid road north eighty 
three degrees eaft, twenty one rods, thence fouth thirty 
feven degrees eaft, on faid road twenty fix rods to land 
ofAmosDoleon the eafterly fide of faid road, thence 
fouth feventy five degrees eaft, fixty four roads to the 
corner of Deacon Jofeph Hale*s wood lot, thence fouth 
forty five degrees eaft on the eafterly fide of faid Hale's 
wood lot,eighty fix rods, and feventeen links, thence fouth 
feventy two degrees Eaft, one hundred and five rods and 
ten links, to the road near Lunt's Corner (fo called) 
thence fouth thirty four degrees eaft, acrofs faid road 
three rods and fifteen links to the beginning of a 
drift way, thence north fifty fix degrees eaft, on the 
foutherly fide of faid way, one hundred and twenty-fix 

rods, 



BtFlELD ANt) NEWBURY. June i6. An. 1809. 

rods and nine links to the northeafterly corner of Land 
belonging to the heirs of William Moody ; thence fouth, 
thirty-eight degrees eaft, twenty-fix rods and eight links, 
thence fouth feventy degrees eaft, forty five rods and 
nine links to the foutherly fide of a drift way at the 
northerly corner of John Turner*s land, thence fouth 
feventy degrees eaft, thirty five rods, and fixteen links 
to the Sewall farm (fo called) ; thence north feventy three 
degrees eaft, fifty four rods to the fouthweft corner of 
faw-mill pafture (fo called) thence north, feventy nine 
degrees eaft, feventy feven rods, and feven links, thence 
north two degrees weft, fifteen rods and fourteen links ; 
thence north feventy one degrees eaft, forty rods ; 
thence fouth thirty nine degrees eaft, twenty rods 
and feventeen links ; thence eaft one hundred and 
feventeen rods to Rattle Snake Rock, (fo called) ; 
thence north fixty fix degrees eaft, one hundred and 
feventeen rods to John Noyes*s farm ; thence north 
eighty four degrees eaft, twelve rods and twenty two 
links ; thence fouth twenty fix degrees eaft, feven- 
ty two rods ; thence fouth thirty feven degrees eaft, 
fifty fix rods to the fouth fide of the high way j 
thence the fame courfe, three rods to a large rock 
in George Adams's pafture ; thence fouth one degree 
eaft, fixty eight rods, thence fouth thirty degrees weft, 
feven rods to a rocky point of upland, thence fouth 
twenty eight rods to the river Parker, at the dividing 
line between land of John Noyes and George Adams ; 
thence on the fame courfe acrofs faid river, and down the 
fame on the foutherly fide to the mouth of Rowley river 
at Oyfter Point (fo called) j thence up faid Rowley river 
to Rowley line where it meets the dividing line between 
the firft parilh in faid Rowley, and the faid Parifh of 
Byfield as formerly eftabliflied by law. 

[This adpafled J«K^ 16, 1809.] 



CHAP. 



COURTS, hfc, June %6, ;dn. 1809. 

CHAP. IV. 

An A£t IB addition to an ad, entitled " an act determi- 
ning the places of holding the Courts of Probate in the 
County of 'Hampftiire, and repealing all laws heretofore 
made on that fubjeft,** paffed on the firft day of March, 
.in the year of our Lord one thoufand eight hundred and 
.eight. 

Sect. i. X3e it enaBed by the Senate and Jioufe of 
Heprefentati'ues in ^General Court ajfembled, and by the au- 
thority of the fame. That from and after the paifing of this 
ad, there fhall be holden within and for the County of 
Hampfliirein each year, a court of Probate, at the places 
hereafter mentioned, any thing in the aft to which this 
is in addition, to the contrary notwithftanding, that is to 
fay, at Springfield three times, at Weftfield three times, 
at Monfon twice, at Amherfl three times, at New Salem 
twice, at Charlemont twice, at Chefterfield twice, and at 
Northampton and Greenfield alternately at leaft once in 
each month, at fuch times and at fuch places in faid 
.towns, as the Judge of Probate for the fame County fhall 
.fromitime to time appoint. 

[Thisaft pafled June ajS, 18Q9.3 



CHAP. V. 

An ,A6: empowering the. Court of Seffions for the County 
df Wafhington to cred a Gaol in the tpwii of ,Eaft- 
.port. 

Sect. i. OE it enaSfed by the Senate and Houfe of 
Reprefentatives in Ge7ierai Court affembkd, and by the au- 
thority. 6f the fame ^ That the Juftices of. the Court of Sef- Coun of Sef. 
Tions, for the County of Wafliington, (hall from time to fions may aflefs 
time affefs the pollsandeftates within the faid County, in ^° *^° ^ ^^^'' 
;fuch fumsas may be necetlary to ered and keep in repair 
a good and fufficient.Gaolin the town of Eaftport in faid 
iCounty, andeftablifhithe place inTaid town, where faid 
:Gaol (hall (land, and to direft and order the building and 
repairing faid Gaol according to their difcretion, Provi- 
ded, 



8 



CHESHIRE GLASS MANUFAC. 'June 16, An. 1809. 



pi-ovifo. ^^^9 f^j<i Court of Seflions ihall^not affefs any greater fum 

of money to defray the charges of ere<^ing and keeping faid 
Gaol in repair, than they fhall be authorized by the Gen- 
eral Court to aifefs. 

Sect. 2. Be it further enabled. That faid Gaol, when 
fo ereded as aforefaid, fhall be one of the common Gaols 

Sheriff may re- for the faid County of Wafliington, and the Sheriff of 

moveprifoners. f^id Couuty, by his Deputy, or otherwife, may remove 
criminals for trials from one of the Gaols in faid Coun- 
ty to the other at his difcretion, without Habeas Corpus, 
or any order from any of the Courts held in that County, 

Provifo. Provided, faid criminals are not alfo committed on 

mefne procefs or execution. 

|[This acb pafTed June 16, 1809.] 



Pferfons iucor- 
porated. 



CHAP. VI. 

An A£t to incorporate certain perfons by the name of The 
Chefhire Glafs Manufa£tory. 

Sect. i. XJE // enabled by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
thority of the fame. That Nathan Wood, George Clark, 
Selah Root, Amos Pettibone, Benjamin Whipple, Ste- 
phen Whipple, Samuel Whipple, Eddy Mafon, Brooks 
Mafon, Benjamin Clark, Warren Southworth, Jeffe Hix, 
Jofeph Stephens, jun. Jonathan Pettibone, Jeffe Mafon, 
jun. Philo Pettibone, Frederick Noble, Truman Turrill, 
Thomas Hix, Samuel Bacon, Nathaniel Kent, WilHam 
Millen, Ephraim Farrington, Mofes Wolcott, Joel Red- 
way, Jonathan Fifh, jun. Calvin Fifh, Daniel Coman, 
JohnBennet, limothy Sanders, Elifha Mowry, Elifha 
Clapp, Emerfon Brown, Timothy Noble, Martin Gue- 
lian, Ebenezer Buck, John I'urril, David Buck, Timothy 
Whitney, Silas Bagg, Hezekiah Mafon, John Welles, 
Elifha Welles, John Welles, jun. Charles Welles, Elifha 
Tibbits, George Tibbits, lownfhend M*Cown, Calvin 
Hall, John Leland, jun. Daniel Brown, Darius Brown, 
John Brown, Jofeph Bucklin, William Machera, Daniel 
Barker, Ezra Barker, William Henry Smith, Heathcoat 
Hart, and John Hart, with fuch others as already have 

or 



THIRTY MILE STRIP. Jime i6, 1S09. 9 

or hereafter may aflbciate with them, their fucceffors or 
affigns, be and hereby are made a corporation, by the 
name of The Cheftiire Glafs Manufadory, for the purpofe 
of manufaduring Glafs in the town of Chefhire, and for 
that purpofe fhall have all the powers and privileges, and 
be fubjeft to all the duties and requirements contained in 
an a6i paffed the third day of March laft pad, entitled, 
*' An aft defining the general powers and duties of Man- 
faduring Corporations.'* 

Sect. 2. Be it further enaSled, That faid Corporation Empowered to 
may be lawfully feized and poifefled of fuch real eftate 
not exceeding fifty thoufand dollars, and fuch perfonal 
eftate not exceeding two hundred thoufand dollars in 
value, as may be neceffary and convenient for carrying 
on the manufadure of Glafs in the faid town of Chefh- 
ire. 

[This ad paffed JuneiG^ 1809.] 



CHAP. VII. 

An Ad annexing a gore of land commonly known by the 
name of the fnirty Mile Strip, in the County of Ken- 
nebeck, to the town of Readfield in faid County. 

J3E it enabled by the S€nate and Houfe of 
Reprefentatives in General Court affembled^ and by the wu- 
thorityofthefame, that the following defcribed ftrip of 
land, called Ihirty mile ftrip, together with the inhabit- 
ants thereon, be and hereby are annexed to, and made 
a part of, the town of Readfield, viz. — Beginning at the 
northwefl corner of the faid town of Readfield, thence 
wefterly on the foutherly line of the town of Mountver- 
non, to the eafterly line of the town of Fayette, thence 
foutherly on the eafterly line of the faid town of Fayette 
to the town of Wayne,thence eafterly on the northerly line 
of faid town of Wayne, to the town of Readfield, thence 
northerly on the wefterly line of faid town of Readfield 
to the firft mentioned bounds. And the faid inhabitants, 
hereby annexed to the townof Readfield, fliall be entitled 
to all the privileges, and fubjed to the fame duties and re- 
quifitioas,as theother inhabitants of faid town, according 
B to 



Boundaries. 



I ft KENNEBUNK PIER, Isfc. June 16, An. 1809. 

to the conftitution and laws of this Commonwealth, and 
in as ample a manner as if they had been originally a part 
of faid town of Readfield. 

[This a£t palTed June 16, 1809.] 

CHAP. VIIL 

An Adl for further extending the provifions of an ad in- 
corporating the Proprietors of the Kennebunk Pier, paf- 
fed in the year of our Lord, one thoufand feven hun- 
dred and ninety eight. 

VV HE RE AS faid aft of incorporation 

Preamble was to continuc in force for and during the term of ten 

years, and the faid period has elapfed, and the proprietors 

aforefaid have petitioned for a further extenfion of faid 

term : Therefore, 

BE it enaSle'd by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
Provifions of a thortty ofthefame^ That the faid ad: be and hereby is ex- 
tendS^*^ '^^' ^e^d^d and continued to the faid proprietors, with all its 
privileges and provifions, for and during the further term 
of ten years, to be computed from the period of its ex- 
piration. 

[This ad pafled June 16, 1809.] 



CHAP. IX. 

An Ad to incorporate William Davis and others, by the 
name of The Plymouth Cotton Manufadory. 

Sect. i. J3E // enabled by the Senate and Houfe of 
Reprefentatives in General Court affembled^ and by the au- 
Perfons Incor- thority of the fame ^ That William Davis, Samuel Spear 
porated. ^^^ Nathaniel Ruffell, with fuch others as already have, 

or hereafter may affociate with them, their fucceilbrs or 
afligns, be and hereby are made a Coporation, by the 
name of The Plymouth Cotton Manufactory^ for the purpofe 
of manufaduring cotton and woollen in the town of Ply- 
mouth, and for that purpofe Ihall have all the powers and 

privileges, 



BOARD OF HEALTH, ^c. June 16, An. 1809: ii 

privileges, and be fubjeft to all the duties and require- 
ments, contained in an aQ: paffed the third day of March 
laft, entitled An ad defining the general powers and duties 
of Manufacturing Corporations. 

Sect. 2. Be it further ena6led^ That faid corporation Empowered to 
may be lawfully feized and pofTeffed of fuch real eftate ^oidreaieftate. 
not exceeding the value of fifty thoufand dollars, and fnch 
perfonal eftate not exceeding the value of one hundred 
thoufand dollars, as may be neceffary and convenient 
for carrying on the manufactory of cotton and woollen 
in the faid town of Plymouth. 

[This ad paffed yz/«(? 16, 1809.] 



CHAP. X. 

An Ad in further addition to an ad entitled, " An ad to 
entitle the town of Bofton to choofe a Board of Health, 
and for removing and preventing nuifances.** 

J3£ it enabled by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
thority of the fame^ That the perfons who now are or may Boardof Health 
be appointed Members of the Board of Health, for the Sy'^du'r 
town of Bofton, in purfuance of the ad to which this 
is an addition, fhall be and hereby are exempted from 
common and ordinary military duty, during the time they 
continue to be members of the board aforefaid. 
[This ad paffed June 16, 18 09. J 



CHAR XI. 

An ad to incorporate the Diftrid of Eafthampton, in the 
County of Hampfhire, into a town by the name of Eaft- 
hampton. 

XjE // ena6led by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
thority of the fame. That the lands comprifed within Eafthamptojt 
the limits of the Diftrid of Eafthampton, as the fame incorporated, 
jare now bounded, with the inhabitants dwelling thereon- 

(excepting 



li BOSTON MILL CORPORATION. June 16, 1 805. 

(excepting Elijah Poraroy, Caleb Pomroy, Mofes Bart- 
Lett^ and Preferved Bartlett's heirs,) with the lands 
whereof they were feverally feized and pofl'effed in their 
own right on the fevententh day of June, Anno Domini 
feventeen hundred and eighty five, be, and they hereby 
are incorporated into a town by the name of Eafthampton^ 
and the faid town is hereby invefled with all the 
powers, privileges and immunities, to which towns 
within this Commonwealth, are or may be entitled agree- 
ably to the Conltitution and laws of the faid Common- 
wealth. 

[This ad palTed Jz/«^ 16, 1809.] 



CHAP. XIL 

An Ad to enable the Bofton Mill Corporation to divide 
their eftate among the Proprietors. 

Sect. i. XJE it emided by the Senate and Houfe of 
Reprefcntatives in General Court aj/embled, and by the au- 

fhomeTto dt ^^°^^^y ^f *^^ fi^^-> 1'hat the Boflon Mill Corporation 
vide their ef- fhall be and hereby are authorized at any meeting to be 
^*^®' called for that purpofe, from time to time, to agree upon 

any mode for effeding a fair, equal and convenient divi- 
fion or partition of their eftate, or any part thereof, 
by lot, fale at audion among the proprietors, or otherwife, 
and upon fuch terms and principles as they may judge 
and determine to be expedient ; and in cafe it fliall fo hap- 
pen that the faid eftate, or fuch part thereof as may be 
ready for divifion, cannot conveniently be divided (in 
the opinion of faid Corporation) fo as to accommodate 
each proprietor with a quantity of land, equal and in pro- 
proportion to his intereft, the faid Corporation (hall have 
power to make all fuch rules and regulations, refpeding 
credit to be given to thofe proprietors who become purcha- 
fers to a greater amount than their fliares, and refpeding 
the payment and indemnification of thofe who do not pur- 
chafe to the amount of their (hares, as they may judge 
expedient and for the intereft of the Corporation. 

^Sfct. 2. Beit further enabled. That all powers hereby 
^iven to faid Corporation, may be delegated to and ex- 

ercifed 



SAI, ARIES, tffc. June 17, An. 1839. 15 

ercifed by their Prefident and Dlreftors, or by any com- 
mittee for that purpofe fpecialiy to be appointed. 
[This ad pafl'ed June 17, 1809.] 



CHAP. XIII. 

An Act in addition to the ad eftablifhing the Salaries of 
the Juftices of the Supreme Judicial Court. 

OE it enaded by the Senate and Hoif/e of 
Reprefentatives in General Court ajfeynhled, and by the author- 
ity of the fame, 1 hat from and after the firft day of July 
next, there (hall be paid to the Chief Juftice of the Su- 
preme Judicial Court, the fumof one thoufand Dollars, 
and to each of the other Juftices thert of the fum of fix 
hundred Dollars, for every year during their continuance 
in office, in addition to their refpe6tive fabrics as now 
eftablilhed by law, and the faid additional falaries fliall 
be paid to faid Juftices quarterly out of the Treafury of 
this Commonwealth, the firft quarter commencing with 
faid firft day of July aforefaid. 

[Ihis a6t palled June 17, 1809.] 



CHAP. XIV. 

An A6t eftablifhing a Corporation by the name of The 
Marblehead Social Infurance Company. 

Sect. i. 13Y. it enabled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
thority of the fame, That Ifaac Story, Jofeph Barker, Jo- Perfons ir 
feph Wilfon, and all fuch perfons as have already, or po^^ted. 
hereafter ftiall, become their affociates and ftockholders 
in faid company, being citizens of the United States, be 
and hereby are incorporated into a company or body 
politick, by the name of Ihe Marblehead Social Infur 
ranee Company, for and during the term of twenty years, 
after the palling of this act, and by that name may fue or 
be fued, plead or be impleaded, appear, profecute, and Power*, 
defend to final judgment and execution, and have a. 
common feal which they may alter at pleafure, and may 

purchafe 



14 



SOCIAL INSURANCE COMPANY. "June 17, An. 1809. 



Capital Stock 
not to exceed 
One hundred & 
fifty thoufand 
dollars. 



Diretflors. 
Prefident. 



Qualifications 
of Diredtors. 

How chofJen. 



Provifo. 



Prefident chof- 
enbyDire^Jlors, 

To be fworn. 



purchafe, hold, and convey any eftate, real or perfonal, for 
the ufe of faid company, fubjed to the reftridions here- 
after mentioned. 

Sect. 2. Be it further enaBed, That the capital ftock 
of faid Company, exclufive of premium notes or profits 
arifing from faid bufmefs, Ihall confift of One Hundred 
Thouland Dollars, (the ftockholders to have liberty to 
extend it to, but not to exceed. One Hundred and Fifty 
Thoufand Dollars) and fliall be divided into one thoufand 
fhares, of which capital ftock not more than twenty 
thoufand dollars fliall be vefted in real eftate. 

Sect. 3. Be itfurther enaded, f hat the ftock, prop- 
erty, affairs, and concerns of faid company, fhall be man- 
aged and conduced by feven Directors, one of whom 
fhall be Prefident thereof, who fhall hold their offices for 
one year, and until others fhall be chofen, and no longer, 
which Diredors, fhall at the time of their eledion, be 
ftockholders, and citizens of this Commonwealth, and 
fhall be elected on the third Monday of April, in each 
and every year, at fuch time of the day, and in fuch 
place in the town of Marblehead, as a majority of the Di- 
rectors for the time being fhall appoint, of which eleftion 
publick notice fhall be given in one of the Newfpapers 
printed in the town of Salem, and continued for the 
fpace of ten days immediately preceding fuch eleftion ; 
and fuch eledlion fhall be holden under the infpeftion 
of three ftockholders not being Directors, to be appointed 
previous to every eledtion by the Diredors, and fhall 
be made by ballot, by a majority of votes of the ftock- 
holders prefent, allowing one vote to each fhare in the 
capital ftock ; Provided, that no ftockholder fhall be al- 
lowed more than ten votes ; and the ftockholders, not 
prefent, may vote by proxy, under fuch regulations as 
laid company fhall prefcribe ; and if, through any un- 
avoidable accident, the faid Diredors fhall not be chofen 
on the third Monday of April, as aforefaid, it fhall be 
lawful to choofe them on another day in the manner 
herein prefcribed. 

Sect. 4. Be it further enabled. That the Diredors fo 

\ chofen, fhall meet as foon as may be, after every eledion, 

and fhall choofe out of their body, one perfon to be 

Prefident, who fhall prefide for one year, and be fworn 

faithfully to difcharge the duties of his office , and in cafe 

of 



SOCIAL INSURANCE COMPANY. June 17, An. 1809. 15 

of the death, refignation or inability of the Prefident or 

any Diredors to ferve, fuch vacancy or vacancies fhall be 

filled for the remainder of the year in which they may special eieaion 

happen, by a fpecial eledion for that purpofe, to be hoi- "^^y ^^ ^^xa^^. 

den in the fame manner as herein before direded, re- 

fpe6ling annual eledions for Direftors and Prefident. 

Sect. 5. Be it further enadcd^ That the Prefident p^.^^^^^^ 
and three of the Diredlors, or four of the Directors in three direaors 
the abfence of the Prefident, fhall be a board competent ">^y tranika: 
for the tranfadion of bufinefs ; and all queftions before 
them fhall be decided by a majority of votes, and 
they fhall have power to make and prefcribe fuch bye- And make bv- 
laws, rules and regulations, as to them fhall appear need- ''^^9, 
ful and proper, touching the management and difpofition 
of the flock, property, eflate and effefts of faid company, 
and the transfer of the fhares, and touching the duties 
and conduft of the feveral officers, clerks and fervants 
employed, and the election of Directors, and all fuch 
matters as appertain to the bufinefs of Infurance ; and 
fhall alfo have power to appoint a fecretary, and fo many 
clerks and fervants for carrying on the faid bufinefs, 
and with fuch falaries and allowances to them and to the 
Prefident, as to the faid board fhall feem meet : Provided^ Provifo. - 
that fuch bye-laws, rules and regulations fhall not be re- 
pugnant to the conftitution and laws of this Common- 
wealth. 

Sect. 6. Beit further enaded. That there fhall be fta^ stated meedncrs 
ted meetings of the Diredors at leaft once in every "ft^edneaor.. 
month, and as often within each month as the Prefident 
and board of Diredors fhall deem proper ; and the Pref- 
ident and a committee of two of the Diredors, to be by 
him appointed in rotation, fhall affemble daily, if need be, 
for the defpatch of bufinefs, and the faid board of Di- 
redors or the Committee aforefaid, at and during the 
pleafure of faid board, fhall have power and authority 
on behalf of the company to make infurance upon veffels, 
frieght, money, goods, and effeds, and againfl captivity of 
perfons, and on the life of any perfon during his abfence 
at fea, and in cafes of money lent upon bottomry, and ref- 
pondentia, and to fix the premium and terms of payment; 
and all Policies of Infurance by them made fhall be fub- fublcrtbed^ by 
fcribed by the Prefident, or in cafe of his death, ficknefs, *''« Preftdent. ' 
inability or abfence, by any two of the diredors, and 

counterfigned 



i6 SOCIAL INSURANCE COMPANY. 7«;i^ 17, An. 1809. 

counterfigned by the Secretary, and Ihall be binding and 
obligatory upon the faid company, and have the like efFeffe 
and force as if under the feal of faid company ; and all 
loffes duly arifmg under any policy fo fubfcribed, may be 
adjufted and fettled by the Prefident and board of Direc- 
tors, and the fame fhall be binding on the Company. 
. Sect. 7. Be it farther e?ia6led. That it fhall be the 

made femian! ^^^Y ^^ ^^^ Diredors, on the fecond Monday of Janu- 
auaiiy. ary and July in every year, to make dividends of fo much 

of the intereft arifmg from their capital flock, and the 
profits of faid company, as to them fhall appear advifa- 
ble, but the monies received and the notes taken for 
premiums on rifks which fhall be undetermined and out- 
Handing at the time of making fuch dividends, fhall 
not be confidered as part of the profits of the company ; 
and in cafe of any lofs or loffes, whereby the capital 
ftock of the company fhall be leffened each proprietors or 
tate7'made Ic- ftockholdcr's eflate fhall be held accountable for the in- 
coumabie. ftalment that may be due and unpaid on his fhare or 
fhares, at the time of faid lofs, or loffes taking place, to 
be paid into the faid company by affeffments, or fuch 
other mode, and fuch time or times, as the Diredors 
ihall order, and no fubfequent divftiend fliall be made 
until a fum equal to fuch dimunition, fhall have been 
added to the capital, and that once in every year, and 
oftener if required by a majority of the votes of the flock- 
holders, the Dire6lors fhall lay before the flockholders 
at a general meeting, an exact and particular flatement 
of the profits, if any there be, after deducing loffes and 
dividends. 

Sect. 8. Be it further ena6led^ That the faid company 
fliall not diredlly or indiredlly, deal or trade in buying or 
felling any goods, wares, merchandize or commodities 
whatfoever, and the capital flock of faid company, with- 
in fix months after being colleded at each inflalment, 
fhall be invefled either in the funded debt of the 
United States, or of this Commonwealth, or in the 
flock of the United States Bank, or of any incorporated 
bank in this Commqnwealth, at the difcretion of the 
Prefident and Dired:ors of faid company, or of other 
Officers, which the proprietors Ihall for fuch purpofes 
appoint. 

Sect. 



Stock to be in 
•vefted. 



SOCIAL INSURANCE COMPANY. June 17, An. 1809. 17 

Sect. 9. Be it further ena^ed^ That twenty five ciol« jnftaimentj. 
lars or. each fhaie in faid company fhall be paid within 
thirty days after the firft meeting of faid company, and 
the remaining fum within one year after faid firfl meeting, 
in fuch equal inftalments and under f\ich penalties as the 
faid company fliall dired, and no transfer of any fhare 
ihall be permitted, or be valid, until the whole capital 
ftock ihall have been paid in. 

Sect. 10. Be it further enaded^ That no perfon being Perfons not eii- 
a Diredor of any other company carrying on the bufi-oJ.3^" 
nefs of Marine Infurance, fliall be eligible as a Dire6:or 
of the company by this a6t eftabhfiied. 

Sect. m. Be it further enable d^ That in cafe of any 
lofs or loifes taking place, that fhall be equal to the a- 
mount of the capital ftock of the faid company, and the 
Prefident and Directors, after knowing of fuch lofs or 
lolTes taking place, fhall fubfcribe to any policy of infur- 
ance, their eftates, jointly and feverally, fhall be account- 
able for the amount of any and every lofs that fhall take 
place under policies thus fubfcribed. 

Sect. 12. Be it further enaded. That the Prefident ^j^^^j^^ ^^f 
and Directors of faid company fliall, previous to their fub- ftock tobepuli- 
fcribing to any policy, and once in every year after, publifh ''^^^^' 
in one of the Newfpapers printed in the town of Salem, 
the amount of their ftock, againfl: what rifles they intend 
to infure, and the largeft fum they intend to take on any 
one rifk. Provided, that the faid Prefident and Diredors „ .^ ^ 
fhall not be allowed to infure on any one rifk a larger fum 
than ten per centum of the amount of the capital ftock 
a£tually paid in. 

Sect 13. Be it further enacled. That the Prefident 
and Directors of faid company, fhall when and as often 
as required by the Legiflature of this Commonwealth, lay 
before them a ftatement of the affairs of faid company, 
and fubmit to an examination concerning the fame un- 
der oath. 

Sect. 14. Be it further enaSled, That Ifaac Story, pirft meeting oC 
Jofeph Barker, and Jofeph Wilfon, or any two of them, ftockhoider*. 
are hereby authorized to call a meeting of the members 
of faid company as foon as may be in Marblehead, by ad- 
vertizing the fame for two fucceffive weeks in the EflTex 
Regin:er, for the purpofe of their eleding a firfl: Board 

©f . 

C 



iS 



BOSTON GLx4lSS MANUFACT. June 17, An. 1809: 

of Dire£tors, who fhall continue in office until the 
third Monday of April, one thoufand eight hundred 
and ten. 

[This ad paffed June 17, 1809.] ' 



CHAP. XIV. 

An A£l to incorporate certain perfons by the name of The 
Boflon Glafs Manufadlory. 



T. I. B 



Sect. i. X3^ it enabled by the Senate and Houfe of 
Reprefentatives hi General Court ajjcmhled, and by the au- 
thority of the fame. That Samuel Gore, Thomas Whalley, 
Perfons incor- Jonathan Hunnewell, Charles F. Kupfer, and Samuel 
porated. H. Wallcy, with fuch other perfons as already have or 

hereafter may alTociate with them, their fucceffors and 
affigns, be and hereby are made a corporation, by the 
name of the Bofton Glafs Manufadory, for the purpofe 
of manufacturing Glafs, and for that purpofe fliall have 
all the powers and privileges, and be fubjedl to all the 
duties and requirements contained in An ad paffed the 
third day of March lad paft, entitled an ad defining 
the general powers and duties of manufaduring Corpo- 
rations. 
Corporation Sect. 2. Be it further enaded. That faid corporation 

empowered to ^^y }qq lawfully feizcd and poiTeffed of fuch real eftate 
not exceeding fifty thoufand dollars, and fuch perfonal 
eflate not exceeding two hundred thoufand dollars in val- 
ine, as may be neceflary and convenient for carrying 
on the manufadory of Glafs. 

[This ad palfed June 17, 1809.] 



CHAP. XV. 

An Ad to eftablifii The Salem India Wharf Corporation. 

Sect. i. J3E /V enaSiedbythe Senate and Houfe of 

Reprefentatives in General Court a/fembled, and by the author- 

Perfons Incor- ity of the fame. That George Crowninfhield, George 

porated. Crowninfhield, jun. John Crowninfhield, Benjamin 

Crowninfhield, and Richard Crowninfhield, owners and 

' proprietors 



1^ 

SALEM INDIA WHARF. June 17, An. 1809. ^9 

propletors of a certain parcel of land, wharf and flats 

in Salem, in the county of EfTex, known by the name 

of India Wharf, and fuch perfons as may hereafter aflb- 

ciate with, them their fucceflbrs and affigns, being citizens 

of the United States, (hall be, and hereby are conftituted 

a body poliiick and corporate, by the name of The Salem 

India Wharf Corporation, and by that name may fue 

and be fued, plead and be impleaded, defend and be coTporatLoo. 

defended, in any court of record or in any other place 

whatfoever, and fiiall and may do and fuffer all matters, 

ad:s and things, which bodies poHtick, ought to do and 

fuflfer, and Ihall have power to make, have and ufe a 

common feal, and the fame again at pleafure to break, 

alter and renew, and alfo to ordain, eftablifh and put in 

execution fuch bye laws, ordinances and regulations as to 

them fliall appear neceflary and convenient for the 

government of faid corporation, and for the prudent 

management of their property and aifairs ; and for the 

breach of fuch bye laws, ordinances and regulations, 

may order fines and penalties, not exceeding ten dollars 

for every breach, Pro=y/^£'<i, that fuch bye laws, ordinances provifo, 

and regulations, fhall not be repugnant to the laws of 

this Commonwealth. 

Sect. 2. Be it further enaBed, That the faid cor- 
poration fhall be and hereby is declared capable to have, 
hold and pofefs the faid land, wharf and flats, called India 
Wharf, and the privileges and appurtenances thereof, 
and alfo any other lands and tenements connefted there- 
with, not exceeding the additional value of thirty thou- 
fand dollars, exclufive of the buildings thereon, and fiiaU 
have power to ere6l any buildings, on any real eflate 
owned by them, and any fea wall or other walls, to pro- 
tect and fecure the fame, and fhall have power to grant, 
fell and alien in fee fimple, or otherwife, the faid cor- 
porate property, or any part thereof, and to leafe, ex- 
change, manage and improve the fame according to 
the will and pleafure of the proprietors, or the major 
part of them, prefent at any legal meeting, to be expreffed 
by their votes ; and the rents, profits and receipts which 
may accrue from the improvements, leafing or other man- 
agement of the corporate property aforefaid, may and 
fliall, once at leafl in every year, be divided among the 
proprietors according to their refpeclive fhares. 
x Sect. 



2© SALEM INDIA VvTHARF. 'June 17, An. 1809. 

Sect. 3. J?^ it further ejiadcd. That faid proprietors 
may at any legal meeting agree upon the number 
of fhares into which faid eftate fhall be divided, not 
exceeding five hundred, and upon the form of certificates 
X to be given to individuals, of the number of fhares 

by them refpeftively held, and upon the mode and 
conditions of transfering the fame ; which fhares 
Ihall be held and confidered as perfonal eftate, to all 
intents and purpofes whatfoever ; the faid proprietors 
fliall alfo have power to affefs upon each fhare fuch fums 
of money as may be deemed necelTary for repairing and 
erefting walls and buildings, and generally for the im- 
provement and good management of their faid eftate, 
agreeably to the true intent of this aft, and to fell and 
difpofe of the fliares of any delinquent proprietor for the 
, payment of afleffments in fuch way and manner as faid 

corporation may by their rules and regulations, determine 
and agree upon. 
Individual pro- Sect. 4. Be it further cnaded^ That the property of 
perty liable to ^f every individual member of faid corporation, vefted 
in faid corporate funds or eftate, fhall be liable to attach- 
ment, and to the payment of his juft debts in manner pre- 
fcribed by an ad entitled, "an a6t direding the mode 
of attachment on mefne procefs, and felling by execution 
fhares of debtors in incorporated companies," paffed 
the eighth day of March, in the year of our Lord one 
thoufand eight hundred and five. 
Meeting for Sect. 5. Be it further enabled. That George Crown- 
choice of offi- inlhield, George Crowninfhield, jun. and Benjamin 
"""^ Crowninfhield, or any two of them, may call the firfl 

meeting, by advertizing the fame in any one of the pub- 
lick Newfpapers, printed in Salem, at leaft three days be- 
fore the time of meeting, and at that, or any other meet- 
ing, may eled a Prefident, Treafurer, Clerk, Secretary^ 
or other officers, and for fuch term of time not exceed- 
ing one year, as they may judge fit, and the fame at 
pleaiure change or remove ; and in the choice of ofiicers, 
or on any other occafion when it fhall be required by a 
majority in valvie of the members prefent, the votes fhall 
be given by fhares, allowing one vote to each fhare, 
?fOTifo. Provided, only that no member fhall have more than 

ten YOtes^ 

Sect* 



HAMPSHIRE LEATHER MANU. June 17, An. 1809. at 

•Sect. 6. Be it further enaded. That nothing herein 
contained fhall be deemed or conftrued to give to faid 
proprietors any right or authority to take or appropri- 
ate to their ufe the land, right or privilege of any per- 
fon or perfons, without a legal conveyance thereof from 
fuch perfon or perfons, to the faid corporation. 

Sect. 7. And be it further enaded, fhat after the ^epeah"''^ 
expiration often years the Legiflature (hall have power 
to alter, amend or repeal this adt, Provided, however, provifo. 
that upon fuch repeal, all real eftate then belonging to 
faid corporation fhall be veiled in fuch perfons as may 
then be members thereof, and their refpeclive heirs and 
afligns, as tenants in common, in proportion and accord- 
ing to the number of fliares, which they may then hold. 
And Provided further, ihat the faid proprietors, not- p^j.jjjgj. p.^^^.:^ 
withftanding fuch repeal by the Legiflature, ihalt have fo. 
power, in their corporate name and capacity atorefaid, 
to fue for, recover and divide all fums of money and 
debts, which may then be thereto due and unpaid. 
[This actpaffed J/'w/?^ 17, 1809. J 



CHAP. XVL 

An Ad to incorporate William Edwards and others, by 
the name of The Hampfhire Leather Manufactory. 



••* 



Sect. 1. XJE itenaded by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
thority of the fame. That William Edwards, Sylvefter Perfons iiK 
Emmons, Spencer Clark, Gideon Lee, Rofweil Hub- ^""^^'^ " 
bard, and WiUiam Hubbard, together with fuch other per- 
fons as already have or may hereafter aflbciate with 
them, their fucceifors and aifigns, be and hereby are 
made a corporation by the name of The Hampfliirs 
Leather Manufactory, for the purpofe of manufactu- 
ring leather at Northampton, Chefter, and Cumming- 
ton, in the county of Hampftiire, and for this purpofe 
fliall have all the powers and privileges, and be fubjeft 
to all the duties and requirements contained in an act 
pafled the third day of March, in th S our Lord 

one thouliind eight hundred and mne entitled an act 

defining 



22 COURTS. ^une 17, An. 1809. 

defining the general powers and duties of manufaduring 
Corporations. 

Sect. 2. Be it further enaded^ That the faid Corpora- 
tion may be lawfully feized of fuch real eftate, not ex- 
ceeding the value of thirty thoufand dollars, and fuch 
perfonal eftate not exceeding the value of feventy thou- 
fand dollars, as may be neceflary and convenient for ef- 
tabliftiing and carrying on the manufadory of leather in 
the towns of Northampton, Chefter and Cummington, a- 
forefaid. 

I^This a6l paifed 'June 17, 1809.] 



CHAP. XVII. 

An Aft to transfer the powers and duties of the Court of 
Seffions to the Courts of Common Pleas, and for other 
purpofes. 

Sect. 1. XJE it ena6led by the Senate and Houfe of 
Reprefentatives in General Court a/fembled, and by the au- 
rormer a^sre- thority of the fame. That from and after the paffing of this 
pealed. ^£|.^ ^^iQ ad entitled, " an ad in addition to an ad, entitled 

an ad eftablifhing Courts of General Seffions of the 
Peace," paffed the third day of July, in the year of our 
Lord, feventeen hundred and eighty two, and alfo an " ad 
to explain and amend the laws refpeding Courts of Gen- 
eral Seffions of the Peace," be, and they hereby are re- 
pealed. 
Powers trans- Sect.* 2. Be it further enaSied, That from and after 
ferred. the pafTiug of this ad, the Courts of Common Pleas, with- 

in this Commonwealth, in their refpedive counties, fhall 
have, exercife and perform all the powers, authorities and 
duties, which before and until the paffing of this ad, the 
refpedive Courts of Seffions within the feveral counties in 
this Commonwealth, have by law had, exercifed and per- 
formed. 
Petitions, &c. Sect. %, Be it further enabled. That all petitions, re- 

returnable to . ^ J , ' .- ^ , 

the Common cognizanccs. Warrants, orders, certificates, reports and 

Pleas. proceffes, made to, pending in, taken for, or continued, 

or returnable to, the Courts of Seffions in the feveral 

counties in this Commonwealth, fhall be returnable to, 

entered, have day, be proceeded in, and determined by the 

refpedive 



MIDDLESEX CANAL, isfc. June 19, An. 1809. 23 

refpedive Courts of Common Pleas, within and for the 
fame counties, at the term thereof, which fliall be next 
holden after paffing this aft ; and that all petitions, re- 
cognizances, warrants, orders, reports and proceffes, 
which ihall hereafter be made or taken, fhall be made and 
taken to the Courts of Common Pleas, within the re- 
fpeftive counties, at the term thereof, which Ihall be next 
holden after pafling this aft, in the fame manner as they 
would have been made or taken to the faid Court of Sef- 
fions, if this aft had not been made. 

[This aft paffed June 19, 1809.]] 



CHAP. XVIIL 

An Aft in addition- to an aft, entitled, " An aft in further 
' addition to an aft, entitled, an aft for incorporating 
James Sullivan, Efq. and others, by the name and ftyle 
of the proprietors of the Middlefex Canal." 



B 



time. 



'E it enabled by the Senate and Houfe of 
Reprefentatives in General Court a/fembled, and by the au- 
thority of the fame. That the proprietors of the Middle- Proprietors al- 
fex Canal, fhall be allowed the further time of four 
years from the twenty fecond day of June current, to 
render Concord river boatable and navigable, and for 
cutting other cana,ls in the county of Middlefex, pur- 
fuant and according to the tenor of the afts heretofore 
paffed on that fubjeft. 

[This aft pafTed y^^w*? 19, 1809.] 



CHAP. XIX. 

An Aft to provide for two extra feflions of the Court of 
Common Pleas for the County of Middlefex. 

JJE it enabled by the Senate and Houfe 
of Reprefentatives in General Court affembled, and by the 
authority of the fame, '1 hat there fhall be a term of the ^xtra feflion*. 
Court of Common Pleas for the county of Middlefex, 
holden at Cambridge in the fame county, on the fecond 
Tuefday of July next, and another term of faid Court 

holden 



44 NAMES ALTERED. June 19, An. 1809. 

holden at Cambridge, on the firft Tuefday in Auguft next, 
for the fole purpofe of confidering any new application 
^ for any new highways, or county roads within the fame 
county, and of eftabh'fhing according to law, fuch roads 
as in their opinion the public neceffity or common con- 
venience may require. 

[IhisadpafTed yM;;(? 19, 1809.] 



CHAR XX. 

An Ad to change the names of certain perfons therein 

mentioned. 

J^f. it enaSled by the Senate and Houfe of 
» Reprefentatives in General Court ajfanbled^ and by the au- 
thority of the fame. That from and after the paffing of this 
Chang. ^^5 J°^^^ O'Brien, the third, of Newbury, in the county 
of Eflex, Ihall be allowed to take the name of John Mau- 
rice O'Brien ; that John Hooper, of Marblehead, in the 
county aforefaid, (hail be allowed to take the name of 
John Grift Hooper ; that Jofiah Clark, of Sharon, in the 
county of Norfolk, who has been known and called 
by the name of Jofeph Huin, (hall be allowed to 
take the name of Jofeph Huin ; that Samuel Bayley, jun. 
of Weymouth, in the county of Norfolk, (hall be allowed 
to take the name of Samuel Fublius Bayley ; that William 
Stickney, the third, of Newbury, in the county of E flex, 
fliall be allowed to take the name of Albert Alonzo ^tick- 
ney ; that Jofeph Sprague, jun. of Salem, in the county of 
Effex, fhall be allowed to take the name of Jofeph E. . 
Sprague ; that Samuel Lee, of Bofton, in the county of 
Suffolk, fhall.be allowed to take the name of William 
Raymond Lee ; that Elijah White, of Bofton, aforefaid, 
fhall be allowed to take the name of Ferdinand Mlioc 
White, and Ifrael Putnam the fourth, fon of Eleazer Put- 
nam of Danvers, in the county of Elfex, Efq. niall be al- 
lowed to take the name of Ifrael Warburton Putnam. 
And the faid perfons ftiall, from and after the pafling of 
this aft, be known and called by the names which they are 
refpeftively allowed to take, as aforefaid, and the fame 
fliall be confidered as their only proper names, 
ri his ad pafled lime 1 9, 1 809.] 

CHAP. 



t 



'*' 



•Sk- 



AA A 



WORCESTER TURNPIKE, Esfc. June 19, An. 1809. 9.5 

CHAP. XXI. 

An A£i: in addition to an ad, entitled, " an aft to eftab- 
li(h a Company by the name of The Worcefter and 
Stafford Turnpike Corporation." 

Sect. i. J^?. it enaBed by the SsfMfe and Hoiife of 
BepreCentatives in General Court affe?nbled^ and by the au- 
thority of the fame, Ihat the honourable Salem l'own,Efq. ^""J^^^^]^^ "^^ 
Abner Brown, Efq. and Mr. Reuben Sikes, of Worcefter, 
be a committee to examine that part of the turnpike 
road which iTie Worceiter and Stafford turnpike cor- 
poration were 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 dif- 
continue the road fo located over faid hill, and locate 
a rode in lieu thereof, in fuch courfe, by the fide of faid 
hill, as will beft accommodate the publick, and be lead 
prejudicial to individuals ; and that faid committee be, 
and they hereby are authorized and empowered, to make 
fuch alterations in the former affelfment of damages, and 
affefs fuch other damages as may be juft and reafonable, 
in confequence of locating faid turnpike road, according 
to the authority hereby given, and according to the a6t 
to which this a£t is in addition. 

Sect. 2. Ec it further enaBed, That the faid Salem 
Town, Abncr Brown, and Reuben Sikes, be a commit- 
tee to examine faid turnpike road, and approve of the 
fame, if made conformable to law, and that upon fuch ap- 
probation being had, the faid corporation may apply for 
a committee to eflabiilh their gates according to law. 
[This ad paffed June 19, 1809.3 



CHAP. XXII. 

An Act to change Monmouth Free Grammar School in 
the town of Monmouth, in the county of Kennebeck, 
into an Academy, by the name of Monmouth Academy. 



W 



HERE AS the Truftees of Monmouth Preamble. 
Free School, have petitioned this court to change the 
D name 



25 



WHITFIELD. 



"June 19, An. 1809. 



name of faid Free Grammar School, and to ered the 
the fame into an academy, by the name of The Mon- 
mouth Academy : 

BE it enabled by the Sefiate and Houfe of 

Reprefentatives in General Court affe?nbled, and by the au- 

Monmouth A- thority of thefafne. That the faid Monmouth Free Gram- 

cademy incor- mar t^chool, be, and the fame hereby is erefted into an A- 

"^ cademy, by the name of The Monmouth Academy, and 

that the truftees of the faid School fhall be hereafter ftyl- 

ed the truftees of Monmouth Academy, in all cafes 

whatfoever. 

[This a£l paffed Jmw 1 f , 1809.] 



porated. 



Whitfield ii 
corporated. 



Soundarles. 



CHAP. XXIII. 

An A<El to incorporate the Plantation heretofore called 
Ballftown, into a town, by the name of Whitfield. 

Sect. i. 13e // enacled by the Senate and Houfe of 
Reprefentatives in General Court affe?ribled, and by the au- 
thority of the fame. That the plantation heretofore called 
Ballftown, in the county of Lincoln, as defcribed within 
the following bounds, be, and hereby is incorporated 
into a town by the name of Whitfield, to wit : Beginning 
at a ftakein Turner's Meadow Brook (fo called) it being 
the fouth weft corner of the town of JefFerfon, from 
thence running north weft one mile, and two hundred 
and fixty poles to Sheepfcot river ; from thence by and 
down faid river as it runs one mile and fixty poles, to an 
elm tree ; from thence weft northweft one mile and eighty 
poles to Piitfton line ; from thence north four dergees eall 
on faid Piitfton line, five miles and three hundred poles, to 
a tree marked ; from thence north north-eaft three miles 
and one half of a mile, to a white maple tree marked ; 
from thence eaft foutheaft five miles and three hundred 
poles to the weft line of Jefferfon ; from thence fouth 
twenty feven degrees weft nine miles and two hundred 
poles, on the weft line of JefFerfon, to the firft mentioned 
bound. And the faid town is hereby vefted with all the 
powers and privileges, and fubjeft to all the duties and re- 
quirements to which other towns are entitled or fubjeded 
by the conftitulion and laws of this Commonwealth. 

Sect. 



SOMERSET BRIDGE. "June 19, An. 1809. 27 

Sect. 2. Be it further enabled. That either of the Jufti- 
ces of the Peace for the county of Lincoln be, and he is 
hereby authorized to ilTue a warrant, directed to fome 
inhabitant of faid town of Whitfield, requiring him to 
notify and warn the inhabitants of the faid tov/n, to meet 
at fuch convenient time and place, as fhall be appointed 
in faid warrrant, for the choice of fuch officers as towns 
are by law required to choofe, in the months of March 
or April annually. 

[This ad pafled y««^ 19, 1809.] 



CHAP. XXIV. 

An A61; for incorporating certain perfons for the purpofe 
of building a Bridge over Kennebeck river, in the town 
of Norridgewock. 



Sect. i. JjE // enabled hy the Senate and Hoiife of 
Reprefentatives in General Court ajfembled^ and by the au- 
thority of the fame. That John Ware, Ithamar Spaulding, Perfons incor- 
Afher Spaulding, James Jones, Nathaniel Blackwell, WiU porated. 
liam Jones, Richard Sawtell, John Clark, Bezar Bry- 
ant, Caleb Jewett, James Waugh,jun. Obadiah Withrell, 
andJofiahHeald, together with fuch others as may hereafter 
aflbciate with them, and their fucceffors and affigns, fhall 
be a corporation, by the name of The Proprietors of Som- 
erfet Bridge, and by that name may fue and be fued to 
final judgment and execution, and may do and fuifer all 
fuch matters, adts and things, which bodies politick may 
and ought to do and fuffer ; and that faid corporation 
fhall have full power and authority to make, have, and 
ufe, a common fea!, and the fame to break, alter and re- 
new at pleafure ; and the faid corporation fhall be and 
they are hereby authorized to erett a bridge overKennebeck 
river, at the ripples, above the meeting houfe in Norridge- 
wock, between the land owned by WilHam Jones, on the 
northeaft fideof theriver aforefaid,and the land lately own- 
ed by Simon Peirce, on the fouthweft fide of the river 
aforefaid. And the faid bridge fhall be well built, of 
good materials, not lefs than twenty four feet wide, and 
well covered with plank or timber, with fufficient rails on 
each fide for the fafety of paffengers. 

Sect. 



29 



SOMERSET BRIDGE. 



June 19, An. i8og. 



Three perfons 



Powers. 



Sect. 2. Bq it further enaBed, Ihat any three of the 
to call a' meet- peiToHS bcfore named may call the firft meeting of the 
laid proprietors, by an advertifement in theKennebeck Ga- 
zette, in three fucceflive papers, the laft publication to be 
at leafl; fourteen days prior to the time appointed for fuch 
meeting ; and the faid proprietors, by a vote of a majority 
of thofe prefent, accounting and allowing one vote to 
each fhare, (Provided, no perfon either by his own right 
or by proxy or by both, Ihail be entitled to more than 
ten votes.) fhall choofe a clerk, who fhall be fworn to the 
faithful difcharge of the duties of his office ; alfo- may at 
^ the fame time, or at any fiibfequent meeting, choofe fuch 

other officers, as may be found necelfary for managing 
the bufinefs of faid corporation, and fhall agree on a 
method of calling future meetings, and at the fame or 
at any fubfequent meeting, may make and cftablifh 
fuch rules and regulations, as (hall be deemed convenient 
and necefl'ary for regulating faid corporation, effisding, 
completing and executing the purpofes aforefaid, and 
for colleding the toll herein granted ; and the fame rules 
and regulations may caufe to be obferved and executed ; 
and for the breach of any of them, may order and enjoin 
fines and penalties not exceeding twenty dollars. Fro* 
Provifo. vided, that faid rules and regulations be not repugnant to 

the laws and conltitution of this ("lommonwealth. 

Sect. 3. Be it further enaded. That a toll be and 
hereby is granted and eftablilhed, for the ufe and benefit 
of faid corporation, according to the rates following, to 
wit : for each foot paifenger or one perfon paffing faid 
bridge, two cents ; one perfon and horfe, fix cents and 
one quarter of a cent ; fmgle horfe cart, fled or fleigh, 
eight cents ; each wheel barrow, hand cart, and every 
other vehicle capable of carrying a like weight, three 
cents ; each team, including cart, fled or fleighj drawn 
by more than one bead, and not exceeding four, twelve 
cents and five mills ; and for every additional beaft a- 
bove four, two cents; each fmgle horfe and chaife, chair or 
fulkey, feventeen cents ; each coach, chariot, phaeton and 
curricle, thirty feven cents and an half cent ; neat cattle 
and horfes, exclufive of thofe rode on, or In carriages, or 
in teams, two cents each ; fheep and fwine, for each do- 
zen, fix cents and a quarter of a cent, and at the fame 
rate for a greater or lefs number 5 and the fame toll fhall 

be 



Rates of Toll. 



SOMERSET BRIDGE. June 19, An. 1809. 29 

be paid for all carnages paffing faid bridge, whether the 
fame be loaded or not ; and to each team one man, and 
no more, (hall be allowed as a driver, to pafs free from 
payment of toll ; and at all times when the toll gatherer 
fliall not attend his duty at the faid bridge, the gate or 
gates fhall be left open. And the faid toll (hall com- 
mence on the day of the firfl: opening of the faid bridge for 
paffengers, and (hall continue for and during the term of 
feventy five years, from the faid day, and be collected as- 
fhall be prefcribed by faid corporation ; Provided^ the P^ovifa 
faid proprietors (hall at all times keep the faid bridge in 
good repair, and at the end of faid term deliver the fame 
to the Commonwealth for their ufe ; Provided alfo, that 
at the place where the toll fhall be colle£led, there Oiall be 
conftantly kept on a board or fign, expofed to open view, 
the rates of toll in legible letters. 

bECT. 4. Be it further enaded. That if the faid corpo- Time forbulid- 
ration fliall negleft, or refufe, for the fpace of nineteen '"° '""i^^d. 
months from the pafling of this ad, to build and com- 
plete faid bridge, then this ad fhall be void and of no ef- 
fed. 

Sect. c. Be it further enaded. That all perfons with Perfonsexemp- 

, . .-' J I r rr j /• i • f t^d from lolL 

their carriages and norles, palling to and from their ufu- 
al placesof publick worfhip,and all perfons palling to and 
from funerals, and all perfons paffing on military duty, 
be, and hereby are exempted from paying the toll re- 
quired by this ad. 

Sect. 6. Be it further enaBed^ That at the expiration 
of ten years from the opening of faid bridge, the Gen- 
eral Court may regulate anew the rates of toll receiva- 
ble thereat. 

[This ad palled June 19, 1809.3 



CHAP. 



TOWNS. 7««^i,9, An. 1809. 



CHAP. XXV. 

An Aft in addition to an a(3:, entitled An a6t for regulat- 
ing Towns, fettmg forth their Power, and for the choice 
of Town Officers, and for repealing all Laws hereto- 
fore made for that purpofe. 

Sect. i. Xj¥. it enaded by the Senate and Houfeof 
Reprefentatives in General Court ajfe?nbled, and by the au- 
Qcrk, &c. cho- '^^^''^O' ''Z ^^^ y^^^^j That the following town officers, 
fea by ballot, namejy^the clerk, treafurer,felecl:men and aiTefTorSjAiall be 
eleded by ballot, but all other town officers may be chofen 
by that or any other method, as the electors prefent fhall 
agree upon j and no ballot fhall be received at any meet- 
ing of the feveral towns and diflrids in this Common- 
wealth, for the choice of a town officer, or officers, before 
nine o'clock in the forenoon, nor after four o'clock in the 
afternoon. 
CoiieAors to Sect. 2. Be it further enaded. That it fhall be the 
prepare lifts of jj^ty of every collector of taxes, in the feveral towns and 
epo s. jj(|.j.j£|.g aforefaid, for the two lafl years, immediately pre- 
ceding the firft day of March, annually, and they are 
hereby feverally authorized and directed, to make out and 
return to the affeffors of the feveral towns and dif- 
trids for the time being, or to fuch other perfons as 
perform the office of aifelTors, of fuch towns and dif- 
trids, thirty days previous to the firft day of March an- 
nually, an accurate lifl of the names of all thofe perfons 
from whom the faid collectors fhall have received any 
fum of money, as payment for taxes, for either of faid 
two years, and to the name of each perfon, each colle6tor, 
Ihall refpedtively annex the faid fum of money, which he 
fhall have fo received from fuch perfon on the account a- 
.forefaid. And it fnall be the duty of the faid affefTors, 
or of fuch perfons as perform the office of affeffors, to re- 
ceive and examine the Hfl aforefaid, and forthwith to make 
out an alphabetical lifl of the names of all thofe perfons, 
from whom the faidcoUedoror collectors fhall have receiv- 
ed in payment of the taxes aifeffed in faid town, for either 
of the two years next preceding, a fum of money equal 
to one poll tax, and two thirds of a fingle poll tax, and 

who, 



TOWNS. June 19, An. 1809. 31 

who, in addition to having paid the faid tax, as aforefaid, 
fhall have been taxed for the year next preceding the faid 
firft day of March, to the faid amount and whofe taxes 
for either of the faid years fhall not have been abated: 
And the faid affeffors, or other perfons performing the 
office of aifelTors for the time being, (hall publifli the faid ^^j^^ ^^^^ ^^^ 
alphabetical lift, by porting up the fame in tvro or more Ufhed. 
publick places, in fuch towns or diftridts, fourteen days, 
at leaft, before the annual meeting for the choice of town 
and diftrid officers, in their refpedive towns or dif- 
trids ; and fhall alfo furnifh the Moderator of fuch meet- 
ing with a like alphabetical lift ; and if the faid col- 
ledors, affeffors, or perfons performing the office of af- 
feffors, fhall unreafonably refufe, or negletl to make out Coiieaors or 
their refpcdive lifts, and to return, publifh, and furnifh the \z&\n% their* 
fame as aforefaid, they fhall for each ofFence,feverally forfeit duty— 
a funi not exceeding five hundred dollars, nor lefs than fifty Penalty. 
dollars, to be recovered by aftion of debt, or by indid:- 
ment in any court proper to try the fame ; one moiety 
thereof to the ufe of the poor of the town, and the oth- 
er moiety to the perfon or perfons who fhall fue or profe- 
cute therefor. 

Sect. 3. Be it further enal^led. That the freeholders Qu^uficatioas 
and other inhabitants of each town and diftrid, being ° 
citizens of the United States, and being twenty one 
years of age, or upwards, whofe names fhall be on the 
faid alphabetical lift, fhall be' legally entitled to ad and 
vote at any legal meeting of the faid inhabitants ; and 
if any perfon not fo legally qualified and entitled to ^^"0 yo«- 
ad, and vote as aforefaid, fhall give a ballot, or other- 
wife ad, or vote at any fuch meeting, or if any perfon fa 
legally qualified, fhall at any one time of balloting, at 
any fuch eledion, fraudulently give in more than one vote, 
iFor one perfon, for either pf faid offices, every fuch perfon 
fliall, for every fuch offence, forfeit a fum not lefs than thir- Penafty. 
ty dollars, nor more than two hundred dollars, to be re- 
covered as aforefaid. 

Sect. 4. Be it further enaded. That no perfon fhall be 
permitted to give his vote at any meeting, for the choice J^rfce?vTvo"tei 
of the town and diftrid officers before named, unlefs his from thofe not 
name be found upon faid alphabetical lift; and any modera- °^ '*^^ ^'^' 
tor of fuch meeting, wilfully and knowingly permitting 

any 



32 AUGUSTA THIRD SOCIETY, Eff^. June 19, An. 1 809. 

any perfon to vote, contrary to the provifion of this a6:. 
Penalty. ^^11 forfeit one hundred dollars for every fuch offence, to 

be recovered as aforefaid. 

[This aft paifed June 19, 1809.] 



CHAP. XXVL 

An A6t, to repeal an aft, entitled, " an aft to incorpor- 
ate a number of Inhabitants refiding within the limits 
cf the South Parifh of the town of Augufta, in the 
County of Kennebeck, into a religious Society by the 
name of The Third Religious Society in Auguita." 

> X3 E it enaSled by the Senate and Houfe of 
Reprefentati'ves in General Court ajfemhled^ and by the aU' 
thorityof the fame, I hat the aft, entitled an aft to incorpo- 

^Q. repealed. ^^^^ ^ number of the inhabitants, refiding within the limits 
of thefouth parifli of the town of Augufta, in the county of 
Kennebeck, into a religious fociety, by the name of 'fhe 
Third Religious Society in Augufta, be, and hereby is re- 
pealed ; and the members of the faid Religious Socie- 
ty, with their polls and eftates, are hereby annexed to the 
faid fouth parifti in Augufta, and entitled to all the rights, 
privileges and immunities of the fame, in common with 
other parilhioners thereto belonging. Provided, never- 
thelefs, that the members" of the faid Third Religious 

n-ovifo. Society, ftiall not be liable for the payment of any debts 

* heretofore contrafted, by the faid fouth parifli, in Augufta, 

other than thofe to which they are already liable, by the 
faid aft of incorporation. 

[This aftpafled fune 19, 1809.] 



CHAP. XXVII. . 

An Aft in addition to the feveral afts now in force to reg- 
ulate the paving of Streets in the town of Bofton, 
and for removing obftruftions in the fame. 



Sect. I. XjE it enabled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au^ 

thority 



LOUDON. June 19, An. 1809. 33 

thority ofthefame^ That in paving or repairing the pave- 
ment of any ftreet, in the town of Bofton, in future, no 
perfon fhall place timber or wood, in front of his or her 
houfe or lot, to fupport the foot walk ; but the fame fhall 
be fupported with hammered or cut flone any thing in 
the fecond fe£lion of the ad to which this is in addition, 
palfed the twenty fecond day of June, in the year of our 
Lord one thoufand feven hundred and ninety nine, to 
the contrary notwithftanding. 

Sect. 2. Be it further enaded. That the feledmen of ^^'p';]^^"pS 
the town of Bofton, (hall be, and they hereby are em- for teams, &c. 
powered to appoint fuitable places in the (Ireets or 
fquares of faid town, in which all waggons, carts, lleds, 
or other carriages, fhall be diredled to (land. 

Sect. 3. Be it further enaded. That faid fele6lmen 
fhall have power from time to time, to make and adopt 
fuch rules and orders, for the due regulation of all fuch 
carriages, in the flreets of the town of Bofton, as to them 
jQiall appear neceffary and expedient ; which rules and 
orders fhall be publifhed, at leaft one week, in two of 
the newfpapers printed in the faid town ; and any owner 
or driver of any carriage, who fhall offend againft any 
fuch rule or order, fo adopted and publifhed, ihall forfeit 
and pay a fum not exceeding five dollars, to be recover- 
ed upon complaint of either one of the feleclmen of 
faid town of Bofton, before any one of the Juftices of the 
Peace for the county of Suffolk ; and all fuch fines and 
forfeitures fhall be paid for, the ufe of the perfon profecu- 
ting for breach of any fuch rule or order. 

£ihis aft palfed fune 19, 1809.3 



CHAP, xxvin. 

An Ad to unite and incorporate the town of Loudon and 
diftrict of Bethlehem, in the county of Bsrkfhire, into 
one town, by the name of Loudon. 

Sect. i. JjE iV enabled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
thority of the fame. That from and after the fir ft day of Loudon incor- 
March next, the town of Loadon and the diftrid of Beth- p"""*^- 
V E lehem. 



^4 FRANKLIN ASSOCIATION. June 19, An. 1809. 

Meeting for lehcm, in the county of Berkfliire, be and they here- 
choice of offi. by are united into one town by the name of Loudon. 

Sect. 2. Be ii further enaded. That the feledmen 
of the town of Loudon be and they hereby are author- 
ized and empowered to ifl'ue their warrant in the month 
of February next, direfted to the conftables of the town 
of Loudon and diitrift of Bethlehem, or fuch other 
perfon, or perfons, as they fhall appoint for that purpofe, 
requiring them to notify and warn a meeting of the in- 
habitants of the town of Loudon and diftrid of Bethle- 
hem, fourteen days at leaft, before the firft day of March 
next, to meet and affemble on the faid firft day of March, 
ai fuch place in faid town, as the faid feledmen fhall 
appoint, for the purpofe of choofmg town officers, and 
doing fuch other bufinefs as fhall. be exprelTed in the 
faid warrant. 

Sect. 3. Be it further enaded. That all flate, county, 
town, and minifterial tastes due, and debts contracted by 
either the town of Loudon or the diftrid of Bethlehem, 
previous to the firft day of March next, fhall be paid by 
them refpeftively. 

Sect. 4. Be it further enabled. That the flock and 
property owned by the faid town of Loudon, or diftrid 
of Bethlehem, fliall from and after the faid firft day of 
March next become one entire fund, and be the property 
of the faid town of Loudon. 

[This act paiTed June 19, 1809.] 



CHAP. XXIX. 

An A<Et to incorporate Benjamin Smith and others, by 
the name of The Franklin Mechanick Aifociation. 

Sect. i. J3e it enaded by the Senate and Houfe cf 

Reprefentatives in General Court ajfembled, and by the au- 

„ r • thority of the fame^ That Benjamin Smith, Jofeph Manf- 

Perfons mcor- „,,-'-',-•( tt ^ • l i- • cr • 

porated, field, and John Hooper Gregory, with their ailociates, 

and fuch as may hereafter join with them, be and they 
are hereby incorporated into a body politick by the name 
of The Franklin Mechanick Aifociation, in Marblehead, 
for the purpofe of encouraging and promoting the gen- 
eral intereft of the arts and fciences, as well as affording re- 
lief 



FRANKLIN ASSOCIATION. Jufie 20, An, iSog, 35 

lief to the diftrelTed ; that they fliall have perpetual fuc- ^^^^^ ^^ ^^ 
ceffion by thefaid name, have power to make all bye coTpomion/ 
laws and regulations, neceflary for maintaining and 
promoting the purpofes of their inftitution, and not re- 
pugnant to the conftitution or laws of this Common- 
wealth. 

Sect. 2. Be it further enaded. That the faid Franklin 
Mechanick Aflbciation in Marblehead, be, and hereby are 
authorized and empowered tomake,and ufea common feal, 
and are hereby made liable to be fued, and empowered 
to fue, and defend in their faid corporate capacity in any 
of the courts of law of this Commonwealth, and to make Empowered to 
purchafes, and receive fubfcriptions, grants and donations 
of real or perfonal eftate, not exceeding the fum of 
fifty thoufand dollars in either, and to difpofe of their 
property at any time, as to a majority of their corporation, 
Ihall feem fit and meet, the faid majority being reftricted 
to the before mentioned purpofes of the inftitution. 

Sect. 3. Be it further enabled. That the faid fociety 
be and are hereby authorized to meet on the third Thurf- 
dayof July next and ever after, annually, on the laft Thurf- officers, 
day of December, to choofe a Prefident, Clerk, Treafu- 
rer, and fuch other officers, as to them may appear ne- 
ceffary, each to continue, until others may be chofen in 
in their room and ftead ; the faid Clerk and Treafurer to 
be fworn to the faithful difcharge of the duties of their 
feveral offices. 

Sect. 4. Be it further enaSied, That Jofeph Mansfield, 
be authorized and empowered to call a meeting of the 
members of the faid aflbciation, on the third Thurfday of 
July next, before mentioned, at fuch place as to him 
may feem proper. 

Sect. 5. Be it further enabled. That the Legiflature Tiiisaafubjea 
may, from time to time, make further provifions, and ^° ^^^^^ 
regulations for the management of this corporation, and 
may repeal the whole or part of this ad: whenever it fhall 
be deemed expedient. 

[This ad pafled June 20, 1809.] 

CHAP. 



36 SOMERSET. June 20, An. 1809. 

CHAP. XXX. 

An Ad in addition to an ad, entitled " an ad to divide 
the county of Kennebeck, and to conftitute the north- 
erly part thereof into a county, by the name of The 
County of Somerfet." 



Be 



Supreme JudL 
cial Court. 



Courts, &c. 



Appeals 

the Probate 

Court. 



Sect. i. JJE // enaBed by the Senate and Houfe of 
Reprefentathes in Genera/Court ajembled, and by the author- 
ity of the fame. That from and after the pafling of this ad, 
the Supreme Judicial Court, to be holden at Augufta, in 
the county of Kennebeck, (hall be holden for the coun- 
ties of Kennebeck and Somerfet, and fhall from time to 
time have the fame jurifdidion, power and authority for 
the trial of all adions, civil and criminal, the caufe whereof 
has arifen or fliall arife^ within the body of the county of 
Somerfet, and to hear and determine all other matters 
and things arifen, or which fhall arife within the body of 
the county ofbomerfet, and fhall have the famejurifdidion 
in all matters, ci%ul, criminal, and mixed, arifen, or which 
fhall arife in faid county of Somerfet, as if the fame adions, 
matters and things had arifen within the body of the 
county of Kennebeck. 

Sect. 2. Be it further enabled. That all bufinefs com- 
menced in the Probate Court for the county of Kenne- 
beck, as well as all adions, fuits, recognizances, matters 
cind things, pending in the court of Common Pleas and 
Court of 8effions for the faid county, prior to the firfl 
day of June in the prefent year, fhall be heard, tried and 
finally determined in the county of Kennebeck, in the 
fame manner as though the county of Somerfet had not 
been incorporated. 

Sect. 3. Be it further enaded, That all appeals which 
frt)m may be claimed according to law, from the decrees or 
orders of the Judge of Probate for the county of Som- 
erfet, fhall and may be heard and determined by the Sti- 
preme Judicial Court, to be holden in faid county of 
Kennebeck, in the fame way and manner as appeals from 
the orders and decrees of the Judge of Probate for the 
county of Kennebeck, may be heard and determined. 

Sect. 4. Bt it further enabled, Ihat all perfons com- 
mitted to jail in. the county of Kennebeck, from the 

county 



ATTORNEY GENERAL, ^c. June 20, An. 1809. 37 

county of Somerfet, Ihall be entitled to the fame benefits 
and indulgences, as though they lived or had their homes 
in the county of Kennebeck, and it is made the duty of 
the proper magiftrates and officers in the county of Ken- 
nebeck, to adminifter all oaths and perform all the fer- 
vices which may be neceffary for that purpofe : Provided, Provifo. 
all expenfes incurred by the operation of this fedion of 
this a£l, (hall be defrayei by the county of Somerfet. 

Sect. 5. Be it further enacted. That the refpe6live 
Juftices of the Peace for the county of Somerfet, who 
ihall be duly commiffioned and qualified as fuch, are J,",^;'," °^ *^' 
hereby authorized to iffue alias and pluries executions 
on all judgments, recognizances or acknowledgment 
of debts, heretofore recovered or taken before them, re- 
fpe£tively, as Juftices of the Peace for the county of Ken- 
nebeck, in the fame manner as they might by law have 
done, as Jultices of the Peace for the county of Kenne- 
beck, if faid county of Somerfet had not been incorpo- 
rated. 

[This ad paffed 'June 20, 1809.] 



CHAP. XXXI. 

An Ad repealing the firft fedlion of an ad entitled, " an 
ad refpeding the offices and duties of the Attorney Gen- 
eral, Solicitor General, and County Attornies.** 

XjE it enaSled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
thority of the fame, 1 hat the firft fedionofan ad entitled 
*' an ad refpeding the offices and duties of the Attorney 
General, Solicitor General and county Attornies," paffed 
on the twentieth day of June, in the year of our Lord one 
thoufand eight huudred and feven, be and the fame is 
hereby repealed. 

[This ad paffed June 20, 1809.] 

CHAP. 



3a GRANVILLE TURNPIKE, ^c, June 20, An. 1805 

CHAP. XXXII. 

An Ad to eflablifh a corporation by the name of The 
Granville Turnpike Corporation. 

Sect. i. JLjE it enaded by the Senate and Houfe of 
Reprefentatives in General Court ajfe?nbled, and by the au- 
perfons ineor- *^^^'^y ^f ^^^ fame. That Juftus Rofe, of Granville, in 
porated. ' the county of Hampfliire, together with fuch others as 
have or may hereafter afTociate with him, their fucceflbrs 
and afligns, be and they hereby are made a corpora- 
tion by the name of The Granville Turnpike Corpora- 
tion, for the purpofe of making and keeping in repair a 
turnpike road from the fouth line of this Commonwealth, 
at or near the ending of a turnpike road lately eflablifh- 
ed by the ftate of Connedlicut, from the city of Hart- 
ford, to faid fouth line of Maffachufetts, thence through 
the eaft parifli of Granville into the town of Blanford, in 
the fame courfe and direction in which the road of the 
Eleventh Maffachufetts Turnpike Corporation was lately 
located, till it interfeds a county road near the houfe of 
Jedidiah Smith, Efq. leading from Blanford to Loudon ; 
and for this purpofe fhall have all the powers and privi- 
leges, and be fubje£t to all the duties, requirements and 
penalties contained in an a6l, entitled an " aft defining 
the general powers and duties of 1 urnpike Corpora- 
tions,'* paffed the fixteenth day of March, in the year of 
our Lord one thoufand eight hundred and five. 

Sect. 2. Be it further enaded. That the faid corpo- 
ration fliall be allowed to ereft one gate on the faid road, 
at or near the dwelling houfe of the faid Juftus Rofe. 
[Ihis ad paffed June 20, 1809.] 



CHAP. XXXIIL 

An Ad fupplementary to the a6t, for providing and reg- 
ulating of Prifons. 

Sect. i. jlJE it enaded by the Senate and Houfe of 
Reprefentatives in Ge?ierai Court affembled, and. by the au- 
thority of the fame ^ that any perfon confined in any prifon, 

who 



BEVERLY INSURANCE. "June 20, An. 1809. 39 

who hath given, or may hereafter give bond for the lib- pnfoners to 
erty of the yard, purfuant to the a6t, to which this is a fup- have the liber- 
plement, may and fhall be at liberty hereafter in the day ^"^^"^^ ^ y^"" ' 
time to pafs over any highway, or into any houfes, lands or 
tenements,within the limits of the yard,as fixedand determ- 
ined by the courts offeflions,and to abide and remain there- 
in without being deemed to have committed an efcape, 
or forfeited any fuch bond ; Provided however^ that noth- Provlfo. 
ing herein contained Ihall be conftrued to authorize any 
trefpafs upon the property or pofleffion of the owner, or 
tenant of any fuch houfes, lands or tenements, or to af- 
fe£i; any adion or fuit now pending upon any fuch bond. 

Sect. 2. Be it further ena^ed. That no action ^^^11 No^^^aion ^w 
hereafter be maintained for the breach of any bond given breach"of'bond| 
or to be given, for liberty of the yard as aforefaid, unlefs ^^'^^p'^ within 
fuch aftion be brought within one year from and after °°^ ^^"' 
fuch breach ; Provided^ that nothing herein contained pro^jf,, 
fhall affeft any aQ:ion or fuit, now pending on fuch bond 
as aforefaid. 

[This a£t pafled June 20, 1809.] 



, CHAP. XXXIV. 

An Adi to incorporate Nicholas Thorndike and others, 
into a company by the name of The Beverly Marine In- 
furance Company. 



Sect. i. IJE it enabled hy the Senate and Hotcfe of 
Reprefentatives in General Court ajfembled, and hy the au- perfons ihc#r* 
thority cf the fame, That Nicholas Thorndike, William porated, 
Leach, and Jofiah Gould, and all others who have alrea- 
dy ,or fhall hereafter become Stockholders in the faid 
company, being citizens of the United States, be, and 
they hereby are incorporated into a company, or bo- 
dy politick, by the name of The Beverly Marine Infurance 
Company, for and during a term which Ihall not exceed 
twenty years from the pafling of this ad, and by that 
name may fue and be fued, plead or be impleaded, ap- 
pear, profecute and defend to final judgment and exe- 
cution, and m.ay have a common feal which they may 
alter at their pleafure, and may purchase, hold and con- 
vey 



40 



BEVERLY INSURANCE. 



June 20, An. 1809. 



vey any ellate real or perfonal, for the ufe of faid com- 
pa»)y, fubjed to the reftriftions hereafter mentioned. 

Capital Stock. Sect. 2. Be it further enabled ^ That the capital ilock 
of faid company, exclufive of premium notes, or profits 
arifing from the bufmefs of faid company, Ihall be one 
hundred thoufand dollars, of which not more than twen- 
ty thoufand dollars (hall at any time be inverted in real 
eftate ; and faid capital flock, fhall be divided into one 
thoufand fhares. 

©ireaors. Sect. 3 Be it further enabled. That the ftock, pr^'p- 

erty and interefls of faid company, fhall be managed and 
conduded by feven Directors, who fhall hold their offi- 
ces refpedively one year, and until others fhall be cho- 
fen, and no longer ; and fhall be eleded on tlje fourth 
Monday of July, in each and every year, at fuch time of 
the day, and in fuch place in the town of Beverly, as a ma- 
jority of the Direftors for the time being fhall appoint ; 
of which eleftion publick notice fhall be given in the 
Salem Gazette, or in fome other Newfpaper, which 
Ihall be printed in the town of Salem, two weeks fuccef- 
fively, immediately preceding faid eledion ; and the Di- 
redors who fhall be chofen, fhall meet as foon as may be 
after each eledion, and fhall choofeone of their number 

Prefident. to be Prefident, to continue in office for one year ; and 
the Prefident and Direftors who fhall be thus eleded, 

Tobefworn. fhall be fworn to the faithful difcharge of the duties of 
their refpedive offices ; and in cafe of the death, refig- 
nation or inability to ferve of the Prefident, or of any Di- 
redor, fuch vacancy, or vacancies fhall be filled for the 
remainder of the year, in which they fhall happen, by a 
fpecial eledion for the purpofe, which fhall be notified 
and holden in the fame manner herein before prefcribed 
refpecting annual eledions of Directors ; and all elec- 
tions and other queftions fhall be decided by a majority of 
the votes of the flockholders prefent, allowing one vote 

ftovifo to each fhare in the capital flock ; Provided, that no flock- 

holders fhall be allowed more than ten votes, and that 
in the choice of Diredors the flockholders not prefent, 
may vote by proxy, under fuch regulations as the com- 
pany fhall prefcribe ; and the faid Directors fhall have 
power to allow to the Prefident annually, a reafonable 
falary or compenfation for his fervices. 

Sect, 



BEVERLY INSURANCE. June 2^0, An. 1809. 4'^ 

Sect. 4. Be it further enaded. That no perfon fhall be 
eligible aS a Direaor of the company by this aaeftablifh- J^oS^f 
ed, who fhall not be a fliockholder in faid company, or 
tvho fhall be a director of any other company, carrying 
on the bufinefs of Marine Infurance. 

Sect. 5. Be it further enaBed, That the Prefident and 
Diredors (hall have full power to make and prefcribe fuch 
bye laws, rules and regulations, as to them fhall appear 
needful and proper, refpefting the management of the 
flock, eflate and effects of faid company, and the transfer 
of the fhares, and touching the duties and conduct of the 
feveral officers, clerks and fervants employed ; the 
meetings of the flockholders, and of the Diredors, the 
manner of voting in fuch meetings, and all fuch matters 
as appertain to the bufmefs of Marine Infurance ; and 
fhall alfo have power to appoint a Secretary and fo ma- 
ny Clerks, agents and fervants, as they fhall fmd to be 
neceffary, and to allow to the perfons who fhall be thus 
appointed, reafonable falaries and compcnfations : Provi^ Provif»;' ' 
dedy that fuch bye laws, rules and regulations be not re- 
pugnant to the conftitution or laws of this Common* 
we:^lth. 

Sect. 6. Be it further enaSled, That the fum of thirty 
dollars on each fhare of the capital flock of faid company 
fhall be paid within thirty days after the firft meeting 
of the llockholders, and that the refidue of each fhare 
fhall be paid within twelve months from the term limited 
for the faid payment, at fuch inflalments, and in fuch 
manner, and under fuch penalties, as the faid company 
fhall direa. 

Sect. 7. Be it further ertaBed^ That there fhall Meetings, 
be flated meetings of the Dire6lors, at leafl four times in 
each year, and whenever the Prefident and Directors 
fhall deem proper ; and the Prefident and a committee 
of two of the Directors to" be by him appointed in rota- 
tion, fhall affemble daily, if neceffary, for the tranfaclion 
of bufinefs ; and the faid board of Directors or the Prefi- 
dent and committee aforefaid, fhall have power and au- 
thority on behalf of the company, to make infurances on inrurance. 
veffels, freights, money, goods, and effefts, and againfl 
captivity of perfons, and on the life of any perfon during 
his abfence by fea, and in cafes of money lent upon bot- 
tomry and refpondentia, and to fix the premium and 
F terms 



42 



BEVERLY INSURANCE. 



"June 29, An. 1809. 



the Prelident. 



Provlfo. 



Amount of 
flock to be pub' 
liflied. 



terms of payment ; and all policies of infurance by them 
Policies to be made fhall be fubfcribed by the Prefident, or in cafe of 
fubfcribed by jjjs death, ficknefs or inability, or abfence, by any two of 
the Directors, and counterfigned by the fecretary, and 
fhall be binding and obhgatory upon the faid company, 
and have the like effeft and force as if under the feal of 
the company ; and all loffes arifing under any policy fo 
fubfcribed, may be adjufted and fettled by the Prefident 
and board of Diredors, and the fame fhall be binding on 
the company : Provided, that noinfurance Ihall be made 
by the faid Prefident, Directors or company until the faid 
firft inftalment of thirty dollars on each Ihare of the cap- 
ital (lock, fhall be fully paid. 

Sect. 8. Be it further enaEled, That the Prefident and 
Directors of faid company fhall, previous to their fubfcri- 
bing any policy, and once in every year after publifh, in 
fome Newfpaper printed in Salem, the amount of their 
ftock, againfl what rifks they mean to infure, and the 
largeft fum they mean to take on any one rifk j but in no 
cafe fhall they be allowed to take a greater fum than 
ten per centum on the amount of their capital flock ac- 
tually paid in. 

Sect. g. Be it further enacted. That in cafe of any 
lofs or loffes taking place, equal to the capital flock of 
faid company, or to the amount of faid capital ftock, ac- 
tually paid in, if the Prefident or Dire6lors knowing of 
fuch lofs or loffes, fhall fubfcribe to any policy or policies 
of infurance, the faid Prefident or Directors and their efl- 
ates fhall be liable and accountable, jointly and feverally, 
for the amount of any and every lofs which fhall take 
place under policies fo fubfcribed. 

Sect. 10. Be it further enaded. That it fhall be the 
duty of the Prefident and Dire£lors on the fourth Monday 
of January and July, in every year, to make dividends 
of fo much of the interefl arifing from their capital flock, 
and the net profits of the faid company, as to them fhall 
appear advifable, except monies received, and notes ta- 
ken for premiums on rifks yet undetermined, which fhall 
not be confidered as part of the profits of the company ; 
which dividends fliall be payable at the office of the com- 
pany, and in cafe of any lofs or loffes, whereby the cap- 
ital flock of the company fhall JDe leffened before all the 
inftalments are paid in, each flockholder's eflate fhall be 

accountable 



Individual 
tates made 
countable. 



BEVERLY INSURANCE. June 20, An. 1809. 43 

, accountable for the inflalments that may remain unpaid 
on his Ihare or fhares, at the time of fuch lofs or lofles ta- 
king place ; and no fubfequent dividend jfhall be made, 
until a fum arifing from the profits of the bufinefs of the 
company equal to fuch dimunition Ihall have been added 
to the capital ; and that once in every three years, and of- 
tener if required by the ftockholders, the Direftors fhall 
lay before the company at a general meeting an exact 
and particular ftatement of the profits, if any there be, af- 
ter deducing lolTes and dividends. 

Sect. 11. Be it further enaded. That the faid com- stock to be m- 
pany fhall not, diredly or indirectly, be concerned in ^efted. 
buying or felling any goods, wares, merchandize or 
commodities vi^hatever ; and the capital flock of faid 
company, except that part which fhall be inverted in re- 
al eflate, fhall within the term of fix months after pay- 
ment of the fame, be inverted either in the funded debt 
of the United States, or of this Commonwealth, or in 
the ftockof the United States bank, or of any incorpo- 
rated bank in this Commonwealth, at the difcretion of 
faid company. 

Sect. 12. Be it further enaded. That the Prefident 
and Directors of faid company fhall, whenever required 
by the Legiilature of this Commonwealth, ' lay before 
them a true rtatement of the affairs of faid company, 
and fhall fubmit themfelves to examination under oath 
concerning the fame. 

Sect. 13. Beit further enabled. That Nicholas Thorn- pj« 
dike, William Leach, and Jofiah Gould, aforefaid, or "^ ^ "'^ 
any two of them, are hereby authorized to call the firft 
meeting of the members of faid corporation, as foon as 
may be, in faid Beverly, by advertifjng the fame for two 
weeks in the Salem Gazette, printed in the town of Sa- 
lem. 

[This ad paffedy^/wf 20, 1809.] 



CHAP. 



4f GUNPOWDER. June 20, An. 1809. 

CHAP. XXXV. 

An A£l to provide for the ftoring and fafe keeping of 
Gunpowder in the town of Cambridge, and to prevent 
damage from the fame. 

Sect. i. -De // enaded by the Senate and Hcufe of 
Reprefentatives in General Court ajfembled, and by the au- 
thority of the fame. That after the firft day of September 
next, it fhaii not be lawful for any perfon living in faid 
town, to keep or have in any houfe, (tore, or other buiU 
building within faid town, except fuch building as 
ihall be provided for that purpofe, and approved by 

Weight limited, by the fire-wards and feledmen of laid town, more than 
fifty pounds weight of gun-powder at any one time, nor 
any quantity thereof, unlei's the fame iliall be kept in 
brafs, copper, or tin cannifters ; and if any perfon or 
perfons fhall fo have or keep in any building, any gun- 

Penaity. powder contrary to the provifions aforefaid, he Ihall for- 

feit and pay the fu]l value of the fame, one moiety thereof* 
to the ufe of the perfon who fliall inform, complain or 
fue for the fame, and the other moiety to the treafurer of 
the town of Cambridge, to the ufe of the poor of the town 
aforefaid, to be recovered with cofts, by information or 
indi£lment in the court of Common Pleas, or by adioa 
on the cafe before any court, having by lavi^ jurifdidion 
and power to try the fame ; and any Juftice of the Peace 

Juftice toJiTue of faid county, on Preformation fupportedby oath, is here- 
swarran. by authorized to ilTue his warrant, returnable to himlel.f 
I within fixty days, direjfted to any fire-ward or confiable 

of faid town of Cambridge, requiring him forthwith to 
feize any quantity of gun-powder kept in any building in 
faid town, contrary to this a£t, and to remove the fame 
to the powder houfe, to be there kept as fecurity for the 
penalty incurred by the owner or polTeflbr thereof, and un- 
til fuch penalty, with the cod of feizing, removing and 
ftoring, the fame, fhall have been paid ; and fuch fire-ward, 
or conftables having fuch warrant may feize and remove 
any fuch gun-powder in the day time, giving notice to 
the owner of faid powder, or occupant of the building 
where the fame may be found, by reading fuch warrant to 
him, or leaving an attefted copy thereof at his ufual place of 
abode in faid town. And the keeper of the powder houfe 

fhali 



GUNPOWDER. June 20, An. 1S09. 4^ 

ihall receive and keep the fame until the clerk of the 
Court in which the information, indidtment or action of 
the cafe had been pending, fhall certify that faid fuit or 
procefs is at an end, and fettled, or unlefs property ihall 
have been attached on faid procefs, or fecurity given by 
the perfon who has incurred the forfeiture, to refpond 
the judgment. And in every cafe the proprietors of the 
powder houfe (hall have a lien on the powder flored there- 
in, for their fees due for fuch ftorage. Perfons \^^^ 

Sect. 2. Be it further enaded^ 1 hat John Hayden and porated. 
-his aflbciates, be and hereby are incorporated and made 
a body politick by the name of the Powder Houfe Cor- 
poration, and may have and enjoy all the powers and priv- 
ileges, which are by law incident to corporations, for the 
piiroofe of building a powder houfe in Cambridge, afore- 
faid,for the ftorage and fafe keeping of gunpowder; and to 
purchafe and hold a fuitable piece of land on which to 
ereft the fame, the place and building to be approved and 
accepted by the firewards and feledmen of Cambridge. 

Sect. 3. Be it further ena^ed^ That faid Powder-houfe Superbtend- 
Corporation, fhall conftantly keep a fuitable perfon, who ^°'~" 
fhail be approved by the fire-wards of faid town to fuper- 
intend faid powder houfe, and fhall be obliged to receive 
and deliver powder into and from the fame, and fhall be hu duty -^a 
allowed to receive at the rate of five cents per month, for fees. 
the florage of every cafk of gunpowder containing twenty 
five pounds, and in proportion for a larger or fmaller 
quantity ; and at the rate of two and a half cents per 
month for every cafk. of like weight for every month after 
the firft, during all the time which it fliall be ftored or 
kept therein, and twenty five cents upon each delivery of 
any quantity thereof; and the proprietors of faid pov/der 
houfe fiiall be held refponfible both in the corporate and 
individual property to any owner or depofitor of powder 
in faid houfe, for any damage arifing from the deficiency 
of faid houfe, or the refufal, delay, or grofs negligence 
of the keeper. 

Sect. 4. Be it further enaded. That the faid John Krft meeun;j 
Hayden, (hall have a right to call the firfl meeting of ^^^^ 
faid Corporation, by pofting up notice thereof at two 
publick places in faid town at leafl five days previous to 
fuch meeting, at which time they may choofe fuch offi- 
cers for the management of faid corporation, as they 

may 



46 BANKS. *June 20, An. 1809. 

may think fit, and make fuch bye laws for their own 
regulations, as are not repugnant to the laws of this Com- 
monwealth. * 
This aa fiib- Sect. 5. Be it further enaded. That the Legiflature 
jP torepea. jjiay at any time after two years from the paffingofthis 
ad, repeal, alter or amend the fame. 

[]This aO: paifed June 20, 1 809.] 



tiable. 



CHAP. XXXVI. 

An Adi in addition to an adl, requiring the feveral incor- 
porated Banks in this Commonwealth, to adopt the 
Stereotype Steel Plate in certain cafes, and for other 
purpofes. 

Xj E it ena6led by the Seriate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
mis not negO' thority of the fame. That from and after the firft day of 
September next, no perfon fhall pay in difcharge of any 
contract or bargain, or for any valuable confideration 
whatever, any bill or bills ilTued by any bank or banking 
company, other than the bank of the United States, or 
the feveral incorporated- banks in this Commonwealth, of 
the denomination of five dollars, nor any bill or bills if- 
fued by any bank or banking company whatever, where- 
in a fradional part of a dollar is exprefled, under a 
penalty of twenty dollars for each and every bill fo paid, 
to be recovered of the perfon or perfons fo paying the 
fame, by action of debt, with cofts of fuit, or by indict- 
ment by the grand jury in the Supreme Judicial Court, 
Court of Common Pleas, or the Municipal Court in the 
town of Bofton, to the ufe of the perfon who (hall, within 
one year thereafter, fue or profecute for the fame ; in 
which fuit or profecution, the perfon who Ihall receive 
the fame bill or bills, may be admitted as a competent 
witnefs ; and the bill or bills which fhall be paid as afore- 
faid fhall be forfeited to the ufe of the perfon or perfons 
>yho fliall fue or profecute as aforefaid. 

[This a6t palTed June 20, 1 809.] 

CHAP. 



Penalty. 



BANKS. June 20, An. 1809. 47 

CHAP. XXXVIL 

An A£l to enforce the payment of Bank Notes. 

Sect. i. I^Y, it enaded by the Senate and Houfe of 
Reprefentatives in General Court affembled^ and 'by the au- 
thority of the fame. That from and after the firft day of 
January next, if any incorporated bank within this Com- 
monwealth, ihall refufe or negleO; to pay on demand Bills payable 
any bill or bills by fuch bank iffued, fuch bank fliall be "'^ demauA 
liable to pay to the holder of fuch bill or bills, after the 
rate of two per cent, per month, on the amount there- Penalty. 
of, from and after the time of fuch negleft or refufal ; to 
be recovered as additional damages in any adion againft 
faid bank for the recovery of faid bill or bills. 

Sect. 2. Be it further enabled. That from and after buis not nega^ 
the firft day of January next, the bank bills, or notes of tiabie. 
any banking company not incorporated by this Common- 
wealth, other than the'bank bills of the United States 
bank, and its branches, Ihall not be received as a depofite, 
or in any other way be negotiated, loaned or paffed in 
payment by any of the banking corporations in this . 
Commonwealth, or by the Bofton Exchange Office, un- 
der the penalty of one thoufand dollars for each offence, Penaitp 
to be recovered by a6tion of debt in any court proper to 
try the fame, to the ufe of the perfon who fhall fue there- 
for. 

[This ad paifed y««<? 20, iSog.J 



END OF JUNE SESSION, 180j». 



INDEX 

TO THE LAWS PASSED JUNE, 1809^. 



Academy, Monmouth Free Grammar School chang- 
ed into an 25 

Affociation,Mechanick, Franklin, in Marblehead, incorpo- 
rated 24 

Attorney and Solicitor Generals, and County Attornies, 

1 ft fection of a£t refpeding offices and duties, repealed 3 7 

B 

Bofton Board of Health, additional, excufmg the mem- 
bers from military duty 1 1 
Mill Corporation, enabled to divide their eflate 12 
Streets, paving of regulated, additional, 32 
Bridge, Somerfet, proprietors incorporated 27 
Banks, to adopt the ftereotype fteel plate 46 
Notes, payment of to enforce ^ 



Calais incorporated -5 

Courts Probate, in Hampfhire, places for holding deter- 
mined, additional y 
Seffions, in Wafllington, empowered to ere£l a 
gaol in Eaftport y 
Supreme Judicial, additional, eftablilhing the Juf- 
tices* falaries 

Powers of Seffions transferred to the Common 
Pleas, &c. 22 

Common Pleas, Middlefex, two extra Seifions 
provided for 2^ 

G 



'3 



INDEX. 

Corporation,' Salem India Wharf, eftablilhed i^ 

Canal, Middlefex, additional 23 

G 

Gun powder for fafe keeping in Cambridge 44 

I 

Infurance Social Company, in Marblehead eftablifhed 13 

Iniurance Marine, Beverly do, 39 

Incorporation of towns, Calais 3 

Eafthampton 1 1 

Whitfield 26 

Bethlehem with Loudon 33 

M 

Manufaftory Glafs in Chefhire incorporated 8 

Cotton in Plymouth do. i© 

Glafs in Bofton do. 18 

Leather in Hampfhire do. 21 

N 
Names of certain perfons changed 24 

P 

Parifh, Byfield, line between it and the ift and 3d par- 
iflies in Newbury, and eaft parifh in Bradford, eftab- 
lilhed ^ 5 

Pier, Kennebunk, provifions of an ad incorporating 

the proprietors, extended 10 

Prifons, Supplementary a6t for regulating 38 

R 

Readfreld, Thirty Mile Strip annexed to 9 



I 



INDEX. 
S 

Society FIrft Congregational in Tyrringham, incorpora- 
ted 
Third Religious in Augufta 32 

Somerfet County, additional ^5 



Turnpike, Worcefter and Stafford, additional 2^ 

Granville, eftablifhed 38 

Towns, power and for choice of officers, additional 30 



LAWS 

i^ASSED AT THE SESSION, COMMENCED ON THE 
TWENTY-FOURTH OF JANUARY, 

QNE THOUSAND EIGHT HUNDRED AND TEN. 



CHAP. XXXVIIL 

wAh Acl to fet off certain lands belonging to the town of 
Taunton, and to annex them to the town of Berkley, 



Sect. i. AjF. it enaded by the Senate and Houfe of 
Reprefentntives in General Court ajfembled, and by the au- 
ihoriiy of the fame^ That all the lands belonging to Sim- 
eon Burt, Abner Burt, Edmund Burt, and the heirs of 
Stephen Burt, deceafed, which belong to the town of Taun- J^'^BtrUey;*^^ 
ton, but he within the bounds of the town of Berkley, with 
allthe buildings Handing on the fame, be, and they arehere- 
by fet off from the town of Taunton, and ffiall be annex- 
ed to, and made a part of the town of Berkly : Provided 
however. That the faid Simeon Burt, Abner Burt, Ed- 
mund Burt, and the heirs of Stephen Burt, fhall be holden. 
to pay their refpedive proportions of all flate, county, 
town, and parifh taxes affeffed upon them, and due to th$ 
faid town of Taunton, prior to the date of this a61:. 

Sec. 2. Be it further enaded. That there Ihall betaken 
from the town of Taunton, and be added to the town of 
Berkly, three cents in the ftate valuation, which fhall be 
the rule for affeffmg the faid towns for ftate and county 
taxes, until there fhall be a new valuation taken. 

[This Aa paffed i^^^, 6, 1810.] 

CHAP. 
H ^ 



54 TOWN OFFICERS, ^c. February 6, 1810. 



CHAP. XXXiX. 

, An Ad repealing an act, entitled, An ad for regulating 

Towns, fetting forth their power, and for the choice of 
Town Officers, and for repealing all laws heretofore 
made for that purpofe. 

j3E it enaded by the Senate and Houfe of 
Reprefentatives in General Court ajfembled^ and by the au- 
A<a repealed, thority of the fame ^ That an atl, entitled " An atl in ad- 
dition to an a6i, entitled An a£t for regulating Towns, 
fetting forth their power, and for the choice of town of- 
ficers, and for repealing all laws heretofore made for 
that purpofe," pafled on the nineteenth day of June, in 
the year of our Lord one thoufand eight hundred and 
nine, be, and the fame is hereby repealed. 

[ rhis ad palTed fV(^. 6, i8io.] 



CHAP. XL. 

An Ad in addition to an ad, entitled, " An ad for incor- 
porating certain perfons for the purpofe of building a 
bridge over Charles River, between Cambridge and 
Brighton, in the county of Middlefex.'* 



B. 



>£ // enabled by the Senate and lloufe of 
Reprcfentaiives in General Court afjembled, and by the au- 
thority of the fame. That a further time of one year from 
and after the fecond 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 author- 
ized to build by the ad, entitled, " an ad for incorpora- 
ting certain perfons for the purpofe of building a bridge 
over Charles River, between Cambridge and Brighton m 
the county of iViiddlefex.*' 

[This ad pafled jF6'^. 13, 18 10. J 

CHAP. 



WINTHROP FACTORY. February 13, 1810. S5 

CHAP. XLI. 

An Act to incorporate NiUhaniel Fairbanks and others, by 
the name of The Winthrop Cotton and Woollen Fac- 
tory Company. 



Sec. 1. J3E // enabled by the Senate and Houfe of 
'Reprefentatives in General Court ofjembled^ and by the au- 
thority of the fame. That Nathaniel Fairbanks, Hufhai Perfons incor- 
Thomas, Peleg Benlbn, Elijah Wood, Adin Stanley, p°"''^- . 
Nathaniel Morton, Luke Perkins, Dean Howard, Peter 
Stanley, John May, Samuel Benjamin, jun. Jofeph Tink- 
ham, Samuel Clark, Samuel Reed and Edmund Froft, 
together with fuch others as may h-ereafter affociate with 
them, their fucceflbrs and afli2:ns, be and thev are hereby 
made a corporation, by the name or The Winrhrop Cot- ^^^^ 
ton and Woollen Fadlory Company, for the nurpofe of 
manufaduring cotton and woollen in the town of Win- 
throp, in the county of Kennebeck ; and for the purpofe 
aforefaid, fhall have all the powers and privileges, and Powers 
fliall alfo be fubjed: to all the duties, requirements and 
difabilities prefciibed and contained in an aft, entitled, 
'* an aft defining the general powers and duties of man- 
ufacturing corporations," pafTed the third day of March, 
eighteen hundred and nine. 

Sec. 2. Be it further cnaffed. That the faid corpora- 
tion, in their corporate capacity, fhall and may lawfully 
hold and poiTefs real eftate not exceeding thirty thoufand 
dollars, and perfonal edate not exceeding ninety thoufand 
dollars, as may be necefiary and convenient for carrying 
on the manufadure of woollen and cotton in the faid 
town of Winthrop. 

[This a6l pafled iv^. 13, 1810.] 



56 MASS. BIBLE SOCIETY. F^ruary 15, 1810. 

CHAP. XLII. 

An Act to incorporate The Bible Society of Mallachufetts. 

Preamble. VV HERE AS the perfons hereafter nam- 

ed in this aft, together with many other citizens of this 
Commonwealth, have formed themfelves into a Society 
for the purpofe of raifmg a fund by voluntary contribu- 
tion, to be^ appropriated in procuring bibles and tefla- 
ments of the verfion in common ufe in the churches of 
Nev/' England, for diftribution among all perfons inhab- 
iting within the ftate and elfewhere, who are deftitute of 
the facred fcriptures, and who cannot be conveniently 
fuppiied without the aid of others. And whereas, in or- 
der that the pious and laudable objeds of faid fociety may 
be better carried into effeft, and the charity of faid fo- 
ciety more extenfively diffufed, they have, by their com- 
mittee, prayed ior an a£l of incorporation. 

Sec. I. BE it therefore enadcd by the Senate and Houfe of 
Reprefentatives in General Court affemhled^ and by the author' 

Perfons mcor- ^^J ofthefa7ne. That William Phillips, Efq. the Rev. John 

porated. Lathrop, D. D. Rev. Joleph Eckley, D. D. Rev. James 

Freeman, Rev. Eliphalet Porter, D. D. Rev. Abiel 
Holmes, D. D. Rev. Ths. Baldwin, D. D. the Hon. Wil- 
liam Brown, Francis Wright, Efq. Hon. Ifaac Parker, 
Hon. Peter C. Brooks, John I'ucker,' Efq. Jofeph Hurd, 
Efq. Mr. Jofeph Sewall, Redford Webfter, Samuel Park- 
man, Jofeph May, and Henry Hill, Efqrs. the Rev. John 
Pierce, the Rev. Jofeph S. Buckminfter, and Mr. Samuel 
H. Walley, together with thofe who have aflbciated, and 
who may hereafter affociate v/ith them, for the purpofes 
aforefaid, be and they hereby are incorporated into a fo-- 
ciety, by the name of The Bible Society of Maffachufetts. 
Sec. 2. Be it further cnaded^ That the faid W^illiam 

\°hi\[e e^^ Phillips, and others above named, and their affociates, 
fhall be and lemain a body corporate, by the faid name 
and title, during the pleafure of the Legiflature, and may 
have a feal which they Pyiay alter at pleafure ; and the 
faid fociety fhall be capable of taking, and receiving from 
any perfons difpofed to aid the benevolent purpofes of this 
iRftitution, any grants or devifes of lands and teitements 

in 



FIRE IN CHARLESTOWN. lehruary 15, 1810. 57 

in fee fimple or otherwife, and donations, bequefts, and 
fubfcriptions of money or other property, to be ufed and 
improved for the purpofes aforefaid. 

Sec. 3. Be it further emided^ That the faid corpora- 
tion fhall he, and hereby are empowered to purchafe and 
hold any real eftate other than that which may be given 
as aforefaid : Provided^ The Talue of the whole ellate, real 
or perfonal, of faid fociety, fhall not exceed the funi of 
one hundred thoufand dollars. 

Sec. 4. Be it further enadied. That the faid fociety j^j.^^ f,,^ ^^ 
may fue and be fued in their corporate capacity, and be fucd. 
may appoint an agent or agents to profecute and defend 
fuits with power of fubftitution. 

Sec. 5. Be itfurther enacted. That faid fociety may 
choofeaPrefidenr,Vice-Prefident, Treafurer, Secretaries, ^^""•" 
Truftees, and fuch other officers as they fhall fee fit ; and 
may make and eflablifli fuch rules and regulations as to 
them fhall appear necelTary : Provided, The. fame be not re- 
pugnant to the laws orconflitution of this Commonwealth, 

Sec. 6. Be it further enaBed, That William Phillips, 
Efq. be and he hereby is authorized by notification in a- 
ny two of the newfpapers printed in Boflon, <q appoint 
the time and place of the firfl meeting of faid fociety, at 
which meeting the faid fociety may appoint the time and 
place of their annual and other meetings, and the man- 
ner of notifying the fame ; may choofe the ofncers afore- 
faid, may prefcribe their duty, and may vefl in the trui^ 
tees, the number of which may be determined by the faid 
fociety, but fhall not exceed thirty, iiich powers, conform- 
able to the principles of this inftitution, as fhall be deem- 
ed necelfary. 

[This aft pafTed Feb. 15, 18 10.3 



CHAP. XLIir. 

Kn Acl for the better fecurity of the town of Charlef- 
town againfl Fire. 



Sec. I. JDE // enaclcd by the Senate and lioufe of 
Reprefentatives in General Court ajfmhled, and liTy the au- 
thority ofthcfam?, Ihat from and ^fter the firft day of 

Auguft 



58 FIRE IN CHARLESTOWN. February i 



1«IC 



No wooden Auguft ncxt, HO pubHck bulldings of any kind whatfo- 
^'"eS°w*id!in ^^'^^»^^^1 t)e ereded or built in the town of Charlefiown 
certain limite. within the Dcck, (fo Called) from the bridge over the 
canal/ thence to Medford river, by the neareft courfe 
one wayj and from the fame bridge by the mill pond the 
the other way, unlefs all the external fides, and ends 
thereof, fliall be built or compofed of brick or {tone, ex- 
cept fo much as fhall be neceifary for doors and windows. 
And that all other buildings, of any kind whatfoever. 
Other rcfiric- hereafter ereded, more than twelve feet high from the 
ground to the highefl point of the roof thereof, fhall 
have one of the largeft fides, or two ends thereof built of 
brick or flone, except fo much as fhall be neceifary for 
doors and windows ; when the houfe or other buildings 
fhall fland with the end to the flreet, the backs fliall be 
built of brick or ftone to the plate ; when the front ftands 
to the {lreet,the ends fhall be of brick or ftone, and fliall rife 
in battlements at lead; three feet above the roof, and no 
brick or ftone wall fliall be deemed fufficient within the 
meaning of this a£t, unlefs the fame fliall be at leaft twelve 
inches thick in the lower ftory, and eight inches , thick a- 
bove the lower ftory. And all double houfes, viz. where 
two houfes join together, fliall have a partition wall, v;hich 
fhall be built of brick or ftone at leaft twelve inches thick, 
and fhall rife in battlements at leaft three feet above the 
roof. And every houfe fhall be provided with a fcuttle 
through the roof, and a conveyance to and through the 
fame and a fafe railing on the roof of the houfe ; and all 
additions which fhall be made on the ground to buildings 
already ereded, fhall be confidered within the reftric- 
Provlfo. tions and regulations of this a6t : Prcuidcd never thelefs^ 

That upon any wharf, marfh or other place, where no fuf- 
ficient foundation for walls of brick or ftone, can be ob- 
tained without unreafonable expenfe, upon permifTion of 
the felcdtmen, wooden buildings may be eredled : Pro- 
'vided^ All the external fides thereof fliall be covered with 
lime, mortar, or feme incombuftible compofition. 
Penalty for a Sec. 2. Be it further enoficd. That every perfon who 
breach of thi' fhall ercci, or 7{i\f:\ to, or caufe to be erected, or added to 
'*'^' any building in laid town of Charieftown within the limits 

aforefaiJ, contrary to the true intent and meaning or a- 
giiinft the provifions of this att, fliall forfeit and pay a 
fine not lei's than fifty collars, nor more than five hun- 
dred 



FIRE IN CHARLESTOWN. February 15, i8ic. 

dred dollarSj according to the natjare and aggravation of 
theoffence, to be recovered by information in theSupreme 
Judicial Court in the county of Middlefex, which it fhall 
be the duty of the Attorney General and Solicitor Gen- 
eral to file, in all cafes which may come to their knowl- 
edge refpecllvely, or by indictment before faid court. 

Sec. 3. Be itfurther enacted. That in addition to the fine Affeffments oo- 
above mentioned, there fliail be laid and airelTedupon every |:;;',t',Tabrto 
houfe or other building which fhall be ereded contrary to this aft. 
the provifions of this ad, the fum of fifty dollars annually, 
and it fhall be the duty of the feledmen of faid town of 
Charleftown,to return to the afTeffors of faid town annually 
a lift of all fuch houfes or other buildings erected againft 
the provifions of this adt, with attefted copies of the re- 
cord of the convidion of the perfon or perfons who ered- 
ed the fame, before the Supreme Judicial Court, and 
thereupon it fhall be the duty of the faid affeffors to affefs 
upon the owner or owners of fuch building or buildings 
for the time being, the fum of fifty dollars, in addition to 
his, her, or their taxes, which fhall be recovered in the fame 
way and manner as other taxes are or fhall be colleded, 
and the fame remedy is hereby given to the collector or 
collectors of taxes for the recovery thereof : Provided nev- Provifol 
erthelefs. That no fuch building or buildings fhall be fubjed 
to fuch annual tax, until an attefted copy of fuch convic- 
tion fliall have been duly recorded in the office of the 
regifter of deeds for the county of Middlefex, whofe du- 
ty it fliall be to receive and record the fame. 

Sec. 4. JS^- /V/«r/i>(?r (f«<2^fi/. That every kettle, boiler Kettles, &c. 
or copper for the ufe of any caulker^ graver, fliip-carpenter, ^° ° ^'^"" ' 
tallow-chandler, foap-boiier, painter, chemiit, e'ruggilf, or 
other like artificer, fliall be fo fixed in brick or itone laid in 
mortar, as to prevent all communication between the fire, 
and the fubftance or fubflances boiled : Fro-vidcd never- Pwviio. 
thelefs. That no perfon who may make foap for his or her 
family ufe only fliall be confidered a foap boiler within 
the intent and meaning of this ad. 

Sec. c. Be it further cnacled. That every perfon who ^^" p^;^°" "^ 

J J ' > r carry lire, caji- 

fhall carry any fire through any ftreet or lane, or over any dies or lamps 
wharf in faid town, except in fome covered incombuftible '" ^^reets, &c.. 
veffel, or who fhall enter any barn or liable, or any other 
place of danger vv^ith a lighted candle or lamp unlefs in a 
fecure lantern, or fliadl enter fuch barn or liable or other 

place 



T5o COURTS IN KENNEBECK. February 15, 18 10, 

place of danger with a lighted pipe or iegar, fhall forfeit 
and pay for each and every offence the fum of two dol- 
penahy. lars, to be recovered of the perfon fo offending, or of 

his or her parent, guardian, mafler or miftrefs, before a- 
ny juftice of the peace for the county of Middlefex, upon 
complaint made upon oath. 
J, Sec. 6. ^<? // further enacted y That if any perfon 

rying fire imo ftcili havc in his or her poffeffion in any rope- walk 
any rope-walk, within faid town, any lighted pipe, or fegar, candle or 
lamp, or any fire, except what may be neceffary to boil 
the tar for the ufe of faid rope-walk, the which fire fhall be 
fecured as herein before provided, he or they fhall for- 
feit and pay for each offence a fum not exceeding fifty 
dollars nor lels than five dollars, to be recovered in any 
court proper to try the fame. 
ScTcamen to Sec. 7. Be it further enaded. That it fliall be the duty 
complain of of- of each and every feledman in the faid town of Charlef- 
thha'a!^*'" town, and they and each of them are hereby required to 
enquire after and give information to the Attorney Gen- 
eral or Solicitor General of all offences which may be 
committed againfl the true intent and meaning of this a£t, 
cognizable before the Supreme Judicial Court, and to 
fome Juftice of the Peace for all offences committed a- 
gainfl this act, and cognizable by a Juftice of the Peace. 
Appropriation Sec. 8. Be it further enuclcd^ That all the fines, pen- 
ot fines and ;.f- altics and affcffnieuts which fliall be recovered by force of 
this act, fhall accrue and enure, one half to the complain- 
ant, and the other half to the poor of the town of Charlef- 
town, to be paid to the overfeers thereof. 

[i his ad paffed Feb. 15, 18 10.] 



CHAP. XLIV. 

Ars. Ad in addition to an a£t, entitled, " an aO: to divide 
the county of Lincoln, and to conftitute the Northerly 
part thereof a feparate county, by the name of The 
County of Kennebeck." 

' JlJE it enaded by the Senate and Floufe of 

'Reprefentatiies in General Court affembled, and by the au- 
ibority of the fame^ That from and after the firlt day of 

July 



ilefljnenty. 



NEPONSET FISHERY. Feb. 16, 1810. 61 

July next, the courts of Common Pleas, which fhall be Time of hold- 
held in and for the county of Kennebeck, (hall com- '"^ courts at. 
mence on the Mondays next preceding the Tuefdays on 
which faid courts are now refpe6lively by law to be hold- 
en, any thing in the ad:, dividing the county of Lin- 
coln, to the contrary notwithftanding. 

[This a6l paffed -r^5. 16, 1810.] 



CHAP. XLV. 

An Adi to repeal a certain Aft pafTed the tenth day of 
March, one thoufand feven hundred and ninety feven, 
and a certain Refolve, pafl'ed the fifteenth day of March, 
one thoufand eight hundred and five. 



*E // enaded by the Senate and Houfe of 
Reprefentatives in General Court ajfembled^ and by the au- 
thority of the fame ^ That an acl paifed the tenth day of ^'^^^f ,^^^°'^^ 
March, in the year of our Lord one thoufand feven hun- 
dred and ninety-feven, entitled, " an ad for regulating 
the taking of Ihnd and alevvives, and other fifh in Nepon- 
fet river, and the feveral dreams from the ponds called 
Punkapaug and Maffapaug.*' — And alfo a certain re- 
folve, paffed the fifteenth day of March, one thoufand 
eight hundred and five, appointing Nicholas Tillinghaft 
and others, a committee, to repair to the feveral dams on 
Neponfet river, and to order certain alterations to be made 
on the fifh-ways, giving notice to all parties of their pro- 
ceedings, be and they hereby are refpeftively repealed : 
Provided, that the faid aft and refolve aforefaid fliall be, 
and remain in force for the cognizance and trial to final 
judgment and execution of all fuch penalties and offences, 
as have been incurred or committed under the fame, l^e- 
fore the paifing of this aft. 

{"This aft paffed Feb. i5, 18 10.] p 

CHAP. 



62 HUBBARDSTON, i^c. M. i6, 1810. 

CHAP. XLVL 

An Aft to fet ofF a part of the town of Hubbardflon, in 
the county of Worcefter, and to annex the fame to 
the town of Princeton. 



Sec. I. -OE // enaded by the Senate and Houfe of 
Reprefeniatives in General Court ajfcmhled^ and by the au- 
Part of Hub- thority of the fame ^ That a part of the town of Hubbardf- 
bardfbn an- ton, together with the inhabitants thereon, as defcrib- 
PHnceton. ^^ within the following bounds, be and are hereby annex- 
ed tOjand made apart of the town of Princeton,viz. begin- 
ing at a pine (lump, the foutheafterly corner of faid Hub- 
bardflon, thence north forty-one degrees weft, two hun- 
dred feventy eight rods, to a ftake and ftones ; thence 
fouth fifty feven degrees weft two hundred and eighty 
rods, to a ftake and ftones ; thence fouth forty one degrees 
eaft, two hundred and feventy eight rods, to a ft:ake and 
ftiones on Princeton line ; thence on faid line two hun- 
dred and eighty rods to the bound firft mentioned ; and 
thefaid inhabitants, hereby annexed to the town of Prince- 
ton, fliall be entitled to all the privileges, and fubjeft to 
the fame duties and requifitions,as the other inhabitants of 
faid town, according to the conftitution and laws of this 
commonwealth, and in as ample manner as if they had 
been originally apart of the town of Princeton. 

Sec. 2. Andbeit jurther ena6led^'']L\\^t\}i\Q\Yi}ci-^\\.2Xi\.% 
of the faid part of the town of Hubbardfton, by this a6t 
annexed to the faid town of Princeton, ftiall be holden to 
pay all taxes legally aflefled upon them in faid town 
of Hubbardfton, and alfo their proportion of all debts due 
from the town of Hubbardfton, previous to the pafling 
of this ad. 

[This aa paired f^^. 16, 1810.] 



CHESTERFIELD, esrV. LINE. Feb, 1 6, 1810. 65 

CHAP. XLVIL 

Aw act to afcertain and efiablifh the line between the 
towns of Cheflerfield, Gofeen, and Williamfburgh, in 
the county of Hampfliire. 

XJE // enaded by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au" 
thority of the fame^ I'hat the line of jurifdidion between 
the towns of Chefterfield, Gofhen, and Williamfburgh, 
fhall hereafter be as follows, viz. Beginning at a beech 
tree, marked H F. and G. F. (landing about fifteen 
rods fouth of the houfe where Samuel Mott formerly liv- 
ed, in faid Gofhen, running foutherly in a line, called and 
known by the name of the Hubbard line, to a beech ftad- 
die, {landing in the north line of Northamipton, marked 
N. H. H. E. C. E. with a number of other letters. 

[Thig aa pafTed i^f^. 16, 1810.] 



CHAP. XLVIIL 

An Act to authorize the fale of Parfonage Lands in the 
South Parifh in the town of Andover, in the county of 
EfTex, to raife a fund for the fupport of the Gofpel Min- 
iflry, in faid Parifh, and to appoint Truflees for the man- 
agement thereof. 



W: 



HERE AS the inhabitants of the fouth Prea-nWe. 
parifh in the town of Andover, have petitioned this court 
for liberty to fell their parfoliage or miniflerial lands, for 
the purpofe of raifing a fund for the fupport of the min- 
iftry : 

Sec. I. BE it enadcd by the Senate and Houfe of Rep- 
refentatives in General Court a/Jlmbled, and by the author- 
ity of the fame ^ 1 hat Samuel Farrar, Jofhua Chandler, Truftecf. 
Benjamin Jenkins, Daniel Cummings, Jacob Ofgood, 
David Abbot, and Simeon Fuibufh, be, and they here- 
by are appointed truflees to manage fuch funds as fhall 

be 



64 ANDOVER SOUTH PARISH. iv^. i6, 1810. 

be raifed and appropriated to the ufe aforefaid, in and 
for the faid parifli ; and for that purpofe they are hereby 
Made a corpo- conftituted a body poJitick and corporate, by the name of 
rate body. j^^ Truflecs of the Minifterial Fund in the South Parifh 
in Andover ; and they and their fucceflbrs, to be chofen 
and appointed in the manner hereinafter prefcribed, (hall 
be and continue a body pohtick and corporate, by that 
Powers and ^^"^^ forcver ; and fhall have a common feal, and may 
privileges. alter the fame at their pleafure ; and by that name may 
fue and be fued in all actions real, perfonal, and mixed, 
and profecute and defend the fame to final judgment 
and execution. And the faid truftees and their fuccef- 
■rSure? ^^^^' "^^y ^"^ fliall, annually, elect a clerk, who Ihall be 
fworn to file faithful performance of the duties of his of- 
fice ; and a treafurer, who fhall give bond in fuch fum 
as the faid truftees fhall deem adequate, with fuflicient 
furety or fureiies, faithfully to account for the mon- 
ies, and all other property he may receive by virtue of 
this aft. 
Certain proper- Sec. 2. Be it further etiacied, Thftt the real eflate 
ty vefted in the j)eionging to faid parifh appropriated for the fupport of 
the miniltry thereof, and the proceeds of the fale of any 
bark or timber, and money now in the hands of the treas- 
urer of faid parifli, received as damages awarded by the 
Court of SefTions, on account of a publick road paffing 
through faid lands, be, and hereby are velted in laid truf- 
tees and their fucceifors ; and the faid truftees be, and 
hereby are authorized to fell and convey the whole or any 
part of faid real eftate,an I to make, execute, and acknowl- 
edge a good and fuflicieiit deed or deeds thereof; which 
deed or deeds, fubfcribed by their treafurer, by direction 
of faid truftees, with ihcir ieal thereto atlixed, and by him 
duly acknowledged, fhall be good and effectual in law, 
to pafs and convey all the right of faid paiifhin and to 
faid real eftate, to the purchafer thereof, to all intents 
Provifo. and purpofes whatfoever : Provided hoivcver. That in 

any fale as aforefaid, the approbation of the faid parifli 
fhall be firft expreffed at a legal meeting, duly convened 
for that purpofe, or by a committee for that purpofe; by 
the faid parifli appointed. 

Sec. 3. Be it further enacted^ That the number of 
truftees fhall not at any time, be more than feven nor lefs 
than five, a major part of whom fhall conftitute a quo* 

rum 



ANDOVER SOUTH PARISH. Feb. 16, i8ic. 65 

rum for tranfacling bufinefs ; and the inhabitants of faid Truftees may 
pariih may, at any lawful meeting, duly warned and ^^ '■^°^°^^''- 
called for that purpofe, remove any of faid truilees from 
their faid office ; and whenever any vacancy ftail hap- 
pen in faid board of truftees, either by death, refigiiaticn 
01 removal, the faid pariih, at any parifn meeting legally ing vacancies. 
warned for that purpofe, fhall fill faid vacancy within one 
year after it Ihali happen ; and if the faid parifh negle£t 
fo to do, within that time, then the faid truftees, by a 
major vote, ftiall have power to fill fuch vacancy ; and 
the faid truftees (liall annually hold a meeting in Marcn or 
April, and as much oftener as neceflary, to tranfad their 
bafmefs. 

Sec. 4. Be it further enaHed, That any gift, grant, be- Qjf,j &c.made 
queft,or devife, hereafter made to the faid truftees, ihall be valid, 
valid and efFedual to all intents and purpofes whatfoever, 
and they and their fucceffors as aforefaid, are hereby em- 
powered to take, have, hold, purchafe, and exchange, 
ufe and improve any eftate, real or perfonal, the annual 
income whereof fhall not exceed the fum of two thou- 
fand dollars, in tiult, for the fupport and maintenance of 
the gofpel miniftry in faid parifh ; and one ftxth part of 
the net yearly income or intereft of faid fund and eftate, 
fliall by faid truftees be annually added to the principal 
fund to increafe the fame fx)rever : Provided, It fhall Pro^'fo- 
not increafe beyond the limits above prefcribed ; and 
and the remaining five fixths of the faid intereft or annu- 
al income fhall be annually paid to the regularly fettled 
and ordained minifter or minifters of faid parifli, in fuch 
manner as faid parifh may direct ; unlefs the faid pariih, 
at a legal meeting for that purpofe, duly aiTembled, iball 
dired the whole of faid income, or any part thereof, more 
than one fixth, to be put at inrereit for the increafe of the 
fund ; and fuch proceeds of faid fund, whenever the fame 
fhall be fo paid to faid minifter or minifters, Ihall be 
deemed to be in fatisfattion of his or their ialarv, for the 
time being, fo far as the fame will apply to the difcharge 
thereof; and during any vacancy in the faid paiifli of a 
regularly ordained and fettled miiiifler, fuch part of the 
faid ii come or intereft, as would by the provifions of 
this a£l be applied to his ufe, fhall be appropriated to the 
increafe of the principal fund, any thing herein to the 
nontrnry notwithftanding. 

SiiC. 



66' 



ANDOVER SOUTH PARISH. 



I'cb. 16, 1810. 



Fund, how ap 
propriated. 



Sec. 5. Be if farther enaded. That the faid fund fhall 
always be hold en and claiiried to be unalienable, and fliall 
never be ufed or applied to any other purpofe than the 
fupport of a fettled minifter or mmifters in laid parifli, 
and the principal thereof fhall never in any part be ex- 
pended, but always kept entire, and one fixth of the in- 
come fhall be annually added to the principal in manner 
aforefaid ; and the faid truftees or their officers, agents, or 
attornico, for the fervices they may perform, fhall be enti- 
tled to no compenfation out of any monies arifmg from 
the funds aforefaid ; but, if entitled to any, fhall have 
and receive the fame of faid parifh, as may be annu- 
ally agreed upon. 

t>£C. 6. Be it further enaded. That the faid truflees 
iliall caufe to be recorded and kept in their book of re- 
cord, by their clerk or treafurer, a ftatement of the funds 
and eftate in their hands, wherein fhall be particularly 
defignated the amount arifmg from the fales of the par- 
fonage lands, the nature and amount of every grant or 
donation, the period when made, the defign thereof, and 
the donor's or grantor's name and place of abode at large, 
with fuch other circumftances, as they may think ufeful, 
and proper to diflinguifli the fame, and perpetuate the re- 
membrance thereof ; and they fhall make report of fuch 
ftatements to the inhabitants of faid parifh at their meet- 
ing in the month of March or April annually, where the 
fame fhall be publickly read ; or to a feled committee, if 
faid parifh fhall choofe one for that purpofe, together 
with a fpecifick eftimate of what eflatq they actually 
ly hold, and by what tenure ; what money and effedts are 
due to them, and how the fame are fecured ; what re- 
ceipts have been obtained, and what payments made by 
them the preceeding year. 

Sec. 7. Be it further enafled. That the faid truftees 
And enlarged. {^^11 always loan upon intereft, all the money belonging 
to faid fund, in fums of not lefs that two hundred dollars 
each, except from neceffity when they have not fo large a 
fum at their difpofal, and for the term of one year, upon 
the bond or note of the borrower, with a mortgage of re- 
al eftate, fituated either in the county of hffex, Suffolk, 
or Middlefex, of three times the value of the fum loaned, 
as collateral fecurity for the repayment of the principal 
fum, with interefl annually till paid : Provided how- 
ever, 



Provifo. 



ANDOVER SOUTH PARISH. Feb, i6, 1810. 67 

ever. That where any of the aforefaid parfonage land (hall 
be fold upon a credit, and with the expectation that 
improvements will be immediately made upon it, it fhall 
be fufficient to have a mortgage of the eftate fold, with 
9.n approved furety with the principal ; and if any debtor 
to faid corporation fhall fail to pay the intereft due on 
his bond or note for the fpace of thirty days after the 
fame (hall become due, it fhall be the duty of faid treafur- 
er to caufefuch bond or note and mortgage to be put in 
fuit, and profecuted until it Ihall be obtained. 

Sec. 8v Be it further enaded. That it fhall be the duty 
of faid truftees to ufe and improve fuch fund or eftate, as 
fhall be vefted in them by virtue of this act, with care arid 
vigilance, fo as beft to promote the defign thereof ; and 
they fhall be amenable to the inhabitants of faid parifh 
for negligence or mifcondudl in the management or dif- 
pofition thereof, whereby the fame fhall be impaired or 
fuffer lofs,wafte,or diminution , and the inhabitants of faid 
parifh may have and maintain a fpecial action of the cafe 
againft the proper perfons of faid truftees, and their goods 
and eftate, for fuch negligence or mifcondudt, and recov- 
er adequate damas;es therefor ; and any fum, fo recovered 
fhall be for the benefit of faid fund, and fhall be paid ac- 
cordingly. 

Sec. 9. Be it further enabled. That Jofhua Chand- 
ler, Efq. be and he is hereby authorized to appoint the 
time and place of the firft meeting of faid truftees, and 
to notify them accordingly ; and faid meetings, after 
the firft, fhall be called in fuch a way and manner, as 
fehe faid truftees fhall dired. 

[This a6t paffed Feb. 16, 1810J 



CHAP. 



68 LEEDS AND WAYNE, ^c. Feb. 16, i8ic. 

CHAP. XLIX. 

An Aft to fet off the Northerly part of the town of Leeds, 
and to annex it to the town of Wayne. 



*E it ena6led by the Senate and Hoitfe of 
P.rprefentatives in General Court affembled, and by the au- 
thority vf thefamc^ That all that part of the town of Leeds, 
Part of Leeds -j^ ^^ countv of Kep.nebeck, lyintr northerly and eaflerly 

annexed to , •'. . i r i a i rj r i 

Wayne. ot a line, bei^inning on the loiuhwelteriy iide or the coun- 

ty road, leading fron.i the town of Livermore to the town 
of Wayne, at the place where the dividing line of Leeds 
and Livermore interfeds faid county road, thence fouth 
twenty-two de;];recs and an half eaft to Amarefcoggen 
pond, with the inhabitants thereon, be and the fame are 
hereby fet off from the faid town of Leeds, and annexed 
to the faid town of Wayne, in the fame county, and Ihall 

Provifo. hereafter be confidered a part of the fame : Provided 

neverthelefs. That the faid trad of land, with the inhab- 
itants thereon, fo fet off as aforefaid, fliall be holden to 
pay all fuch taxes as have been legally affeffed on them 
by the town of Leeds, in the fame manner as if this a£l 
had not been made : And provided alfo^ That the faid in- 
habitants, annexed as aforefaid, fhall be holden to pay 
their proportion of certain expenfes which have arifen, 
or may arife to the faid town of Leeds in confequence of 
an indidinent nov/ pending againft the faid town of 
for deficiency of a road in the faid town. 

[This adpaffed Feb. 16, 1810.] 



CKAP. L. 

An Act to prevent the taking of Fifli, in the mouth 
of Seven-Mile Brook, (fo called) in the town of Vaffal- 
borough, in the County of Kennebeck. 



Sec. I. JDE /"/ enaBed by the Senate and Houfe of 

Reprefentatives in General Court ajfembled, and by the au- 

Taking of hihthurity of the fame, Ihat from and after the paffing of this 

prohibited— ^61, no perfon or perfons fhall be allowed to draw any 

feine 



SEVEN-MILE BROOK FISHERY. Feb. 16, 1810. % 

feine or feines,orfet any net, or erect any wear, within fixty 
rods of theaiouthof Seven-'\lilebrook,fo called, inthetowa 
of VaiTalborough.or by any other means hinder or obftru£t: 
the free palTiHge of fiih up faid (Iream, other than fuch as 
the fifh commiitee of the faid town may diredi: ; and any '^"^" 
and every perfon who will prefume to take any fifh in the 
faiJ Ifream contrary to the intent of this act, (hall incur 
and pay a penalty often dollars for each and every breach penalty. 
thereof; and the feine, net, wear, or other indrument 
employed, fliall be forfeited to the faid town of Vaifalbor- 
ou^h ; as alio all the fifh fo taken, to be at the difpofal 
of the faid fiili committee. 

Sec. 2. Be it further enaded^ That all penalties in- penalties, h&w 
curred by any offence againft this ad, may be fued for recovered. 
and recovered by the treafurer of the faid town of Vaffal- 
boroMgh, for the time being, before any court in the coun- 
ty of Kennebeck, proper to try the fame ; and all fums of 
money fo recovered, fliall be appropriated to the ufe of 
the faid town ; and in cafe any minor or minors fhall of- 
fend againH: this ad, or any part thereof, and thereby in- 
cur the penalty aforefaid, the parent, mafter or guardiaa 
of fuch minor or minors, fhall be anfwerable therefor, in 
"which cafes the adion fhall be commenced againft fuch 
parent, mafter, or guardian, (as the cafe may be) of fuch 
mifior or minors rei'pedively, and judgment rendered ac- 
cordingly in the fame manner and degree as for his or 
their perfonal offence. 

•' Sec. 3. Be it further enabled. That all laws heretofore Former a<ftv 
•made to regulate the taking of fifli near the mouth of repealed. 
Seven Mile brook, in the faid town of Vaffalborough, be 
ancl they are hereby repealed. 

[^ Tnis ad paffed JFt'Z'. iG, 1810.J 



CHAP. 



.7-<» JAY MINISTERIAL FUND. M. 24, iSie. 



CHAP. LI. 

An A<3: to incorporate the Truftees of the Miniilerial 
Fund, in the town of Jay in the county of Oxtord. 

Sec. 1. -Ok it enaSled by the Senate and Houfe of 
Reprefentatives in General Court ajfe?7ibled, and by the au- 

Truftees. thorityofthefame^ That Samuel W. Euftis, Oliver Fuller, 

Scarborough Parker, Mofes Crafts, Nathan Crafts, Ed- 
ward Richardfon, and William Chenery, be, and they 
are hereby appointed truftees to fell the mini ftry lands in 
the town of Jay, and to put out at intereft the monies a- 
rifing from fuch fale, in manner herein after mentioned 
for that purpofe. 

Sec 2. Be it further enaBed^ 'I hat the faid truftees 

c^r ''orau ^°^^ be, and they hereby are incorporated into a body politick 
by the name of The Irufteesof theMinifterialFund in [he 
town of Jay in ihe county of Oxford, and they and their 
fucceffors (hall be and continue a body politick and cor- 
porate by that name forever, and they fhall have a com- 
mon feal, fubjed to alteration at th ir pleafure, and they 
may fue and be fued in all adions real, perfonal, or mixed, 
and proi'ecute and defend the fame to final judgment and 
execution by the name aforc^faid. 

Skc 3. Be it further enaSled^ That faid truftees and 

Officers. ^^^''" fiicceifors ftiall annually eletl a prefident ; and alfo 

a clerk, whofe duty it ftiall be to record the doings of 
faid truftees at any of their meetings, in a book or books 
to be kept for that purpofe, and he ftiali be fworn to the 
faithful difcharge of his duty, and a record thereof ftiall 
be made in the books of faid corporation, and the laid 
truftees ftiall annually choofe a treafurer, to receive and 
apply the monies as herein after direded. 

Sec. 4 ^^ /'/ further enaded^ That the number of 

Truftees limit- truftccs ftiall not any time be more than feven, nor lefs 

ed. than five, two thirds of their number to conftitute a quo- 

rum for tranfadling bufmefs ; and they ftiall and may from 

Vacancies to be time to time fill up vacancies whirh may happen by death,^ 

^^' refiiination or otherwife, from the inhabitants 0/ faid town, 

and fhall have power to remove any of iheir number who 

may 



JAY MINISTERIAL FUND. Feb. 24, iSio. ^\ 

may become unfit, and incapable from age, infirmity, 
mifcondud or any other caufe, of difchargiag their duty, 
and fapply vacancies fo made by a new choice from the 
town atorefaid, and the laid trullees Ihall annually hold 
a meeting in March or April, and as much oftener as fhail 
be found neceliary, to tranfad their neceil'ary bu.mefs, 
which meetings, after the iirit, fliall be called "in fuch way 
and manner as the truitees fhall thereafter dired;. 

Sec. 5. Be it further enacled, that any juftice of the pirftmeetiaff. 
peace in faid county is authorized to fix the time and 
place of holding the firfl meeting of faid trultees, and 
to notify each truilee thereof. 

Siic. 6, Be it further enaded. That the faid trullees be, Truftees to fdt 
and they hereby are authorized to fell and convey in fee '*°*^^* 
limple, all the ininiilerial lands belonging to faid town, 
and to make, execute, and acknowledge a good and fuffi- 
cient deed or deeds thereof, which deed or deeds fubfcrib- 
ed by the name of the tr- alurer, by diredion of faid 
trultees, with their feal thereto afSxed, fhall be good and 
effectual in law, to pals and convey the fee fimple from 
faid town to the purchaler, to all intents and purpofes 
whatever. 

Sb.c. 7. Be it further enaded^ That the monies ari- Monies to Le 
ling from the fale of faid lands, fhall, as foon as may be, '"<*"ed oa in- 
bc loaned on intereft and fecured by mortgage of real eitate 
to the full value of the ellate fold, or money loaned, or 
by two or more fufficient fureties with the principal, un- 
lets the truflees fliould think it bed to invert the lame in 
publick funded fecurities or bank flock, which they may 
do. 

Sec. 8. Be it further enaSled^ That the interefl ari- Appropriation, 
^ng from laid funds fliall be annually applied towards 
the fupport of publick worfliip in faid town of Jay in 
fuch way and manner as laid town may dire6t, and it 
ihall never be in the power of faid town to alter or alien- 
ate the appropriation of the fund aforefaid. 

Stc. 9. Be it further enaded^ That the treafurer of Treafurer tdu- 
the truflees Ihall give bond to faid trultees, conditioned '7* 
faithfully to pertorm his duty, and to be at all times re- 
fponfible for the faithful application and appropriation of 
the monies that may come into his hands, comformable 
to the true intent and meaning of this act, and for any 
neglect or mifconduct of any kind in his office. 

Sec 



72 WOBURN MINISTERIAL FUND. Feb, 24, iSio. 

No compenfa- Sec lo. Be it further enaded^ That the truftees or 

tioii allowed to their officers for the fervices they may perform, fhall be 

i'fund. '^^^ entitled to no compenfation out of faici monies arifiug 

from the fund aforefaid, but if entitled to any, (liall have 

and receive the fame from faid town. 

Sec. II. Be it further enacted^ That the faid trufl; es 
and their fuccefibrs fliall exhibit to the town at their 
annual meeting in March or i^pril, a regular and fair itatCr 
ment of their doings 
Trufces ref- Sec. 12. Be it further enaSied^ 1 hat the faid truftees 
ponfibieto the ^^^^ q^^\^ of them fliall be refponfible to the town for their 
perfonal negligence or mifconducl, whether they be offi- 
cers or not, and liable to a fuit fur any lofs or damage a- 
rifmg thereby, the debt or damage recovered infuch fui^ 
to be for the ufe aforefaid. 

[This a6t palTed i^f^. 24, 1810.] 



CHAP. LIL 

An A£t to incorporate the Truftees of the Minifberial 
Fund in Woburn. 

Sec. I. -OE it enaCled by the Senate and Houfe-of 
Reprefentatinjes in General Court afft?nbied^ and by the aU' 
thority of the fame, 'Ihat Benjamin Franklin Balciwin, 
■[';;J3;'"'^'''" William Jones, Bartholomew Kichardion, jun. Jacob 
Peirce, and Daniel W'yman, be, and they are hereby con- 
ftituted a body politick and corporate by tht namt of 
The Truftees of Woburn Mir-iiiejiai fund ; and they 
and their fucceffors foall be ai;d contmue a body pohtkk 
and corporate by that name forever ; and they may have 
a common feal, which tho) may alter or change at plea- 
fure ; and by that name they may lue and be iued in all 
actions real, perfonal, or mixed, and profecute and defend 
the fame to final judgment and execution. 

Sfcc, 2. ^eitjurtherena6ted^ 'Ihat the faid corporation 
fliall and may annually eleft a prefident, and a clerk to 
record the doings and tranfadtions of the trullees at their 
meetings, and a treaiurer to receive and apply the monies 
herein after meutioaed, as herein after diretted, and any 

other 



WOBURN MINISTERIAL FUND. Feb. 24, iSio. 73^ 

other needful officers for the better managing of their bu- 
fmefs. 

Sec. 3. Be it further enaded., That the number of Four Truftecs 
trullees fhali not, at any one time, be more than feven "^ 7 tranfaA 
nor lefs than five, and four of them may conititute a 
quorum for tranladiny: bufinefs ; and the rown, or con- r, 

^ -ir L ru -1 Powers, 

gregational lociety, as the cale may be, at a mettmg le- 
gally warned for that purpole, fhall and may, from time 
to time, i"'li up any vacancies m their number, which 
may happen by death, refignation or otherwife, and may 
alfo remove any of their number who may become unfit 
or incapable from age, infirmity, mifcondutt, or any 
pther caufe, to difcharge their duty, and to lupply any va- 
cancy fo made, within twenty days atter it fiiali happen, 
by a new choice, from the members of the congregation- 
al fociety in Woburn ; and in cafe faid town or lociety 
neglect fo to do within that t:me, then faid trullees, by a 
major vote, (hall have power to fill up inch vacancy 
from the fociety atorefaid, faving to the legiflatuie a 
right, at any future time, to make fuch further provifions, 
relative to the filling up all vacanries which may hap- 
pen in faid board, as they may think proper ; and faid 
truftees fhail annually hold a meeting in the month of 
January, and as much oftener as may be neceffary, to 
tranfact their bufmefs ; which meetings, yfter the firft, 
lliall be called in fuch manner as the trullees may direct. 

Sec. 4. Be it further encided, 1 hat the clerk of faid clerk, his pew» 
corporation (hall be a member thereof, and (hall befworn ^^ »»^ <^"ty- 
in the fame manner as town officers, to the faithful per- 
formance of the duties of his office ; and he fhall have 
the care and cudody of all papers and documents belong- 
ing to faiu trullees, and (hall carefully and fairly record 
all their votes and proceedings in a book to be kept for 
that purpofe, and (hall certify the fame when thereto re- 
quired, and he (hall call meetings when thereto directed 
by any one or more of faid trudees, and do whatever elfe 
may be incident to his faid office ; and he (hall deliver up 
to his fuccelTor in office, as loon a^. may be, all the rec- 
ords, papers, and documents in his hands, in good order 
and condition ; and if he (liail neglect fo to do for the 
fpace of thirty days, next after fuch fuccelTor (hall be 
duly appointed, he (hall forfeit and pay to faid corporation 



74 WOBURN MINISTERIAL FUND. Feb. 24, i8ioi. 

penalty. a fine of fifty dollars, and the further fum of thirty dol- 

lars per month, for fuch negled afterwards. 
Power and du- bEC. 5. Be it further enacted, Ihat the treafurer of 
.y^of theTrea-faid truftees fliall be the receiver of ail nv^ni^s and effeds 
due, owing and coming to them, and may demand, iue 
for and recover the fame in their name, uiitefs prohibited 
by them ; and he ^\all have the care and cuftody of all 
the money and effetks,, obligations and fecurities for the 
payment of money, and other things, and all evidences 
of property belonging to faid trullees, and be accounta- 
ble to them thereior, and ihall diipoie of rhe fame as 
they iliall order and dired, and fliaii render an account 
of his doings, together with a fan and regular ftatement 
^ of the property and evidences oi property in his hands, 
whenever they (hall require the fame to be done ; and 
fhall deliver up to his fucceffor in office, as foon as may 
be, all the books and papers, property and evidences of 
property in his hands, in good order and condition, and 
Ihall give bond to the faid truftees and their luccelTors, 
with lufficient fureties, to be approved by them, in a fum 
notlels than five thoufand dollars, conditioned to do and 
perform all the duties incumbent on him as their trealur- 
er ; and if he Ihall fail to deliver up the fame, as aforeiaid, 
for the fpace of thirty days next after luch fucceflbrs fliall 
be duly chofen, he fhall forfeit and pay to faid corpora- 
Penalty, tion a fine of fifty dollars, and the further fum of thirty 

dollars per month, for fuch negled afterwards. 
Fund, how raif- SiiC 6. Bc it further enacted, 1 hat the laid truftees and 
ed and reguiat- jj^^jj. fuccelTors in office be, and they hereby are veiled 
with full power to receive into theii hands all monies, 
or fecurity for money, already received, and that now is 
or hereafter may be in the handt. of the treafurer of the 
town of Woburn, being a iurplus of money obtained by 
the late fale of the pev/s in the newcongregational meeting- 
houfe in faid town, over and above the coft of faid houfe, 
and all other monies, fubfcriptions, donations, and fecuri- 
ty for real or perfonal eftate that may hereafter be giv- 
en, raifed or fubfcribed, and appropriate the fame accord- 
ing to the intention and diredion of the donor or donors 
Provifo. within the provifions of this a£l : Fro'vided however. That 

faid truftees fhall not at any time be in pofl'effion of a capi- 
tal, the annual income of which, to faid fociety, (hall, 
exceed the fum of two thoufand dollars. 



WOBURN MINISTERIAL FUND. Feb, 24, 18 10. 75 

Sec. 7. Be it further enaEled^ That it fhall be the du- Monies to be 
ty of faid truftees to ufe and improve fach funds or eftate '"^"f^ ^^ ™* 
as (hall be veiled in them by this ad:, with care and vig- " 
ilance, fo as bed to promote the defign thereof ; and 
Ihali always loan upon intereft all the money belonging 
to faid funds, in fuch fums, and for fuch term of time, 
not exceeding one year, as thty (hall think proper, upon 
the bond or note of the borrowir, with at leaft two fure- 
ties for the payment thereof; and they (hall not at any time 
loan any fum exceeding the amountof one hundred dollars, 
without a mortgage on real ellate to three times the amount 
loaned, as collateral fecurity for the payment of the fame, 
with intereft annually; and it fhall be the duty of faid 
truftees to loan the intereft arifing from faid fund iix 
manner as aforefaid, until the annual intereft of the whole 
funds amount to the fum of two hundred dollars, then it 
Ihall be their duty to apply the fame towards the falary 
of the ordained minifter of faid congregation ; and it (hall 
be confidered as part payment thereof ; and in cafe faid 
fociety fhall be deftitute of an ordained minifter, then the 
annual intereft aforefaid fhall be put out at intereft and 
fecured as aforefaid to increafe the faid fund, until a min- 
ifter fhall be fettled again, and in cafe the whole of the 
annual income fhould be more than fulficient to pay the 
falary of the Minifter for the time being, agreeable to the 
contraft with him, then the furplus fhall be added to the 
principal, until the income fhall amount to one thoufand 
dollars yearly, unlefs faid town or fociety, as the cafe may 
be, at a legal meeting called for that purpofe, fhall other- 
wife appropriate the fame, which they are authorized 
to do, but never to alienate, or in any wife alter the fund 
aforefaid. 

Sec. 8. Be it further enaEled^ That the truftees may Truftees may 
alienate by good and fufficient deeds in law, any real bwecd. 
eftate, the title whereof fhall be vefted in them by way of 
mortgage, or by operation of law. 

Sec. 9. ^f //y«r//:>frf«j^^^, That the truftees or their N» compenfr, 
oflicers, for the fervices they may perform ffiall be en- *'°"/°''J^J^^^ 
titled to no compenfation out of any monies ariling from from the Fu«i, 
the fund aforefaid, but if entitled to any, fliall have and 
receive the fame of faid town or congregational fociety, as 
Jlie cafe may be, and as may be mutually agreed on. 

Sec, 



7^ KEWBITRYPORT ATHEN^IJM. FeK 24, 18 10. 

Accounts of Si'C. lo. Be it further enaded, that falcl truflees and 
Truftee. to be thfelr fucceffors fhall, each year, in the month of March 

exhibited. a -i i i • r r '• , 

or ApMi, at the annual meeting or laid town or congrega- 
tioidai fociety, as the cafe may lie, or oftcner if faid town 
or congregational fociety fhaM require it, exhibit a fair 
ftatement of their proceedings, and of the ftate of the 
funds under their management, and are hereby feverally 
made amenable and liable in law to anfwer to fai-i town or 
focietv, out of their own eflatcs for any embezzlement, 
negledt or wilful mifmanagement of faid fund. 

iSec. 11. Be it further enured, 1 hat Benjamin Frank- 
lin Bildwin, be, and he hereoy is authorized and em- 
pouered to fix the time and place for holding the firft 
meeting of faid truilees, and notify each truftee thereof. 

[I'his ad paffed Feb. 24, iSio.J 



CHAP. LIII. 

An Ad to incorporate certain perfonsby the name of The 
Proprietors ol the Newburypoit Athensum. 

pygan^yg, VV HFRFAS the perfons herein after- 

named, together with fundry other perfons, have alfociated 
for the laudable purpofe of promotiui^ learning and dif- 
fufing ufeful knowledge by eftabli'.liing a repolitory for 
valuable and rare pr at nations in the various arts and fci- 
encc , and p lite literature, and for coilecUng the moft 
important trads, pamphlets, and documents, illuffrative 
of the natural and civil hiftory of our country, of the ge- 
nius policy, and laws ofthe general and ftate governments, 
and of the manners, cuftoms, and intere ts of the Ameri- 
ican peopi ; and whereas in purfuance of their defign,they 
have at confi.ierable pains and expenfe colleded many 
valuable works, with a great variety o^ important trafts, 
pamphlets and documents, to which they intend to make 
additions from time to time as they may have at)ihiy and 
opportunity, and whereas the objed of their affociation is 
of publick utility as well as of great advantage to thofe 
more immediately interefted therein, and ou^ht therefore 
to De encouraged. Therefore, 

Sec. 



NEWBURYPORT ATHENJiUM. Feb. ^14, i8io. 77 

Sec. I. BE if enaBed by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
thority ofthefame^ That John Andrews, Edward Little, Perfons iacor- 
William Woart, William Bartlett, James Morfe, Jere- P^"""^- 
miah Nelfon, Daniel A. White, Thomas Gary, Samuel 
2i. Knapp, Jofeph Dana, Daniel Dana, Stephen Howard, 
ani i^athaniel iiradftreet, the prefent truflees of faid af- 
fociation, together with their afTociates and fuch other 
perfon or perfons as fhall from time to time be admitted 
members of the faid aflbciation, according to the rules, 
orders, and conditions, which (hall or may from time to 
time be eftablifhed by the bye laws or regulations of the 
corporation, be and they are hereby created a body poli^ 
tick and corporate, and fhall forever hereafter continue a 
body politick and corporate, by the name of The Propri- 
etors of the Newburyport Athenaeum, and by the faid 
naTie fhall and may fue and be fued, plead and be im- Powers and 
pleaded, defend and be defended, in all and any court or p"^'^^s«s- 
courts of law and elfewhere, in all manner of adlions, 
fuits, pleas, and controverfies whatfoever, and in their 
faid corporate capacity and by their faid name, they and 
their fucceffors fhall be capable to purchafe, receive, have, 
hold, take, pofTefs, and enjoy, in fee fimple or otherwife, 
lands, tenements, rents, and hereditaments, not exceed-*- 
ing in the whole the yearly value of one thoufand dollars, 
exclufive of the building or buildings which may be ac- 
tually occupied or ufed for the purpofe aforefaid, and 
the faid corporation fliall be capable of taking, receiving 
and holding, by donation, fubfcription, bequefl, or other- 
wife, money, goods, chattels, effeds, and credits, to an a- 
mount, the yearly value of which fhall not exceed two 
thoufand dollars, fo as that the edate aforefaid be appro- 
priated for the purpofes aforefaid, and for the promotion 
of learning and ufeful knowledge ; and moreover the faid 
corporation fhall have power to give, grant, fell, alien, 
convey, exchange or leafe, all or any part of their lands, 
tenements and other property whatfoever, for the benefit 
and advantage of faid corporation. 

Sec. 2. Be it further enabled. That it fhall and may 
be lawful for the faid corporation to have a common feal 
for their ufe and benefit, with full power to alter, change, 
and renew it whenever they Ihall think the fame expe- 
dient. 

Ta Sec. 



78 NEWBURYPORt ATHEN7EUM. Feb. 24, i8ia. 

Sec. 3. Be it further enaihd. That the faid corpora- 
tion fhall have full power and authority to determine at 
what times and places their meetings. fhall be holden, and 
on the manner of notifying the alTociates or proprietors 
to convene at fuch meetings, and they ffiall have power 
to eieci}, once in every year, or oftener, from amongft the 
faid proprietors, fuch ( fficers, with fuch power as they 
fhall judge expedient, and alfo further to ordain and en- 
adl any bye laws for the due government of the faid cor- 
poration, and for the due and orderly conducing of the 
affairs thereof, and for and concerning all matters and 
things relating to faid corporation, and the fame at plea- 
TioViUk fure to alter, amend or repeal : Provided Jwivcver, That 

the powers vefted in the faid officers and faid bye laws, 
fhall not be repugnant to the conftitution and laws of this 
commonwealth. 

Sec. 4. Be it further enaded. That for the giving the 
more effectual fanftion. to the faid bye laws, the faid pro- 
prietors fhall have power to impofe fuitable fines, not ex- 
ceeding three dollars, for the nonfulfilment or breach of 
the fame, and that for the recovery thereof, the faid cor- 
poration fhall have a fuitable remedy by atlion at law, in 
any court of law within this commonwealth proper to try 
The fame. 
Corporation to ^^c. 5. Be it further enaBed, That the legiflature of 
be fubjea to this commouwealth, may, from time to time, appoint a 
♦u^ /°"n"' °^ committee or committees to examine the flate of affairs 

the Legiflature. ^ r • a • jr • i-ri.r 

or lard corporation, and the manner m which the lame 
may be adminiflered, and that the faid legiflature may at 
any time alter, amend, or repeal the charter of faid corpo- 
ration at their pleafure, referving however to the proprie- 
tors for the time being, their property in the buildings, 
funds, books, and other property at fuch time appertain- 
ing to the faid corporation. 
Treafurer may ^^c 6. Be it furthtr etiaded, Thzt vfhenever 2.ny \>rO' 
fell fjisres of prietor fhall negled or refufe to pay any affeffment duly 
'!fieto« °' ^ "" i^^pofed upon his fhare or fliares in faid corporation, for 
the fpace of fixty days after the time fet for the payment 
thereof, the treafurer of the faid corporation is hereby au- 
thorized to fell at publick vendue the fir re or fhares of 
fuch delinquent proprietor, after dulv notifying in fome 
news-paper printed in the town of Newburyport, the fum 
due on luch fhare or fhares, and the time and place of fale 

at 



STONEY-BROOK FISHERY. Feb. 24, 1810. ^9 

at lead thirty -days before the time of fale, and fuch fale 
fl^.all be a fufficient transfer of the fhare or fhares fo fold, 
to the perfon purchafing, and upon producing a certifi- 
cate of fuch fale from fuch tieaiurer, fuch purchafer fhall 
be entitled to a transfer of the (hare or Ihares f > fold on 
the books of the corporation, and (hall be confidered to all 
intents and purpofes the proprietor thereof, and the o- 
verplus of fuch fale, if any there be, after payment of fuch 
afft^ffmentjand incidental charges, (hall be paid on demand 
by fuch treafurer to the perfon whofe lliares were fo fold 
as is before provided. 

Sec. 7. Be it further enaMed, That the faid John An- Firft Meetiag. 
drews, Edward Little, William Woart, William Bartlett, 
Ja '.es Morfe, Jeremiah Nelfon, Daniel A. White, Thomas 
Gary, Samuel L. Knapp, Jofeph Dana, Daniel Dana, Ste- 
phen Howard, and Nathaniel Bradftreet, or any thiee 
of them, (hall have power to call the firft meeting of the 
faid proprietors, by advertifing the fame three weeks fuc- 
celTively before the time of fuch meeting, in fome newfpa- 
per printed in the town of Newbury port, and that at the 
faid meeting the faid proprietors may proceed to execute 
any or all the powers veiled in them by this act. 

bhC. 8. Be it further enaded, Ihat the truftees and Private prop, 
proprietors of the corporation aforefaidbe, and they here- auachment. 
by are made jointly and feverally liable in their refpeftive 
ptrfons and eilates on all contrafts and engageaients, 
which (hall be made and entered into, by virtue of the 
powers veiled by this ad in the faid corporation, or ia 
any officer of the fame. 

[ 1 his aO: palfed Feb. 24, 1810.] 



CHAP. LiV. 

An atl farther to continue in force, " an a6t for regula-, 
ting the paffage-way for fifh, through the dam, at the 
mouth of Stoney Brook, fo called, in the town of Chelmf- 
ford, in the county of Middlelex.** 

Sec. I. AJE it ena6led by the Senate and Houfe of 
Reprefentatives in General Court ajfembledy and by . he au- 
thority 



8® BRUSH.HILL TURNPIKE. Feb. 24, i8ic. 

thority of the fame. That an a6l made and paffed on the 
Extended. ninth day of March, in the year of our Lord one thoufand, 
eight hundred and four, entitled, " ^n act in addition 
to an adl, entitled. An afc to regulate the catching Salmon, 
Shad, and Alevvives, and to prevent obftuctions in Mer- 
Trimack river, and in the other rivers and ftreams run- 
ning into the fame in this commonwealth, and for repeal- 
ing feveral afts heretofore made for that purpofe," be, 
and the fame is hereby further connnued in force, until 
the ninth day of March, which will be in the year of our 
Lord one thoufand eight hundred and twelve, any limita- 
tion -in the fame ad contained to the contrary notwith- 
ftanding. 

[This a£t palTed Feb. 24, 1810.] 



CHAP. LV. 

An ad in addition to an ad, entitled," an ad to eftablifh 
a Corporation, by the name of the Bruihrliill Turnpike 
Corporation." 

Sec. I. XjE // enacled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
Corpqmion thority of the fame , That from and after the pafling of 
not entitled to ^^^ ^^^-^ the Brufli-HiU Tumpike Corporation (hall not 
certain cafes. '° be entitled to demand or receive any Toll from any perr 
fon or perfons who may be pafling in any manner whatfo- 
ever for the purpofe of difcharging military duty, or ito, 
or from, his, her, or their ufual places of pubhck worfhip, 
or to, or from, any grift mill, or on the common and 
ordinary bufmefs of family concerns ; nor from any per- 
fon or perfons refiding \\'ithin the limits of the town in 
which a Toll gate may be ereded, unlefs going or re- 
turning with loaded teapis or carriages from beyond the 
limits of the fame. 

Sec. 2. Be itfurther ena6led^\i2X the firft Provifo, in the 
ivuvii'o repeal' fo'^^'^i'^ f<^^^ioi^ of the ad, entitled, " an ad to eftablifh 
tiJ. a corporation by the name of the Brufli-Hill Turnpike 

Corporation," be, and the fame is hereby repealed. 
[This ad paffed i^V^. 24, iSio.J 

CHAP. 



FRYBURGK PARSONAGE LANDS- Feb, 24, 18 10. m 

CHAP. LVL 

An A6t, in addition to an ad, entitied, " An aO: authoriz- 
ing the difpofal of the Parfonage Lands in the town of 
Fryburgh, by fale or leafe, to raife a fund for the fupport 
x)fthe miniftry, and appointing truftees therefor," pafTed 
on the eighth day of March, one thoufand eight hundred 
and eight. 

Sec. I .DE // enabled hy the Senate and Houfe of 
-jR.eprefentathes in General Court ajfembled, and by the 
authority of the fame, that the truftees of the minifterial 
fund in the town of Fryburgh be, and they are hereby p^^jj^^, _ 
authorized and empowered from and after the paifing of ers veiled m 
this aft, to appropriate annually, one hundred dollars of '^^ '^'^"'^*^»' 
the intereft arifmg from the fund aforefaid, toward the 
payment of the Rev. Francis L. Whiting's falary, fo long 
,as he continues in the work of the miniftry in that 
place ; any thing in the ad entitled " An A£l authoriz- 
ing the difpofal of the parfonage lands in the town of 
Fryburgh, by fale or leafe, to raife a fund for the fupport 
of the miniftry, and appointing truftees therefor," pafled 
on the eighth day of March, one thoufand eight hundred 
and eight, to the contrary notwithftanding. 

Sec. 2. j5f /V /wr//?fr f«^<f?^<i. That faid truftees be, and . - 

they are hereby authorized and empowered to receive 
any fums of money which arofe from the rents of the Par- 
fonage lands in faid town, before the pafling of the a£l to 
which this is in addition, and to manage and appropriate 
the fame in the manner they are required by the aft a- 
forefaid to manage and appropriate the money arifmg 
from the fale of the Parfonage land in faid town of Fry- 
i?urgh. 

Sec 3. Be it further enabled. That faid truftees 
are hereby authorifed and empowered to receive any 
grants, or donations which have already, or which may 
hereafter be made for the increafe of the fund aforefaid, 
and to manage and appropriate the fame, agreeable to 
the intention of the donor. 

[This aft paifed iv^. 34, 181Q.] 

CHAP. 



as 



READFiELD & WINTHROP LINE, ^^. Feb,24, 1810. 



CHAP. LVII. 



Certain lands 
annexed to 
Winthrop. 



5rovifo. 



An a£t to fet off George Manfon and Benjamin Manfon 
from the town of Readfield, and to annex them to the 
town of Winthrop. 



Bi 



>E // enaSed by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
thority of the fame, 1 hat the line between the towns of 
Winthrop and Readfield in the county of Kennebeck, 
running eafterly from the town of Wayne, fhall continue 
the fame courfe, that it runs when it comes to the lot 
numbered two hundred and twenty, being the lot of land 
on which George Manfon and Benjamin Manfon now 
live, acrofs faid lot, to Chandler's mill pond, fo called, 
thence acrofs faid mill pond in a ftraight line, until it 
meets the line between the faid towns of Winthrop and 
Readfield, on the eafterly fide of faid mill pond. And 
the faid George Manfon and Benjamin Manfon, with 
their families, and fo much of their eftates, as lie fouther- 
iy of faid line, be, and they are hereby fet off from the 
town of Readfield, and annexed to the town of Winthrop, 
and (hall hereafter be confidered a part of the fame, there 
to do the duties and exercife and enjoy privileges equal- 
ly with the other inhabitants, of faid town of Winthrop : 
Provided never thelefs^ 1 hat he perfons above mentioned, 
"with their eftates, ftiall be holden to pay all the taxes 
which have been legally afleffed on them by faid town of 
Readfield, in the fame manner, as if this ad had never 
been paifed. 

[This ad paffed Feb. 24, 1810.3 



CHAP. LVIII. 

An Ad to incorporate 1 imoihy Burbank and others, by 
the name of The Agawam Cotton, Woollen, and Linen 
Manufadory. 

Sect. i. jL^Y. it ena^ed by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
thority 



ORANGE. Feb. 24, igio. 85, 

ihority of the fame ^'WitlX Timothy Burbank, Gad Warriner, 
John Porter, John Norman, EInathan Baldwin, and porated, ^^^^' 
Amos Worthington, together with fuch other perfons as al- 
ready have, or may hereafter aflbciate with them, their fuc- 
ceflbrs and affigns, be, and they hereby are made a corpora- 
tion by the name of The Agawam Cotton, Woollen and Lin- 
en Manufactory, for the purpofe of manufacturing Gorton, 
Woollen and Linen in the fouth part of the town of Weft- 
Springfield ; and for this purpofe, fhall have all the powers Powers ani 
and privileges, and be fubject to all the duties and re- P"^'^^e^^- 
quirements contained in an a£t palTed the third day of 
March, in the year of our Lord one thoufand eight hun- 
dred and nine, entitled, " An Ad defining the general 
powers and duties of manufaduring Corporations.** 

Sec. 2. Be it further enaded, 1 hat laid corporation 
may be lawfully feized of fuch real eftate not exceeding 
the value of fifty thoufand dollars, and fuch perfonal 
eflate not exceeding the value of one hundred thoufand 
dollars, as may be necelTary and convenient for eftablifh- 
ing and carrying on the manufadory of cotton, woollen, 
and linen in the fouth part of Weft-Springfield afore- 
faid. 

[This adl paiTed Feb. 24, 18 10.] 



CHAP. LIX. 

An Aft to incorporate the Diftrift of Orange, in the coun- 
ty of Hamplliire, as a town, by the name of Orange,. 



B 



' F it ena8ed by the Senate and Houfe of 
Reprefentatiies in General Court affembled, and by the aif 
thority of the fame ^ That the diftridt of Orange, in the Orange bcor- 
county of Hampfhire, with the inhabitants thereof, be, p^^^'"'- 
and the fame hereby is incorporated and eftablifhed as a 
town, by the name of Orange, and is hereby vefted with 
all the powers and privileges, and fubjected to the like 
duties and requirements, of other towns, according to the 
Gonftitution and laws of this commonwealth. 
(^ 1 his Aft pafTed Feb. 24, 1 8 1 o.] 

CHAP. 



$4 PLYMOUTH SECOND PRECINCT. Feb. 24, 18 10. 

CHAP. LX. 

An A6t to incorporate the fecond Precinct in Plymouth. 

J3E it enaEled by the Seriate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
Wymouth &ec- thority of the fame ^ 1 hat the lands, as defcribed within the' 
kctr^me? following boundaries, with the inhabitants thereon, be, 
and they are hereby incorporated into a diftindl and fepa- 
rate precind, by the name of The Second FYecind in Plym- 
outh, VIZ. beginning at Elifha's Point, fo called, on the nor-' 
therly lide of Eliftia Holmes*s land, and running wefterly,. 
as faid line runs, to Ponds road, fo called, and from faid 
road, on a ftraight line, to the north end of Half way 
pond, and by faid pond to the brook iffuing therefrom ; 
arfd by the faid brook, to Wareham line ; and on fide' 
Wareham line, eaftward to Sandwich line, and by 
faid Sandwich line to the fea (hore, and by the 
faid fhore, to the bounds firft mentioned. And the 
faid Second Precinft is hereby veiled with all the 
powers and privileges which are ufually held, exer- 
ercifed and enjoyed, by pariflies, precinfts, or other reli- 
gious focieties, according to the cohftitution and laws of 
this commonwealth. And all the ads and proceedings of 
the faid parifli heretofore made and done, in purfuance 
of the confent and votes of the faid town of Plymouth, 
be, and they are hereby confirmed, and rendered valid in 
law. And ar y juftice of the peace, in the faid town of 
Plymouth, is hereby authorized to iffue his warrant, di- 
refted to fome inhabitant of the faid fecond precind, re- 
quiring him to notify and warn the inhabitants thereof 
to meet at fuch convenient time and place, as (hall be ap- 
pointed in faid warrant to organize the faid precind, by 
the appointment or election of its officers. 

[This aapaffed Feb, 24, i8io.] 



CHAP. 



LIME. Feb, 27, 1810. SJ 

CHAP. LXL 

An A£l: to regulate the manufacture and infpedion of 
Stone Lime and Lime Cafks, 

Sec. I. -IJE // enaded by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
thority cf the fame. That from and after the firft day of Quality of Lime 
June next, no Stone Lime manufactured within this com- ** 
monwealth, (hall be fold or expofed to fale, or fhipped 
on board any veifel, in caiks, but fuch only as fiiail be 
well burnt and pure, and contained in good and fufficient 
new cafks, to contain fifty gallons each, or one hundred 
gallons each, made of w 11 feafoned heads and flaves, 
with ten good and fufficient hoops on each cafk, well 
driven and fufficiently fecured with nails or pins. 

Sec. 2. Be it further ena6led. That there fhall be an infpeaors. 
Infpedor for the towns of Warren, Thomafton, and 
Camden, in the county of Lincoln, to refide in one of 
the faid towns, to be appointed by the governor, with 
the advice and confent of the council, and to be by 
them removable at pleafure, upon mifbehavior in faid 
office J who, before he fhall enter upon the duties there- 
of, ihall give bonds, with fufficient furety or fureties, to ^^ ^'^^ ^°°* 
the treafurer of this commonwealth, in the fum of one 
thoufand dollars, conditioned for the faithful perform- 
ance of the duries of the faid office, which bond fhall be 
taken by the Juflices of the court of Common Pleas for 
the county of Lincoln ; and the faid infpedor, when ^^y appoint 
fo qualified, fhall have power to appoint in each of the ^^" ^"" 
towns aforefaid, as many deputy infpedors as he fhall 
judge iiecefTary ; for whofe good conduct, in the dif- 
charge of the duties of their reipective offices, he fhall be 
anfwerable, and fliall take bonds from them to himfelf, 
and his fucceffor in office, with fufficient fureties, in a pe- 
nal fum, not exceeding five hundred dollars ; and the 
faid deputy infpedors fhall alfo be fworn to the faithful 
difcharge of their duty. 

Sec. 3. Be it further enabled. That it fhall be the du- Their duty, 
ty of the faid infpedor, either by himfelf or his deputy, 
to infpect all lime which fhall be manufadured in either 
M of 



S6 LIME. Feb. 27, 1810. 

of the faid towns, when put into calks, and to fee that the 
faid Lime and Cafks do, in all refpeds, conform to the 
provifions of this act ; and to brand each of faid Cafks 
with the name of the town where the faid Lime was burnt, 
and the firfl letter of the chriftian name, and the furname 
at length, of the infpedor, who infpe£led the fame, with 
trie word Infpeded, 
lufpeaoi'sfees. Sec. 4. Be it further enaded^ That the Infpeftor, or 
his deputy, appointed by virtue of this a£t, fhall be paid' 
by the manufadurer or owner of the faid Lime fix cents 
for each caik of Lime fo infpeded and branded ; and 
the faid Infpettor (hall be entitled to receive from any dep- 
uty he may appoint, one cent and a half for every calk faid 
deputy {feall infped: and brand according to this acl. 
infpeaors chc Sec. 5. Be it further enaded, I'hat there may be 
fen by towns, chofcn in cach town in this Commonwealth, where Lime 
is imported by water, at any annual meeting, one or more 
Infpeftors of Lime, who may, at the expenceofthe pur- 
chafers, infpe6l all Lime imported into or fold in their re- 
fpeclive towns or harbours 5 and fuch lnfpe£lors fhall 
have a right to demand and receive of every fuch pur- 
rees, chafer y^wr ce?its, for every cafk of Lime fo infpeded. 
lufpeflors of Sec. 6. Bc it firther ctiaded, Ihat each town within 
manufaAmed this Commonwealth, in which Lime is manufaftured, ex- 
'™^' cept the towns of Warren, Thomafton, and Camden, 
fhall, at their annual meeting in March or April, choofe 
one or more Infpeftors, whofe duty it fhall be to infpeft 
all Lime manufaftured within faid town, at the time it is 
filled at the kiln, and brand each calk in which the fame 
is put, with the word " Infpeded,*' and the firft letter of 
his chriftian name, and his furname at length, with the 
name of the fiid town : and he lliall receive from the 
Fees. manufafturer or owner of xIiq hxAlAvnt five ccjits, for 

each calkfo infpefted and branded. 

No Lime to be '^EC. 7. Be it further enaSed, That if any perfon fhall 

exported till prcfumc to fell, or expofe to fale, or fhip, or receive on 

mfpeapd. board any veiTel, in calks, any Lime, other than fuch as 

fliall be contained in caflts made as aforefaid, and having 

the aforefaid marks or brand, as required by this adl, re- 

fpeftively, the offender or offenders fhall incur the penalty 

Penalty. of one dollar a^d fifty cents, for each cafk fo fold, or offered 

for fale, ,or fhipped or received on board any veffel, to be 

fued for and recovered before any Juflice of the Peace, 

or 



LIME. . Feb. 27, 18 10.. 87; 

or Court of Common Pleas, as the cafe may require, by How recover- 
adion of debt ; and all fuch Lime and calk or calks Ihali ^'^' 
be forfeited to the ufe herein after provided. And it 
ftiail be lawful for any Juftice of the Peace, upon infor- 
mation given, of any fuch calk or calks of Lime, fold or 
expofed to fale, or put or received on board any veflel, 
to iffue his warrant, direfled to the Sheriff or his deputy, 
or conftable, requiring them, refpedively, to make fei- 
zure of any fuch Lime, fold or expofed to fale, or fhip- 
ped or received on board any veffel, and not made and 
marked as aforefaid, and to fecure the fame in order for 
trial : and fuch officers are refpedively authorized and re- 
quired to execute the fame. 

Sec 8. Be it further enaded^ That if, after any cafk No Lime unin- 
or calks containing Lime Ihall have been branded as re- ^^^^^^ X ^\ 
quired by this act, any perfon Ihall prefume to fhift the ed calks. 
contents of faid cafk or calks, and put therein any other 
Lime, with a defign to fell the fame, fuch perfon fo offend- 
ing lliall forfeit and pay Xkit^w^oi one dollar and fifty cents ^ Penalty. 
for every calk of Lime fo Ihifted, to be recovered in man- 
ner as aforefaid. 

Sec. 9. Be it further enaSled, That the Infpe£lors and 
deputy infpedors, appointed or chofen by virtue of this b" 'iworn! *° 
a6t, before they enter upon the duties of their office fhall 
be fworn to the faithful performance of the trull repof> * 

ed in them refpeftively. 

Sec. 10. Be it further enaded. That all penalties and Forfeitures, 
forfeitures incured by virtue of this a£t, Ihall be, one how applied, 
moiety to the ufe of the town, in which the offence Ihall 
be committed, and the other moiety to him or them who 
Ihall inform and fue for the fame. 

Sec. h. Be it further enaSled^ That all laws hereto- Former a^s 
fore made, relative to Stone Lime, or Lime Calks, be, repealed, 
and they hereby are repealed, from and after the firll 
day of June next : Provided neverthekfs. That nothing Provifo. 
in this a^ Ihall be conllrued to reftrain any manufacturer 
of Lime, or other perfon, from retailing Lime by the 
bulhel, or other quantities, not in calks. 

I^This a6t paffed Feb. 27, 1810.] 

CHAP. 



m PLYMOUTH BOARD OF HEALTH. Feb, 27, 18 10, 

CHAP. Lxn, 

An A6I: to empower the inhabitants of the town of Plym? 
outh to choofe a Board of Health, and for removing 
, and preventing nuifances in faid town. 

Sec. 1. -OE /V enaded by the Senate and Houfe of 
Reprefeufatives in General Court ajfeinhled^ and by the aur 
Town of Ply- thor'ity ofthefainey That the freeholders and other inhab- 
Sioofe a^Board ^'^'^'^fs o^ ^^e town of Plymouth, qualified to vote for 
of Health. towu officers, may, in the month of March or April annu- 
ally, or at any other meeting legally called for the pur- 
poie, choofe a Board of Health, confiding of five perfons ; 
the members of which board of health Ihall eleft a prefi- 
dent and a clerk, whofe duty it Ihall be to record the 
votes and doings thereof; and in cafe of the death or re- 
fignation of any one of the members of faid board, the 
faid freeholders or other inhabitants may, at any meeting 
legally called for the purpofe, eled a member to fupply 
his place. 
Their duty. jj^^. 2. Be it further enaded. That it fhall be the du- 

ty of the Board of Health, and each member thereof, to 
examine into all nuifances, and other caufes injurious to 
the health of the inhabitants, whether the fame fhall be 
caufed by flagnant waters, drains, common fewers, ilaugh- 
ter houfes, tan yards, fifh, fi(h houfes, docks, neceflaries, 
hogfties, putrid animal or vegetable fubftances, or any 
other caufe of whatever kind, which in his or their opin- 
ion may be injurious to the health of the inhabitants as 
aforefaid ; and upon complaint on oath being made to 
any Juftice of the Peace, by any member of faid Board 
of Health, or other perfon, that he fufpedls any of the 
nuifances, or caufes aforefaid to exift, in any dwelling 
houfe, cellar, ftore or other building, fhip or veffel, it fliall 
be the duty of fuch Juftice of the Peace to iffue his war- 
rant, direded to the fheriff of the county of Plymouth, or 
his deputies, or to any conftable of the town of Plym- 
outh, commanding him or them, forcibly to enter, and, 
to'^ether with a member of faid Board of Health, to fearch 
the fame in the day time, and upon the difcovery of fuch 
nuifance, or other caufe injurious to the health of the in- 
habitants^ 



PLYMOUTH BOARD OF HEALTH. Feb, 27, 1810* ^ 

habitants, to remove the fame : Provided however., That provifa. 
no fherifF or deputy flierifF, or conilable, {hall execute 
a«y civil procefs. either by arrefting the body, or attach- 
ing the goods and chattels of any perfon or perfons, un- 
der colour of any entry made for the purpofes aforefaid, 
unlefs fuch fervice could by law have been made without 
fuch entry ; and all fervices fo made, under colour of 
fuch entry, fhall be utterly void, and the officer making 
fuch fervice, Ihall be confidered as a trefpaffer, to all in-> 
tents ab initio : And any perfon or perfons who fliall refift 
l\ich fearch, fhall forfeit and pay the fum of /^» dollars, to Penalty for re- 
be recovered in manner hereafter provided. And it {hall for nuiSces. 
be the duty of the Board of Health, upon the difcovery 
of any fuch nuifance or other caufe, injurious to the health 
of the inhabitants of faid town, forthwith to remove the 
lame : and upon complaint to any Juflice of the Peace, 
within the faid town, or in faid county, made upon oath 
by one or more of faid Board of Health, briefly therein 
fiating the facls, together with the cofts of fuch removal, 
fuch Juflice {hall grant a warrant, therein expre{ling the 
fubflance of faid complaint, directed to the {heriff of the 
county of Plymouth, or his deputy, or any conftable of 
the town of Plymouth, commanding him to notify and 
require the perfon or perfons, in whofe poffeflion, or upon 
Tvhofe eftate, fuch nuifance or other caufe aforefaid exifl- 
ed ; or in cafe of his abfence, his agent or attorney to 
appear forthwith before fuch juflice ; and iffueh perfon or 
perfons fhall negle^l then and there to appear, or appear^ 
ing, {hall not fhew good caufe to the fatisfaclion of faid 
juflice, why judgment fhould not pafs againfl him or 
them ; the faid jultice fhall then and there adjudge, that 
fuch perfon or perfons fhall pay a fine of /^;2 dollars, and 
the cofls of fuch removal, and double cofls of profecu- 
tion ; and fhall thereupon iffue his warrant, direfled to 
the fherifF of the county of Plymouth, or his deputy, or 
aiiy conftable of the town of Plymouth, thereby com- 
manding him to levy the expence of faid removal, togeth- 
er with faid fine and double cofts, on the goods and eftate, 
and for want thereof, on the body of the faid occupier 
or proprietor of the houfe, land, cellar, docks, ftore, or 
veffel in which faid nuifances exifted ; and faid fine fhall 
be paid over to the town treafurer, for the ufe of faid 
tfiwn : Provided always. That any perfon or perfons ag- provifo. 

grieved, 



^o PLYxMOUTH BOARD OF HEALTH. Feb, 27, i8io, 

grieved at any judgment of a juftice, pafled againft him 
or them as aforefaid, Ihall have a right to appeal there- 
from to the court of Common Pleas thei* next to be bold- 
en within and for the county of Plymouth, who (hall hear 
and determine on fuch complaint, as the cafe may require,, 
and thereupon render fuch judgment as the juftice is 
herein before authorized to do in an original complaint 
to him, with additional cofts ; and the judgtnent of laid 

Provifo. CouTt thereon fliall be final : Provided neverthelefs. That 

no fuch appeal fhall be granted, uulefs the refpondent ftiall 
claim the fame, on the day on which the juftice's judg- 
ment fhall be rendered ; and fhall enter into recogni- 
sance with two fufficient fureties to profecute faid appeat 
with effect. And faid Board ihall have authority to ap- 
point fcavengers, and fuch other ofBcers to aflift; them in> 
the execution of their office, as they fhall judge neceffa- 
ry ; for payment of whom, and all neceifary expenfes, 
which may arife in the exercife of their ofHce, the faiJ 
Board fhall be authorized to draw upon the treafurer of 
faid town. 

No putrid or Sic. 3. Be it further enaSled^ That any perfon who 

tainted rneat to fhall ofFer for falc in the town of Plymouth, or fhall have 
e expo e j^ pofTefTion any tainted or putrid falted meat, or pick- 
led fifh, which fhall be fo deemed by any two of the Board 
of Health, upon convidion thereof, in manner aforefaid. 

Penalty, fliali forfeit the fum of two dollars for each barrel fo of- 

fered for fale, or that he fhall have in poffefTion ; and it 
Ihall be the duty of every licenfed packer of provifions 
and pickled fifh, to give information to the Board of 
Health, or fome one of them, of any fuch meat or fifh that 
fhall come to his knowledge ; and fhall moreover be 
fworn before the prefident of the Board of Health, or 
fome one of faid Board, to give fuch information before 
he fhall execute that truft, after faid Board of Health fliall 
have been chofen ; and the faid prefident and members 
are hereby feverally authorized to adminifter faid oath : 
and if any packer of provifions fliall repack any meat or 
fifh that fhall be unwholefome, or not fit for ufe, and b€ 
thereof convicted before any court competent to try the 
fame,he fhall forfeit two dollars for each barrel fo repacked, 
and fhall forever be difqualified for ferving again in that 
capacity j and no provifions fhall be repacked in the faid 
town of Plymouth, between the firft day of June, and the 

firft 



PLYMOUTH BOARD OF HEALTH. Feb, 27, 18 10. 91 

firfl: day of 0£tober, in any year, unlefs in fuch place or 
places therein, where permiffion therefor fhali be obtain- 
ed in \^riting, from the board of Health ; and any perfon 
or perfons who fhail repack any provifions within the times 
aforefaid, in the faid town of Plymouth, in any place or 
places where permiflion therefor in writing hath not been 
firfl: obtained of faid Board of Health, fhall forfeit the fum 
oitivo uollars., for each barrel fo repacked. 

S£c. 4. Be it further enaded. That no perfon or per- nq creatures to 
fons. without firft obtaining permiffion therefor from the be killed in the 
Board of Health, or two members thereof, ihall kill any ^'*^"* 
ftieep or lambs, or expofe to fale within faid town, be- 
tween the firfl day of July and the twentieth day of Sep- 
tember, in any year, the meat of any fheep or lambs, 
which fhall have been killed within two days after fuch 
iheep or lambs Ihall have been driven into faid town ; 
and every perfon who, without having firft obtained fuch 
permifion, fhall within the times aforefaid, kill any fheep 
or lambs within faid town, within two days after fuch 
flieep or lambs fhall have been driven into the fame, or 
fliall expofe or offer for fale within faid town, the meat 
of any flieep or Iambs which fhall have been fo killed, fhall 
forfeit and pay for each offence fifteen dollars ; and the Penalty. 
meat of every fheep or lamb fo killed, fhall be forfeited ; 
and the faid Board of Health, or any two of them, may, 
and it fhall be their duty, to feize and remove the fame, 
and difpofc thereof, fo as that the health of the inhabi- 
tants may not be endangered thereby ; and in any ac- 
tion or profecution againft the members of faid Board of 
Health, or either of them, for feizing any meat of flieep 
or lambs by virtue of this ad, the plaintiff or profecutor 
ihall be held to prove that fuch fheep or lambs were killed 
after the expiration of two days from the time the fame 
were driven into the faid town, or by permiffion of faid 
Board of Health. 

Sec. 5. Be it further enaded. That no untanned hides No untanned 
ffiall be (tored or kept in the town of Plymouth aforefaid, ^^^^'"benor. 
between the firft day of May and the firft day of Decem- 
ber, except in fuch place or places as the Board of Health 
fhall diredl and appoint ; and that all fuch hides, found in 
any other place or places in faid town, within the times 
lafl mentioned, ffiall be forfeited, unlefs removed to fuch 
place as the Board of Health fhall dired, without the 

limits 



Penalty. 



gi PLYMOUTH BOARD OF HEALTH. Feb. 27, 1810. 

limits of faid town, by the owner thereof, within twenty 
four hours after notice given him by the faid Board of 
Health, or any two of them ; and fuch hides, fo forfeited, 
fhall and may be feized by any two of faid Board of 
Health, and fliall and may be libelled and tried in the 
fame way and manner, and by the fame procefs, as is pro- 
vided for the trial of gunpowder feized according to Iw. 
And any perfon or perfons, who fhall throw upon the 
wharves or fhores, or into any of the docks in the town, 
any putrid meat, filh, or any other putrid or oiRnfive lub- 
ftance, or any thing contrary to the order or regulations 
of the Board of Health, fhall forfeit and pay for each of- 
fence, a fum not lefs than two dollars nor more than ten 
dollars^ at the difcretion of the court which may have cog- 
nizance of fuch offence : that all mailers of veffels who 
fhall throw upon the wharves or fhores, or into any of the 
docks of faid town, without permifTion from the Board of 
Health, any filth or fweepings of the veffePs hold, which 
may endanger the health of the inhabitants of faid town, 
fhall forfeit a fum not lefs than^i;^ dollars, nor more than 
fifty dollars, for each offence. 

Sec. 6. Be it further enabled. That all the powers and 
powers "trans- duties which are given to, and required of the feledmen 
ferred. q^ the towH of Plymouth, by a certain law of this com- 

monwealth, paffed the twenty fecond day of June, one 
thoufand feven hundred and ninety feven, entitled, '* An 
Adi to pfevent thefpreading of contagious ficknefs ;" and 
alfo one other law of faid commonwealth, paffed the 
twenty-fixih day of February, eighteen hundred, entitled, 
" An Aft in addition to an aft entitled. An Aft to pre- 
vent the fpreading of contagious ficknefs," fhall be, and 
they hereby are transferred to, and made the duty of the 
faid Board of Health ; any thing in faid laws to the con- 
trary, notwithftanding. 
Phyficlantothe Sec. 7. Be it further enaBcd, That the faid Board of 
Health be, and hereby are empowered, from time to time, 
to choofe a fuitable and difcreet perfon to aft as a vifit- 
ing phyfician to faid Board, whofe duty it fhall be, to vi- 
fit all veffels coming from any place or places in which 
the faid Board fhall think any contagious ficknefs pre- 
vails ; and fuch phyfician fhall be under the direftion of 
" faid Board, and may be removed by them, whenever 
they fhall fee caufe. And whereas, by the eleventh fec- 

tion 



SeleAmen's 



MERRIMACK BIBLE SOCIETY. Feb. 27, 1810, 93 

tion of the adt of this commonwealth, entitled, " An A£t 
to prevent the fpreading of contagious ficknefs," it is en- 
abled. That each town and diftridl in this commonwealth 
may, at their meeting held in March or April annually, 
or at any other meeting legally warned for that purpofe, 
when they (hall judge it to be neceffary, choofe and ap- 
point a Health Committee in the manner, and for the pur- 
pofes in faid eleventh feclion mentioned. 

Sec. 8. Be it further enabled. That fo much of faid P:»rt of former 
law, as refpedts the future appointment of a Health Com- ^^ "P"-'^^ • 
mittee for the town of Plymouth, be, and the fame is ■ 
hereby repealed ; and that the Board of Health to be ap- 
pointed by virtue of this aft, be, and they hereby are made 
and (hall be th>; Health Committee for the town of Plym- 
outh, and be inverted with all the powers and duties 
which are granted to, or impofcd upon faid Health Com- 
mittee, in and by faid ad:. 

Sec. 9. Be it further enaded. That all penalties and f;^"/Jj';;^ ';;';j 
forfeitures arifi.ng from this act, except in thofe cafes in appropriated, 
which it is herein otherwife provided, fhall accrue to the 
ufe of the town of Plymouth ; and fhall be profecuted 
and recovered by aftion of debt, in the name of the Prefi- 
dent of the faid Board of Health, or by information in 
any court competent to try the fame : and it fliall be the 
duty of the Board of Health, and of each member there- 
of, to purfue and enforce the due execution of the fore- 
going law, and profecute all offenders for all penalties 
and forfeitures which may accrue under the fame. 

[This ad: palled Feb, 27, 1810.] 



CHAP. Lxni. 

An A£t to Incorporate the Merrimack Bible Society. 

Vt HERKAS the perfons hereafter nam- Preamble. 
cd in this ad, together with many citizens of the town of 
Mewburyport and its vicinity, have formed themfelves in- 
to a fociety for the purpofe of raifmg a fund to be appro- 
priated in procuring bibles of the verlion in common 
ufe in the churches in New England, for diftribution a- 
N raong 



.94 MERRIMACK BIBLE SOOETY. Feb. 27, iSic 

mong thofe perfons in this Commonwealth, and elfcwhere,, 
who are deftitute of the facred fcriptures, and who can- 
not be conveniently fupplied without fuch aid, and alfo 
for the diftribution of the bible in fuch other languages 
as may from time to time be eonfidered expedient ; and 
whereas in order that the pious and laudabFe objeds of 
faid fociety may be effeQually promoted, and the charity 
of foid fociety more extenfively diffufed, they have pray- 
ed for an a6t of incorporation. 

Sec. I . BE it therefore enabled by the Senate and Houfe of 

Reprefentatives in General Court affembled^ and by the author- 

Perfons incor. ''J of the fame ^ That William Coombs, Samuel Spring, 

porated. John Andrews, Daniel Dana, Charles W. Milton, James 

Morfs, James Whittemore, John S.Popkin, William Bart- 

lett, IhomasM. Clark, Daniel A. White, Jx)hn Pear- 

fon, Stephen Holland, Richard Pike, and William Woart, 

together with thofe who have affociated or may hereafter 

affociate with them for the purpofe aforefaid, be, and 

they are hereby incorporated into a fociety by the name 

of The Merrimack Bible Society. . 

Corporation to Sec. 2. wS^ // further enabled. That the faid William 

the ^coitrd o*f ^^^'^^^^^ ^°^ others above named, and their affociates, 

the Legiiiature. ^^^^ ^c and remain a body politick and corporate during 

the pleafure of the Legiiiature, and may have a feal. 

Powers and ^^^ich they may alter at pleafure ; and the faid fociety 

privileges. fhall be^ Capable of taking and receiving from any perfons 

difpofed to aid the benevolent purpofes of this inftitution, 

grants or devifes of lands and tenements, in fee fimple or 

otherwife, alfo donations, bequefts, and fubfcriptions of 

money and other property, to be ufed and improved for 

the purpofes aforefaid. 

Sec. 3. Be it further enacted. That the faid corpora- 
tion {hall be and they hereby are empowered to purchafe 
and hold other real eflate than that which may be given 
to them as aforefaid : Provided, That the value of the 
whole eftates, real and perfonal, of faid fociety, fhall not 
exceed one hundred thoufand dollars. 

Sec. 4. Be it further enacted. That the faid fociety 
may fue and be fued in their corporate capacity, and may 
appoint an agent or agents to profecute and defend fuits, 
with power of fubllitution. 
oflicers. Sec. 5. Be it further enabled. That faid fociety may 

choofe a prefident, vice-prefident, treafurer, fecretaries, 

managers, 



MARINE & FIRE INSURANCE. Feb. 27, 1819. ^5> 

managers, and fuch other officers as they fhall fee fit, and 
may make and eftablifh fuch rules and regulations as to 
them fhall appear neceffary : Provided^ The fame be not 
repugnant to the conflitution and laws of this common- 
wealth. 

Sec. 6. Be it further enacted. That William Coombs, Firft meeting. 
Efq. be, and he hereby is authorized, by notification in 
the Newburyport Herald, to appoint the time and place 
of the firft meeting of faid fociety, at which meeting the 
faid fociety may choofe the officers aforefaid, may pre- 
fcribe their duty, and may veil in the faid officers fuch 
powefs, conformable to the principles of this inflitution, 
as (hall be deemed neceffary. 

[This act paffed Z'^^. 27, 18 10.] 



CHAP. LXIV. 

An Aft, in addition to an ad, entitled, " an a6l to incor- 
porate Jofeph Williams, John Balch, and others, into 
a company by the name of The Union Marine and Fire 
Infurance Company, in Newburyport.** 

VV HERE AS the Union Marine and Fire' Preamble. 
Infurance Company, in Newburyport, have invefled the 
capital ftock of the faid company, in the manner al- 
though not within the time prefcribed in faid ad : There- 
fore, 

BE it enabled by the Senate and Houfe of Rep- Charter con- 
refentatives in General Court ajfembled, and by the author-, ^'■'"^'*- 
ity of the fame. That the ad of incorporation of faid com- 
pany be, and the fame hereby is eftabliihed and confirm- 
ed, notwithftanding any failure of compliance on the 
part of faid company with the terms of faid ad, in the 
mode and time of colleding, and in the time of inveft- 
ing, the capital ftock : — And that the rights and privi- 
leges of faid company fiiall be, and continue to be, the 
fame as they would have been, had the terms of faid ad 
been complied with : Provided, That nothing herein Provif(>, 
contained ihall be conftrued to affed the liability or 

rights 



96' EXCHANGE COFFEE-HOUSE. Feb. 27, 1810. 

rights of faid company, or the rights of any perfon or 
perfons, who may have been injured by the failure o£ 
laid company to comply with the terms of faid ad. 
[This ad pafled Feb,2'j, 1810.] 



CHAP, LXV. 

An Ad In further addition to an ad, entitled, An Ad 
to incorporate fundry perfons hito a company by the 
name of The Proprietors of the Exchange Coffee Houfe. 

Sec. I. XJE // enaSfed by the Senate and Houfe of 
Reprefentatives in General Court affembled^ and by the au- 
thority of the fame. That the proprietors of the Exchange 
rrT^TftedTn ^offce Houfc, In their corporate capacity, lliall be, and 
the Proprietors, hereby are declared capable to purchafe, have, hold, and 
poffefs all and fingular the lands and buildings InBofton, 
adjoining or near to the Exchange Coffee Houfe, of 
which the members of the faid corporation, as proprie- 
tors in common, are now feized and poffeffed, and alfo of 
all or any part of the land lying between the north fide 
of faid Coffee Houfe and State ftreet in faid Bofton, which 
they may deem neceffary or convenient for the accomo- 
dation of faid building ; and the fame or any part therof, 
to grant, fell, alien, leafe, exchange, manage and im- 
prove in fuch mode, as they are, or may by law be au- 
thorized 1^ do, with refped to the land defcribed in the 
original ad, to which this is in further addition. 

Sec. 2. Be it further enaded. That the faid corpo- 
ration may, at any legal meeting, agree upon the num- 
ber of fhares into which the faid eftate fhall be divided, 
and upon the form of certificates to be given to individu- 
als, of the number of fhares by them refpedively held, 
and upon the mode and condition of transferring the fame, 
■which fhares fhall be held and confidered asperfonal eflate, 
in the fame manner that fhares in turnpikes, bridges, and 
canal companies are by law, held and confidered ; any 
thing in the ad to which this is in further addition, to 
the contrary notwithdanding. 

[This ad paffed Feb, 27, 18 10.] 

CHAP. 



BOSTON HAT MANUFACTORY. Feb, 27, 18 10. 9*^ 



CHAP. LXVI. 

An Ad to incorporate certain perfons by the name of The 
Bofton Hat Manufadory. 

Sec. I. j3e it enaSfed by the Senate and Hotife of 
Rcprefentatives in General Court ajfer.ibled^ and by the au- 
thority of the fame ^ That Thomas S. Bordman, Samuel Perfons incor- 
Barry, Daniel Meffinger, Eliiha Vofe, Jeffe Brown, Mat- ^""'^'^^ 
thias Crocker, William Barry, Henry Meffinger, Thom- 
as Hughes, Gerry Fairbanks, Charles Vofe, Bradford Lin- 
coln, Jofhua Vofe, Aaron Clap, William Bordman, jun. 
John Bordman, Caleb Hartfhorn, Afa Croker, George 
Haven, Zab Adams, James Pratt, jun. Martin Bales, 
John H. Brown, Aaron Healy, Richard Hay, William 
King, Peter Dexter, and Nathaniel Fowle, with fuch as 
already have or hereafter may affociate with them, their 
fucceflbrs or affigns, be and hereby are made a corpora- 
tion by the name of The Bofton Hat Manufactory, for the 
purpofe of manufacturing hats at any place or places 
within ten miles of Bofton, and for that purpofe fhali 
have all the powers and privileges, and be fubjed to all 
the duties and requirements, contained in an ad palT- 
ed the third day of March, 1809, entitled An Ad defin- 
ing the general powers and duties of manufaduring 
corporations. 

Sec. 2. Be it further enaSfed, That faid corporation Powers and 
may be lawfully feized and poffefTed of fuch real eftate Privileges. 
not exceeding twenty thoufand dollars, and of fuch per- 
fonal eftate, not exceeding one hundred thoufand dol- 
lars in value, as may be necelfary and convenient for the 
carrying on the manufadure of hats. 

[This ad pafled Feb. 27, 18 10.] 



CHAP. 



^^ MACHIAS FISHERY. M. ty, i8i»-. 

CHAP. LXVIL 

An Ad to fet off Samuel Floyd, from the town of Augufta, 
and to annex him to the town of Winthrop. 

XjE // enabled by ihe Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au^ 
ihority of the fame, Fhat Samuel Floyd of Augufta, in the 
county of Kennebeck, with his lamily, and the lot of land 
en which he now lives, in the faid town of Augufta, be, 
and the fame is hereby fet off from the town of Augufta, 
and annexed to the town of Winthrop, in the fame coun- 
ty, and Ihall hereafter be confidered a part of the fame, 
there to do the duties, and enjoy the privileges thereof, 
^s the other inhabitants of faid town of Winthrop : Pro* 
X'ided neverthe/efs. That the faid Samuel Floyd, fball be 
holden to pay all taxes that have been legally affeffed on 
him by the faid town of Augufta, prior to the paffmg of 
this ad, in the fame manner as if it had not been made. 

[This ad paffed Feb, 27, 18 1®.] 



CHAP. LXVIII. 

An Ad to regulate the taking of Salmon, Shad, and Ale- 
wives, in the town of Machias. 



Preamble. 



VV HERE AS, the laws heretofore made 
for the prefervation of the fifh called Salmon, Shad and 
Alewives, in the town of Machias, are found inadequate 
for that purpofe : Therefore, 

Sec I . BE it enaded by the Senate and Uoufe of 

Reprefentatives in General Court ajfembled, and by the au- 

w "^^aied ^^^' thority of the fame. That all laws heretofore made to pre- 

^ ' vent the deftrudion and to regulate the catching of fal- 

mon, fliad and alewives, fo far as the fame apply to the 

rivers and ftreams in the town of xMachias, be, and they 

Frovifo. are hereby repealed : Provided neverthelefs. That all pro- 

fecutions, adions, and proaeffes now depending, and 

grounded on a fuppofi^d violation of any fuch law, or laws, 

may 



MACHIAS FISHERY. Feb. 27, i8ic* g^ 

may be profecuted to final judgment and execution, as 
though this aft had never been made. 

Sec. 2. Be it further enaded. That no perfon- or per- No dams or 
fons from and after the paffing of this aft, (hall build or "^^^ ^^^J'^"^: 
ered any mill-dam, wears, obftruftion, or incumbrance, reaed, wUkout 
or continue any mill-dam, wears, obftrudion, or incum- '^"'"'' 
brance, already built, made, or eredted, or that may here- 
after be built, made, or erected, in or acrofs any of the 
rivers, ftreams, bays, or coves in the faid town of Ma- 
chias, unlefs he or they dc^ ^nd fhall aftually provide, 
open, and keep open, at their own expenfe, a good and 
fufficient fluice-way, cind palTage for the faid fifh to pafsi, 
between the firft day of May and the firft day of Sep- 
tember, annually ; and if any perfon or perfons, after 
the paffing of this a£t, Ihall build or ere£t any mill dam, 
or other obftrudion, or continue any mill dam, or other 
obftrudion, already built, ereded, or made, or that may 
hereafter be built, made or ereded, inor acrofs any of the 
rivers, ftreams, bays, or coves aforefaid, in which the 
faid fifti before fuch obftrudion did ufually go up to the 
lakes and ponds to caft their fpawn, excepting as is here- 
in before provided an4 allowed, he or they fo off"ending, 
fliall forfeit, for each «tnd every day that fuch obftrudion 
ftiall be continued, a fum not exceeding twenty dollars. Penalty. 
nor lefs tjian ten dollars ; and no paflage or fluice way ihall 
be deemed fufficient, within the meaningof this ad, un- 
lefs the fame fliall be fo conftruded and made, and the 
ftream below kept open and clear of all obftrudions, fo 
thai the faid fifli can and do adually pafs through 
or over the fame with eafe and convenience. And where- 
as the faid fifh do not always go up faid rivers and 
ftreams fo early as the firft day of May, nor always con- 
tinue to run fo late as the firft day of September : 
Therefore, 

Sec 3. Be it further enable d^ That when it ffiall ap- Committeemay 
pear to the major part of either of the committees herein palest ^ °^' 
after mentioned, that the continuance of any fuch ob- 
ftrudion in or acrofs any of the rivers, ftreams, bays, or 
coves aforefaid, within the limits or diftrid of fuch com- 
mittee, or that the itopping of any of the paflages or fiuice 
ways, within their faid diftrids refpedively, fiiall be ex- 
pedient and advifable, it ffiall be in the power of the ma- 
jor part of faid qommittees, within their refpedive dif- 
trids, 



taken at cer 
tain times. 



too MACHIAS FISHERY. I^el;. 27, i8i<y, 

trids, in writing, by them figned, to licence and author- 
ize fuch continuance or fuch ftoppage to fuch reafonable 
time beyond the firft day of May, and before the firfl day 
of September, as they may refpeftively judge equitableand 
right, any thing herein to be contrary contained notwith- 
ilanding. 
Fiflinot to be Sec. 4. Be ttfurther ena^ed. That no perfon or perfons 
" from and after the parting of this a6l, fhall take or catch 
any falmon, {had, or alewives, in any part of the faid riv- 
ers, or in any of the dreams, bays, or coves, aforefaid, be- 
tween the firft day of May, and twentieth day of Auguft 
annually, at any other time than between funrife on Mon- 
day and funrife on Friday, in each week. 
No iifh to be Sec. 5. Be it further enaded^ That no perfon or per- 
taken within f^^s fhall be allowed at any time, while faid fifh paifaMCS, 

two rods of any . •' r r ' ^ 1 ■ r 

fluices. or lluice ways are kept open as arorelaid, to catch any or 

the faid fifh, or fet any feine, net, pot, or other machine, 
for the purpofe of taking or catching any of the faid fifh, 
within the diftance of two rods from any fluice or paffage 
way left open for the purpofe of letting the faid fifh pafs 
up any of the rivers or flreams aforefaid ; and if any per- 
fon or perfons fhall take or catch any of the faid fifh, or 
fet any net, feine, pot, wears, or other machine, for the 
purpofe of taking or catching any of the faid fifh, in any 
of the rivers, flreams, bays, or coves, aforefaid, on any 
day or night other than is allowed by this ad, or within 
the diftance of two rods of any fluice way or palfage way 
as aforefaid, he or they, fo offending, fhall forfeit the 
feine, net, pot, wear, or other, machine, fo ufed, and pay 

Pienaity. a fine not exceeding thirteen dollars, nor lefs than one dol- 

lar ^ half thereof to him or them that will profecute there- 
for, and the other moiety for the benefit of the faid town 
of Machias ; and it fhall be the duty of the committees 
hereinafter mentioned, or any one of them, within their 
refpeclive diflridls, upon finding any net or feine, fetting 
or ftanding in any of the rivers or flreams aforefaid, and 
in violation of this aft, to take and feize the fame, togeth- 
er with the fifh that may be found therein, and the fame 
net or feine and fifh fo taken, within twenty four hours 
then next, to carry before fome Juftice of the peace in the 
county of Wafliington, and there libel the fame, in which 
libel the Ubellant fhall defcribe the place where, the time 
when, andcaufe of feizure, and the articles thus libelled j 

and 



MACHIAS FISHERY. - Feb. 27, 1810. lot 

and the Juftice before whom fuch libel Ihall be made^ 
fhall caufe a copy thereof, under his hand, to be made 
out, and forthwith to be pofted up in fome confpicuous 
place, or places in the vicinity, where he fhall determine 
notice of the tranfaclion will be mod generally given, and 
therein affign a particular time and place for the owner ot 
claimant to appear, which time {hall not exceede ninety 
iix hours nor lefs than forty eight hours from the time 
the Hbel fhall be filed with him as aforefaid, and if no per- 
fon appear to claim the fame, or if the perfon appearing 
being the owner thereof, fhall not make it appear to the 
fatisfaftion of the Juflice, that he was not diredly or in*- 
diredly by himfelf or any other f>erfon, by, for, or under 
him, concerned in fetting fuch net or feine, then the Juf- 
tice fhall enter up a decree that the fameare forfeited, one 
half the net or feine, and all the fifh to the ufe of the libel- 
ant, and the other moiety of the net or feine to the ufe of 
the faid town, and order the fame to be fold at publick 
audion accordingly, and fhall proceed to fell the fame at 
audion himfelf, or make out a precept in writing to fome 
officer to fell the fame accordingly j and in cafe upon a 
hearing it fhall appear to the Juflice that the net, feine, 
or fifh, are not by this ad for the caufes in the libel al- 
ledged, forfeited, he fhall decree a reftoration thereof 
to the claimant, and deliver them to him accordingly, 
and for every libel and proceeding thereon as aforefaid, 
the faid Juflice fhall be entitled to receive and demand 
one dollar and no more, and at the rate of fifteen per 
cent, arifmg on the fale. 

Sec. 6. Be it further eiiafted. That no net or feine Nets not to ei- 
ihall reach or extend more than one third acrofs any riv- ^fn^ acrofs any 
er or flream when the fame fhail or may be fet, drawn or "^ * 
ufed, under the penalty of forfeiting the fame, and any 
perfbn who fliall refufe or prevent the committees or 
any of them from meafuring any feine or net which fhall 
be ufed for the purpofe of taking any of the faid fiih, in 
any of the rivers or flreams aforefaid, fhall forfeit and 
pay the fum oiftx dollars. 

SfcC. y. Be it further enaSled, That a pafTage or fluice PafTages to be 
way fufticient for the fafe, eafy, and convenient pafTmg ""^p^ "P^"- 
down of faid fifli, both old and young, fhall be provided, 
opened, and kept open, from the firft day of September 
.to the fifteenth day of Odober annually, at the difcretion 
O of 



J02 MACrilAS nSHERY. Feb. 27, 1810. 

of faid committees, over, or by all fuch dams or other ob- 
ftrudions aforefaid ; and if any perfon or pcrfons, mak- 
ing, erecting, interefled, or concerned in, fuch dam, mills, 
or other obltrudions, fhall ofl'end in this particular, he or 
they ihall pay a fine for each and every day, he or they 
Penalty for ne- fhall fo oftend, a fum not exceeding tiventy dollars nor lefs 
^lea. ih2injive dollars. 

Sec. 8.. Be it further enaSfed, That the inhabitants 
Fifli committee of the faid iovfTi of Machias be, and they are hereby em- 
rhe^Vwn!"'^^ powered and directed, at their annual meetings in April 
forever hereafter, to choofe by written ballot or otherwife, 
two feparate committees, of three or more fuitable perfons 
each, fo fituated within their refpedive diflrids as 10 be 
able to detecl in the moft effedual manner any breaches 
of this act, whofebufmefs it fhall be to fee that this aclis 
nty. ^J^Iy obferved within their refpedive diftrids ; and each 
perfon fo chofen and accepting, fhall take an oath, faith- 
fully to difcharge the duties required of him by this acb, 
aiid the faid committee fo chofen and qualified as afore- 
faid, or the major part of them refpedively, are hereby 
empowered and direded to infped the feveral streams, 
rivers, bays, and coves, within their refpective diflrids, 
and fee that there are fufficient paffages for the faid fifh 
to pafs up and down, open and keep open, without ob- 
flruction, during the terms, and in the manner this a6t 
directs, excepting as herein before provided and allowed. 
And it fhall be the dyity of the faid committees refped:ive- 
ly to make complaint of any, and every breach of this 
ad, within their refpeclive diftricls. 

Sec. 9. Be it further cnaded. That when the owner, 
or owners of any mill or mills, mill dam, or other dams, 
wears or other obllrudions, made or eredted in or acrofs 
any of the rivers, 'flreams, bays, or coves, aforefaid, fhall 
refufe or neglecl to open, or to continue open, fufiicient 
fluice way or ways in their mill dams or other dams, 
wears, or other obflrudions, refpetlively, in every fuch 
cafe the faid coinmitees refpedively, or the major part 
of either of them, fhall, within their refpedive diftrid, 
order fuch fluice ways to be opened, and they are hereby 
authorized and direded to cauie the fame to be done, 
as fpeedy as may be ; and the owner or owners of faid 
dams, wears, or other obflrudions fo negleding or refu- 
fjng, upon notice given them, or any of them, by faid 

committees, 



MACIIIAS FISHERY. Feb, 27, 18 10. 103 

committees, fhall forfeit and pay a fum equal to the rea- 
fonable expence of openinj^ and continuing open any 
fuch fluice way or ways, with the addition of fifty per 
cent, thereto, which forfeiture fhall be recovered by the 
faid committees, by adion of the cafe to be by them in- 
ftituted and purfued to final judgment and execution, in 
their capacity afore(aid, and the faid committee, when 
acting in their official capacity, in doing any bufinefs, 
matter, or thing, agreeable to, or required by this aft, 
fhall not be confidered as trefpaffers, or be liable to any 
penalty or damage. 

Sec. 10. Be it further enaded. That if the faid town Penalty in cafe 
of Machias fhall negledl to choofe the feveral committees |'^!^ town neg- 
required by this act, they fhall forfeit and pay the fum of committees. 
one hundred and fifty dollars, one half for the benefit of 
the poor in, faid town and the other half thereof to the 
informer, which may be fued for, and recovered by any 
perfon or perfons complaining of the fame ; and if any 
perfon fo chofen fhall refufe to ferve in faid office, unliefs committee re^ 
he is chofen tofome other office in the town, he fhall for- fufingtoferve, 
feit and pay the fum oi ftx dollars for the ufe of the poor Penalty, 
of faid town, to be recovered by the town treafurer, and 
the faid town fhall proceed to a new choice, and fo toties 
quoties. 

Sec. \\. Be it further enaded, That for the purpofes ^^"'^'^ '^'^''^- 
of this aft only, the faid town of Machias be and hereby 
is divided into two diflrifts to be known by the name of 
the Eafl and the Weft Diftrifts, the Eaft Diftrift to com- 
prehend theEaft river, fo called, in faid town as well as 
all the ftreams, bays, and coves thereof, and the Wefl 
Diftrift to comprehend all other rivers, ftreams, bays, 
and coves, within faid town. 

Sec. 12. Be it further enaded^ That all fines and for- Penalties ho» 
feitures, incurred by the breach of this aft, not otherwife 
herein direfted, fhall be recovered by bill, plaint, or in- 
formation, in any of the courts of record within the coun- 
ty of Waftjington, proper to try the fame, and all fines 
and forfeitures fo incurred by any offence committed 
againft this aft (not otherwife appropriated) fhall enure, 
the one half thereof to the poor of the town, and the oth- 
er moiety to him or them who Ihall prfoecute therefor : 
Provided neverthelefs, I'hat nothing in this aft fhall be fo » 
conftrued as to debar any perfon of the righ ito profe- 



t^4^ CHAPPEQUIDDICK INDIANS. Feb. 27, 1810. 

cute, and they are hereby authorized and empowered to 
profecure and purfue to final judgment and execution, 
any perfon for any breach of this ad ; and no perfon by 
reafon of his being one of the committees, chofen and 
quahfied as aforelaid, fhall be thereby difquaiified from 
being a witnefs in any profecution for a breach of this 
ad;. 

[This aft paffedi''^^. 27, i8io.] 



CHAP. LXIX. 

An a£t for the better regulating the Indians and other peo- 
ple of colour, Inhabitants of the Illandof Chappequid- 
dick in the county of Duke's County. 

Sect. i. X^Y. it enaBed by the Senate and Houfe of 
Reprefentati'ues in General Court ajfembled^ and by the au- 
Govetw\is.&\xAthorityofthefame, That His Excellency the Governor, 
pdnrcommK with the advice of the Council, is hereby authorized and 
fioners to affign requcfted to appoint three Commiffioners who (hall meet 
4duak° '" ' '^^ the month of March next, and when met fhall have 
power to make a diftindb and fpecific aflignment of the 
lands belonging to the Indians, and other people of col- 
our, inhabitants of the Ifland of Chappequiddick in the 
County of Duke's County to the different individuals and 
famiHes, in fuch quantities as they fhall deem proper, re- 
ferving from faid lands fuch portions for annual appro* 
priations by the Guardians of the faid Indians, and peo* 
pie of colour, as the faid Commiffioners may judge ex- 
pedient and each individual and family, fhall retain pof* 
lellion of the land fo afTigned for the term of ten years 
from the thirty firft day of March next, at which time a 
new afTignment of the faid lands, fhall be made by the 
Guardians of the faid Indians. 
Nocontrafeof Sec. 2. Be it further enabled. That no promjfe made, 
^"f rU^'"''' ^^ contract entered into by any of the faid Indians, or 
people of colour, fhall be valid in law, unlefs the fame be 
made or entered into with the written confent of two or 
more of their Guardians, and no adion hereafter brought 
upon fuch promife or centred, made or entered into, 

without 



GLOUCESTER BANK. iiA. a;, iSio. 105 

without fuch written confent, fliall be fuftained in any 
Court of Law. 

Sec. 3. Be it further enaded. That no a£tion fhall be 
fuftained in any *^ourt of Law in this commonwealth, 
wherein any of faid Indians or people of colour fhall 
be plaintiff, unlefs the original writ be endorfed by two 
or more of their Guardians, and this ad may be given 
in evidence in ail fuch adions under the general iffue. 
[Ihis Ad pafled Feb. 27, 1 8 10.} 



CHAP. LXX. 

An Ad in further addition to an ad, entitled. An ad to 
incorporate fundry perfons by the name of The Prefi- 
dent, Diredors and Company of Gloucefter Bank. 

Sec. I. JOE it ena&ed by the Senate and Houfe qf 
Reprefentatiiies in General Cmrt a/fembled, and by the au- ^Jouceft. Bank 

J • f 1 r mi ' i_ n. r • .♦ a. i-i'/L charter extend- 

ihQrity ofthefanie. That the act of mcorporation eltabliih- ed. 
ing the Bank in Gloucefter in the county of Jtffex, be, and 
the fame is hereby extended and continued to the firft 
Monday of Odober, in the year of our Lord, eighteen 
hundred and twelve, with all the rights and privileges, 
and fubjed to all the penalties and forfeitures provide^ 
by faid ad. 

Sec. 2. Be it further €na^ed. That the Prefident, 
Diredors, and Stockholders of the faid Bank, and their 
fucceffors, be, and they are hereby made, jointly and fever- 
ally, liable in their refpedive perfons and eftates, as well 
as in their corporate capacity, to fulfil all contrads and 
jedeem all bills made andiffued by the faid Corporation. 
[This ad pafled Feb. 27, i8io.] 



CHAP. 



ic6 METHODISTS. March i, i8i©. 

CHAP. LXXI. 

An aft to incorporate a number of the inhabitants of the 
towns of Durham and Pownal, into a religious fociety, 
by the name of The Methodift Society in Durham 
and Pownal. 



Sec. I. 13 E /V enabled by the Senate and Houfe of 
Representatives in General Court ajfrnbled^ and by the 
Perfons \ncor. auibority of the fatne. That Mofes Allen, John Allen, 
porated. Mehemiah 4llen, Nehemiah Allen jun. William P. \l- 

len, William Blake, Jofeph Brown, Jeremiah Brown, 
Heman M. Brown, Lendell Curtis, John Cufhingjun. 
Enoch Davis, Richard Doan, Francis Duran, Matthew 
Duran, Paul Dyer, George Fergufon, Edward Fifield, 
Benjamin Fogg, George Goodwin, Daniel Harmon, 
Robert Harmon, Zebulon Harmon, William Jones, Ifaac 
Lambert, Jacob Larrabee, Jacob 'Libby, Jofiah Libby, 
Ellifon Libby, Alexander Libby, John Megray, William 
Mitchel, jun. Enoch Newell, Lbenezer Newell, David 
Ofgood, Jofeph Paine, Thomas Paine, T homas Pierce, 
Benjamin Pettengill, Luther Plumer, Eliflia Potes, Ifaac 
Randall, Jacob Randall, John Randall, Sufanna Roberts, 
Lemuel Roberts, I homas Roberts, William Roberts, 
Allifon 6killen, Jofhua Snow, John Stackpole, jun. Abel 
True, Daniel True, Jonathan I'rue, Samuel True, Will- 
iam True, Simeon Tryon, Ezekiel Turner, Lebbeus Tut- 
tle, John Tyler, Ebenezer Warren, i'homas Waterhoufe, 
Wilham Webfter, and Daniel York, together with fuch 
other as already have, or may hereafter affociate with 
ihem and their fucceflbrs, be, and they are hereby incor- 
porated into a feparate religious fociety, by the name 
of The Methodift Society in Durham and Pownal, with 
all the powers and privileges, and fubjed to the fame 
duties with other religious focieties, according to the 
conftitution and laws of this commonwealth : Provided 
Provlfo. however, 1 hat all fuch perfons fliall be ho! den to pay 

their refpeftive proportions of all monies legally aflfelfed 
for parochial purpofes, in the parifh or religious fociety 
to which he or flie formerly belonged. 

Sec. 



METHODISTS; March i, 1810. 107 

Sec. 2. Be it further enaBed^ That any perfon belong- Manner in 
ing to any other religious fociety, in either of the faid which others 
towns of Durham and Pownal, who may delire to join {bcfety!°"* 
with the faid Methodift fociety, fhall declare fuch inten- 
tion in writing, delivered to the minifteror clerk thereof, 
and alfo a copy of the fame delivered to the town clerk, 
or to the clerk of fuch other fociety, (as the cafe may re- 
quire) and if fuch perfon do produce a certificate figned 
by the minifler, deacons or clerk of the faid Methodift 
fociety, that he or (he has united with and actually be- 
come a member thereof, fuch perfon fhall from the date 
of faid certificate, be confidered with his or her polls and 
eflate, as a member of the faid Methodift fociety. 

Sec. 3. Be it further enaded. That when any member Manner of fe- 
of the faid Methodift fociety fliall fee caufe to fecede "ding. 
therefrom, and to unite in rehgious fellowfliip with any 
other religious fociety, fliall give notice of fuch intention. 
in writing, to the minifter or clerk of the faid Methodift 
fociety, and deliver a copy of the fame to the clerk of the 
town or to the minifter or clerk of fuch other fociety (as 
the cafe may be) fifteen days before the annual meeting, 
and fhall produce a certificate of admiffion, figned by the 
minifter, elder, or clerk thereof, fuch perfon with his c«- 
her polls and eftate, fhall, from the date of fuch certificate, 
be confidered as a member of the fociety, with which he 
or fhe hath fo united : Provided however. That in every Provifo. 
cafe of feceffion, every fuch perfon fhall be holden to pay 
his or her proportion of all parifh or fociety charges and 
affeffments, legally affeffed and not paid, previous to fuch 
feceflion. 

Sec. 4. Be it further enaded. That either of the juftices ^'ffi Meeting. 
of the peace for the county of Cumberland, be, and he is 
hereby authorized, upon application therefor, to iffue a 
warrant, directed to a member of the faid Methodift 
locieiy, requiring him to notify and warn the members 
thereof, to meet at luch convenient time and place as fhall 
be expreffed in the faid warraiit, for the choice of fuch 
officers as the cuftoms and rules of the faid fociety do 
require, and as religious focieties are by law empowered 
to choofe and appoint at their annual parifh or fociety 
meetings. 

[This a£l pafTed March i, iSic] 

GHAP. 



log SUFFOLK COURT-HQUSE. March i, i8i(?, 

CHAR LXXII. 

An A£t to authorize the Juftices of the Court of Com- 
mon Pleas for the county of Suffolk, to purchafe Land 
and ered a New Court Houfe thereon.. 

Sec. 1. xDE // enaded by f he Senate and Houfe of 
Reprefentatives in General Court ajfemhled, and by the au^ 

Court of coxa.-*^^^^^y ^f ^^^ f^^^"* ^^'^^ the Juftices of the court of com- 
mon pleas em- mon Plea8 for the county of buffolk, be, and they hereby 
pu^hie— ° are authorized to purchafe any lands fituated between, 
Court ftreet and School ftreet in the town of Bofton, for 
faid county, which they may deem neceflary, for the 
purpofe of ereding a court houfe thereon, and making 
proper avenues to and around the fame ; and alfo to ex- 
change or make fale of any land or real eftate fituated as 
aforefaid, now belonging to faid county, for the purpofe 
aforefaid. 

Sec. 2. 5^ it further enabled. That faid Juftices, be, 
mone*y. °"°* ^i^^ they hereby are authorized to raife by loan to faid 
county, from any one or more individuals or bodies cor- 
porate, fuch fums of money as they find neceflary, for the 
purpofe of ereding and completing a court houfe for the 
accommodation of faid county ; and allow for the ufe of 
faid fums, the lawful intereft, until paid : Provided ho^v- 
ever, that the amount of faid loan fhall not exceed the 
the fum or fums of money, which have been, or may be 
included, for the purpofe aforefaid, in the feveral annual 
eftimates of expenfes for faid county, and upon which 
the legiflature have authorized, or may hereafter authorize 
a tax upon faid county : and the Treafurer of faid county 
is hereby authorized to fubfcribe and give his notes in 
behalf of faid county, for fuch fums of money, as may be 
borrowed for the purpofes aforefaid. 

[This ad pafled March i, 1 810.3 

CHAP. 



MALDEN NAIL MANUFACTORY. March I, 1816. «o$ 



CHAP. LXXIII. 

An A6t to incorporate fundry perfons by the name of The 
Maiden Nail Manufactory. 



Perfons incer- 



Sec. I. i-*E // enaEled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au- 
thority of the fame. That George Odiorne, ThoraasOdiorne porald. 
and Ebenezer Odiorne, with fach other perfons as already 
have, or hereafter may aflbciate with them, their fuc- 
celTors and affigns, be, and hereby are made a corporation 
by the name of Th^ Maiden Nail Manufadory, for the 
purpofe of manufafturing naifs, with the bufmefs necef- 
larily connedled therewith, and for fuch purpofe, (hall 
have all the powers and privileges, and be fubjed to all 
the duties and requirements contained in an ad, entitled. 
An ad denning the general powers and duties of manufac- 
turing corporations. 

Sec. 2. Be it ena&ed. That faid corporation may be Powers an* 
lawfully feized and polTefled of fuch real eflate not ei- privileges, 
ceeding fifty thoufand dollars, and fuch perfonal eftate 
not exceeding one hundred and fifty thoufand dollars, 
as may be neceffary for the purpofes aforefaid. 

[Ihis ad paffed iW^r<:>& i, 1810.3 ' 



CHAP. LXXIV. 

An Ad to divide the town of Kittery, and to incorporate 
the Second Parlfli in faid town, into a town by the 
name of Eliot. 



Sec. I. -OE // enacted by the Senate and Hoiife of 
Reprefentatives in General Court affembled, and by the au- 
thority of the fame. That all that part of the town of Kit- KitterydivideA 
tery in the county of York, included within the limits 
of the fecond parilh in faid town, be, and hereby is incor^ 
porated into a feparate town, by the name of Eliot, with 
P all 



ii® ELIOT, March i, iS^icf, 

all the powers, privileges, and immunities, with which- 
other towns are invefted by the conftitution and laws of 
this commonwealth. 

YaxCT. Sec. 2. Be it further enacted^ That the faid town of 

Eliot (hall pay its jufl proportion of taxes which have 
been afleffed on faid town of Kittery, prior to the date of 
this a£t ; and fhall alfo pay its jufl: proportion of the debts 
due from faid town of Kittery, and of the charges inci- 
dent to the fupport of the prefent poor of faid town of 
Kittery ; whether the fame are fupported in whole or 
partially only ; and alfo of all perfons having their legal 
fettlement in faid town of Kittery though removed there- 
from at the pafling of this ad, in cafe of their being re- 
turned for fupport ; and fhall alfo receive its fhare of mon- 
ies, debts due, and all other property belonging to faid 
town of Kittery, according to the proportion paid by the 
inhabitants of the faid fecond parifti to the lafl; ftate tax 
affeffed on faid town of Kittery : Provided neverthelefs y 
That thofe farms divided by the line between the fecond 
and third pariflies in faid Kittery, and fituate partly in faid 
town of Kittery, and partly in faid town of Eliot, fhall, 
fo long as they fliall continue entire and undivided farms 
or efl:ates, be taxed exclufively in the town in which the 
dwelling houfe on the fame now flands. 

Fuft meeting. Sec. 3. Be it further enacted. That any Jufl:Ice of the 
Peace for the county of York, is hereby authorized, on 
application therefor, to iffue his warrant, direfted to fome 
freeholder, living in faid town of Eliot, requiring him to 
notify and warn the inhabitants thereof, to meet at fuch 
convenient time and place, as fhall be appointed in faid 
warrant, for the choice of fuch officers, as towns are by 
law required to choofe at their annual meetings. 

j^This a6t paffed March i, i8io.] 



CHAP- 



BETHLEHEM, isfc, March i,, 1810. in 

CHAP. LXXV. 

An Aci to fet ofF certain land from the Diilrld of Bethle- 
hem, and annex the fame to the town of Becket. 



lE // enabled by the Senate and Houfe of 
Keprefentatives in General Court ajfembled, and by the au- 
thority of the fame. That all that trad of land, (lately a j^^^^^ annexed 
part of the DillriQ: of Bethlehem, but now incorporated to Becket. 
with the town of Loudon) as defcribed within the follow- 
ing bounds, with Mofes Baird, and Kendall Baird, and 
their families and eftates, be and hereby is fet off from 
the faid Diflrift of Bethlehem, now incorporated with 
Loudon, and annexed to the town of Becket, viz. Begin- 
ing at a flake and ftones, being the northeaft corner of 
faid Bethlehem ; thence running weft, on the north line 
of faid Bethlehem, to a pond known by the name of Wefi 
Pond ; thence foutherly, on faid pond, to the brook if- 
fuing out of faid pond ; thence foutherly on faid brook, 
to the fouth line of the firft range of lots in faid Bethle- -^^ 

hem ; thence eaft, on the line between the firil and fec- 
ond range of lots, to the eaft line of faid Bethlehem ; and 
thence north, on faid eaft line of Bethlehem, to the firft 
mentioned corner : Provided however. That the feveral Provifo. 
perfons above named, with their eftates, and all other 
owners of the above defcribed lands, fhall be holden to 
pay their proportion of all taxes which have been affeffed 
on the faid Diftritl: of Bethlehem, in like manner as 
though this a£l had not pafTed. 

[This adl paffed March i, 18 10.] 



CHAP. LXXVL 

An Ad to incorporate Robert Hallowell Gardiner and. 
others, by the name of The Gardiner Cotton and Wool- 
len PaBory Company. 

Sec. I. X^E it enaded by the Senate and Houfe of 
Keprefentatives in General Court affembled, and by the au- Perfons incor- 
thorUy of the fame. That Robert H. Gardiner, Frederick ^°'^'^^' 

Allen, 



Ill 



GARDINER FACTORY. 



March i, 1810. 



Powers and 
privileges. 



Allen, James Marfton, Simon Bradflreet, RufusGay, 
Ebenezer Byram, Jofeph Bowman, John Hafeitine, Jer- 
emiah Wakefield, Jacob Davis, C'hsrles Blaney, Jedidiah 
Jewett, Richard Clay, Sanford Kingfbury, Jofhua Lord, 
Stephen Jewett, Stephen Caldwell, Edward Swan, Solo- 
mon Arthur, Harvey Gay, Michael Woodward, Daniel 
W^oodward, and Ebenezer Colby, together with fuch 
others as may hereafter aflbciate with them, their fuccef- 
forsand affigns, be, and they are hereby made a corpora- 
tion by the name of The Gardiner Cotton and Woollen Fac- 
tory Company, for the purpofe of manufaduring cotton 
and wool in the town of Gardiner, in the county of Ken- 
nebeck ; and for the purpofe aforefaid, (hall have all the 
powers and privileges, and fliall alfo be fubjeft to all the 
duties and requirements prefcribed and contained in an 
ad, entitled, *' An Ad defining the general powers and 
duties of manufaduring corporations,** pafled the third 
day of March, eighteen hundred and nine. 

Sec. 2. Be it further enaded. That the faid corpora- 
tion, in their corporate capacity, fhall and may lawfully 
hold and poflefs real eftate not exceeding thirty thoufand 
dollars^ and perfonal eftate, not exceeding one hundred 
thoufand dollars, as may be neceflary and convenient for 
carrying on the manufadure of cotton and wool, in their 
^-^arious branches, in the faid town of Gardiner. 
[This ad pafled March i, 1810.]] 



CHAP. LXXVII. 



l\-eamble. 



An Ad to eftabliih The Derby Wharf Corporation. 

W HERE AS Eli^s Halket Derby, John 
Derby, Fzekiel Herfey Derby, Benjamin Pickman, jun. 
and /^.nftifs his wife, in her right, John Prince, jun. and 
Martha his wife, in her right, and Elizabeth Derby, own 
and hold in common and undivided a piece of land, fiats 
and wharf, in Salem in the county of EfTex, which was 
devifed to them by their father Elias Halket Derby, de- 
ceaffed, and is known by the name of '-^ Derby Wharf;" 
and have expended and are continuing to expend large 

fums 



DERBY WHARF. March i, iSioJ ii^ 

fums of money, in extending and enlarging faid wharf, , 
for the accomodation of the navigati«>n of faid town, and 
they have petitioned this Court to incorporate them, to 
enable them more conveniently to manage and improve 
the fameeftate : 

t>iic. I. BE it enabled by the Senate and Houfe of 
Reprefentatiies in General Court ajfembled^ and by the au- 
ihority of the fame. That the faid Klias Haiket Derby, j^X^Th^ 
John Derby, Lzekiel Herfey Derby, Benjamin Pickman, incorporated, 
jun. John Prince, jun, and JLlizabeth Derby, and all fuch 
perfons as have, or hereafter may aflociate with them, their 
fucceflbrs and affigns, being citizens of the United States, 
fliall be and hereby are conftituted a body politick and 
corporate, by the name of The Derby Wharf Corporation ; 
and by that name may fue and be fued, plead and be im- Powers ana 
pleaded, defend and be defended in any court of record, 
or in any other place whatfoever ; and fhallandmay do 
and fuffer all a£ls, matters and things,which bodies politick 
ought to do and fuffcr ; and fhall have power to make and 
ufe a common feal, and the fame again at pleafure to 
break, alter, and renew ; and alfo to agree on the mode 
of calling future meetings, to ordain and eftabliila and 
put in execution fuch bye laws, ordinances and regulations 
as to themlhall appear neceflary and convenient, for thii 
government of faid corporation, and for the prudent 
management of their property and affairs ; and for the 
breach of fuch bye laws, ordinances and regulations, may 
order fines and penalties not exceeding ten dollars for every 
breach : Provided, That fuch bye laws, ordinances and Provifo, 
regulations fhall not be repugnant to the laws oi this 
commonwealth. 

Sec. 2. Be it further enaded. That the faid corpora- Empowered to 
tion fhall be, and hereby is made and declared capable to '^^''^ certain 
have, hold, and poffefs the faid land, wharf and flats called 
Derby Wharf (excepting the f!ores thereon and the flats 
under and adjoining, which are now held in feveralty by 
the perfons before named, under the will of the faid 
Elias Hafket Derby, Efquire, deceafed, and the privileges 
and appurtenances thereof; arid alfo to purchafe and 
hoid any other lands and tenements, not exceeding the 
additional value of thirty thoufand dollars, exclufive of 
the building thereon ; and fhall have power to ereft any 
'wharves or buildings on any real eflates owned by faid 

corporation. 



114 



DERBY WHARF. 



March i, i8i©. 



Property may 
be (Jtvided into 
fliares. 



Liable to at- 
tachmeat. 



rirft Meetinjf. 



corporation ; and any fea wall or other walls to proted 
and fecure the fame ; and fhall alfo have power to grant, 
fell, and alien, in fee fimple, or otherwife, by deed under 
the feal of the corporation, and figned by the Prefident 
thereof, the corporate property or any part thereof; and 
to leafe, exchange, manage, and improve the fame, ac- 
cording to the will and pleafure of the proprietors, or 
the major part of them prefent at any legal meeting, to 
be exprelTed by their votes ; and the rents, profits, and 
receipts which may accrue from the improvements, leaf- 
ing, or other management of the corporate property a- 
forefaid, may and fliall, once at leaft in every year, be 
divided among the proprietors, according to their refpec- 
tive fhares. 

Sec. 3. Be it further enabled. That the faid proprietors 
may, at any legal meeting, agree upon the number of 
ihares into which their corporate property fhall be divid- 
ed, not exceeding eighty four ^ and upon the form of certif- 
icates to be given to individuals, of the fhares by them refpeft- 
ively held, and upon the mode and conditions of transfer- 
ring the fame ; which fhares fhall be held and ccnfidered 
as perfonal eftate to all intents and purpofes whatfoever. 
The faid proprietors fhall alfo have power to affefs upon 
each fhare, fuch fums of money, as maybe deemed necef- 
fary for erefting and repairing wharves, walls and build- 
ings, and generally for the improvement and good man- 
agement of their faid eftate, agreeably to the true intent of 
this act ; and to fell and difpofe of the fhares of any de- 
linquent proprietor, for the payment of fuch affeffments, 
and to iffue new certificates thereof, to the purchafer, in 
fuch way and manner, as faid corporation may, by their 
rules and regulations, determine and agree upon. 

Sec. 4. Be it further enaded. That the property of 
every individual member of faid corporation, veiled in 
faid corporate fund or eftate, fhall be liable to attachment, 
and to the payment of his juft debts, in manner prefcrib 
ed by an ad entitled, " An A^ direfting the mode of 
attachment on jiicfne procefs , and felling by execution, 
fhares of debtors in incorporated companies,*' paffed the 
eighih day of March, in the year of our Lord, one thou- 
fand eight hundred and five. 

Sec. 5. Be it further enaded^ That John Derby, Eze- 
kiel Herley Derby, and John Prince, jun. or any two of 

them. 



WINSLOW, ^c. March i, 1810* 115 

them, may call the firft meeting, by advertifmg the fame 
in any one of the publick newfpapers, printed in Salem, 
at lead three days before the time of meeting ; and at 
that, or any other meeting, may ele£t aprefident, treafur- 
er, clerk, fecretary or other officers, and for fuch term 
of time, not exceeding one year, as they may judge' fit, 
and the fame at pleafure change or remove ; and in the 
choice of officers, as well as on all other occafions, the 
votes fhall be given by (hares, allowing one vote to each 
fhare : Provided only^ That no member (hall have more 
than ten votes. 

Sec. 6. Be it further enabled. That nothing herein Corporation ^ 
contained fhall be deemed and conftrued to give to faid ^^^ ^hhoxu ^ 
proprietors any right or authority, to take, or appropri- legal convey- 
ate to their ufe, the land, right or privilege of any perfon ^"'^^* 
or perfons, without a legal conveyance therof from fuch 
perfon or perfons, to the faid corporation. 

Sec. 7. Be it further enaded^ That in any adion to pj.Qj.ggjjj^gj 5^^ 
be brought, or in any judgment to be rendered againft cafe of attach- 
faid corporation, if the faid corporation, after feven days "^^"*' 
notice, and requeft to the prefident, fecretary, or any 
two of the proprietors, fhall negleft or refufe to expofe '"■^■. 

any eftate or property which may be attached on jnefne 
procefs ; or whereon any fuch execution may be levied, 
the plaintiff in fuch adlion (hall have a right to levy his 
execution upon, or to attach any of the property of the 
individual members of the faid corporation, in the fame ' 

manner as if the aftion had been brought, or judgment 
entered againft them, in their individual capacities. 
[This a6t paffed M«r^^ 1, iSic] 



CHAP. LXXVIII. 

An A£t to fet off part of the town of Window and annex 
the fame to the town of Fairfax. 

J3E /*/ enaded by the Senate and Ho ufe of 
Reprefentatives in General Court ajfembled, and by the au- Lan^j annexed 
thority of the faine. That all the lands lying within the to Fairfax, 
lines herein defcribed,with the inhabitants thereon, be and 

hereby 



!l^ PITTSTON". March i, i5io, 

hereby are fet ofF from the town of Winfiow in the county 
of Kennebeck, and annexed to the town of Fairfax in the 
fame county, viz. Beginning at the fouth-eaft corner of 
. iaid Winflow, from thence running a weft-north-weft 
courfe on the line between faid Winflow and the town of 
Harlem about oae mile to a pond, called Mud Pond, 
thence northerly by faid pond eighty rods, thence eaft- 
fouth-eaft to the eafterly line of faid Winflow, thence 
foutherly on faid laft mentioned line, to the bounds 
ftrft mentioned. 

[This ad paffed March i, 1810.] 



CHAR LXXIX. 

An A£t to divide the town of Plttfton into two Parifiies 
and to eftablifh the lines between the eaft, and weft 
Parilhes in the faid town. 

Sec. 1 J3e it enaded by the Senate and Boufe of 
Reprefentatives in General Court affembled, and by the au- 
Pittfton divid- thority of the fame. That the town of Pittfton, in the coun- 
^^' ty of Kennebeck, ftiall be, and it is hereby divided into 

two diftind parifhes, to be denominated t^ie Eaft Parifli, 
and the Weft Parifli, in Pittfton, which fliall be known by 
the lines herein defcribed, viz. Beginning on the north 
line of faid Pittfton, at the diftance of two miles and a half 
from the river Kennebeck, and runing foutherly, as the 
courfe of the faid river runs, to the fouth line of faid town, 
fo that the line runing through the town, may be in every 
part, two miles and an half from the river Kennebeck. 
And the faid diftance of two miles and an halt from the 
faid river fliall be afcertained, by a line drawn from faid 
river, on a courfe parallel with the eafterly and wefterly 
lines of the lots in the faid town. And each of the faid 
par flies, refpedively, fliall be entitled to all the powers and 
privileges, and fliall alfo be fubjed to like duties of other 
pariflies or religious focieties, according to the conftitution 
and laws of this commonwealth. 

Sec. 5. Be it further enaded. That any perfon, liv- 
ing in th.e ealt or the weft parifli in faid Pittfton, who may 

delire 



EASTON. Manb I, iBi&. u; 

^efire to change his relation from one parifh to the other 
fliall have liberty, during the fpace of one year, from the 
f>afling of this a£t to make his eledion, and at any time 
within the year, (hall declare his determination in writings 
to the clerk or committee of the parifh to which he may 
join, and a record thereof fhall be made by the clerk of 
laid parifh, and thereupon fuch perfon, with his family 
and eftate, (hall be confidered, as belonging to the parifh 
which heTias To cholen, and fhall accordingly "be taxed, 
with his polls and eflate, to fuch parifh. 

Sec. 3. Beit further enaded. That any Juftice of the j^^eTfor^^a^' 
Peace for the county of Kennebeck, upon application meeting. 
therefor, may ifTue his warrant, dired:ed to fome member 
of the faid Weft Parifh, requiring him, to notify and warn 
the inhabitants thereof to meet at fuch convenient time 
and place, as fhall be appointed in faid warrant, to choofe 
fuch officers as parifhes are by law required to choofe, 
^t their annual parifh meetings. And any Juftice of the 
'Peace for the county of Kennebeck, upon application 
therefor, is hereby authorized to ilTue a warrant direcbed 
to a member of the faid Eaft Parifh, requiring him to notify 
and warn the inhabitants thereof to meet at fuch conven- 
ient time and place as fhall be appointed in the faid war- 
rant, to organize the faid eaft parifh, by the appointment 
of its officers. 

[This a6t pafTed March 1, 18 10.] 



CHAP. LXXX. 

An A£t in alteration of an a(5t entitled " An A£b to eftab- 
lilh and incorporate a religious fociety in the town of 
Eafton, in the county of Briftol, by the, name of the 
Congregational Parifh in Eaiton. 



B] 



^E it enacted by the Senate and Houfe of 

^eprefentatives in General Court ajfembled^ and by the au- 

cthority of the fame. That fo much of the fifth fedion of an 

<a6t pafied the feventh day of February, in the year of 

©ur Lord, one thoufiand feven hundre^and ninety two, 

Q^ entitled 



lit^ JVrAINE BIBLE SOCIETY. March i, i8i«, 

entitled " An Ad to eftablifli and incorporate a Religious 
Society in the town of Eafton in the county of Briftol, by 
the name of the Congregational S ciety in Eafton,*' as 
requires that the miniller of the faid parifhfor thetime be- 
ing fhall be one of the truftees of the parifh funds, be and 
the fame is hereby repealed. 

f i'his ad pafTed M^rr^ I, 1810.] 



CHAR LXXXI. 

An Ad to incorporate a number of perfons by the name of 
The Bible Society of Maine. 

VV HEREAS the perfons hereafter named 
Treamhie, in this ad, together with many other citizens of the town 
of i^ortiand in the Diftridof Maine, aad its vicinity, have 
formed themfelv s into a fociety for the purpofe of raifing 
a fund, to be appropriated in procuring Bibles of the ver- 
fion in common ufe in the churches in New-t'^ngland, 
for diftribution among thofe perfons within this com- 
monwealth and elfewhere, who are deftitute of the facred 
fcriptures, and who cannot be conveniently fupplied with- 
out iuch aid, and alfo for the dillribution of the bible in 
fuch other languages as may from time to time be con- 
fidtred expedient. And whereas in order that the pious 
and laudable objeds of faid fociety may be effedually 
promoted, and the charity of faid lociety more extenfively 
diiiulcd they have prayed for an ad of incorporation. 

b£C. I . Be it iheref'jre enaded by the Senate and Houje 
of Repreftntatives in General Court ajfemhled and by the au- 
Perfans beer charity Oj thi fame, 1 hat bamuel Dean, D. O. Rev. Elijah 
porated. Keliogg, Hon. bamutl Freeman, Rev. Edward Payfon, 

Rev. Afa Lyman, Rev. Icabod Nichols, Rev. Timothy 
Hilliard, tcev. Caleb Bradley, Hon. Ammi R. Mitchell, 
Hon. Woodbury ^torer, Matthew C.obb, Daniel Tucker, 
Robert Boyd, Levi Cutler, Oliver Bray, William jenks, 
Jonathan Dean, Mark Harris, Efquires, and Jofeph H. 
Ingraham, together with thofe who have affociated, or 
may hereafter aflbciate with them, for the purpofe a- 
forefaid, be and they hereby are incorporated into a fo- 
ciety, by the name of The Bible Society of Maine. 

Sec. 



I^AINE BIBLE SOCIETY. March i, iSioT ^i^ 

Sec. 2. Be it further enaSled, That the faid Samuel 
Dean and others above named, and their aflbciates, (hall 
be and remain a body corporate and politick during the 
pleafure of the Legifiature, and may have a feal which ^^^^ 

they may aher at pleafure ; and the faid fociety fliall bcca- grain, &c. 
pabie of taking and receiving, from any perfc n difpofed to 
aid the benevolent purpofes of this inftituticn, grants 
or devifes of lands and tenements, in fee fimple, or other- 
wife, alfo donations, bequefts,and fubfcriptions of money 
and other property to be ufed and improved for the pur- 
pofe aforefaid. 

Sec. 3. Be it further enaBed, That the faid corpor- May hold real 
poration fhall be, and they hereby are empowered to pur- * ^^^' 
chafe and hold other real eftate, than that which may be 
given to them as aforefaid .- Provided, 1 hat the value of 
the whole eftate, real and perfonal, of faid fociety, ihall 
not exceed one hundred thoufand dollars. 

Sec. 4. Be it further enaded. That the faid fociety ^;/^^""°**^^ 
may fue and be fued in their corporate capacity, and may 
appoint an agent or agents to profecute and defend fuits 
"with power of fib Uiution. 

Sec. 5. Be it further enaBed, That faid fociety may officers 
choofe a prefident, vice prefident, treafurer, correfponding 
fecretary, and a recording fecretary, truftees, and fuch 
other officers as they fhall fee fit, and may make and eftab- 
!ifh fuch rules and regulations as to them (hall appear 
neceffary : Provided, the fame be not repugnant to the 
conftitution and laws of this commonwealth. 

Sec. 6. Be it further enoded. That Oliver Bray, Efq be ^'"^^ mmino-. 
and he hereby is authorized, by notification in one or both 
of the newfpapers printed in Portland, to appoint the 
time and place of of the firft meeting of faid fociety, at 
which meeting the faid fociety may choofe the officers a- 
forefaid, may prefcribe their duty, and may veft in the 
faid officers fuch powers, conformable to the principles of 
this inftitution, as (hall be deemed neceifary. 

fThisad paffed March i, 1810.3 



CHAP. 



13^ GERMAN PROTESTANTS. March u t^io. 



CHAP. LXXXII. 

An A£t to authorize the fale by the German Proteft- 
ant Society, in Waldoborough, in the county of Lin- 
coln, of a certain lot of land, belonging to faid Society, 

Sec. ir -De it enaded by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- 
society author- *^°^^^y ^f the fame ^ 1 hat the German Proteftant fociety, 
ified to fell cer- in Waldoborough in the county of Lincoln be, and 
tarn lands. ^jjgy hereby are authorized to fell and convey by fuch 
committee as they fhall appoint for the purpofe, a certain 
lot of land, fituate in faid Waldoborough, containing 
one hundred and ten acres, which faid lot was granted 
by the original proprietors of faid town for the ufe of 
* faid fociety as a meeting houfe lot, and the fale and con- 
veyance of the faid iot, which (hall be made purfuant to 
the vote of faid fociety by fuch committee, Ihall be valid 
and effedual to any perfon or perfons ^ho may purchafe 
the fame. 
Appropriation Sec. 2. Be it further enabled. That the proceeds of 
pftbeproceedsjj^g fale, which Ihall be made as aforefaid, fhall be appro- 
priated to the purpofe of finifhing and completing the 
meeting houfe lately erefted by the faid fociety, and the 
furplus, if any there be, fhall be put out at intereft on 
good and fufficient fecurity, and preferved as a permanent 
fund for the ufe of faid fociety, the income whereof fhall 
be applied hereafter as may be necelTary to the repairs 
of faid houfe, or of rebuilding a meeting houfe for faid 
fociety, and for no other purpofe whatever. 

[This ad palTed March i, 1810.3 



CHAP. 



jLIMITATiON OF ACTIONS. March 2, iSi©. uX 

CHAP. LXXXIII. 

An Aft in addition to an ad:, entitled " An A£l for the 
limitation of certain real adious, and for the equitable 
-fctttement of certain claims arififtg in real actions.*' 

W HFREAS in the third fec^ion of the preamble. 
aft, to which this is in addition, it i.s provided that if ;he 
tenant (hall not pay into the clerk's office, for the ufe of 
the demandant, the fum with the interell thereof, at which 
the demanded premifes fhall be eftimated by the jury, 
within one year next after the verdift fhall have been 
given, a writ of feizin (hall ilTue in favour of the dem;vnd- 
ant, and whereas it will be convenient to allow the ten- 
ant a longer time to pay the faid eftimated fum with the 
intereft therefor j 

BE it enaSled by the Senate and Houfe of Rep" 
refentatives in General Court ajfembled^ and by the author' 
ity of the fame^ That if the tenant Ihall, within one year Wntof feizea 
after the faid verdift, pay into the clerk's office as afore- onVhe^^tenant'. 
faid, for the ufe aforefaid, one year's intereft of the faid paying one 
fum, together with one third part of the faid fum, and ^^^""^ mtereft. 
the cofts of fuit it taxed, the faid writ of feizin fhall fur- 
ther ftay ; and if the tenant fhall within two years after 
the faid verdift further pay into the clerk's office as afore? 
faid, one year's intereft of two third parts of the faid i\ivs\ 
together with one other third part of the faid fum, theq 
the faid writ of feizin fhcll further ftay, or othv-rwife it 
may iffue ; and if the tenant fhall within three years af- 
ter the faid verdift pay into the clerk's office as aforefaid 
the remaining third part of the faid fum, and one year's 
intereft thtreon, he having made the feveral payments 
afore'aid, he and hi.s heirs fhall have a good titl to the 
demanded premifes againft the demandant and his heirs 
forever, but otherwife a writ of feizin fhall iffue in due 
icourfe of law : Provided however ^ if the tenant and de- 
mandant, or either of them, ftiall die after the faid verdift, 
the feveral payments aforefaid may be made by the ten- 
ant, his heirs, executors, or adminiftrators, and the writ of 
feizin if iffuable, ftiall be fued in the name of the demand- 
ant, whether living or dead, iigainft the tenant, whether 

living 



IJ2^ LYNN UNION WHARF. March 2, igicj. 

living or dead, and when executed fliall enure to the ufe 
and benefit of the demandant, or of his heirs in cafe of 
his death. 

[This a£l palTed March 2, 1810.] 



CHAP. LXXXIV. 

An a£t to incorporate Benjamin Johnfon and others by the 
name of The Lynn Union Wharf Company. 

Preamble. ^ ^ HEREAS Benjamin Johnfon and oth- 

ers his aflbciates, are owners of a wharf in Lynn, in the 
county of i'flex, and a road leading thereto, at a place 
catled Black Marlh, and faid owners being defirous of 
extending their faid wharf for the purpofe of better ac- 
comodating themfelves with deeper water and more 
room for the landing of lumber and other articles ; 
Therefore, 

Sec I BE it enaSled by the Senate and Houfe of Repre- 
fentatives in General Court ajfembled, and by the authority 

Perfoas lacor- of the fame^ That Benjamin Johnfon, Jofeph Fuller, the 

^°"' ' third, Timothy Newhall, hzra Collins, John /\lley, Jun. 

Oliver Fuller, Micajah Alley, the third Micajah Burrell, 
Jonathan Conntl, limothy Alley, Solomon Alley, 
Benjamin Alley, the third, and John Mudge, of faid 
Lynn, and all other perfons who may hereafter become 
partners in faid company, be and they are hereby made 
and conftituted a body politick and corporate, by thename 
of The Lynn Union Wharf Company, and by that name 
may fue, and be fued, and do, fufFer, and perform, all 
other ads and things, and have and poffefs all other 
powers, rights and privileges, incident by law to aggre- 
gate corporations. 

SlWes. Sec. 2. Be it further enabled. That the property of 

faid corporation fhall be divided into thirty Ihares, and 
faid corporation fhall have power, and is hereby au- 
thorized, when it fhall judge necefTary, to augment the 
number of fhares to fixiy, and to fell faid additional 
(hares at public audion, and the proceeds thereof fhall 

be 



LYNN UNION WHARF. March 3, iSiuw 123 

be folely appropriated to the making of fuch additions 
to faid wharf, as faid corporation (hall judge proper, 
and the expenfe of all further additions, alterations, and 
repairs, which may hereafter be made, (hall be defrayed 
by a tax on the fhares in faid corporation, not exceeding 
twenty dollars on one fmgle (hare, for additions, altera- 
tions, and repairs in any one year ; and the (hares afore- 
faid (hall be numbered in progreflive order, beginning 
at Number One, and every original owner thereof (hall 
have a certificate under the feal of faid corporation, 
figned by the treafurer, certifying his property in faid 
Wharf J and any (hare or (hares may be alienated by 
deed executed in common form and recorded by the 
clerk of faid corporation, and any purchafer (howing 
to the treafurer fuch deed, fo recorded, and delivering up 
to him the former certificate (hall receive a new one, cer- 
tifying the property of fuch (hare or (hares to be in fuch 
purchafer, who in every refpe6t (hall be a member of 
laid corporation inftead of the former proprietor. 

Sec. 3. Beit further enaded^ That each member of j^?"^'"°f «- 
faid corporation (hall have one vote for each (hare not * °* 
exceeding fix, and no member (hall be allowed more 
than lix votes, and each member may vote by proxy ; 
and the affent of the proprietors of two thirds of the 
(hares aforefaid (hall be neceflfary for the choice of a 
clerk (who when chofen (hall be fworn or affirmed to 
the faithful difcharge of his duty by fome Juftice of the 
Peace of faid County) and alfo for the choice of a treaf- 
urer and all other officers, and for the making of all bye 
laws, rules, and regulations whatever. Provided never- 
ihelefs. That the clerk, treafurer, and all the officers a- 
forefaid, when neceflfary, may be chofen by a majority 
prefent, at any legal meeting for that purpofe. 

Sec 4. Be it further enaded. That whenever any pfo- Treafurer may 
prietor aforefaid (hall negled or refufe to pay any tax feii fhares o? 
duly affeflfed, to the treafurer aforefaid, within forty '^^^ni'"^"-- 
days after the time fet for the payment thereof, faid 
treafurer (hall fell at publick vendue the fhare or fhares 
of fuch delinquent proprietor, one or more, as (hall be 
fufficient to pay faid taxes and all incidental charges, af- 
ter duly notifying, in fome newfpaper, printed in Bofton 
or Salem, the fum or fums due on faid fhare or fhares, 
and the time and place of falc, at lead fourteen days pre- 
vious 



104 SCHOOLS. March 3, i9iit. 

vious to the time of fale, and fuch purchafer fhall, on 
producing a certificate of fach fale from the treafurer 
aforefaid, to faid clerk, containing the name of fuch 
Ijurchafer, and the number of the ihare or (hares fo fold 
as aforefaid, which certificate fhall be recorded by faid 
•clerk, be confidered in all refpeds whatever, the propri- 
■etor thereof, and the overplus, if any. Avail be paid on de- 
mand, by the treafurer aforefaid, to the former propri- 
etor. 
Meeting of the Sec. 5. Be it further enaSicd, That the firft meet- 
proprietors. j;jjg q^ f^jj corporation fhatl be called by a warrant if- 
ixied by any Juilice of the Peace in faid county, to whom 
application fhall be made by any three of th€ prefent 
proprietors for that purpofe, and fuch Juftice is hereby 
authorized to iffue his warrant accordingly, directed to 
-fome one of the faid proprietors to call faid meeting. 

Sec. 6. Be it further enaded. That the Legiflature of 

this Commonwealth may, at any time after the expiration 

of ten years from the pafTmg of this ad, alter, amend, ctr 

repeal the fame, as they fhall judge proper. 

rndividuai pro- ^EC. 7. Be it further enacted. That in any adion to be 

perty liable to brought, or in any judgment to be rende;ed againft 

attachment. ^^.^ corporation, the plaintiff not being able to find luffi- 

cient property of the corporation to attach on mefive 

procefs, or whereon to levy his execution, fhall have the 

right of attaching or levying his execution on any of the 

property of the individual members of the corporation, in 

the fame manner as if the adion had been brought and 

the judgment rendered againft then> in their individual 

-capacity. 

[This adpafTed March 3, 1810.] 



GHAP. LXXXV. 

An AQ: to authorize the raifmg of a fund for the liippoirt 
of publick Schools in the town of Springfield. 

Sec. I.. -OE it endded by the Senate and Roufe tf 
Reprefentatives in General Court ajjembled, and by the au- 
thority of the fame. That Jacob Blifs, Jonathan Dwight, 

jun. 



ISCHOOLS. March 3, 1865. laf 

jun. Edward Pynchon, Mofes Blifs, jun. and Solomon 
Warriner, be, and they hereby are conftituted a body 
politick and corporate by the name of the truftees of the 
fchool funds in the town of Springfield, and they and 
their fucceflbrs (hall be and continue a body politick and 
corporate, by that name forever, and fliall have a com- Powers and 
mon feal, and may alter the fame at<heir pleafure, and by P"^'*8"- 
that name may fue and be fued in all atiions real, per- 
fonal, or mixed, and profecute and defend the fame to 
final judgment and execution ; and the faid truftees may 
ele6t a prefident, and a clerk who Ihall be fworn to the 
faithful performance of the duties of his office, and a 
treafurer who fhall give bond with fufficieut furety or 
fureties faithfully to account for the monies which he 
may receive by virtue of this ad. • 

Sec. 2. Be it further ena^led^ That fuch of the lands proceeds of the 
belonging to the laid town of Springfield, as the laid faie ot certain 
town has already direfted, or may hereafter dired, to |^;;tuae2l ^ 
be fold for the ufe of fchools in faid town, or fhall au- 
thorize the faid truftees to hold or difpofe of, and alfo the 
proceeds ofany file of hinds appropriated by laid town for 
the ufe of fchools, be, and they hereby are vefted in faid 
truftees and their fuccelfors, and the faid truftees, are 
hereby authorized and empowered to fell and convey 
the whole or any part of fuch lands, and to make, ex- 
ecute, and acknowledge a good and fufficient deed or 
deeds thereof, which fubfcribed by their prefident, by 
diredion of l\iid truftees, with their feal affixed, and by 
him duly acknowledged, fhall be good and effeftual in 
law to pafs and convey all the right of faid town in and 
■to faid land to the purchafer thereof, to all intents and 
purpofes whatfoever. 

Sue. 3. -5t7/7/^r//;^rfw^<f?^c/, That the number oftruftees 
Ihall not at any time be more than feven, nor lefs than three : 
a major part of whom fliall conftitute a quorum for tranf- 
acting bufinefs ; and they fhall and may from time to 
time fill up vacancies in their number, from the inhabit- 
ants of faid town, which may happen by death, refigna- 
tion, removal, or otherwife, and fhall have power to re- 
move any of their number, who may from age, infimity, or 
mifconduft, become unfit to difcharge their duty : and 
the laid truftees fhall annually hold a meeting in March 
©r April, and as much oftejier as fhall be necelfary to 
R tranfa«9: 



126 SCHOOLS. March 3, 1810, 

tranfad their bufmefs r and Jacob Blifs, Efq. is hereby 
authorized to appoint the time and place of the firft 
meeting of faid truftees, and to notify them accord- 
kigly: and faid meetings after the firft, Ihall be 
called and notified in fuch way and manner as the faid 
truftees fhali dired. 

Sec. 4. Be it further enafied. That any gift, grant, be- 
queft, or devife hereafter made to the faid truftees, fhall 
be valid and effectual to all intents and purpofes whatfo- 
Fuither pow- cver ; and they and their fuccelfors are hereby empowered 
^"* to take, have, hold, ufe, and improve, any eftate, re- 

al or perfonal, the annual income whereof fliall not ex- 
ceed the fum of five thoufand dollars, in truft for the 
maintenance and fupport of publick fchools in faid town : 
and the monies arifing from the fale of lands, already 
fold by faid town, and appropriated for the fupport of 
fchools, and alfo fuch monies as faid truftees may re- 
ceive and acquire in any other way, fhall as foon as 
may be, be put at intereft and the intereft thereon accru- 
ing {ball be put at intereft and be fo kept on intereft 
as an accumulating fund, fecured by fufficient mort- 
gages of real eftate, or by two or more fufficient fureties 
befides the principal debtor, until the intereft annually 
arifing on faid funds ftiall at leaft amount to the fum of 
one hundred and twenty dollars, and if the faid town fliall 
authorize the fame until faid annual intereft fliall amount 
to two hundred dollars, and as foon as the intereft an- 
nually accruing from faid funds fliall amount to the fum 
of one hundred and twenty dollars, or in cafe the faid 
town fliall authorife the retaining the fame as aforefaid 
to the fum of two hundred dollars, the faid truftees fliall 
forthwith apply the faid intereft to the fupport of Knglifli 
fchools in faid town, and flvall annually pay the fame to 
the treafurer of faid town, for the time being, to be by 
him paid out for the benefit of 1^ nglifli fchools in fuch 
proportions to the feveral fchool diilrids as the faid town 
fliall dired other monies raifed for the luppon of fchools 
to be paid, and in cafe no other money fliall be raifed 
therefor, to be diftributed as the faid town fliall direct, 
among the faid fchool diftrids. 
Fund to be un- Sec 5. Be it further en acled. That the faid fund 
alienable. f^all always be holden and deemed to be unalienable, 
and fliall no part thereof be ufed or applied to any other 

purpofe 



SCHOOLS. March 3, 1810. 127 

purpofe than the fupport of fchools in faid town : And 
the faid truitees, their officers, agents, or attornies, fliall 
never receive any compenfation for any fervices perform- 
ed by virtue of this a£t from any part of faid fund. 

Sec 6. Be it further enaded. That it fhall be the du- Delinquent 
ty of the faid truftees to ufe and improve fuch fund or Truftee. 
eftSte as fhall be vefted in them by virtue of this ad fo as 
befl: to promote the defign thereof, and each of faid truf- 
tees (hall be perfonally anfwerable to the inhabitants of 
faid town for his negledt or mifconduft in the manage- 
ment and difpofition of faid fund or eftate, and faid in- 
habitants may have and maintain a fpecial adion ■■ n the 
cafe againft the proper perfon of fuch truftee, and his 
goods and eftate for fuch negligence or mifcondud, and 
recover adequate damages therefor, and fuch damages fo 
recovered ftiail be for the benefit of faid fund, and Ihall 
be paid and appropriated accordingly. 

Sec 7. Be it further eiiadled^ That when final judg- 
ment fliali be rendered againft any of faid truftees for 
negleft or mifcondud in the management or difpofition 
of faid fund, he ftiall be thereby difqualified from con- 
tinuing a truftee, and in cafe faid corporation fliall not, 
within three months after fuch final judgment, remove 
fuch delinquent truftee, and eledt another in his ftead, 
or fliall permit any vacancy by which their number fliall 
be reduced to lefs than three, to remain unfilled for more 
than three months, it fliall be lawful for the faid town to 
fill fuch vacancy. 

Sec. 8. Be it further enaBed, That the faid truftees 
ihali keep a fair record of their proceedings, and a ftate- 
ment of their funds and eftate, and fliall annually exhiort 
a fair copy of fuch ftatement to the faid town, at their an- 
nual meeting, for the choice of town officers, 

rihis ad palTed March 3, 1810.] 



CHAP. 



S2S 



BOSTON NECK TURNPIKE. 



March 3, 



1810* 



Iferfons In cor- 
porated. 



Powers and 
privileges. 



CHAP. LXXXVI. 

An A6t to eftablifh a Corporation, by the name of The 
Bofton Neck Turnpike Corporation. 

Sec. I. J3E // enabled by the Senate and Houfe of 
Reprefentatives in General Court ajfemblcd, and by the au- 
thority of the fame. That William Payne, Ifaac P. Davis, 
and George Cabot, together ijvith fuch other perfons, as 
fhall hereafter afibciate with them, fhall be a corporation 
and a body politick, by the name of The Bofton Neck 
1 urnpike Corporation, for the purpofe of laying out 
and making a turnpike road, from that part of Bofton 
^ieck where Lenox btreet interfe6:s Suffolk Street to the 
angle of the old road, wefterly of Wait's mills in Roxbu- 
ry, aivd for keeping the fame in repair, and for this pur- 
pofe fhall have all the powers arid priveleges, and be fub- 
jedt to all the duties, requirements, and penalties con- 
tained in an a6t, entitled, " An A61 defining the generaj 
powers and duties of turnpik,e corporations,*' made and 
paffed the fixteenth day of March, in the year of our Lord, 
one thoufand eight hundred and five, and any a<6ts which 
have been made in addition thereto. 

Sec. 2. Be it further enabled. That when the road 
aforefaid fhall be laid out, made, and completed, and 
fhall be approved by the Court of Common Pleas for the 
county of Suffolk, the faid corppration fhall have power 
to ered one gate thereon, at fuch place as the faid court 
fhall order, and ftiall be entitled to receive toll thereat, 
any thing in the a6ls aforefaid to the contrary notwith- 
flanding. 

[This a6; paffed March 3, 1810.] 



CHAP. 



WORCESTER & SUTTON TURN. March 3, 18 16. i3^ 



CHAP. LXXXVII. 

An Adl to eftablifli a Corporation, by the name of The 
Worcefter and Sutton Turnpilte Corporation. 

Sec. 1. JjE /■/ enabled by the Senate and Houfe of 
Reprefentati'ves in General Court ajfembled, and by the au- 
thority of the fa7ne. That Jonathan Holman, Samuel p^rfons iocor- 
Waters, Reuben Waters, JofhuaWaters, Artemas Bullard, porated. 
Silvanus Prat, Nehemiah Davis, Charles Putnam, Amos 
Rich, Samuel Rich, Benjamin Wallis, jun. Benjamin 
Wallis, 3d. David Wallis, Peter Wallis, and Pliny Earle, 
together vi^ith fuch others as may hereafter affociate with 
them, be, and they are hereby made a corporation, by 
the name of The Worcefter and Sutton Turnpike Corpora- 
tion, for the purpofe of making and keeping in repair, a p^vSges''"^ 
turnpike road, beginning near the dwelling houfe of 
Samuel Rich, in Sutton, and from thence paffing near 
the dwelling houfe of Samuel Waters, in the belt direc- 
tion, to the farm of Jonathan Holman, in the north 
parifh of faid Sutton, or as near thereby, as fhall be found 
moft eligible, for the publick accommodation, and from 
thence to meet the county road leading from Worcefter 
to Sutton, and near the dwelling houfe of Jofeph God- 
dard in Worcefter ; and for the purpofe aforefaid, ftiall 
have all th^ powers and privileges, and fliall alfo be fub- 
jed to all the duties, requirements, and difabilities, pre- 
scribed and contained in an aft, entitled, " An Ad de- 
fining the general powers and duties of turnpike corpora- 
tions," pafted the fixteenth day of March, eighteen hun- 
dred and five, and any ads, which have been made in 
addition thereto : Provided hoivever^ That in cafe there ProviT<A 
fhould be any obftruction from buildings, or other caufes, 
which may prevent a ftraight line, the committee which 
fhall be appointed to lay out faid road, Ihall, in fuch cafe, 
have power fo to vary the line, as to avoid fuch obftruc- 
tions : Provided, That the faid road, fhall be not lefs 
than three rods wide in any pan thereof, where fuch ob- 
ftrudions may be, and not lefs than four rods wide in all 
pf her places. 

[This ad palTed March 3, 1810.] 

CHAP. 



130 JAY, i^fc. March 3, 18 10. 

CHAP. LXXXVIII. 

An A£t to annex the Eafterly Part of the Range of Lots 
on the Letter A, as originally furveyed by the Pro- 
prietors of Phipps*s Canada, to the town of Jay, in 
the county of Oxford* 

XJE it enabled by the Senate and Houfe of 
Reprefentatives in General Court ajfeinhled^ and by the au- 
thority of the fame^ Ihat the eafterly part of the range of 
lots, on the letter A, as originally furveyed by the pro- 
prietors of Phipps's Canada, as deicribed within the 
following bounds, viz. Beginning at the fouth-eaft cor- 
ner of the town of Jay, thence eaft about forty rods, to 
the foutheaft corner of lot number One on faid range. A, 
thence north fix miles one hundred and twenty eight rods 
to tfte northeaft corner of the lot number twenty, on 
the aforefaid range, thence weft about forty rods to the 
northeaft corner of Jay thence fouth to the firft bounds \ 
with the inhabitants thereon, be and they are hereby an- 
nexed to, and made a part of the town of Jay, to enjoy 
all fuch privileges as town inhabitants do by law enjoy, 

[Ihis 2B. paffed March 3, i8io.] 



CHAR LXXXIX. 

An Ad to alter the -tii^e of holding the April term of 
the Court of Common Pleas, for the County of 
Norfolk. 



B) 



*E /'/ enabled by the Senate and Houfe of 
Reprefentatives in General Court affembled^ and by the au- 
thority of the fame ^ That the term of the Court of Com- 
mon Pleas for the county of Norfolk, now by law ap- 
pointed to be held on the laft Monday in April, annually, 
{hall hereafter be held on the fourth Monday of faid month, 
and that all recognizances taken, and proceffes returna- 
ble 



EPISCOPAL DONATIONS. March 3, i8io. 13I 

ble, to the next Court of common Pleas in faid county, 
fliall be returnable, and have day and effe£t in court on 
the fourth Monday in April next, inftead of the laft Mon- 
day of faid month ; and the bufinefs of faid court fhali 
be tranfaded accordingly. 

[This a6t pafled March 3,. 18 10. 3 



CHAP. XC. 

An Aft to incorporate fundry perfons, by the name of 
- The Truftees of Donations to the Proteflant Epifco- 
pal Church. 

V V HE RE AS in behalf of certain religious p^-eambie 
focieties,a{rociated by the name of I'he Convention of the 
Proteflant Kpifcopal Church in this Commonwealth, and 
comprehended in the affociation of the faid church in the 
United States of America, it is reprefented, that dona- 
tions to a confiderable amount have been made, and 
others are intended, providing for the fupportof the paf- 
toral office of a Bifhop in the faid church, and direded to 
other purpofes refpefting their religious inftitutions and 
publick worfliip ; and it is prayed that truftees may be 
incorporated, and enabled to receive and to hold in fuc- 
ceffion, and to manage and improve all fuch donations to 
the pious ufes and purpofes aforefaid. Therefore, 

Sec. I. BE it ena6led by the Senate and Houfe of 
Reprefentathes in General Court affembled^ and by the au- 
thority ofthefmne^ I'hat Thomas C. Amory, Adam Bab- Perfons incor- 
cock, fthubael Bell, David Cobb, Andrew Craigie, Afa porated. 
Eaton, John S J. Gardiner, Benjamin Greene, Stephen 
Hi^ginfon, James Ivers, William Montague, Edward 
Rand, Samuel Sewall, Samuel Smith, and Dudley A. 
Tyng, and their fucceflbrs, be and they hereby are incor- 
porated and mada a body politick and corporate, by the 
name of Fhe Truftees of Donations to the Proteftant E- 
pifcopal Church ; and by that name may fue and be fued, 
and fliall have and ufe a common feal, to be by them 
d' vifed, altered, and renewed, at their pleafure ; and 
ihall have authority to hold meetings, upon due r otice 

thereof. 



132 EPISCOPAL Donations. Manh' 3, iSkt. 

thereof, and therein to eftablifh all reafonable orders and 
bye laws, for the better government of the faid corpora- 
tion, not repugant to the laws of this Commonwealth ; 
and by faid orders and bye laws, the officers to be ap- 
pointed in the faid corporation, and employed in their 
affairs, and the manner of eleding them ; with their 
feveral duties and comp^nfations, Ihall be determined and 
fpecified ; and at fuch meetings the faid corporation fhall 
direO:, from time to time, the management, improve- 
ment, and difpofition of the donations and property, with 
"which they fhall be entrufted, and the execution and 
performance of the trufts and appropriations therem ap- 
pointed. 
Powers of the Sec. 2. Be it further maBed^ That the faid truilees, 
Truftees. for the time being, fhall have authority, at any meeting 
to be called for that purpofe, to nominate and appoint 
other trufleeSjand to remove any truftee : Provided^ That 
there fhall not be in the faid corporation, at any one 
time, a greater number than fifteen truftees, nine of 
whom fhall be a quorum for iranfading bufmefs : Provid- 
ed alfo. That no truftees fhall be removed, unlefs with 
the concurrence of a majority of the whole number of 
truftees for the time being : And provided likewife^ That 
whenever the whole number of exifting truftees fhall 
happen to be lefs than ten, no meeting of the faid corpo- 
ration fhall be called or holden for any other purpofe 
than that of nominating and eletling other truftees. 
Empowered to Sec. 3. Be it further enaclcd^ That the faid truftees, 
io"r^ °"^" and their fucceffors, in their corporate name and capacity, 
Hiall be, and hereby are made capable in law to receive, 
take, hold, pofTefs, manage, difpofe of, leafe, bargain, fell, 
and improve, conformably to the intentions, and fubjeft 
to the limitations and directions of the donors, all dona^ 
tions of money and other perfonal eftate, and of lands 
and tenements and other real eftate, which fhall and may 
be lawfully given, devifed or transferred to the faid truf- 
tees, and which fhall be lawfully vefted in, or recovered 
by them, and whereof the proceeds, profits, income, or 
beneficial intereft fhall be directed to the purpofe of fup- 
porting a Bilhop in the proteftant epifcopal church, or of 
promoting any religious or charitable inftitution of the 
faid afTociation of churches within this Commonwealth ; 
and to receive, take, hold, manage, and improve any 

other 



EPISCOPAL DONATIONS. March 3, 1810. 133 

other real or perfonal eftate, which fnali be lawfully con- 
veyed, granted, or affi;jned to the faid corporation in truft, 
and whereof the income ftiall be directed and appropriated 
to the fupport of a religious pallor or teacher in any fociety 
or church, members of the faid aiTociation of churches, 
under the fuperintendence of the fame Bifhop : Provided, 
That the eftates, real and perfonal, which may be veiled 
in the faid corporation, other than fuch eftates and prop- 
erty as may be conveyed or affigned in truil for the fup- 
port of a religious paftor or teacher as aforefaid, Ihall 
not exceed, at any one time, in the annual income there- 
of, adlual or eftimated, the fum of fifteen thoufand dol- 
lars. 

Sec. 4. Be it further enaded. That the faid corpora- Corporation 1;- 
tion fhall be liable to be fued and impleaded before the ^^le to be f«e<k 
Supreme Judicial Court, at the fuit of proper parties and 
complainants, by bill in equity, and according to the 
courfe of proceedings in courts of law having jurifdiclion 
in matters of truft, and of donations for pious and char- 
itable ufes : and the juftices of the faid court fliall have 
authority thereupon to enforce the faithful performance, 
fpecifically or otherwife, as the cafe may require, of all 
trufts and appropriations limited and appointed upon 
any donations of lands, monies, and other eftate, real 
and perfonal, which fhall be lawfully vefted in the faid 
corporation, and to enquire of the difpofition and man- 
agement thereof, and by injundion, fequeftration, or 
otherwife, to be granted and awarded by the faid court, 
fuch remedies and relief in the premifes fhall be afforded 
as to law and juftice fhall appertain. 

Sec. 5. Be it further enaded. That the Rev. John Firftraeetiu^. 
S. J. Gardiner and the Rev. Afa Eaton, be and they 
hereby are authorized to fix the time and place for the 
firft meeting of the faid corporation, of which they 
fhall give notice in writing to each member thereof. 

[This acT: paflfed March 3, 1810,] 



CHAP. 



134 NICK'S MATE, ^c. March 3, 1810. 

CHAP. XCI. 

A{i A6t for the fecurity and prefervation of Nick*s Mate, 
an Illand in the Harbour of Bofton. 

JL3E // enacted by the Senate and Houfe of 
Reprefentatives in General Court affembled^ and by the au- 
i)orlty of the fame. That from and after the paffing of 
this ad, any perfon orperfons, who fhall take away, or 
caufe to be taken away or removed with lighters or veifel 
of any defcription, any rocks, fand, clay or gra- 
vel, from the iiland of Nick's Mate, in the harbour of 
Bofton, or who fhall break down, injure, or deface the 
monument or building eredled on faid ifland, every 
fuch perfon Ihall forfeit and pay fifty dollars, for every 
fuch offence, with cofts of fuit, to be recovered in an ac- 
tion of debt in any court proper to try the fame, one 
half to the ufe of the perfon or perfons who fhall profe- 
cute for the lame, and the other half to the ufe of this 
commonwealth. 

[This a6b pafTed March 3, 1810.] 



Time of the 



CHAP. XCII. 

An Ad limiting the time of payment of cofts allowed in 
criminal profecutions, and for other purpofes 

Sec. I. -OE // enaded by the Senate and Houfe of 
Reprefentati'ves in General Court affcmhled, and by the au- 
payment of thority of the fame. That all fums taxed or allowed, or 
cofts limited, vvhich may hereafter be taxed or aliowed, and all other 
charges which have arifen, or may arife, in any criminal 
profecution before the fupreme judicial court, or any 
court of common pleas, and which by law are chargeable 
to the commonwealth or county, fhall be claimed and de- 
manded by the perfon or perfons who are or may be en- 
titled to receive the fame, of the county treafurer, within 
two years next after the pafling of this ad, or within 

three 



urer. 



REPORTER. March 3, 18 10. 135 

three years next after the fame were or may be taxed or 
allowed, and not afterwards. And all perfonsnot claiming 
or demanding fuch allowances within the time above limit- 
ed fliall be forever afterwards debarred therefrom. And it 
fhall be the duty of every county treafurer, in his gen'er- 
al account, required by law to be exhibited to the Gov- 
ernor and Council on the firft Monday of June annually, 
to credit the commonwealth with all fuch funis, allowed 
by the Supreme Court, remaining in the county treafury 
not claimed or demanded within the time above men- 
tioned ; and alfo for all fums taxed in any bill of coft on 
a criminal profecution, for the fees of the Attorney Gen- 
eral or Solicitor General, when no other perfon is en- 
titled thereto, and the amount of fuch fums Ihall be de- 
duced from the county treafurer's account againft the 
commonwealth; and every county treafurer fhall account 
with his county for all fums received out of the treafury 
of the commonwealth for jury fees, and for jailer's charges 
for the maintenance of prifoners. 

Sec. 2. Be it further enaded. That from and after County Treaf- 
the paffing of this acl, no perfon fhall be eligible as county 
treafurer, who holds the office of Attorney General or 
Solicitor General, or who is empowered to adt as attorney 
for the commonwealth within the county, nor any perfon 
holding the office of juftice of the Court of Common Pleas^, 
clerk of the faid court, or fheriff. 

[This act paifed March 3, 18 10.] 



CHAP. XCIII. 

An AQi for continuing an a£t entitled. An Act provid- 
ing for the appointing of a Reporter of Decifions in 
the Supreme Judicial Court. 

JLjE it enafted by the Senate and Houfe of 
Reprefentatives in General Court affcmbled, and by the au- 
thority of the fame y That the aft entitled *' /i^n £t pro- 
viding for the appointment of a Reporter of Decifions 
in the Supreme Judicial Court paffed on the eighth day 

of 



13^ LECHMERE POINT. March 3, iSio. 

of March, in the year of our Lord one thoufand eight 
hundred and four, and continued in force by another 
ad pafled March eighth, one thoufand eight hundred 
and fix, be and it hereby is further continued, and fliall 
be enforced, together with all the provifions therein, un- 
til the eighth day of March, which will be in the year of 
our Lord, one thoufand eight hundred and fifteen. 

[This a£t pafTed March 3, 1810.] 



CHAP. XCIV. 

An Adi to incorporate certain perfons into a company 
by the name of The Lechmere Point Corporation. 

Sec. I. .DE it enabled by the Senate and Hoitfe of 
Reprefentatives in General Court ajp?nbled, and by the 
^^orzZ.''''°" authority of the fame. That Thomas Handafyd Perkins^ 
James Perkins, William Payne, Lbenezer Francis, and 
Andrew Cragie, being tenants in common of a certain 
trad of land in the town of Cambridge, in the county of 
Middlefex, commonly known by the name of Lechmere*s 
Point, and of certain other lands near to faid Lechmere's 
Point, of which faid Craigie was feized on the firft day of 
>^ovember, in the year of our Lord one thoufand eight 
hundred and eight, and parts of which have been con- 
veyed by faid Craigie to the perfons named in this acl, 
Sind others fince that time, as by his deeds will appear, 
together with fuch perfons as now are tenants in com- 
mon of faid lands, or may hereafter aflbciate with them, 
and their fucceflbrs and affigns, being citizens of the Uni- 
ted States, fhall be and hereby are conflituted a body 
politick and corporate, by the name of The Lechmere 
Point Corporation, for the term of twelve years and no 
longer ; and the faid corporation by the faid name, are 
hereby declared and made capable in law, to fue and be 
fued, to implead and be impleaded, to have a common 
feal, and alter and renew the fame at pleafure, and to 
make rules and bye laws for the management and regu- 
lations of faid eftate, confiftent with the laws of the com- 
monwealth, 



LECHMERE POINT. March 3, iSi©: ijf 

monwealth, and generally to do and execute whatever by- 
law appertains to bodies politick. 

Sec. 2. Be it further ena6led^ That the faid corpora- Corporation 
tion be capable to have, hold, and poffefs fuch part of hofflnd'^im- 
the faid tradt of land as may belong to the faid proprie- prove certain 
tors named in this acl, and of any others who may aflb- ^*"^*- 
ciate with them, and fhall have power to make ftreets 
through the fame, and divide it into lots, and to build 
walls to proted the fame from the water, and to ered: 
buildings thereon, and the faid corporate property, or 
any part thereof, to grant, fell, and alien, in fee fimple 
or otherwifc, and to leafe, exchange, manage, and im- 
prove the fame according to the will and pleafure of the 
proprietors, or the major part of them prefent at any 
meeting, to be expreffed by their votes. 

Sec. 3. Be it further enaaed. That faid proprietors may ?j°^''^a^,^;'^^'^ 
at any legal meeting agree upon the number of fhares 
into which faid eftate fhall be divided, not exceeding 
twelve hundred, and upon the form of certificates to be 
given to individuals, of the number of fhares by them re- 
fpedfully held, and upon the mode and conditions of 
transferring the fame, which fhares fhall be held and con- 
fidered as perfonal eflate in the fame manner that fhares 
in turnpike, bridge, and canal companies are by law held 
and eonfidered ; the faid proprietors fhall alfo have power 
to affefs upon each fhare fuch fums of money as may be 
deemed necelfary for laying out, dividing, erecting walls 
and buildings, and generally for the improvement and 
good management of their eftate aforefaid, agreeably to 
the true intent of this a£t, and to fell and difpofe of the 
fhare or fhares of any delinquent proprietors for the pay- 
ment of alfeffments in fuch way and manner, as faid cor- 
poration by their rules and regulations determine and 
agree upon : Provided however. That the value of build- 
ings which may be owned by the faid corporation at any 
one time fhall not exceed thirty thoufand dollars in 
value, exclufive of fuch as may be taken as fccurity for 
debts. 

Sec. 4. Be it further ena^ed. That the property of ev- 
ery individual member of faid corporation vefted in faid div"iduail liable 
(Corporate fund or eftate ftiall be liable to attachment and '° attachment. 
to the payment of his juft debts according to the provifions 
pf an ad entitled, " An Ad direding the mode of attach- 
ing 



>5t LECHMERE POINT. March 3, 181©. 

ing on mefne procefs, and felling by execution (hares of 
debtors in incorporated companies/* 

Fjrft Meeting. Sec. 5. Be it further enabled, J hat any two of the pro- 
prietors may call thefirft meeting by advertizing the fame 
in any one of the pubHck newfpapers printed in Bofton, 
at leaft three days before the time of meeting, and at that 

Officers. Qj. any other meeting may eleft a moderator, treafurer, 

clerk, or other officers, and for fuch term of time not ex- 
ceeding one year, as they may judge fit, and the fame at 
pleafure change or remove, and in the choice of officers, 
or on any other occafion when it iliall be required by a ma- 
jority in value of the members prefent, the votes Ihall be 
given by fhares and every member of the corporation 
fhall be permitted to give one vote for every fhare where- 
of he is proprietor, unlefs he be proprietor of more than 
five fliares, and one vote for every five fiiares above, 
and abfent members may vote by proxy, authorized in 
writing. 

The rights of Sec. 6. Be it further enaded. That nothing herein 

proprietors not contained ftiallbe deemed or conftrued to efFed: the right 

joinine the cor- . r 1 r • 1 o 1 

poration are or eftate of any proprietor or the laid tract who may 
T' ^5*^^*^ ^^ "°^ afTociate and become a member of the corporation ; 
and at the expiration of faid term of twelve years, or 
•whenever the Legillature fliall deem proper to repeal 
this a£l:, all real eftate then belonging to the faid corpora- 
tion fhall be vefted in fuch perfons as may then be mem- 
bers thereof, and their refpedive heirs and affigns as ten^ 
ants in common in proportion and according to the 
number of fhares which they may then hold : Provided 
always. That the faid proprietors fhall have power after 
the expiration of faid term to fue for, recover, and divide 
in their corporate capacity all debts which may then be 
ft-ovlfo. unpaid : Provided, That nothing in this ad fhall be con- 

ftrued to exempt faid real eftate from taxation in the 
town where the fame lies . Jnd provided alfo. That the 
books of faid corporation fliall be open to all perfon$ 
having claims and demands on the faid corporation o?" 
any of its members. 

[Thisaa: paiTed M^;rZ? 3, 1810.] 



CHAR 



COTTON FACTORY, ^c, March s, 1810. 139, 

CHAP. XCV. 

An Acl to incorporate a number of perfons in the town 
of Danvers, by the name of The Danvers Cotton Fac- 
tory Company. 

Sec. I. JljE // enaded by the Senate and Houfe of 
Reprefentaiives in General Court ajfembled, and by the au- 
thority ofthefa?ne,Th2.t Ebenezer Felton, and his alTociates, J^f'^p^dtSv' 
together with fuch others, as may hereafter aflbciate with company iV 
them, and their fucceifors, be, and they are hereby made "^"''P'^''^^'^'^' 
a corporation, by the name of The Danvers Cotton Fac- 
tory Company, for the purpofe of manufacluring cotton 
in the town of Danvers, and for this purpofe fliall have all 
the powers and privileges, and be fubjed: to all the duties 
and requirements, prescribed and contained in an adt, 
entitled, " an ad defining the general powers and duties 
of manufacluring corporations,*' pafled the third day of 
March, eighteen hundred and nine. 

Sec. 2. Be it further enaded. That the faid cor- 
poration, may be lawfully feized and poffeflVd of fuch 
real eftate, not exceeding the value of fifty thoufand 
dollars, and fuch perfonal eflate, not exceeding the value 
of one hundred thoufand dollars, as may be neceffary 
and convenient, for carrying on the manufadlure of cot- 
ton, in faid town of Danvers. 

[This acl paiTed March 5, 1810.] 



CHAP. XCVI. 

An A6b to incorporate Theophilus Bradbury and others, 
by the name of The Newburyport Mechanick AlTocia- 
lion. 

Sect. i. 13Y. it enaded by the Senate and Houfe of 
Reprefcntatives in General Court ajfenibled, and by the au- 
thority of the fame. That Theophilus Bradbury, and all 
thofe who have aflbciated or may hereafter aflbciate with 

him 



appropriated. 



149 UNIVERSALIST SOCIETY. March 5, i8io» 

Newburyport him, bc, and they hereby are incorporated, and made a 
foclationlncor- ^ody poHtick by the name of 1 he Newburyport Mechan- 
porated. ick Aflociation, and by that name fliall be known in law ; 

Ihali be capable of fuing, and befued; and fhall have pow- 
er to have and keep a common feal ; to make bye laws for 
the eledion of their officers, and members, the colledion 
of afleflments, the regulation of their meetings, and ap- 
propriation of their funds for charitable purpofes ; but 
Ihall have power to make bye laws for no other purpofe 
whatever. 
An>ount of in- Sec. 2. Be it further enaBed, That the faid corpora* 
come. iJQjj fhall have power, and be capable in law, to purchafcy 

hold, and poflefs, in fee fimple, or otherwife, perlonal 
or real eftate : Provided, That fuch perfonal eftate fhall 
not exceed twenty thoufand dollars, and fuch real eftate 
ten thoufand dollars, in value. 
Income, how Sec. 3. Be it further enaded. That the annual incon>e 
of faid corporation (hall be appropriated and employed, 
exclufively, for the purpofe of reheving the diftrefles of 
unfortunate mechanicks and their families ; to promote 
inventions and improvements in the mechanick art, by 
granting premiums for fuch inventions and improve- 
ments ; and to affift young mechanicks with loans of 
money. 

Sec. 4. Be it further enaSled, That the faid corpora- 
tion fhall be, and continue, for and during the term of 
ten years, unlefs the legiflature fhall within that time, fee 
fit to diffolve the fame. 

[This Ad pafTed March 5, 18 10.] 



CHAP. XCVII. 

An Aft to incorporate the Firft Univerfalift Chriftian 
Society in Freeport. 

Sec. I. XjE /V enaBed by the Senate and Houfe of 

Reprefentatives in General Court ajfembled, and by the au' 

thority of thefame. That Jofeph Lufkin, Aaron Lufkin, 

^*nift' s^"'" "^^"^^^^ Lufkin, Jacob White, Andrew Dennifon, Gideon 

ty incorporated Lane, SolomonDcnnifon, Benjamin Sawyer, Seth Carver, 

Ala 



tlNIVERSALIST SOCIETY. March 5, i8io. 141 

Afa Sprague, Jofhua Webb, William Jordan, Thomas 
R. White^ David Hooper, Lewis Warner, Ifaac Story- 
Hooper, William Byram, Jedidiah Soule, Jun. Daniel 
York, Samuel Furbufh, Jofeph Knight, Jedidiah Soule, 
Gideon Dennifon, Daniel Waite, James Soule, David 
Fogg, Benjamin Fogg, Percy lownfend, Benjamin Town- 
fend, Thomas Rofe, Jofeph Lufkin, jun. Jofeph Davis, 
Edmund Mountford, Robert Towafend, Jofeph Dennifon, 
Thomas Hoyt, ^ranklin Bridge, Jeremiah Rofe, Nehe- 
miah Hooper, Richard Grant, and John Griffiin, with 
their families and eftates, together with fuch others as 
may hereafter affociate with them, or their furceffbrs, be, 
and they hereby are incorporated into a Keligious Society, 
by the name of The Firft Univerfalifl Chriitian Society 
in Freeport, with all the powers, privileges, and immu- 
nities to which other parilhes or religious focieties, are 
entitled by the conftitution and laws of this common- 
wealtjj, for religious purpofes only. 

Sec. 2. Be it further ena^ed^ That any perfon be- other perfons 
longing to the faid town of Freeport, or in the adjacent [^^^ ^ * ^^' 
towns, who may be defirous of joining in religious 
worfhip with, and becoming a member of the aforefaid 
fociety, and give in his or her name to the town clerk 
of faid Freeport, or the clerk of the town to which he 
or fhe belongs, with a certificate, figned by the minifter 
or clerk of faid fociety, that he or fhe has actually be- 
come a member of, and uiii-ed with the faid Univerfalifl 
Society in Religious VVorlhip, fourteen days at lead 
previous to the town meeting^, to be holden in faid town 
of Freeport, in the months of March or April annually, 
fliall, from and after giving fuch certificate, with his or 
her polls and eftate, be confidered as part of faid 
fociety : Provided however^ That fuch perfons (hall be Pro^^ife 
holden to pay their proportion of all money aJTeired in 
the town to which they belonged previous to that time. 

Sfic. 3. Be it further enaMed^ That if any member of pg^^^jj^ ^^^^^ 
faid Univerfalifl Society fhall, at any time within one oj^ of leaving 
year from the paffing of this adt, fee caufe to leave the ^^'^"^"^'^~~ 
fame, and unite in religious worfhip with any other 
religious fociety in the towns from whence they came, 
and lodge a certificate of fuch, his or her intention, with 
the minifler or clerk of faid Univerfalifl Society, and 
alfo with the clerk of the town to which they belong, 
T fourteen 



142 BANGOR MECHANICKS. March 5, 1810. 

fourteen days at leaft, before the town meeting in the 
months of March or /^ pril annually, and fhall pay 
his or her proportion of all money affeffed in faid fociety 
previous thereto, fuch perfon fhall, from and after giving 
fuch certificate, with his or her polls and eflates, be con- 
fidered as belonging to the town or parifh in which he or 
fhe may refide, in the fame manner as if he or fhe had 
never belonged to the faid Univerfalifl Society. 
Fjrfl meeting. Sec. 4. Be it further enaded. That any juflice of the 
peace in the county of Cumberland be, and hereby is au- 
thorized to iffue his warrant, direded to fome fuitable 
perfon, who is a member of faid Univerfalifl Society, 
requiring him to warn and notify the members thereof 
to meet at fuch time and place in laid town of Freeport,as 
Ihall be directed in faid wan ant, to chcofe fuch officers 
as parifhes and religious focieties in this commonwealth 
are by law authorized to choofe, in the months of March 
or April annually. ♦ 

[This ad paffed March 5, 1810.] 



CHAP. XCVIII. 

An Ad to incorporate Stephen Giddings and others, into a 
Society by the name of The United Mechanicks and 
Manufacturers of Bangor. 

/ Sec. I. J3e itenaBedby the Senate and Houfe of 

Reprefentatives in General Court ajfembled, and by the au- 
united Me- thority of the fame, 'lh2it Stcphtn Giddings, and all thofe 
chanicks and who have alfociated, or may hereafter aifociate with him, 
^^Bangt"Tn- ^^' ^^^ ^^^J ^^^ hereby incorporated and made a body 
corporated. politick,by the name of 1 heUnited Mechanicks and Man- 
ufacturers of Bangor, and by that name fhall be known in 
law, and fhall be capable of fuing and being fued, and 
fhall have power to have and keep a common feal ; to 
make bye laws for the eledion of their members and offi- 
cers, the colledion of affeffments, the regulation of their 
meetings, and the appropriation of their funds for chari- 
table ufes, but fhall not have power to make bye laws or 
regulations for any other purpofes whatever. 

Sec. 



JUDGE OF PROBATE. March 5, 1810, 143 

Sec. 2. Be it further enaBed^ That the faid corpora- Powers and 
don (hall have povver and fliall be capable in law, to pur- P"^'^^g^^- 
chafe, have, hold, ufe, pofiefs, retain and enjoy, in fee fim- 
ple or otherwife, any perfonal or real ellate, within this 
commonwealth, not exceeding the value of twenty thou- 
fand dollars in real eltate, and ten thouland dollars in per- 
fonal eftate, and the fame to fell, ahen, and difpofe of at 
their pleafure. 

Sec. 3. Be it further enaded. That the annual in- income, how 
come of faid corporation fhall only be employed for the ^'^p"*^*' • 
purpofe of relieving the diftrefles of unfortunate mechan- 
icks and their famiUes, to promote inventions and im- 
provements in the mechanick arts, by granting premiums 
for faid inventions and improvements, and to affift young 
mechanicks wirh loans of money. 

Sec 4. Be it further enaded. That the faid Corpora- 
tion Ihall be and continue for and during the term of ten 
years, unlefs the Legiflature fhall within that time fe€ fit 
to dilTolve the fame. 

Sec 5. Bi it further enacted^ That Stephen Giddings, pirft Meetine. 
Jofeph Heariwell, and Edward Sargent, be and they 
hereby are authorized and empowered to call the firit 
meeting of faid corporation, by giving notice of the time 
and place thereof, by pofiing up written notices in Bangor 
and two adjoining towns, thirty days at leafl, before the 
time of fuch meeting. 

[This aft palled March 5, i8io.] 



CHAP. XCIX. 

An Ad to make further allowance to the Judge of Probate 
for the County of Oxford, for his fervices. 

o u r jYi^^REAS the fees of the Judge of preamble. 
Probate for the County of Oxford, as by law eftabliflied, 
may not be an adequate compenfation for his fervices in 
in that office y 

Sec. 



144 DAMASCOTTA FISHERY. March 5, 1810. 

BE it enabled by the Senate and Hovfe ofRepre' 

fentaiives in General Court ajfembled^ and by the aulhonty 

CoMvi of Comr of the fame, that the Court of Common Pleas in laid 

pow'er^d^'to™' county be, and hereby are authorized and empowered, 

make an allow- annually, to grant cut cf the treasury cfiaid county unto 

Judge^of 'p^o ^^^ ^^^^ j^'^^^ ^'^'^ ^^^ ^^^'^^ being, fuch fum of money, in 
bate. addition to tie legal fees he may receive for his fervices, as 

to the laid court fhall appear jufl and realorable : Provid- 
ed, Ihe fum fo to be granted, together with the faid fees 
fhall not exceed the fum of three hundred dollars per an- 
num, and the faid judge of probate fhall keep an account 
of all the fees by him taken in his faid office, and Ihall 
lay fuch account, atiefied by the regiffer of probate, be- 
fore the faid court of common picas annually, for their in- 
formation, previous to their making him any grant by 
virtue of this ad. 

[This a£l paffed March 5, 18 10.] 



CHAP. C. 

An Aft in addition to, and amendment of an aft, entitled 
An aft to regulate the Filhery in Damafcotta River, in 
the county of Lincoln. 

Sec. 1. XjE it enaded by the Senate and Houfe of 
Riprefentativcs in General Court offembled, and by the au-< 
jurifdiAion of thority of the fame, Uhat the powers of the fifh committees 
^iftte^'"' "ft^b* ^"^ ^^^ towns of r^ew^-Caftle and Nobleborough refpeftive- 
liiiied. ' ly, fo far as may be neceflary to carry this aft into elieft, 

fhall exterd to and over all the waters between the head 
gates at the fcuthcrly end of the great pond, called Dam- 
afcotta pond, and Goofe rock fo called, in Damafcotta 
bay, including as well the mill ffream fo called as New- 
River fircam, and the faid fiih committees in the towns of 
ISIew-Caftle and Nobleborough refpeftively, fhall have the 
fame powers in the regulation 2nd mangement of the fifh- 
ery, over all the waters comprifed within the afor^faid 
bounds, as they now have, by the aforementioned aft over 
l^evi^-River flream \ and noperfon, by reafon of his being 



LANDS SET OFF, £5f^. March 5, 1810. 145 

one of the faid committees, fhall be thereby difqualified 
from being a witnefs in any profecution or fuit tor any 
breach of this aft. 

[This ad pafled March 5, 1810.] 



CHAP. CI. 

An Acl to fet off Thomas Saunderfon and others, front 
Deerfield, and annex them to Whately. 

Sec. I. -OE // enabled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the author-^ 
ity of the fame ^ I hat from and after the pafling of this aft. Lands annexe* 
Ihomas Saunderfon, Ebenezer Barnard, and Juftin to whateiy. 
]VIorron, with their polls and eftates, together with the 
lands and the inhabitants thereon, within the limits here- 
after defcribed, that is to fay, beginning at the fouth-weft 
corner of Thomas Saunderfon's land, in the north line of 
Whatley, thence running northerly on a line parallel with 
the original eaft line of Conway to the north line of Lot 
Number Sixteen, in Long-hill weft divifion, fo called, 
thence running eaflwardly on the north line of faid lot 
Number Sixteen to the eaft end of Juftin Morton's land, 
thence foutherly on the eaft line of Juftin Morton's land, 
to the fouth line of Wm. lyron's land, thence eaftward- 
ly on the fouth line of William Tyron's land, to the eaft 
fide of the county road leading from Deerfield to Whate- 
ly, thence fouth wardly on the eaft line of faid county road 
to the north line of Whately, including all lands within 
the faid running line and the north line of Whately, be, 
and they hereby are fet off from the town of Deerfield, 
and annexed to the town of Whately : Provided^ That 
the polls and eftates, 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 af- 
feffed thereon before the firft day May next, and all ftate 
and county taxes which have been or fhall be affeffed 
thereon, until a new valuation fhall be taken in this com- 
monwealth ; and all officers of the town of Deerfield fhall 
have the like authority and powers^ for that purpofe, as 

though 



146, 



STONE COMPANY. 



March 5, 1 810. 



though this ad had not paffed ; and while faid polls and 
eftates are afleffed in Deerfield, they fhail not for a like 
tax be affefTed hi Whately. 

[This aft paffed March 5, 1810.] 



Perfons iocor- 
porated. 



Powers 
privileges 



and 



CHAP. GIL 

An Ad to incorporate certain perfons, by the name of 
The Middlefield Free Stone Company. 



B 



Sec. I. •A-'E // enabled by the Senate and Houfe of 
Reprtfentatives in General Court ajfembled, and by the au^ 
thority of the fame. That Nathaniel Dorr, Nathaniel Rug- 
gles William Lambert, Simon Elliot, ihomas Shephard, 
Charles Shephard, and John Shephard, with fuch other 
perfons as already have, or may hereafter affociate with 
them, their fucceffors and affigns, be, and hereby are 
made a corporation, by the name of The Middlefield 
Free Stone Company, for the puvpofe of preparing and 
finifhing for various ufes, a quarry of fi'ee (ione in the 
town of Middlefield, in the county of Kampfhire and for 
tranfading any bufinefs neceifarily connefted therewith, 
and for that purpofefbali have all the j^owers and privileges, 
and be fubjed to all the dudes und rsquirements,contained 
in an ad paffed the third day of March, in the year of 
our Lord One thoufand eight hundred and nine, entitled. 
An ad defining the general powers and duties of man- 
ufaduring corporations. 

Sec. 2. Be it further ena^ed. That faid corporation 
may be lawfully feized and poffeffed of fuch real eftate, 
not exceeding fixty thoufand dollars, and fuch perfon- 
al eftate not exceeding one hundred thoufand dollars in 
value, as may be neceffary and convenient for carrying 
on the manufadory aforefaid. 

£This ad paffed March 5, i8io.] 



CHAP. 



ANTIPiEDOBAPTIST SOCIETY. March 5, 18 10. 147 

CHAP. cm. 

An A£lto incorporate a number of perfons, as a religious 
fociety, by the name of The Antipsedobaptifl Society in 
New Portland. 



Perfons incor- 



Sec. I. XjE it enabled by the Senate and Houfe of 
Reprefentatives in General Court ajfembled, and by the au- porate'd. 
thority of the fame, ThatWilliatnChurchill, Benjamin Chur- 
chill, John Churchill, Thomas Coburn, John Elder, An- 
drew Ellet, John Ellet, Robert Ellet, Alexander Everett, 
John Everett, Samuel Fling, Benj. Gould, Saml. Hutchins, 
DavidHutchins jr. Michael Jones, Curtis Norton,Freeman 
Norton, Peter Norton, Jofeph Paine Jofiah Parker, Rich- 
ard Pumery, Henry Quint, Ebenezer Richardfon, Rich- 
ard Williams, Richard Williams, jun. Benjamin York, 
and Robert York, with their families and eftates, together 
with fuch others as may hereafter aflbciate with them, in 
the manner provided in this a6t, be, and they are hereby 
incorporated, as a diftind religious fociety, by the name of 
The Antipaedobaptiit Society in New Portland, with 
all the powers and privileges exercifed and enjoyed, and 
fubjedt to all the duties and difabilities of other religious 
focieties, according to the conflitution and laws of this 
commonwealth. 

Sec. 2. Be it further enaded. That any juftice of the 
peace for the county of Somerfet, be, and he is hereby 
authorized to iiTue a warrant, directed to fome member 
of the faid religious Society, requiring him to notify and 
warn the members thereof, to meet at fuch convenient 
time and place, as may be appointed in faid warrant, for 
the choice of fuch officers as parifhes and religious foci- 
are empowered to choofe at their annual parifh meetings. 

[This ad pafled March 5, 1810.] 



CHAR 



14$ SEVEN MILE BROOK FISHERY, ^c. Mar. 5,1810. 

CHAP. CIV. 

An Ad to amend and explain an ad refpeding the Flfh- 
ery in the town of Vaflalborough. 

X3E it enabled by the Senate and Houfe of 
Reprefentatives in General Court affembled, and by the au^ 
thority of the fame. That the penalties and reftridions, 
enaded and provided in an ad, entitled. An Ad to pre- 
vent the taking of fifh nv-ar the mouth of Seven-mile 
brook, fo called, in the town of Vaffalborou^jh, in the 
county of Kennebeck, pafled the prefent feffion of the 
General Court, fhall extend to every perfon, and all per- 
fons, who fhall take fifh any where in Ktnnebeck river, 
within fixty rods of the mouth of Seven-mile brook, ex- 
cepting in the manner exprefsly provided in the faid ad. 
[This ad pafTed March 6, 1810.] 



CHAP. CV. 

An Ad to incorporate certain perfons, by the name of 
The Salem Athenasum. 

Sec. 1. X3E /V enaSled by the Senate and Houfe of 
Reprefentatives in General Court afjemhkd, and by the au- 
Saiem Athene- ''^^'"^(y ^f ^^^ fame^ That Edward /^uguftus Holyoke, 
urn incorporat- William Ome, Mofes Little, John Treadwell, jun. John 
■ Pickering, jun. Benjamin L. Oliver, Leveret Saltonftall, 

Nathaniel bilfbee, and bamuel Putnam, together with all 
other perfons, who are or fhall become members of the 
faid alTociation, be, and they hereby are incorporated by 
the name of The proprietors of the Salem Athenseum, 
and by that name may fue, and be fued, plead and be 
impleaded, defend and be defended, in all and any courts 
of law, or elfe where, in all manner of adions, pleas, or 
controverfies whatfoever, and in their faid corporate ca- 
pacity, and by their faid name, they and their luccelfors 
fhall be capable in law to purchafe, receive, have, hold, 
take, polfefs and enjoy, in fee fimple, or otherwife, lands. 



SALEM ATHEN^UM. March 6, i8ip. 149 

tenemsnts, rents and hereditaments, not exceeding in 
the vvhole, the yearly value of two thoufand dollars, ex- 
clufive of the building or buildings which may be acluil- 
ly occupied or ufed for literary purpofes. And the faid 
corporation and their faccefTors, ihall be capable of tak- 
ing, receiving and holding by donation, fubfcription, be- 
queft, or otherwife, money, goods, chattels, eifecls, and . 
credits, to an amount, the yearly value of which (liall 
not exceed threelhoufand dollars, exclufive of their books, 
fo that the eftate aforefaid fnall be appropriated for the 
promotion of literature, of the arts and fciences, and 
not otherwife : And the faid corporation, and their fuc- 
ceffor^jihall have power to give, grant, fell, alien, convey, 
exchange, or leafe, all or any part of their lands, tene- 
ments, or other property, for the benefit and advantage 
of faid corporation. 

Sec. 2. Be it further enaSled, That the faid corpora- ^^y have a 

i_ ryr\'ri^^ji^ common feal. 

tion may nave a common leal, tor their uie and benent, 
with full power to alter, change, or renew it, whenever 
they fhall think the fame expedient. 

Sec. 3. Be it further enacted^ Ihat the faid corporation Meetings, bve- 
fhall have power to determine when and where th'eir '^^s, &e. 
meetings (hall be holden, and the manner of notifying and 
calling the fame, and power to choofe fuch officers, with 
fuch powers, as they (liall judge expedient, and to make 
bye laws, for the due government of the faid corporation 
and for the due and orderly conducing the affairs there- 
of, and for and concerning all matters and things relat- 
ing to Jaid corporation, and the fame at pleifure to alter 
and amend or repeal : Provided however, 'I'hat the pow- 
ers veiled in their faid officers, and the faid bye laws 
fhall not be repugnant to the conftitution and laws of this 
Commonwealth. 

Sec. 4. Be it further ena^ed. That the proprietors of Fines, 
faid corporation fiiali have power to impofe fuitable fines, 
not exceeding five dollars, for the nonfuliilment or 
breach of the fame bye laws ; and the faid corporation 
fhall have a fuitable remedy by adion to recover fuch 
fines in any court of law proper to try the fame. 

Sec. 5. Beit further enaded. That whenever any pro- How coiicc«ied, 
prietor fhall negieft or refufe to pay any aifeffment duly 
impofed upon his fliare orfliares, in faid corporation, for 
the fpace of fixty days after the time, fet for the payment 
tJ diereof, 



I5Q COURTS OF C. P. March 6, 1810. 

thereof, the treafurer of faid corporation is hereby au- 
thorized to fell at publick vendue, the (hare or fhares of 
fuch delinquent proprietor, a>ter duly notifying in fome 
news-paper printed in the town of 8alem, the fum due on 
fuch fhare or fhares, and the time and place of fale at 
lead thirty days before the time of fale, and fuch fale 
fhall be a fufficient, transfer of the (hare or fhares fo fold 
to the purchafer, and upon producing a certificate of fuch 
fale from the treafurer, fuch purchafer (hall be entitled 
to a transfer of the fhare or fhares, fo fold, on the books 
of the corporation, and fhall be confidered to ail intents 
and purpofes the proprietor thereof ; and the overplus of 
fuch fale, if any there be, after payment of fuch affeffment 
and incidental charges, fhall be paid on demand, by fuch 
treafurer, to the perfon whofe fliare or fhares were fold as 
is before provided. 
Era Meeting. Sec. 6. Be it further enaded^ That Edward Auguftus 
Holyoke, William Orne, Nathaniel Silfbee, and Samuel 
Putnam, or any three of the fame, fhall have power to 
call the firfl meeting of the faid proprietors, by advertif- 
ing the fame three weeks furceffively before the time of 
fuch meeting, in fome newfpaper printed in the town of 
Salem, and that, at the fame meeting, thefaid proprietors 
may procred to execute any or all the powers vefted in 
them by this aft. 

[ 1 his ad pafTed M ^?r<:A 6, i8io.] 



CHAP. CVI. 

An Aft to authorize two Juftices of the Courts of Com- 
mon Pleas to tranfaft the bulinefs of faid Courts in 
certain cafes. 



B 



'£ /'/ enabled by the Senate and Houfe of 
Reprefentativts in General Court ajfemhled^ and by the au- 
Two JuWces thority cfthefame^ Ihat whenever there fhall be a vacancy 
IheVufiudf of ^" ^J^y Court of Common Pleas by death, refignation, or 
the court, in othcrwife, or whenever any of the juftices of laid courts 
ceruin cafes. Q^^y^ ]^^ Unavoidably detained from attending at any term 
or part of a term thereof, the faid courts may be holden 

and 



MILITIA. March 6, iSio. 151 

and all the bufinefs thereof tranfa6ted by two of the juf- 
tices of fuch court. And whenever any juftice of faid 
courts (hall be legally diquatified from acting in any 
caufe or matter pending therein, the fame may be heard, 
tried, acted upon and determined by the other two juflices 
of faid court. 

[This aa paffed M^zrc^ 6, 1810.] 



CHAP. CVII. 

An Act for regulating, governing, and training the Militia 
of this Commonwealth. 

\ V HERE AS, Congrefs on the eighth day Preamble. 
of May, in the year of our Lord, one thoufand feven hun- 
dred and ninety-two, paffed the following Law — entitled, 

" '.n '\ct more effectually to provide for the national Uni ed states 
" defence, by eftabliffiing an uniform Militia through- Militia Law. 
" out the United States " 

Sec. I. BE It enacted by the Senate and Houfe of 
Reprefentathes of the United States of America in Congrefs 
ajfe nbled^ That each and every free, able-bodied, white j.^ citizen 
male citizen of the refpeCtive States, refident ther in, to be enrolled, 
who is or (hall be of the age of eighteen years, and under ^^*^^P'— 
the age of forty-five years, (except as is herein after ex- 
cepted,) ihall feverally and refpectively, be enrolled in 
the militia, by the captain, or commanding officer of the 
company, within whofe bounds fuch citizen (hall refide, 
and that within twelve months after the pailing of this a6t. 
And it (hall at all times hereafter be the duty of every 
fuch captain or commanding officer of a company, to en- 
rol every fuch citizen as aforefaid, and alfo thofe who 
ihall, from time to time, arrive at the age of eighteen 
years, or being of the age of eighteen years, and under 
the age of forty-five years, (except as before excepted) 
(hall come to refide within his bounds ; and (hall without ^^j notified 
delay, notify fuch citizen of the faid enrolment, by a pro- thereof. 
per non-commiffioned officer of the company, by whom 
fuch notice ma^' be proved That every citizen, fo enrol- 
led and notified, Ihall within fix months thereafter, pro- 
vide 



152 



MILITIA. 



March 6, 1810. 



How armed & vidc himfelfwith a good mufl^et or firelock, a fufficient 
equipped. bayouet and belt, two Ipare flmts, ano a kr!apfack,a pouch 
with a box therein, to contain not Icfs than twenty-four 
cartridges, fuited to the bore of his mulket or firelock, 
each cartridge to contain a proper quantity of powder and 
bail : or with a good rifle, knapfack, (hot pouch and pow- 
der horn, twenty balls, fuited to the bore of his rifle, and a 
quarter of a pound of powds-r ; and fhall appear fo armed, 
ai coutred, and provided, when called out to exercife, or 
into iervice, except that when called ou^ on company days 
to exercife only, he may appear without a knapfack. 
That the commilfioned officers fliall feverally De armed, 
with afwordor hanger and efpontoon., and that from and af- 
ter five years, from the pafling of this ad, all mufl<:ets 
for arming the militia, as herein required, fhall be of 
boies fufficient for balls, of the eighteenth part of a 
pound. — And eve?y citizen fo enrolled, and provid- 

Arms may be ' i • r 1 r • 1 1 • • 1 

held free of at- iiig himlelt With the amis, ammunition, and ac- 
tachment. coutrcments, required as aforefaid, fhall hold the fame, 
exempt from a'l fuits, diPcreflfes, executions, or fales, for 
debt or for the payment of taxes. 

Sec. 2. And be it further enaded. That the Vice-Pre- 
fident of the United States ; the officers, judicial and 
executive, of the government of the United States ; the 
members of both Houfes of Congrefs, and their refpedive 
officers ; all cufl^om-houfe officers, with their clerks ; 
all pofl: officers, and ftage drivers, who are employed in 
the care and convey mce of the mail of the poll office of 
the United Slates; all ferrymen, employed at any ferry on 
the poll road ; all infpeclors of exports ; all pilots; all 
mariners adually employed in the fea fervice ol any citizen 
or merchant within the Unite;! btates ; and all perfons who 
now are, or may hereafter be exempted by the laws of 
the refpefiive States, fliall be, and are hereby exempted 
fiom militia duty, notwithfl:anding their being above the 
age of eighteen and under the age oi forty-five years. 
f'SiiC. 3. And be it further enaded. That within one 
year after the paffing of this act, the mihtia of the refpec- 
tive States fliall be arranged into divifions, brigades, re- 
giiuenis, battalions, and compaisies, as the legiflature of 
each :^tate fhall dired ; a; d each divifion, brigade, and 
regiment, fhall be i umbered ar the formation thereof; and 
a record made, of fuch liumbers, in the adjutant-general's 

office 



Exempts. 



Arrangement 
of the Militia. 



MILITIA. March 6, i8id. 153 

office in the (late ; and when in the field, or in fervice in 
the ftate, each divifion, brigade, and regiment, (hall re- 
fpedively take rank according to their numbers, reckon- 
ing the firft or lowed number, higheft in rank. I'hat, if 
the fame be convenient, each brigade fhall confift of four 
regiments; each regiment of two battalions; each bat- 
talion of five companies ; each company of fixty-four 
privates. That the faid militia fhall be ofHcered by How officered, 
the refpe<5live ftates, as follows : To each divifion, one 
major general and two aids-de-camp, with the rank of 
major ; to each brigade, one brigadiev-ueneral, with one 
brigade infpeftor, to ferve alio as brigade major, with the 
rank' of a major ; to each regiment, one lieutenant- 
colonel commandant ; and to each battalion, one major ; 
to each company, one captain, one lieutenant, one en- 
lign, four ferjeants, four corporals, one drummer, and 
one fifcr or bugler. That there fhall be a regimental flaff, 
to coiififl of one adjutant, and one quarter-mafter, to 
rank as lieutenants ; one pay-m,afler, one furgeon, and 
one fuigeon*s mate ; one fergeant-major j one drum- 
major, and one fife- major. 

Shc. 4. And beif further e?ia^ec/,Th2itout of the miVitia. Lightiafantry. 
enrolled as is herein direded, there fliall be formed, for 
each battalion, at leaft one company of grenadiers, light 
infantry, or riflemen ; and that to each divifion there fhall 
be at lead one company of artillery, and one troop of ^'■fi'^ry and 

i_ r L . 11 1 - r -ii Cavdirv, now 

norle ; there 'tail be to eacn company or ar lUery officered and e- 
one captain, two lieutenants, four ferjeants, four cor- quipped. 
poralsjfix gunners, fix bombardiers, one drummer, and one 
fifer. '1 he officers to be armed with a fword or hanger, a 
fufee, bayonet and belt, with a cartridge box to contain 
twelve cartridges : and each private or matros fhall furnifh 
hi nfelf with all the equipments of a private in the infantry, 
until proper ordnance and field artillery is provided. 
There fhall be to each troop of horfe, onecaptain, two lieu- 
tenants, one cornet, four ferjeants, four corporals, one fad- 
dler, one farrier, and one trumpeter. The coinmifTioned 
officers to furnifh themfelves with good horfes, of at leafl 
fourteen hands and an half high, and to be armed with a 
fword, and a pair of piflols, the hoKters of which to be cov- 
ered with bearfkin caps. Each dragoon to furnifh himfelf 
with a ferviceable horfe, at leafl fourteen hands and an 
half high, a good laddie, bridle, mailpiilion, and val- 



134 



MILITIA. 



March 6, 1810, 



ife, holders, and a breaft plate and crupper, a pair of boots 
and fpurs, a pair of piltols, a fabre, and a cartouch box, 
to contain twelve cartridges for piftols. That each com- 
pany of artillery and troop of horfe fhall be formed of 
volunteers from the brigade, at the difcretion of the com- 
mander in chief of the ilate, not exceeding one company 
of each to a regiment, nor more in number, than one 
eleventh part of the infantry, and fliall be uniformly cloth- 
ed in regimentals, to be furniflied at their own expence ; 
the colour and fafhion to be determined by the brigadier 
commanding the brigade to which they belong. 
Each battalion 8ec. 5. And he it further ^nad^ed^ That each battallion 
to be furDiiiied and regiment fhall be provided with the ftate and regi- 

Witn colours u r o 

drums>&c. ' mental colours, by the field officers, and each company 
with a drum and fife, or bugle horn, by the commiflioiied 
officers of the company, in fuch manner as the legilla- 
tures of the refpedive rotates fhall direft. 
Adjutant-Gen- Sec. 6. Andbe it further enatled^ I'hat there fhall be an 
erai, his duty, adjutant-general appointed in each Mate, whofe duty it 
fhall be, to diftribute all orders from the commander in 
chief of the 6tate, to the feveral corps ; to attend all pub- 
lick reviews, when the commander in chief of the btate 
fhall revii w the militia or any part thereof ; to obey all 
orders from him, re ative to carrying into execution and 
perfecting the fyrtem of military difcipline, edabliffied by 
this adt ; to furnifh blank forms of different returns, 
that may be required, and to explain the principles on 
which they fhould be made ; to receive from the feveral 
officers of the different corps throughout the flate, returns 
of the miiitia under their command, reporting the a«Slual 
fituation of their arms, accoutrements, and ammunition, 
their delinquencies, and e^ery other thing that relaies to 
the general advancement of good order and difcipline : 
all which the feveral officers of the divifions, brigades, 
regiments, and battalions, are hereby required to make, 
in the ufual manner, fo that the faid adjutant-general may 
be duly furnifhed therewith : from all which returns he 
fhall make proper abltrads, and lay the fame, annually, 
before the commander in chief of the State. 
ef- Sec. 7. Andbe it further enaded. That the rules of dif- 
cipline, approved and eftablifhed by Congrefs, in their 
refolution, of the 29th of March, onethoufand leven hun- 
dred and feventy nine, Ihall be the rules of difcipline, to 

be 



pifcipline 
tabliHied. 



MILITIA. March 6, i8io. 155 

be obferved, by the militia, throughout the United States, 
except Tuch deviations from the faid rules, as may be 
rendered neceflary, by the requifitions of this act, or by 
fomeother unavoidable circumftances. It (hall be theduty 
of the commanding officer, at every mufter, whether by 
battalion, regiment, or fmgle company, to caufe the mi- 
litia to be exercifed and trained, agreeably to the faid rules 
of difcipiine. 

ShC 8 And be it further €na8ed^T\\?i\. 2\\comm\^\OTitdi Km^ of offi- 
officers fhall take rank according to the date of their com- ""• 
miffions ; and when two of the fame grade bear an equal 
date, then their rank to be determined by lot, to be drawn 
by them, before the commanding officer of the brigade, 
regiment, battalion, company, or detachment. 

JSec. 9. And be it further enabled ^ 1 hat if any perfon, DifaWied offi- 
whether officer or foldier, belonging to the militia of any *^^ 
State, and called out into the fervice of the United States, 
be wounded or difabled while in adual fervice, he Ihall be 
taken care of, and provided for, at the publick expenfe. 

Sec. 10. And be it further ena^ed. That it ffiall be the Brigade infpec- 
duty of the brigade infpedlor, to attend the regimental 
and battalion meetings of the militia compofmg their 
feveral brigades, during the time of their being under 
arms, to infped their arms, ammunition, and accoutre- 
ments ; fuperintend their exercife and manoeuvres, and in- 
troduce the fyftem of military difcipiine before defcribed, 
throughout the brigade,agreeable to law, and fuch orders as 
they (hall, from time to time, receive from the commander 
in chief of the State ; to make returns to the adjutant gene- 
ral of the State at leaft once in every year, of the militia of 
the brigade to which he belongs,reporting therein the aftu- 
al fituation of the arms, accoutrements, and ammunition 
of the feveral corps, and every other thing, which in his 
judgment may relate to the government, and the general 
advancement of good order and military difcipiine ; and 
the adjutant-general ffiall make a return of all the militia Adjutam-Cen- 
of the State, to the commander in chief of the faid State, erai to make 
and a duplicate of the fame to the Prefident of the United 
States. And whereas fundry corps of artillery, cavalry, 
and infantry, now exift in feveral of the faid States, 
which by the laws, culloais, or ufages thereof, have not 
been incorporated with, or fubjecl to the general regu- 
Utions of the militia. 

Sec. 



returns. 



156 MILITIA. March 6, 1810. 

Certain Corps Sec. II. Be it further etia&ed^ That fuch corps re- 
tain'^hti/priv- ^^^" ^^^^'" accultomed privileges, fubjedl nevertheler>, to 
iieges. all other duties required by this ad, in like manner with 

the other miliiia. 

And whereas Congrefs, on the fecond day of March, 
in the year of our i.ord, one thouland eight hundred 
and three, paffed the following additional law, eutitled. 

Additional aft " An Aft in addition to an a£l: entitled, An Acl more 
of Congrefs. effe£lually to provide for the national defence, by 

eftablilhing an uniform Militia throughout the United 
States.'* 

BE it enaBed by the Senate and Houfe of Rep- 

refentativcs of the United States of America^ in Con^r.fs af- 

Adjutant-Gen- fcmbled. That it Ihall be the duty of the a^iutant-jrei-eral 

era! to make"^ ri .,... in i <l •!• 

annual returns ^i the muitia, in cach Itatc, to make return or the mili- 
to the Prefi- tia in each to which he belongs, with their arms, accou- 
trements, and ammunition, agreeably to the directions 
of the aft, to which this is in addition, to the Prefident of 
' the United States, annually, on or before the firll Mon- 

day in January, in each year : and it (hall b the duty of 
the fecretary of war, from time to time, to give fuch di- 
reftions to the adjutant-generals of the militia, ^s (hall 
in his opinion be neceffary to produce an uniformity in 
the faid returns, and he fhall lay an abliraft of the fame 
before Congrefs, on or before the firft Monday of Febru- 
ary annually. 

Sec. 2 And beit further enaded. That every citizen duly 
enr<.")lled in the militia, fliall be conflantly provided with 
arms, accoutrements, and ammunition, agreeably to the 
Legal notice of direftions of the faid aft, from and after he fhall be duly 
earoiment. notified of his enrolment ; and any notice or warning 
to the citizen, fo enrolled, to attend a company, battal- 
ion, or regimental mufler, or training, which ihall be ac- 
cording to the laws of the (late, in which it is given for 
that purpofe, fiiall be deemed a legal notice of his enrol- 
ment. 

SiiC. 3. And be it further enaBed^ That in addition 

General"'" to the officcrs, provided for by the faid aft, there Ihall 

Brigade Quar- be to the militia of each ftate, one quarter-mafter-general ; 

cSaiT ^^ ^'^^^ brigade, one quarter-mader of brigade j and to 

each regiment, one chaplain.. 

ISiovj 



MILITIA* March 6, 1810. 157 

Now therefore, the more effcflitnUy to carry the foregoing 
Laws^ and the provifiuns of the Conjiitution tfthis Common" 
wealth, into execution : 

Sec. I. BE it enacted by the Senate and Houfe of Rep- 
refentatives in General Court affmbled, and by the author- 
ity of the fame. That in addition to the exemptions made 
by the foregoing laws of the United States, the perfons 
afterwards in this feclion mentioned, be, and they are 
hereby either abfjlutely or conditionally exempted from 
militia duty, notwithftanding their being of the age of 
eighteen, and under the age of forty-five years : and that 
the following be the perfons who are abfolutely exempted, uueiy exempt- 
viz, the Lieutenant Governour ; the members of the Ex- ^^' 
ecutive Council ; the Judges of the Supreme Judicial 
Court, and their Clerks -, the Judges of the Courts of 
Coinmon Pleas, and their Clerks ; the members of the 
Le2;iflature, and its Officers, while the fame is in feffion ; 
Judges of Probate ; Juftices of the Peace, holding coni- 
millions, and qualified to act as fuch ; Regifters of Pro- 
bate ; Regilters of Deeds ; the Attorney General, and 
the Solicitor General ; the Secretary and Treafurer of 
the Commonwealth, and their Clerks ; Sheriffs ; all Of- 
ficers and Students of any College, actually refident 
there ; Preceptors of Academies, and :)chool Maflers, 
while actually employed as fuch ; the Prefident, Profef- 
fors, and "^students of Theological Seminaries ; Minifters 
of the Gofpei, of every deno.nination ; all Students of 
Divinity, who fhall produce a certificate from an ordain- 
ed Clergyman, of their being fuch, and deliver the fame 
to the Commanding Officer of the Company within 
whofe bounds fuch Student refides ; the firfl Clerk ia 
the Adjutant and Quarter- M after General's Offices, ref- 
peftively ; all Officers who have held or may hereafter 
hold Commiifions in the Army or Navy of the United 
States ; all Officers who have heretofore held or may 
hereafter hold Commifiioiss in the Militia of this State, 
or any other State of the United States, for the term of 
five years, or (hall have been fuperceded and difcharged ; 
the Onicers and Guards employed at the State's Priibn, 
in Charleftown ; fuch Engine men as fhall annually pro- 
duce, to the commanding officer of the,\:ompany within 
■whofe bounds they refide, certificates fxom the feledmen 
•f their refpedive towns, that they have been legally ap- 
W pointed 



iS^ 



MILITIA. 



March 6, i8iOr 



Perfbns condi- 
tionally ex« 
empted. 



Provifo» 



pointed and are bound to perform the duties of Engine 
men ; and every perfon of the religious denominations of 
fakers and Shakers, who (hall, on or before the firfl 
Tuefday of May, annually, produce a certificate to the 
commanding officer of the company within whofe bounds 
fuch ^.aker or Shaker refides j which certificate, fign- 
ed by two or more of the elders or overfeers, (as the cafe 
may be) and counterfigned by the clerk of the fociety 
with which fuch ^aker or Shaker meets for religious wor- 
ihip, fhall be in fubftance as follows : 

*' Wey the fubfcribersy of the Society of the people called 
in the town of in the county of do 

hereby certify that is a member of our Society, and that 
he frequently and ufual'y attends with faid Society for relig- 
ious worfhip, and we believe is confcientioufly fcriipulous of 
bearing arms, 

•p v fi jL A. B "? Elders or Overfeers** 

C. D. 3 [as the cafe may be] 
And that the perfons aftermentioned in this fedion, not- 
withftanding their being above the age of eighteen and 
under the age of forty-five years, be, and they are hereby 
conditionally exempted from militia duty, as follows, viz. 
Deputy-Sheriffs and Coroners ; Phyficians and Surgeons j 
all Officers who have heretofore held, or may hereafter 
hold, commiffions in the militia of this flate, or any oth- 
er flate of the United States, for a term lefs than five 
years ; and all perfons who are, or may hereafter be be- 
tween the ages of forty and forty-five years, be, and they 
are hereby exempted from all militia duty, except that of 
keeping themfelves conftantly furniflied with the arms and 
equipments required by the laws of the United States, and 
the duty of carrying or fending them, on the firfl Tuef- 
day of May annually, to the place of infpeftion, or view 
of arms, of the company within whofe bounds they may 
refide, and in which they are enrolled, and the duty of 
attending eledions of company officers, as herein after 
provided ; Provided however, I hat the perfons condition- 
ally exempted as aforefaid, fhail pay to the treafurer of 
the town or diftrid within which fuch exempt refides, 
two dollars ^annually, and produce his receipt there- 
for to the commanding officer of the company, on 
or before the firfl 1 uefday of May in each year ; 
and the ikid tteafurer Ihail keep an account of all 

monies. 



MILITIA. March 6, iSio. 15^ 

monies fo by him received, and fuch money fhall be ex- 
pended by the feledmen of fuch town or diftrid for the 
ible purpofe of arming, equipping and uniforming the 
militia of fuch town or did rid, as may not be conveniently 
able to arm, and equip, and uniform themfelves. 

Sec. 2. Be it further ena^edy That the commander in Commandet ia 
chief, with advice of council, be, and he hereby is author- ^^'^to^^it^ge 
ifed and empowered to organize and arrange the militia of the Militia. 
this Commonwealth, conformably to the laws of the Unit- 
ed States, and to make fuch alterations therein, as, from 
time to time, may be deemed necelTary. And that in fu- 
ture all applications or petitions for raifing comp \nies at 
large, and all applications or petitions for aheratioi s in the 
arrangement of the militia, fhall be made to the command- 
er in chief ; and he, by and with the advice and confent 
of the council, is hereby authorifed to grant fuch petitions proT?if9. 
or applications, as to him may appear proper. Provkkd 
however. That the prefent organization and arrangement 
of the militia (hall continue, until the commander in chief, 
with advice of council, (hall otherwife order. CommJffioned 

Sec. 3. Be it further ertaded, 1 hat the commiilioned ^a^,^^]^ hoS7o" 
officers of the militia, named in the aforefaid laws of the be cho'fen. 
United States, fhall be chofen and appointed in manner 
following : 

J To be chofen by the Senate and Houfe of 
Reprefentatives, each havin? a negative on 
. the other, and to be commiffioned by the 
(_ Commander in Chief. 
r To be chofen by the written votes of the 
The Brigadier-Gener- ] held officers of their refpedive brigades, 
ah of Brigades f and to be commiffioned by the Command- 
eer in Chief. 

f To be chofen by the written votes of the 

CTL -p- tj JT f\ captains and fubalterns of their refpective 

1 ojP'^ J I regiments and battalions, to be commif- 

7SZ ''I fioned by the Commander in Chief, ac- 

j cording to the grades to which they may 

(^be elected 

To be chofen by the written votes of the 

non-commiffioned officers and privates 

The Captains and Sub- , °^ '^^'' ^^efpcaivc companies, of twenty- 

aIternsofCo?r.panies<''''^y^:]l'''^,Y f"^ "P^^^^^' ^^^'9.^^ 
' ^ j commiilioned by the Commander m Chiei, 

I according to tiie grades to which they may 

l^be elefted. 

r To be appointed and commiffioned by the 

The Adjutant'General < Commander in Chief, with the rank of 

L Brigadier-General. The 



i6o MILITIA. March 6, i8i*. 

rTo be appointed by the Commander in 

The Quarter- Mq/Ier-\Ch\c{y with advice of Council, and to be 

General J commiffioned by the Commander in Chief, 

(_with the rank of Brigadier-General. 

r 1 o be appointed by cheir refp^ftive ma- 

Tbe yiids-de-ramp o/"J jor-oenenls, and to be commiffioned by 

the Major-Gtuerals J the Commander in chief, with the rank of 

(_'najor. 

cTL J} • J n/T • r To be appointed by their refpedlivc 

The Brigade- Ma/or s.\, • ,■ '^^ , j l ^wr „^j 

d th B' d 3 ^''^S^Qifcr-generals, and to be commilhoned 

o^ / nV^a ) by the Commander in Chief, with the rank 

Quarter IVLaicrs I r • 

^ «'■ (_or maj T. 

fThe Adjutants^ //:;/ f" To be appointed by the lieutenant colonels 
^tarter- Majhrs^k^ \ comrnanJans of their refpeillveregimenrsj, 
tice Faymajltn efrtg-'S and to be commiffioned by the Commander 
iwe/its (_ in Chief, with the rank of lieutenant. 

The Chaplains, the C To be appointed by the lieutenant-colonels 
Surgeons, a?td ii^^" J commandants of their refpedlive regiments. 
Surgeon's Mates o/'l and to be commiiriuued by the Commander 
regiments (_in chief, as fuch. 

o niif Skc. 4. Be it further enaded. That the non-commlffion- 
fioned offi-ers ed oificers, named in the aforefaid laws of the United 
hef,,re-nHmed, ^tatcs, Ihall be appointed in the manner followinpj : 

now appointed. * * " 

The non-comm\frnned f^'' ""^ appointed by the lieutenant-colonels 

ments J ^ \ ments, who fhall grant them warrants ac- 

(_cordingly 

f To be appointed by the captains of their 
j refpe£live companies, who Ihail forthwith 
'•)e nort- commiffioned \ mrke return th'reof to the commanding 
Officers of companies j officer of their refpeftive regiments or 
I batt.ilions, and they Ihall grant therp war- 
grants accordingly. 

Other ofEcers. Sec. 5. Be it further enaded. That in addition to the 
commiffioned and non commiffioned officers above enu- 
merated, the following officers and non-commiffioncd pffi- 
cers ffiall be appointed in the manner following : 

Aids de-camp to the Com- C To be appointed and commiffioned by the 
niandcr in Chief not '0 4 Comm.jnaer in Chief, with the raiikof lieu- 
exceedfour in number (.tenant-colonei commandant. 

r To be nominated by the m jor-general of 

A Judge- Advocate frj each divifion, and it approved by the Coni- 
each divij'ion J mnidtr iii Chief, to be commiffioned by 



The 



An Adjutant and a ^inr- i To b. tppointed by the commanding offi- 
ter-ma/ler to each bat- \ cers of their refpedlivc battalions, and to be 
talion rf artilierji^ and'S commiffioned by the Commander in Chi?f» 
cavalry Lwith WiC rank of lieutenant. 



MILITIA. March 6, \8io. i6f 

TTo be appointed by tVie lieutenant-colo- 

ji Serjeant-Major to each jneh commandant of their refp.£tlve 

regiment j regiments, who fhali grant warrants ac- 

(_cordingly. 

/i ^arter-mnjier Ser- f To be appointed by the commanding offi- 

jeatn to each battalion of< c-rs of their refpr^live battaHons, who 

artillery and cavalry (.ihall grant warrants accordingly. 

Sec. 6. Bj it further enaded^ That each major j^eneral Major-Gencr- 
be, aad he hereby is authorifed, and it (hall be his duty ^is to j^ive or- 

' . ••' . iiri_j 1- ders far elec- 

from time to time to give all luch orders, as may be tions of officers, 
neceffary, for filling by eledion, any vacancy or va- 
cancies of brigadier-general, field officer, captain, or fubal- 
tern, which does now or may hereafter exifl, within his 
divifion And previous to any fuch eledion, the electors £le^cvorstohave 
ihall have ten days notice thereof at leaft ; and all returns ten days notice, 
of eledions, or of neglects, or refufals to eledt, fliall be 
made to the Commander in Chiei", by the major-generals 
in whofe divifions fuch elections fhall have been ordered ; 
^nd in cafe of negled: or refufal by the electors to eled ^^^ ^^^^ ^^ 
any officer, when duly notified and ordered thereto, the ledi, the Com- 
Comman,der in (',hiet, with advice of.. Council, fliall ap- "i.<nderu, chief 

r r • 1 I c r-ii r 1 i ii "^ 'Y nil vacan- 

point lome iuitable perlon to rill luch vacancy. And all cies. 
commifiions (hall pafs through the hands of the ma- 
jor-generals to the oflicers within their refpedive divifions 
•jyho may be entitled to receive them. And every perfon^ 
who fnall be eLded to- any office as aforefaid, and fliaU 
pot within ten days, after he Ihall have been notified of 
his election, by the officer who prefided thereat, (except- 
ing in cafe of the choice of m..jor-general, who fliall be 
allowed thirty days after he fhall be notified by th^ 
Secretary of the commonwealth) fignify his acceptance 
thereof. Ihall be confidered as declining to ferve, and or- 
ders fiiall be forthwith iflued f )r a new choice. 

8ec. y. Be it further enaaed, I hat every officer, commiffioned 
duly commiffioned in purfuance of the provifions of this officers to be 
^a, ihali, before he enters upon the difcharge of the duties ""d^"^"^*"- 
of iiis office, take and fuDfcribe the following oaths and 
declarations : 

" I, i\T- r|,B , do truly and fincerely acknow- porm. 

ledge, profefs, teftify, and declare, that the Common- 
wealth of Mafliichufetts h^ and of light ought to be a free, 
fovereign, and independent 5tate ; and I do fwear, that I 
will boar true faith and allegiance to the faid .C omnion- 
wealth, and that 1 will defend the fame againft traitorous 
confpiracies, and all holtile attempts whaifoever, and 

that 



i62 MILITIA. March 6, i8i©. 

that I do renounce and aV»jure all allegiance, fubjeftion 
and obedience, to the King, Queen, or Government of 
Great Britain, (as the cafe may be) and every other for- 
eign power whatfoever, and that no foreign prince, perfon, 
prelate, llate, or potentate, hath, or ought to have, any 
jurifdidion, fuperiority, pre-eminence, authority, difpen- 
fing or other power, in any matter, civil, ecclefiaifical, or 
fpiritual, within this Commonwealth, except the authority 
and power, which is or may be veiled by their conftituents 
in the Congrefs of the United States ; and I do further 
teftify and declare, that no man, nor body of men, hath, 
or can have any right, to abfolve or difcharge me, 
from the obligation of this oath, declaration or affirma- 
tion, and that I do make this acknowledgment, profef- 
fion, teitimony, declaration, denial, renunciation, and ab- 
juration, heartily, and truly, according to the common 
meaning and acceptation of the foregoing words without 
any equivocation, mental evafion, or fecret refervation 
whatfoever. So help me God. 

*' I, A B do foleranly fwear and and affirm, 

thatl will, faithfully and impartially,dilcharge and perform 

all thi duties incumbent on me, as according to the 

beft of my abilities and underftanding, agreeably to the 
rules and regulations of the Conftitution, and the laws of 
this Commonwealth. So help me God. 

" 1, A B do fwear that I will fupport the 

Conftitution of the United States.'* 

Which oaths and declarations as aforefaid, each com- 

miffioned officer ffiall take and fubfcribe before fome 

Juftice of the Peace, or before fome general or field. 

officer, who has previoully taken and fubfcribed them 

quaHficadon°to hiii^feif' J^^ndouthe back of every commiffion iffued 

be written on after the firft day of May next, the following form of 

commtflions. Certificate of qualification fhall be printed. 

" This may certify that A B , commiffioned 

as within, on this day of A. D. per- 

fonally appeared, and took and fubfcribed the oaths and 
declarations required by the conftitution and laws of this 
Commonwealth, and a law of the United States, to qual- 
ify him to difcharge the duties of his office. 

Before me '* 

Clerk, how ap- Sec. 8. Be it further enaded. That to every compa- 
poiuted. ^y ^j^^j.^ 0^^lj j^g ^ qXqx^^ who ftiall be one of the ferjeants, 

and 



MILITIA, March 6, 1816. 163. 

and he fhall be appointed by the captain or command- 
in j officer of the company, and on the back of his war- 
rant as ferj,eant, the captain or com landing officer of the 
company, fhall in writing certify, that he does thereby 
appoint hiin to be. clerk of the company. And before 
fuch clerk enters upon the duties of his clerkfhip, he 
fhall be fworn to the faithful difcharge of his duty, by 
taking the followina^ oath before the captain, or com- 
manding officer of the company to which he belongs, 
who is hereby authorized to adminifter the fame, viz. 

" I, A. B. do folemnly fwear, that I will faithfully and cierVs oath, 
impartially do and perform all the duties incumbent on 
me, as clerk of the company to which I belong, accord- 
ing to the bed of my abilities and underftanding. So help 
me God.** 

And the captain or commanding officer of the compa- 
ny (hall, at the time of his adminiftering faid oath, certify 
on the back of the warrant of the ferjeant appointed to 
be clerk, that he was duly qualified, by taking the oath 
required by law. And it fhall be the duty of the clerk to His power and 
keep a fair and exad roll of the company, together with ^^^y- 
the ftate of the arms and equipments, belonging to each 
man, which roll he fhall annually revife, in the month of 
May, and correct the fame, from time to time, as the 
ftate of, and alterations in, the company may require ; to 
regifler all orders and proceedings of the company, in the 
orderly book ; to keep exad; details of all drafts and de- 
tachments ; toaffill the commanding officer of the com- 
pany, in the enrolment thereof, and alfo in enroll- 
ing all fuch perfons without partiality or favour, liable 
to any military duty, coming to live within his compa- 
ny bounds, as he may from time to time be informed 
thereof ; to diflribute all company orders and notifica- 
tions, which he may be required to do ; to examime the 
equipments of the men, when ordered ; to note all de- 
linquencies, to fue for and recover all fines and forfeit- 
ures, which are required by this ad, to be fued for, and 
recovered by him ; to keep accounts in the orderly book 
of ail fines and fofeitures, and all other monies, collecied 
by him, with the perfons* names, of whom they were col- 
lected, and of the times when, and for what offence,neglecl, 
default or deficiency ; which book (hall not be alien. ted 
from the company, and fhall always be open to the infpec- 
tion of any officer of the company. SsCr 



1 64 MILITIA. March 6, 1810. 

Every officer Sec. 9. Be it further cnafted^ That every officer, non- 
k"'i^h7Tif^° commiflioned officer and private of infantry, light infan- 
conhantiy arm- try, cavalry, artillery, grenadiers and riflemen, ffiali con- 
^**- ftantly i^eep himfelf furnifhed and provided with the arms 

and equipments required by the laws of the I'mted 
States before recited, except fuch private as fliall not be 
able fo to provide himfelf. And no private ftiall be 
' confidered unable to provide himfelf with the arms and 
equipments required as aforefaid, unlefs he ihail produce, 
after the firft day of April and before the firft i'uefday in 
May annually, to the commanding officer of the company 
to which he belongs, a certificate of fuch inability, from 
the overfeers of the poor, of the town or diilri^t where he 
refides. And the commanding officer of the company to 
which fuch private belongs, fhall forthwith lay fuch certifi- 
cate before the felectmen of '^he town or diitrict where fuch 
Sl'^r/urnina P^vate refides. And it (hall be the duty of mch leleft- 
arms in certain men, forthwith, at the expenfe of their refpeclive towns 
cafes. Qj. (jif^j-i^s, to provide for every fuch private, the arms and 

equipments required as aforefaid, and they fhall depofite 
the lame in fome fafe and convenient place, and {hall per- 
mit the commanding officer of the company, to which 
fuch private, unable to provide himfelf as aforefaid, be- 
longs, to deiiver fuch arms and equipments to fuch pri- 
vate, whenever his company fliall be ordered out for any 
military duty. And the laid commanding officer fhall be 
refponfible for the fafe return of fuch arms and equip- 
ments to the place of depofite. 
Uniform drefs. Sec. io. Be it further e77aded, 1 hat the uniform of 
the militia, except of companies of artillery, light infan- 
try, cavalry, grenadiers, and riflemen, raifedby voluntary 
enlifliment, whole uniforms are regulated by the laws of 
the united States, before recited, fhall be a dark blue 
cloth coat, with fuch facings and trimmings, and fuch 
hat or cap, waiftcoat and pantaloons of fuch colour and 
fafhion, with half boots, or half gaitres, as a majority of 
the field officers of each regiment fhall dired for fuch 
regiment. 

Sec. II. Be it further enabled, Ihat every officer, 

from°auach-^^ Hon-commiffioncd officer, and private fhall hold his uni- 

ment. fomi exempted from all fuits,' diftreffes, executions or 

faies for debt, or the payment of taxes. And no officer, 

non-commiffioned officer, nor private fhail be arreffed on 

any 



MILITIA. March 6, 1810. 165 

any civil procefs, during his going unto, returning from. No perfon caa 
or his performance of military duty ; nor durin.^ his go- jeb'rwllle o^n 
ing unto, remaining at, Or returning from any place, at duty', 
which he may be ordered to meet for the election of any 
officer or officers. And no officer fhdll be arrefted on 
any civil procefs while going unto, ferving upon, or re- 
turning from any court martial, court of enquiry, or 
board of officers, upon which it may be the duty of fuch 
officer to attend. 

bEC. 12. Be it further enaded. That the day of the 1^?^!^ of Com- 

r-,. r rr niii rr \ miflions deter- 

appointment or election 01 any oiiicer Ihall be expreiled mined, 
iii his commiffion, and fuch day (hall be confiJered as the 
date ot his commiffion. And whenever an officer is trans- 
ferred from one corps or ftation to another in the fame 
grade, the day of the Jate of his original appointment or 
election ffiall be expreiled in his new commiffion, and that 
day be confidered the date of his comtniffion. And when 
an officer ffiall, by fire or other cafualty, lofe his commif- 
fion, upon his making an affidavit thereof, before any 
judge or jultice of any court ot record, in the county 
where he refivles, on fuch affidavit being produced at the 
Adjutant-Generars office, he fhall be entitled to receive a 
new commiffion, of the fame tenor and date as the one fo 
loft as aforcfaid. And all officers when on duty fhail take 
rank by the dates of their commiffions as above defined. 
And when two or more offi ers of the fame grade are on 
dury together, and their commiffions bear an equal date, 
and former preteufions of fome commiffion do not decide, 
then their relative rank with each other fhdil be determin- 
ed by lot, to be drawn by them before the comaiaiiuiiig 
officer prefcnt, and vvhen on court martial, before the pref- 
ident thereof. 

Sec. 13. Be it further enade J, \ hat whenever the of- in cafe of va- 
fice of rnaior ofeneral, brigadier-general, lieutenant-coIo- fancies of Ma- 
net commandant, major commandant, or or captain, fhall &;c.— 
be vacant, the officer next in grade and in commiffion, in 
the divifion, brigade, regiment, batiahon, or company, 
fliall exercife the commaud, and perform the duties there- 
of, until the vacancy fhall be fupplied. And in cafe of vacancy of 
the ficknefs, abfence, or other iuaDility of the clerk of commiffion^u"" 
any company, the commanding officer thereof is hereby officers—. 
authorized to appoint a clerk pro tempore, who ffiall be 
duly fworn, and fhall for the time being have all the pow- 
X ers. 



j66 MILITfA. Miinb 6, i9io. 

ers, and be fubjeft to all the duties, and be liable to a!I 
the penalties of the clerk, in whofe place he is put. And 
whenever a company Ihall have neither officers nor non- 
com miffioned officers, the commanding officer of the reg- 
iment or battalion, to which fuch company belongs, fhall 
appoint fuitable perfons within faid company to be non- 
commiffioned officers of the fame, and grant them war- 
rants accordingly, one of which non-commiffioned of- 
ficers he fliall appoint clerk, and fhall endorfe the war- 
rant of the non-commiffioned officer, appointed clerk, 
and adminifter the oath to him, as required by the com- 
manding officers of companies, in the eighth feftion of 
this adl, and the fenior non-commiffioned officer of a 
company, while there are no commiffioned officers in of- 
fice, fhall command the fame ; and all the authorities 
and powers of commanding officer fhall be vefled in him, 
until fome commiffioned officer is chofen or appointed, 
and has qualified himfelf. Provided however^ that whea 
a company, deftitute of commiffioned officers, fhall par- 
ade with other troops, the commanding officer prefent 
fhall affign fome commiffioned officer or officers to fuch 
deftitute company, to command the fame while on par- 
ade. 
Artillery, hew Sec. 1 4. Be it further enabled. That in each brig- 
TuTTed ^"'^ ^^^' "where there are now or may hereafter be two com- 
panies of artillery, they fhall form a battalion, and be en- 
titled to a major, an adjutant, and a quarter-mafler ; 
that in each brigade, where there are now, or fhall here- 
after be three companies of artillery, they fhall flill form 
one battalion ; and that in each brigade, where there 
are now, or may hereafter be four companies of artillerv", 
they fhall form a regiment of two L»attalions, and be en- 
titled to a lieutenant-colonel commandant. And each 
company of artillery fhall be provided by the quarter- 
mafler-general with two good brafs field pieces, of fuch 
calibre as the Commander in Chief may dire£l, with 
carriages and apparatus complete ; an ammunition cart, 
forty round fhot, and forty rounds of cannifler fhot ; 
alfo tumbrils, harnefs, implements, laboratory, and ord- 
nance flores, which may from time to time be neceffary 
for their complete equipment for the field. And the 
Commander in Chief fhall order to be iffued, to each 
company ot artillery annually, a quantity of powder, n.ot 

exceeding 



MILITIA. March 6, 2'$io. 1^7 

exceeding one hundred pounds, which fhall be expended on, 
days of infpeclionor review, and in experim-ntiil gunnery. 
And the commanding officer of everycompany oi artillery 
fhall be accountable for the careful prefervation of the 
pieces, and all the apparatus aforefaid appertaining to 
their equipment, and for the proper expenditure of the am- 
munition fupplied by the government. And the com- 
manding officer of every company of artillery ffiall lay 
before the committee on accounts for allowance, his ac- 
counts of money adually expended in providing horfes 
to draw the field pieces and tumbril of his company : Fro- 
vided however, No allowance fhall be made, unlefs fuch 
company is ordered to appear at a battahon, regimental, 
brigade, or divifion infpedion, or review, or to march 
out of the town in which the gun houfe of fuch company 
is fituated, or unlefs fuch company is ordered on duty by 
the Commander in Chief. And each commanding officer 
of a company of artillery is hereby authorized to enlift 
three men to ferve as drivers, v/ho, when enlifted, fhall be 
exempted from other military duty. 

Sec. 15. Be it further enaded. That where there ^re c=fTrairy, how 
now, or may hereafter be, two companies of cavalry in officered an<j €r 
a brigade, they fhall form a battahon, and be entitled *i"'pp^'^ 
to a major, an adjutant, and a quarter-mafter. And in 
thofe brigades where there are now, or may hereafter be, 
three companies of cavalry, they fhall ftill form a battal- 
ion ; and in each brigade, where there now or may here- 
after be four companies of cavalry, they fhall form a regi- 
ment of two battalions, and be entitled to a lieutenant 
colonel commandant. And if any noncommiffioned of- 
ficer or private of any company of cavalry fhall be defli- 
tute of a fuitable horfe rnd furniture for more than two 
months, at one time, it Ihall be the duty of the command- 
ing officer of the company immediately to apply to the 
brigadier-general of the brigade, whofe duty it fhall beforth- 
withto difcharge fuch non-commiffioned officer or private 
from fuch company, and caufe him to be enrolled in the 
(landing company within whofe bounds he refides, and if 
he be a non-commiffioned officer, he fhall be confideied 
as reduced to the ranks. And when any draft or detach- 
ment fhall be made from any company of cavalry for ac- 
tual fervice, the men drafted or detached fhall march 
with their own horfes, and before they march, if there 

be 



i68 MILITIA. March 6, i8i©. 

be time, the horfes fhall be appraifed by three impartial 
men, to be appointed by the commanding officer of the 
brigade, to which the company belongs, from which the 
draft or detachment is ordered, 
No flanding Sec. \6. Be it further enabled ^ That no company of 
be"i-educed"'b- cavalry, artillery, light infantry, grenadiers, or riflemen 
the eniiftment fliall be laifcd at large when any of the (landing compa- 
of cavalry, &c. j^j^g fhaJl thereby be reduced to a lefs number than fixty 
four privates ; and no officer of cavalry, artillery, light 
infantry, grenadiers, or riflemen, fhall enlift any men be- 
longing to a ftanding company, for the purpofe of form- 
ing or recruiting his company, when, by means there(T, 
fuch (landing company would be reduced to a lefs num- 
ber than fixty-fcur privates ; and if ai>y company, raifed 
at large, fhall at at y time be deflitute of commiflioned of- 
ficers, and fhall negletl to fill the vacancies for two months 
after being ordered to choofe officers to fill thenv, or if 
any fuch company fhall be reduced to a lefs number than 
twenty privates, and remain fo for three months, then in 
either cafe as aforefaid, fuch company fhall be difbanded, 
and the men which belonged to fuch delinquent company 
fhall be enrolled in the Handing company within the 
bounds of which they refpeclively refide. And all com- 
panies, raifed at large, and not annexed to any particu- 
lar regiment, fhvll be fubjedt to the orders of the com- 
manding officer of the brigade in which they have been 
raifed ; and fliall make their eledions of officers in the 
fame manner as other companies, but fhall make their 
returns of elections to the commanding officer of the brig- 
ade. i\nd at all parades of regiments, the companies 
commanded by the tv^o fenior captains fhall aft as light 
infantry companies, except where companies of light in- 
fantry, grenadiers, or riflemen, have been or may be 
hereafter railed and annexed to the regiment. 
jgrigadJer-Gen- c^^^^^ j^^ ^^ jf fif^fher enoBcd. 1 hat each brisradier-een- 

eral may enlift i i_ i i • i -r j t i 'i 

and organize a eral be, and he hereby isauincriicd toraiie by voluntary en- 
bandofMufick. Hflment, and to organife andtiiablifh within his brigade, 
a band of mufick, not to exceed twenty-four mulicians, 
including onemafter and two deputy mailers ; and each 
brigadier-general may, at his difcretion, divide fuch band 
"into feclions, not exceeding three, and eltablifh them in 
fuch parts of his brigade, as in his opinion may moil con- 
duce to the good of the fervice j and the brigadier-gene- 
ral 



MILITIA. March 6, 1810, 169 

ral fhall grant the muficians, deputy mafters, and mafter 
oi the band, warrants as luch, and each baud fhall be un- 
der the diretlion of the commandinj? oiHcer of the bri^j- 
ade in which it is raifed. And it (liall be the duty of the Duty of Mull- 
m ifter and deputy mailers, to teach, lead, and command '^'""^* 
fuch band, or fedion of a band, and to ifiue aU fuch or- 
ders as they may be by their bri.^aJier-general authorifed 
to, for thofe purpofes. And each mafter, deputy mafter, 
and muficicin fhall conftantly keep himleif provided with 
the unitorin of the band to which he belongs, which uni- 
form is to be preferibed by the brigadier-general ; and 
ftiali ahb keep himfelf conilantly provided with fuch in- 
ftrn.ment or inftruments as may be directed. And if any 
mafter, deputy mafter, or mufician ftiall be guilty of any 
negletl: of duty, difobedience of orders, diforderly, or oth- 
er unmilitary condudt, he ftiall forfeit not lefs than te?i, Pe'^^'y for ne- 
nor more than twenty dollars to the ufe of the Common- 
•weaith, for each oftence, to be fued for by the brigade- 
maj r of the brigade, in an action on the cafe, before any 
Juftice of the Peace in the county where the offender re- 
fides, and no appeal ftiall be allowed to either party ; and 
fuch mafter, deputy mafter, or mufician, ftiall moreover 
be liable to be removed from the band, at the difcretion 
of the brigadier general, and ftiall forthwith be enrolled 
as a private in the ftanding company within the bounds 
of which hereftdes. And each mafter, deputy mafter, 
and muftcian of a band ftiall be exempted fiomall milita- 
ry duty while belonging to the band, excepting fuch as 
ihali be required of him by the brigadier general, even if 
the company from which he enlifted fiiould not be full. 
And it fhall be the duty of every brigade-major, who may 
have recovered any forfeiture from any one belonging to 
the brigade band, to credit the Commonwealth for the 
fame in his account. 

Sec. 18. Be It further enaded. That every command- Every compa- 
ins; offtcer of a company fhall parade his company on the ^^^^ |^^ f^'"*" 
firit Tuefday of May annually, at one of the clock in the Tuefday in 
afternoon, for thepurpofeof infpeclinG:,examininDrand tak- May, and tiiree 

rut.- ru- J other times. 

ing an exatt account or all the equipments or nis men, and 
•for notiut-- all delinquencies of appearance, and deficiencies 
pf equipment, and t;ir cori ectnig his company roll, in or- 
der that a thorough infpedion of each company in the 
Commonwealth may be made. And it ihall be the duty 

of 



•i7«> MILITIA. March 6, 1816. 

of every commanding officer of a company, to parade his 
company by his own order, on three feveral days in the 
year for training, in addition to the company infpeftion 
aforefaid ; and on the three feveral days of training, to 
ufe his beft exertions, in inftruding and perfedting his 
men, in their company exercife and evolutions. And 
whenever the commanding officer of a company fhall or- 
der out his company for infpection or training, or for a- 
ny battahon, regimental, brigade, or divifion infpeftion, 
or review, he fhall iflue his orders to fome one or more 
of the non-com miflio. led officers or privates of his compa- 
ny, requiring him or them, to notify the men belonging 
to his company to appear at the time and place appointed j 
and it fhall be the duty of the non-commiffioned officer 
or officers, private or privates, fo ordered as aforefaid, to 
give notice of the time and place appointed for the parade 
of faid company, to each and every man, he or they fhall 
have been ordered to notify, either by delivering to each 
man in perfon, or by leaving at his ufual place of abode, 
Legal notice to a Written or printed order. And no notice fhall be legal, 
be given there- £qj. ^^^ company infpedion or training, or for any battal- 
ion, regimental, brigade, or divifion infpedion, or review, 
unlefs the fame fhall be given four days at lead previous 
to the time appointed therefor. Provided always, that 
in cafe of invafion, infurreftion, or other emergency, any 
notice, however ihort, fhall be legal and binding. And 
in all cafes the teftimony of the clerk, or any other non- 
commifTioned officer or private, who fhall have received 
orders to notify the whole or any part of the men, of any 
company, to appear at a time and place appointed, for any 
military duty, fliall be conclufive to prove, that due notice 
was given to the party profecuted, unlefs fuch teftimony 
be invalidated by other evidence. And whenever any 
company fhall be paraded, the commanding officer of fuch 
company is hereby authorifed verbally to notify the men 
fo paraded, to appear on fome future day, not exceeding 
thirty days from the time of fuch notification, and fuch 
notice fhall be legal, as it refpedls the men prefent. 
Commanding Sec. 1 9. Be it further enacted^ That every command- 
liSS^t *° h^ir ^"^ officer, when on duty, is hereby authorifed to afcer- 
parade. tain and fix neceffary limits and bounds to his parade, (no 

road in which people ufually travel to be included) with- 
in which no fpedator fhall have a right to enter, without 

liberty 



SULITIA. March 6, 1810. iji 

liberty from fuch commanding officer : and in cafe any 
perfon (hall intrude within the limits of the parade, after 
being once forbidden, he fhall be fubjedt to be confined 
under guard during the time of the parade, or a fhorter 
time, at the difcretion of the commanding officer. 

Sec. 20. And be it further ena8ed, 1 hat any keeper ^°"f^ Keeper* 
of a tavern, boarding houfe, or mafter or miftrefs of any n°amerortheir 
dwelling-houfe who fhall refufe to give information of the boarders to th«- 

^ c r r r !• • I 1 • comraaadins 

name or names or any perlon or perlons relidmg with nim officer. 
or her, liable to military duty, w^hen applied to for that 
purpofe by the commanding officer of the company, with- 
in the bounds of which fuch tavern, boarding houfe, or 
dwelling-houfe is fiuated, or when applied to for that 
purpofe by any perfon ading under the orders of fuch 
commanding officer, or fhall give any falfe information 
upon fuch application, every fuch perfon fo offending 
Ihall forfeit twenty dollars, to be fued for by the clerk of Penaitr- 
the company in an adion on the cafe before any juftice of 
the peace of the county where fuch offender refides. 
AaJ in all cafes of doubt refpefting the age of any perfon 
i'tended to be enrolled, the party queilioned as to his age 
fir ill prove the fame to the fatisfadtion of the enrolling of- 
ficer ; and if any perfon liable to military duty, upon ap- 
plication to him perfonally by the commanding officer of 
the company, within the bounds of which fuch perfon re- 
fides, or upon application, as aforefaid by any perfon act- 
ing under fuch commanding officer, flialL either refufe to 
give his name, or not give his name truly, every fuch per- 
fon, fo offending, fhall forfeit twelve dollars, to be fued 
for in the manner before pointed out in this feftion. 

Sec. 21. Be it further enaBed^ That when any non- Notifying for 

'rr 1 en ' ^ ' n 11 choice of offi< 

Gommifnoned orncer or private in any company, Ihall re- cers. 
ceive orders from the commanding officer of fuch com- 
pany, to notify and warn fuch company, or any part 
thereof, to meet for the purpofe of choofing any officer 
or officers, it fhall be the duty of fuch non-commiflioned, 
officer or private to give every perfon he is fo ordered to 
warn, perfonal notice, or to leave him a writ or printed 
notification at his ufual place of abode, fpecifying the 
time, place, and purpofe of faid meeting ; and no elec- 
tion of a company officer fhall be valid in future, unlets 
a majority of the qualified voters of the company are pre- 
|ent at the election. 

Sfic. 



J72 MILITIA. March 6, i8i©. 

Towns to be Sec 2 2. Be it further enaSled, That every town and 
provijed with jjifi-ri^t, within this commonwealth, (hall provide and 
depofite, and ccnitantly keep provided and depofited in 
fome fuitable and convenient place within faid town or 
diitrid, fixty-four pounds of good gunpowder ; one 
hundred pounds of rnufkct balls, each of the eighteenth 
part of a pound ; one hundred twenty-eight fiint>:, fuita- 
ble for mulkets ; three copper, iron, or tin camp kettles, 
for every fixty-four foldiers enrolled within faid town ot 
diftri6l ; and the fame propoition of the aforefaid arti- 
cles for a greater or lefs number of foldiers enrolled as 
fenalty. aforefaid. And every town or diilricl, v/hich (hall iieg- 

led to keep itfelf conftantly provided with the articles 
aforefaid, and in the proportions aforefaid, fliail forfeit 
and pay to the ufe of the commonwealth, a fum not ex- 
ceeding five hundred dollars, nor lefs than twenty dol- 
lars, according to the nature and degree of the negleft, 
to be recovered by indictment or information in any 
court of competent jurifdiftion. 
To^«^"^P^?- And it ihall be the duty of the brigade-quarter-mafter, 
ade quarter- in the month of September annually, pc-rfonally to ex- 
■aafter. amine, view, and infpe£t the military ftores (to be provided 

-by every town and diflrid as aforefaid) of each town and 
diftridt within his brigade ; and to make out a fchedule 
of all the articles of ftores, with their quality and condi- 
tion, in which he fliall note all defects and deficiences, 
and (hall enter and record the fame in a book to be kept 
by him for that puipofe, and tranfmit a copy of fuch 
fchedule, certified by him, to the office of the adjutant- 
general, on or before the firft day of November annually. 
And it fhall further be the duty of each brigade-quarter- 
mafter to caufe every town or diftricl, within his brigade, 
to be profecuted or prefented, which town or diftrid he 
ihall find upon his infpedion to be deficient, either in the 
quality or quantity of military ftores, required to be pro- 
vided as aft^refaid, or which he fhall find to have neglect- 
ed to make the provifions, or any part thereof required 
as aforefaid. 
Seiedhnen to Slc. 23. Be it further enaded. That the fele£lmen of 
fuppiy powder, evej-y fown and diftri£l fhall fu;)ply, at the expence of fuch 
town or diftricl, or caufe the commanding officer of each 
company within faid town or dilfricf to be fupplied with 
one quarter of a pound of good powder made into blanjs 

cartridge, 



illLlTIA. March 6, 1810. 173 

Cartridges, for each non-commiflioned officer and private 
borne on the company roll of fuch commanding officer, 
whenever fuch commanding officer's company is order- 
ed to parade for review, provided fuch commanding offi- 
cer makes a written application therefor, dating theiiin 
the number of men to be fupplied. 

Sec. 24. Be it further e7iaded. That whenever in cafe '" ^^^^ of lafa- 
of threatened or a6tual invafion, infurredion, or other ~~ 
publick danger or emergency, the militia Oiall be order- 
ed out, or any part thereof fhall be ordered to be detached 
or drafted by the Commander in Chief, any perfon who 
Ihall be ordered out, detached, or drafted, in pursuance 
of and obedience to fuch orders, and being notified 
thereof, and ordered to march to the place of rendezvous, 
and fhall negled: or refufe to obey fuch orders, and fhall 
not within twenty-four hours, after he fhall have beea 
notified as aforefaid, pay a fine of fifty dollars, to the 
commanding officer of the company to which he belongs, 
or procure an able bodied man in his ftead, fuch perfon 
ihall be confidered as a foldier, belonging to the detach- 
ment, and be dealt with accordingly. And all fines 
paid as aforefaid, fhall be appropriated to the hireof mea 
to complete the detachment. And the officers of any 
detachment, ordered to be made as aforefaid, fhall be 
regularly detailed from the rollers, and the non-commif- 
fioned officers and privates by lot, from the company 
rolls : And when any company fhall not be organized, 
the officer commanding the brigade or regiment, fhall 
either by himfelf or fome other under him, proceed to 
make and complete the detachment, from fuch unorgan- 
ized company. And whenever the militia, or any part 
thereof, after having been ordered out or detached as 
aforefaid, fhall be ordered to march for the fervice 
of this State, each non-commilfioned officer and private, 
fo ordered to march, fliall provide and take with him. 
three days provifions, unlefs otherwife ordered. And 
the feledmen of every town and diflriit, to which the 
men detached as aforefaid, and ordered to march for the 
fervice of this Stare, belong, fhall provide and caufe car- 
riages to attend them with further fupplies of provifions, 
and alfo the neceffary campequipage and camputenfils, until 
notice fhall be given them by the commanding officer of the 
, detachment to defid, and the feledmen fhall prefent their 
Y accou.nt>s 



174 MILlTtA. March 6, iSrov 

accounts for fupplie? to the General Court for allowance. 
And whenever the feledimen of any town or diftrift, 
from which a detachment or part thereof as aforefaid 
fhali march, and being notified by the commanding offi- 
cer of fuch detachment or part thereof, belonging to fuch 
town or diftri6l, and fliall negled or refufe to furnifli the 
necefl^iry fupplies, camp equipage, and camp utenfils, the 
tovvnor diftridl to which the feleclmen, neglecting or re- 
fufing a.<, aforefaid, belong, fliall forfeit not lefs than two 
hundred nor more than five hundred dollars, to be fued 
for an<l recovered by any perfon, who may profecute for 
the fame, in an atlion on the cafe, in any court of compe- 
tent jurifdiction, one moiety to the profecutor, and the 
other to the ufe of the commonwealth. And the officer 
to whom, or by whofe order any camp equipage or camp 
utenfils, fhall be delivered, fhall be accountable for the 
fame, unlefs injured or loft by fome accident not in his 
power to prevent. 
All troops to Sec. 25. Be it further ena&cd. That all the troops of 
once^hr'elch ^^^^ divifion fhall be paraded once in each year for re- 
year forreview. view, infpeftion, and difcipliiie, either in brigades, regi- 
ments, or battalions of regiments, (regard being had to 
the fcattered or compad fituation of the troops) at fuch 
times as the commanding officer of the divifions may or- 
der. And when a brigade review or infpedion is order- 
ed, the commanding officer of the brigade fhall appoint 
the place, and give notice thereof to the commanding 
officer of the divifion ; when a regimental review or in- 
fpection is ordered, the commanding officer of the regi- 
ment fhall appoint the place, and give notice thereof to 
the commandint:^ of.icer of the brigade ; and when a re- 
view or infpeftion of a regimental battalion is ordered, 
the commanding officer of the regiment fhall appoint the 
place, and give notice thereof to the commanding officer 
oi the brigade. ..nd the places to be appointed for re- 
views or inipedions as aforefaid, fhall always be as cen- 
tral as, in the judgment of the officer pointing out the 
place, convenience will admit. And the artillery, cav- 
alry, and other troops raifed at large, and not annexed 
to any particular regiment, fhall be reviewed and infped- 
ed once in each year, either by themfelves, or with the 
brigades, regiments, or battalions of regiments, as the 
commanding officer of the refpeclive divifions may order 

and 



MILITIA. March 5, i8iq. 175 

and direct. Provided, that no officer, non commiflioned 
ofricer or private {hall be obliged to march a greater dif- 
tancefrom his homethanfifreeii inilestoaiiy brij^adereview. 

5ec. 26. Be it further enacted^ ')l\\-^X. no officer, non- 
commiffioned officer or private fhail be holden to perform No military pa- 
any military duty on any day (except on days which are eenain^days."" 
or may be fpecially prefcribed by law) on which the lelect- 
men of the town or didrid, in which fuch officer, non- 
commiflioned officer or private refides, (hall appoint a 
meeting for the election of a reprefentative to the gener- 
al court, nor (ball there beany military parade on the day 
pointed out by the conftitution of this commonwe;dth for 
the eleclion of governor, lieutenant-governor and !t-nators, 
nor on any day which may be appointed for the choice 
of electors of prefident and vice prefident of the United 
States, or reprefentatives to congrefs. And it (hall not 
be lawful for any officer to parade his men on either 
of faid days, unlefs in cafe of invafion made or threatened, 
or in obedience to the orders of the commander in 
chief, except as is herein before excepted. 

Sec. 27. Be it further enacted. That each regiment and 
battalion (hall be furnifhed with the ftate and regimental statp and regi- 
colours ; and each company of infantry, attillery, light Drum] *'rifes"' 
infantry, grenadiers, and riflemen fhall be furnifhed with &c. 
a drum and fife, or bugle horn, and each company of cav- 
alry with a trumpet: and each brigadier-general, after 
the firfl day of Auguft next enfuing, is hereby authorized 
to draw orders upon the quarter-mafler-general, in favour 
of the commanding officers of regiments, battalions, and 
companies, for the above purpofes, that the feveral regi- 
ments, battalions, and companies, may be fupplied as 
aforefaid. And the commanding officers of regiments and 
battalions fhall be refponfible for the fafe keeping of their 
colours ; and the commanding officers of companies " 

fhall be refponfible for the fafe keeping of the 
drums, fifes, bu?;!e horns, and trumpets, delivered to 
them for the ufe of their companies. And the adjutant- 
general fhall furnifh blank orders for the commanding 
officers of companies to order their non-commiffioned of- 
ficers and privates to notify their men to attend all the in- 
fpections, trainings, and revit-ws, and meetings for the 
choice of officers, which (hcdl be ordered ; alfo blank no- 
tifications or orders, to be left with the men by the non- 

commiilioned 



1 75 MILITIA. ' March 6, i8i©/ 

commiffioned officers or privates, ordered to notify as 
aforefaidj and it fhall not be neceflary that feals be affix- 
_, , , ed to any orders whatever. 

Parents and ^ n r, • r i n j rr% n 

mafters to e- oEc. 28. Be it jurther enacted. That all parents, maf- 
q«ip minors, ^gj-g qj. guardians, fhall furnifli all minors enrolled in the 
militia, who fhall be under their care refpeftively with the 
arms and equipments, required by this ad: ; and if any 
parent, mafter, or guardian, having any minor under his 
care, enrolled as aforefaid, fhall negleft to provide fuch 
minor with the arms and equipments, required by this 
a£l, he is hereby fubjeded and made liable to the fame for- 
feitures, as fuch minor would be liable to, for a like de- 
ficiency or neglect, if fuch minor were of age : Provided 
however, Ihat fuch parents, mafters, or guardians as fhall 
produce, on or before the firfl Tuefday of May, annually, 
certificates from the overfeers of the poor of the town or 
diftrid in which they refide, of their inability to provide 
arms and equipments as aforefaid, to the commanding of- 
ficer of the company in v/hich the minor under thtir care 
is enrolled, fhall be exempted from the forfeitures aforefaid. 
No perfon ex- Sec- 29. Bc it further ena^ed, 1 hat ro non-commif- 
^'"P.'f'' ^?". '°' fioned officer or private of any company fhall be ex- 
? certificate, cmpted ti om military duty on account oi bodily mnrmi- 
ty, unlefs he fhall (obtain from the furgeon or fur ^^ eon's 
mate of 'he regiment to which he belongs, if either of 
thofe officers are commiffioned in fuch regiments ; if 
not, from fome refpedable phyfician living within the 
bounds of the fame, that he is unable to perform military 
duty on account of bodily infirmity, the nature of which 
infirmity is to be defcribed in faid certificate, and the 
commanding officer of the company may, on the back of 
fuch certificate, difcharge the non-commiffioned officer 
or private, named therein, from performing military du- 
ty, for fuch a term of time as he fhall judge reafonable^, 
not exceeding one year, which certificate, if approved 
and counterfigned by the commanding officer of the reg-. 
iment, or battahon, to which the dilabled non-commif- 
fioned officer or private belongs, fhall entitle him to ex^ 
emption from military duly for the time fpecified^ And 
any non-commiffioned officer or private, having obtained 
a certificate as aforefaid, and who may be refufed a dif-. 
charge, or an approval of a difcharge, as aforefaid, may 
^pply to the commjinding officer of the brigade for a fur* 



lyilLlTIA. March 6, 1810. 177 

ther examination of his cafe, and if, on fuch examina- 
tion, the commanding officer of the brigade fhall be well 
fatisfied that the bodily infirmity of fuch non-commiffion- 
cd officer or private is fuch that he ought to be difcharged, 
he is hereby authorized to difcharge him from military 
duty for fuch time as he fhall judge reafonable, not ex- 
ceeding one year, which being certified by the command- 
ing (ifficer of the brigade on the back of the certificate, 
ihall difcharge the non-commiffioned officer or private 
from mihtary duty, for the time fpecified by the com- 
manding officer of the brigade. 

Sec. 30. Be it further ena^ed. That if any officer. Killed an5 
non-commiffioned officer or private, fhall be killed, or die ^°"°<^*'** 
of wounds received when on any military duty required 
by this ad, his widow, child, or children, fhall receive 
from the general court fuch relief as fhall be juft and rea- 
fonable. And if any officer, non-commiffioned officer, 
or private, fhal] be wounded, or otherwife difabled when 
on fuch duty, he fhall receive from the general court juft 
and reafonable relief. 

Siic. 31. Be it further enaSled, That the commander ^°^"^-^^Ynted 
in chief ffiall appoint general courts martial for the trial of and organized, 
all officers above the rank of captain ; and the major-gen- 
erals, or commanding officers of divifions, each within 
his own divifion, fhall appoint divifion courts-martial for 
the trial of captains and officers under that rank; and 
whenever a court martial is ordered, the officer ordering 
it fhall appoint the prefident and marfhal of the fame ; 
and if it be a general court martial, orders fhall be iffued 
to fuch divifions as, in the opinion of the commander in 
chief, may mofl conveniently furnifh the members there- 
of ; if it be a divifion court martial, orders fhall be iffued 
to fuch brigades, regiments, battalions or companies, 
within the divifion, as in the opinion of the major-general 
or commanding officer of the divifion, may moft conve- 
niently furnifh the members thereof. The prefident of a 
general court martial fhall in no cafe be under the rank 
of brigadier^general, and the prefident of a divifion court 
martial, fhall in no cafe be under the rank of lieutenant 
colonel commandant. And whenever the commanding 
officer of a divifion, brigade, regiment, or battalion, fhall 
be ordered to furnifh any officer or officers, as mem- 
\>QX or members, fupernumerarj, or fupernumeiaries of a 

court 



iyt MILITIA. March 6, tSio. 

court martial, fuch officer or officers fhall be regularly 
detailed from the rofter of the divifion, briorade, regiment, 
or battalion by the commanding officers thereof, refpec- 
tively, forthwith, after having received orders therefor as 
aforefaid : Provided however, 1 hat in cafe of inability, 
ficknefs, or abfence of any officer, whofe turn it wouid 
be to ferve on a court martial, the detailing officer fhall 
certify fuch circumftance to the officer who ordered the 
court martial, and detail the officer next in rotation. And 
the officers, ordered to be detailed to ferve on courts 
martial, fhall be detailed in the following manner. Ma- 
jor-generals, by the commander in chief, or his orders, 
from the general roiter ; brigadier-generals, by the com- 
manding officers of divinons, from the divifion rollers : 
lieuteTiant-col6nels and majors by the commanding offi- 
cers of brigades, from the brigade rollers ; and captains 
and fubalterns by the commanding officers of re.Jments 
or battalions, from the regimental or l-attalion rollers, as 
the cafe may be. /All courts martial fhall be conitituted 
of a prefident, a judge advocate, twelve members, and a 
marlhal. r^nd the officer appc)inring a court martial, may, 
at his difcretion, order a number of officers, not exceed- 
ing fix, to be detailed as fupernumeraries, in addition to 
the twelve intended to ferve as members, to attend the 
court at the organization thereof; and in ca'e there 
fhould beany vacancy or vacancies, the judgeadvocate (liall 
fill fuch vacancy or vacancies, from the fupernumeraiies, 
beginning with the highefl in grade, and proceeding in 
regular rotation. All officers on a court martial fhall 
take rank by feniority of commiffion, without regard to 
Members to be corps. Before any court martial fhall proceed to the tri- 
fworn. gj of any officer, the judge advocate fhall adminifler to 

the prefident and each of the members, fingly, the fol- 
lowing oath : 
Oath. 2^ou, A. B. dojzvear, that without partiality, favour, af- 

fection'^"''p'rejudice, or hope of reward, you will well and tru- 
ly try thj.caufe now before you, between this Commonwealth 
and thefcrfon or' perfons, if more than one is accufed in 
the fame complaint." tobe tried ; and you do further fwcar^ 
that you will not divulge the fentence of this court martial, 
umil itjhall be approved or dif approved of, and that you will 
not, on any account, at any time whnterer, dif cover the vote 
or opinion of any meinbt;r, unlefs rec[uir,.dto give evidence 

thereof 



MILIT14. March 6, 1810. 179 

thereof, as a zuitnefs, by a court ofjuftice, in ^ due courfe of 
law. So help you GOD. 

And the prefident fhall admlnifter to the judge advo- Judge Advo- 
cate the following oath : ^ \^l^^° ^' 

Tou, A. B. doftvear, that you will faithfully and impar- Oath. 
iially dif charge your duties as judge-advocate on this occafion, 
as well to the commonwealth, as to the accufed, and that you 
wid not J on any account, at any time whatever, divulge the 
'vote or opinion of any member of this court martial, unlefs 
required to give evidence thereof, as a witnefs, by a court of 
jujiice, in a due courfe of law. So help you GOD. 

All perfons (hall be holden to appear and give evi- witneffes hoid- 

, 1 r • 1 t. -L r en to appear as 

dence, berore any court mariial, when thereto lummon- in other coum, 
ed by the judge-advocate, or a juflice of the peace, under ^"^ penalty. 
the fame penalties for negledt, as are by law provided 
againfi: witnsfles who negled to appear when fu;nmoned 
to give evidence in criminal profecutions. All witnefTes ' 

fliall be fworn or affirmed by the judge-advocate before 
they give their evidence to the court, and the form, 
of the oath or affirmation to a witnefs fhall be as fol- 
lows : 

Tou A. B. do f wear (or affirm, as the cafe may be) that Their oath. 
fhe evidence you sfiall give, in the caufe now in hearings 
fhall be the truth, the whole truth, and nothing but the truth. 
So help you GOD. (or, this you do under the pains and 
penalties of perjury, in cafe the witnefs fhall affirm.) 

When any member of a court martial is challenged, in cafe of chal- 
either on the part of the government, or the accufed, the ^^"S"— 
caufe of the challenge muil be it ated in writing, of which 
the court, after due deliberation, fliall determine the 
relevancy or validity, and decide accordingly. And no 
challenge to more than one member at a time, fhall be 
received by he court. On queftions of challenge, the 
member objected to fliall not vote, but the prefident may 
vote with the members, that the number of votes may re- 
main twelve. And in no cafe fhalt a challengebeadledupon, 
until the prefident, and judge-advocate, and the intend- 
ed members are fworn. All trials by courts-martial fhall Trials, how 
be carried on in the day time, and when the votes are conduced. 
called for, on a queftion, the judge-advocate fliall begin 
with the youngefl in commiinon, and proceed regularly 
to the oldeft. And at all courts-mardal, unlefs two 
thirds of the members agree that the accufed is guilty, 

the 



lie MILITIA. Marc^m^*i9i6i 

the judge-advocate fhall record his acquital ; but if twa 
thirds, or more, pronounce the accufed to be guilty, the 
court fhall fentence him either to be reprimanded in or- 
ders, or removed from office ; and if any officer be fen- 
tenced to be removed from office, the court fhall adjudge 
him to be difqualified for, and incapable of, holding any 
military office under this Commonwealth, either for life 
or term of years, according to the aggravation of his of- 
fence : which fentence, either of reprimand in orders, or 
removal from office, if approved, fhall remain in full force ; 
but the judgment of difqualifieation may be reverfed by 
the commander in chief, with advice of council. And all 
courts martial are hereby authorifed to preferve order 
during their feffion ; and if any perfon or perfons, in 
prefence of a court martial, fliall behave in a diforderly 
manner, or make any tumult in, or diflurb a court mar- 
tial, and fhall not upon command of the marfhal thereof, 
defifl therefrom, it fhall be lawful for the court martial 
to confine fuch diforderly perfon or perfons for a time 
not exceeding eight hours. 
Boards of offi. Sec. 32. Be it further euaded. That the commander 
cenand Courts jj^ chief may Call boards of officers, whenever in his o- 
howinftituted piuiou they may be neceffary, for fettling military quef- 
and organized, tions, or for Other purpofes relative to good order and 
difcipline. And the commander in chief, or the 
major-generals, or commanding officers of divifions, 
each within his own divifion, may order courts of inqui- 
ry, to examine into the nature of any tranfadion, or any 
' accufation, or imputation againfl any officer, when made 

by an inferior. Provided however, Ihat courts of in- 
quiry on all officers above the rank of captain are to be 
ordered by the commander in chief ; and courts of in- 
quiry on captains and other officers under that rank are 
to be ordered by the major-generals or commanding of- 
ficers of divifions. And courts of inquiry fhall always 
confift of three officers, with the judge-advocate of the 
divifion in which they are holden, or fome other fuitable 
perfon, in cafe of his inability to attend, or any legal im- 
pediment to his ading, all of whom fhall be fworn. 1 hefe 
courts fhall have the fame power to fummon witnefTes as 
courts martial, and to examine them on oath ; but they 
fhall not give their opinions on the merits of the cafe, un- 
lefs they are fpecially required fo to do. The parries 

(hall 




SALEM ATHENJB^^Mr March 6, 1810. i 

fliall alfo be permitted to crofs-examine and interrogate 

the witneffes fo as fairly to invefligate the circumftances 

in queflion. The proceedings of a court of inquiry are 

to be authenticated by the fignatures of the prefident and 

judge-advocate, and are to be tranfmitted by the judge 

advocate, under feal, to the officer who appointed the 

court. The judge- advocate fhal adrninifter to each of To be fwom 

the officers compofing a court of inquiry the foilowing 

oath : 

Tou, A B. do [wear that you ivill well and truly exam- Oath, 
inc and inquire into the matter noio before you^ ivithout par- 
tiality, favour,' affedion^ prejudice, or hope of reward. So 
help you GOD. 

After which the prefident fli.tll adminiiler to the judge- 
advocate the following oath : 

2"ou, A. B. do [wear, that you will imp artialh record the J"«^ffeAdvo» 

.. r 1 It • 1 7- • 7 catesoath. 

proceedings oj the court, and the evidence to be given in the 
cafe in hearing. So help you GOD. 

The judge-advocate fhall adrninifter to the witneiTes wJtneflesto 
the fame oath or affirmation, as the cafe may be, as is 
prefcribed in the thirty-firft feclion of this a6t, to be ad- 
miniftered to witneffes before a court martial. And as 
courts of inquiry, when not properly regulated, may be 
preverted to improper purpofes, all other courts of inqui- 
ry than thofe above provided for are prohibited. 

Sec 33. Be it further enaded. That it lliall be the Duty of th^ 
duty of the judge-advocates to attend all general and di- l"^^^^^ ^^'''^' 
vifion courts martial, and all courts of inquiry, within 
the divifions in which they are reAjedlively commiffion- 
ed, when thereto ordered. Provided neverthelefs. That it 
fhall be in the power of the commander in chief, or 
the major-generals, or commanding officers of divifions, 
to appoint a judge-advocate, pro tempore, to any par- 
ticular court martial, or to any particular court of in- 
quiry, appointed to be holJen, in cafe of inability of 
the divifion judge-advocate, or in cafe of any legal im- 
pediment to his acting. And it fiiall further be the duty 
of each judge-advocate, or perfon officiating as fuchj 
at any court martial, impartially to ftate the evidence 
both for and againil the officer or officers under trial ; 
to take acurate minutes of the evidence, and of the pro- 
ceedings of the court, all of which, with the judgment of 
the court thereupon, authenticated by his fignature, and 
Z ^ that 



83; nI^IILITIA. March 6, i.Sio. 

that of the prefident of the court, \vith the papers ufed 
at the trial, or copies thereof, certified by him, ht fhall 
tianfmit under feal to the < fri».er. whofe duty it is to ap- 
prove cr diliippiove of (uch judgnunt and proceedings : 
and all motions and objtdions to evidei ce, whether on 
the part of the con ni r.wtakh or the accufcd, and the 
opinions of the judge-advocatts on qutiiion> of law made 
at the trial, Ihall be given in writing : and the (tatement 
of the complainant, and the defence of the accuied, 
fhall be made in writing, in older that a full view ot the 
trial may be had by the officer who ordeied the court. 
And the original records of the proceedings and judg- 
ment of all general and divifion courts martial, after hav- 
ing received the approbation or diiapprobation of the of- 
ficer who appointed them, (hall, as foon as opportunity 
of time and diilance \\ ill admit, after fuch c(iurts mar- 
tial are diflblved, be depofited in the office of the fecreta- 
ry of {late, where they fhall be carefully kept and 
preierved ; and the officer who appointed a court mar- 
tial Ihall be entitK d to receive, upon his demand, a copy 
ot the original record from faid office, certified by faid 
fecretary. .-^nd the party tried by any general or divi- 
fion court martial, upon requeft made at the office of the 
fecretary of (late, by himfelf, or any perfon authorifed in 
his oehalf, fliall be entitled to a copy of the original rec- 
ord, certified as aforefaid, of the proceedings and judg- 
ment of the court martial which tried him, he paying 
reaionably therefor, 
uies for the I^EC. 34. Be U further enabled. That the following 
nernraent ot fhall bc the Tulcs and atticles by which the militia of 
hcii "not*' in ^his commonwealth fliall be governed, when not ia 
^vui iervicc. actual fervics. 

A' tide I. Every commiffioned officer, who fhall be 
guilty of any uamilitary conduct, negled of duty, or 
dilobeoience of orders, or who fhall, when on duty, ap- 
pear or behave hinifelf in an unofficer-like manner, or 
who fliall wjliully opprefs or injure any under his com- 
mand, or who fhal! at any time fet on foot, or join in 
ary i omnination to refifl or evade the lawful orders of 
any to nmiffioned officer, Ihall be liable to be tried by a 
court martial. 

Article 2. If any officer ffiall in due courfe of law be 
convicted ot any iniamou;> crime, he fhall be forthwith 

put 



miWnh. March 6, 1810. 

put in arreH-, and deprived of all military command, un- 
til an opportuaity (hall be had for both houfes of the le- 
giflature to adJrefs the ^overnour for his removal. 

Jrfic/e 3. Every officer, to be tried by a court mar- 
tial, fhall be pet in arreft, fo as to be fufpended from the 
exercife of his office, and fhall ha-e a copy of the charges 
exhibited ao^ainft him, and notice of the time and place 
appointed for his trial, which copy and notice fhali be 
given ten days at lead before his trial is comm.enced. 

Article 4. In cafe any officer, for the trial of w hom a 
court martial is appointed, fhall ne={lect to appear and 
make defence, or if appearing fhall afterwards with- 
draw in contempt of the court, or being arrais^ned be- 
fore a court martial, fhall from obftinacy or deliberate 
defign fland mute, or anfwer foreign to the purpofe, 
the court may proceed to trial and judgment as if he had 
regularly pleaded not guilty. 

Article 5. If any officer, after having been put in ar- 
reft, fhall prefume to exercife any military command, un- 
til he is difcharged from his arreft, he fhall be liable to 
be tried by a court martial, and if convicted, he fhall be 
removed from office. 

Article 6. No officer (hall be tried by a court martial 
for any offence which fhall have been committed more 
than one year, previous to the time when a complaint 
Ihall havti been made in writing therefor, unlefs he. by 
reafon of having abfented himfelf, or fome other manifeft 
impediment, fhall not have been amenable to juftice with- 
in that period. 

Article 7. Every captain or commanding officer who 
fhall either negleel or refufe to call out his company as of- 
ten as, and at the times required by this act, or at any oth- 
er time, when thereto required by his fuperiour officer, 
or who fhall at any time excufe any under his command 
for unnecelTary abfence or deficiency, fhall be liable to 
be tried by court martial. 

Article 8. No officer fhall be permitted to refign while 
under arreft. And no refignation of any officer fhall be 
approved, if fuch refignation be offered between the firft 
day of May and the firft day of November, unlefs the 
rcdfbns offered by the officer wifhing to refign within 
thofe days, be very urgent. 

Article^ 



344 SALE OF LANDS, Feb. ^11, 1811. 

town of Ware, in the county of Hampshire ; and for this 
purpose shall have all the powers and privileges, and be 
Powers and subject to all the duties and requirements contained in an act 
duties. pasrsed the third day of March, in the year of our Lord 
one thousand eight hundred anei nine, entitled " An act 
defining the general powers and duties of manufacturing 
corporations." 

Sec. 2. Be it further enacted^ That said company may 

be lawfully seized and possessed of such real estate within 

the town of Ware, not exceeding the value of eighty 

of prop^erty thousand dollars, and such personal estate not exceeding 

allowed. the valuc of fifty thousand dollars, as may be necessary 

' and convenient for carrying on the business of exploring, 

digging and working any ore, minerals, metals, or fossils, 

in the town of Ware. 

[This act passed February 27, ISll.j 



CHAP. XCVIL 

An Act to authorize the sale of the lands reserved in the 
town of Bethel, for the use of Schools and the Ministry,, 
and for other purposes. 

Sec. 1. JljE zV enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Samuel Barker, Peregrine 
Bartlett, Timothy Carter, John liolt, Asa Kimbal, Eli 
co^orated?* T witchcl, and Peter York, be, and they are hereby appointed 
and incorporated, by the name of The Trustees of the 
Bethel School and Ministry Fund ; and by that, name, 
they and their successors in the said office, shall be and 
continue a body politick and corporate forever; and they shall 
have a common seal, subject to alteration, and they may 
sue and be sued in all actions, real, personal or mixed, and 
prosecute and defend the same to final judgment and exe- 
cution, by the name aforesaid : and the said Trustees and 
their successors, may annually elect one of their number 
officers to as President, and also a Clerk to record the doings of the 
be elected, g^j^j Trustccs, and a Treasurer to receive and pay the 
monies, according to the provisions of this act, and also 
any other officers which may be necessary for the better 



SALE OF LANDS. Feb. 27, 18 IL 345 

management and improvement of the said fund : and the 
Treasurer of the said fund shall give bond to the said 
Trustees for the faithful performance of his duty, and shall 
be at all times responsible for the faithful application of the 
monies which may come into his hands, conformably to 
the true intent and meaning of this act, and for all neglect 
or misconduct of any kind in his office. 

Sec 2. Be it further enacted^ That the said Trustees 
be, and they are hereby authorized and empowered to. sell 
and convey the lands which were origmally reserved in Trustees a^i- 
the grant of the said township, for the use of Schools and thorized to 
the Ministry in said town ; and the monies arising from ^^^ °^ *^°"" 
the sale of the said lands shall be put on interest, and form 
a fund for the support of schools and the ministr}'- in the 
said town, and which shall be under the care and manage- 
ment of the Trustees aforesaid, in the m.anner provided 
for and directed in this act. And all donations, grants, 
bequests or legacies, which have been or may be hereafter 
made to the same use and purpose, shall be added to the 
said accumulating fund, and be under the same care and 
management of the Trustees aforesaid. And when the 
said Trustees do loan the said monies, or any part thereof, • f , 
the same shall be secured by mortgage on real estate to iTfo*nles^ 
the full value of the estate or land sold, or money loaned, loaned. 
or by two or more sufficient sureties, with the principal, 
unless the said Trustees shall think it best to invest the 
said proceeds in publick funded securities, or in bank 
stock, which they shall have authority to do. And the 
interest, and that only, shall be annually appropriated for 
the uses aforesaid ; and it shall never be in the power of 
the said Trustees to alter or alienate the appropriations of 
the said fund. And the deed or deeds which the said 
Trustees may make in their said capacity, when duly exe- 
cuted and subscribed, acknowledged and delivered by the 
Treasurer, under the direction of the Trustees, shall be 
valid and effectual in law, to pass and convey the fee simple 
title from the town to the purchaser. 

Sec. 3. Be it further enacted^ That the said Trustees, 
Treasurer, or other officers shall be entitled to receive no 
compensation for the services they may perform, from any officers pa' 
monies belonging to the said fund, but a reasonable com- 
pensation may be made them by the town, and the said 
Trustees, and each of them shall be responsible to the 



346 



METHODIST SOCIETY. 



Feb. 27,1811. 



town for their personable negligence or misconduct, 
whether they be officers or not, and liable to prosecution 
for any loss or damage resulting therefrom to the fund, 
and the debt or damage recovered in such suit, shall be to 
the use and disposal of the town. And the said Trustees 
and Treasurer, and their successors in office, shall exhibit 
to the town a report of their doings, and the state of the 
fund, at the annual meeting in March of April. 

Sec. 4. Be it further enacted^ That any Justice of the 
Jiisticetols-I^^^ce for the County of Oxford, is hereby authorized to 
sue Warrant, issue a warrant, directed to one of the Trustees named in 
this act, requiring him to notify and call a meeting of the 
said Trustees, at such convenient time and place as may 
be appointed in said warrant, to organize the said corpora- 
tion by the election of its officers. 

[This act passed February 27, 1811.] 



CHAP. XCVIII. 



Persons in- 
scrDorated. 



Proviso. 



An Act to incorporate a number of the inhabitants of the 
town of Winthrop, into a religious society, by the name 
of The Methodist Society in the town of Winthrop. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, I'hat Nathaniel Bishop, Thomas 
Jiu obs, Benjamin Fairbanks, Rial Stanley, Asa Robbins, 
Eleazer Robbins, Otis Foster, Daniel Foster, Nathan F. 
Cobb, Ain-fd Chandler, Daniel Marrow, Timothy Foster, 
Enos Fairbanks, David Fairbanks, Benjamin Fairbanks, 
jun. Jonas Allen, and Elizabeth Lake, together v»'irh such 
others as already have associated or nuiy hereafter associate 
with them and their successors, be, and they are hereby 
incorporated into a separate religious society, by the name 
of The Methodist Society in Winthrop, with ail the powers 
and privileges, and subject to the same d is ties with other 
religious societies, according to the Constitution and Laws 
of this Commonwealth. Provuled however, that all such 
j)ersons shall be holden to pay their respective proportions 
of all monies legally assessed for parochial purposes, in 
the parish or religious society to which he or she formerly 
belonged. 



METHODIST SOCIETY. Feb,27,\Sn, 347 

Sec. 2. Be it further enacted^ That any person belong- 
ing to any other rehgious society in said town of Winthrop, 
who may desire to join with the said Methodist Society, Method of 
shall declare such intention, in writing, delivered to the ^^^^^^^ ^^^ 
minister or clerk thereof, and also a copy of the same, 
delivered to the town clerk, or to the clerk of such other 
society (as the case may require) ; and if such person do 
produce a certificate, signed by the minister, deacon, or 
clerk of the said Methodist Society, that he or she has 
united with and actually become a member thereof, such 
person shall, from the date of said certificate be considered, 
with his or her polls and estate, as a member of the said 
Methodist Society. 

Sec 3. Be it further enacted^ That when any member 
of said Methodist Society shall see cause to secede there- ,, , , ^ ' 
from, and to unite in religious fellowship with any other le^^ving the 
religious society, shall give notice of such intention, in society, 
writing, to the minister or clerk of the said Methodist 
Society, and deliver a copy of the same to the clerk of the 
town, or to the minister or clerk of such other society (as 
the case may be) fifteen days before the annual meeting, 
and shall produce a certificate of admission, signed by the 
minister, elder, or clerk thereof, such person, with his or 
her polls and estate, shall, from the date of such certificate, 
be considered as a member of the society, with which he 
or she hath so united. Provided however^ that in every Proviso, 
case of secession, every such person shall be holden to pay 
his or her proportion of all parish or society charges and 
assessments, legally assessed and not paid previous to such 
secession. 

Se c . 4. Be it further enacted, That either of the Justices 
of the Peace for the County of Kennebeck, be, and he is 
hereby authorized, upon application therefor, to issue a Justice to is- 
warrant,directed to a member of the said Methodist Society, sue Warrant, 
requiring him to notify and warn the members thereof to 
meet at such convenient time and place as shall be expressed 
in the said warrant, for the choice of such officers, as the 
custonts and rules of the said society do require, and as 
religious societies are by law empowered to choose and 
appoint at their annual parish or society meetings. 

[This act passed jP(e6n/cr^ 27, 1811.] , 



UNIVERSALIST SOCIETY. Feb, 27, 1811. 



CHAP. XCIX. 

An Act in explanation of part of the fourth section of an 
act, entitled An act to authorize George Ulmer to build 
a toll bridge at Lincolnville, in the county of Hancock. 

XjE it enacted by the Senate and House of 
Representatives in General Court asseinbled^ and by the 
authority of the samcy That the persons exempted in the 
said act from paying toll when passing on the common and 
ordinary business of their family concerns, shall be under- 
stood to include and extend only to persons who follow 
some mechanical business, or day labourers in mills, who 
have their usual home or employment in the village con- 
tiguous to the said bridge. 

[This act passed February 27, 1811.] 



CHAP. C. 

An Act to incorporate Moses Hall and others into a reli- 
gious society, by the name of The First Universalist 
Society in Charlestown. 

Sec 1. jDE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That Moses Hall, John Kettell, 
Samuel Townsend, Timothy Thompson, jun. Isaac Smith, 
Samuel Thompson, Andrew Roulstone, Isaac Mead, David 
Smith, Isaac Sweetser, Thomas Harris, Barnabas Edmands, 
Ebenezer F. Freeman, Daniel Manning, Granvil Smith, 
Thomas Edmands, John Tapley, Otis Clap, Josiah Harris, 
Benjamin Adams, Edward Adams, Thomas J. Goodwin, 
James Kimball, Henry Vanvoochies, Hendrick W. Gor- 
don, Jesse Brown, and Benjamin Gleason, together with 
such other persons as may hereafter associate with them, 
be, and thty are hereby incorporated and made a body 
politick and religious society, by the name of The First 
Universalist Society in Charlestown, and by that name 
may sue and be sued, and shall be invested with all the 



UNIVERSALIST SOCIETY. Feb. 27, 1811. S49 

powers and immunities to which other religious societies 
are entitled by the constitution and laws of this Common- 
wealth, for religious purposes only ; and the said society 
shall be capable in law, to purchase and hold estate, real Proviso, 
and personal, provided the annual income thereof shall not 
exceed at any one time the value of three thousand dollars. 

Sec. 2. Be it further enacted^ That the said society 
be, and the}^ are hereby authorized and empowered to 
raise by assessment on the pews which may be made and 
built in any house, that may be hereafter erected by them, 
all such sum or sums of money, for the settlement and Provision 
maintenance of a minister or ministers, repairing said JJig^J^J"'^ 
house, and other expenses of publick worship, with such 
incidental charges as they shall agree on, at any legal 
meeting called for that purpose, and the same may assess, 
or cause to be assessed upon such pews or seats, as the 
proprietors or members as aforesaid, at any such meeting 
shall deem proper, according to the respective valuation 
made thereof, and recorded in the proprietors' books ; and 
the sums so assessed shall be paid by the proprietors of 
such pews or seats, and if any proprietor shall neglect to 
pay such assessment which shall have been legally made, 
for the space of one year, the Treasurer of said society shall 
be authorized and empowered to sell all the estate and inter- 
est of such delinquent proprietor in said corporation, at 
publick auction, first giving notice thereof thirty days at 
least previous to the sale, by posting up notifications at the 
door of said house, and upon such sale to execute good 
and sufficient deed or deeds thereof, and after deducting 
said delinquent's assessment, with incidental charges, the 
Treasurer shall pay the overplus, if any there be, to such 
delinquent proprietor. 

Sec 3. Be it further enacted^ That said society may 
have power to order and establish such regulations, rules 
and by-laws for their government, and for the management 
of their concerns, as they may see fit ; provided the same 
are not repugnant to the laws of this Commonwealth. 

Sec 4. Be it further enacted , That John Kettell, Esq. 
or any other Justice of the Peace for the county of Middle- justice tois- 
sex, be, and hereby is authorized to issue his warrant to sue warrant. 
any member of said society, to notify and warn all the 
members thereof to meet, and assemble at such time and 
place as he shall therein appoint, and when so met and 



350 CONGREGATIONAL SOCIETY. Feb. 27 , I8l\^. 

assembled to organize the society, by choosing a Clerk, 
and all such other officers as other similar societies may 
elect, and the annual meeting of said society shall always 
be held in the month of March. 

[This act passed February/ 27, 181 L] 



CHAP. CI. 

An Act to incorporate The Congregational Society in the 
town of Buxton, in the County of York. 



Sec. 1. XjK it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Ebenezer VVentworth, Charles 
Coffin, Thomas Bradbury, Jacob Bradbury, Zenas Payne, 
James Emery, jun. Humphry Merrill, John Eaton, Eben- 
ezer Wentworth, jun. Michel Hanson, Timothy Elyer, 
Persons in- R^yai Brewstcr, David Coffin, George Robbinson, Eben- 
corporae . ^^er Davis, Pelatiah Harmon, jun. Joseph Donnell, Josiah 
Davis, Daniel Leavet, John Hopkinson, Isaac Libby, jun. 
Timothy Barker, Samuel Watts, Joseph Bradbury, jun. 
Isaac Lord, Joseph Spencer, Daniel Hanson, jun. James 
Pennell, Pelatiah Harmon, Asa Brown, John Meserve, 
James Merrill, James Bickford, Joseph Hill, Phineas 
Hanson, Joseph Bradbury, Barnabas Sawyer, Joseph and 
Robert Wentworth, together with all other persons in said 
town, who do not belong to any other religious society, be, 
and hereby are incorporated, by the name of The First 
Congregational Society in Buxton, with all powers and 
privileges which are exercised and enjoyed by parishes, 
according to the constitution and laws of this Common- 
wealth. 

Sec 2. Be it further enacted, That any person in 

the said town of Buxton, being desirous of becoming a 

Aiethod of member of the said First Congregational Society, and 

sociSy.^ ^ declaring such intention, in writing, delivered to the clerk 

of the town, or the clerk of the said parish, fifteen days 

before the annual meeting, and receive a certificate of 

membership, signed by the minister or clerk of the said 

y parish, that he or she has actually become a member of and 

united in religious worship with the said First Congrega- 



REAL ESTATE. i'V6. 27, 1811. 351 

tional Society in Buxton, such person from the date of 
such certificate, with his or her polls and estate, shall be 
considered as u member of said parish. 

Sec. 3. Be it further enacted^ That either of the Jus- 
tices of the Peace for the county of York, upon application Justice tois- 
therefor, is hereby authorized to issue a warrant, directed ^^^ wanam. 
to some member of the said First Congregational Society, 
requiring him to notify and warn the members thereof, to 
meet at such convenient time and place as shall be expressed 
in said warrant, for the choice of such oiiicei's as religious 
societies are by law empowered to choose at their annual 
or society meetings. 

[This act passed February 27, 1811.] 



CHAP. CII. 

An Act to authorize the town of Groton to sell certain real 
estate devised to said town. 



• E it enacted by the Senate and House of 
Hepresentatives in General Court assembled, a?id by ths 
authority of the same. That the inhabitants of tlie town 
of Groton be, and they are hereby authorized and fully 
empowered to sell, and execute a deed or deeds, by a com- 
mittee of three persons, or any two of them, to convey the 
whole or any part of the real estate devised to the said 
inhabitants in and by the last will and testament of Josiah 
Sawtell, Esquire, late of said Groton, deceased, for the 
support of a gospel minister in said town, as expressed in 
said will, and such deed or deeds executed in due form of 
law, shall be valid and effectual to convey such real estate, 
and the proceeds of any such sales shall be paid over by 
such committee, or any two of them, to the Trustees of 
Groton Ministerial Fund,and be denominated "TheSavt^ell 
Donation for the support of a gospel minister in the first 
parish in Groton," and shall be preserved, managed and 
appropriated by said Trustees, as by law they are required 
to preserve, manage, and appropriate any other funis in 
their hands, or under their care. 

[This act passed February 21, 1811.1 

X X 



1352 NEW MARLBORO'— PUTNAM. Feb. 27, 1811. 

CHAP. cm. 

An Act to annex a part of the town of Tyringham to the 
town of New Marlboro', in the County of Berkshire. 

J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That the tract of land described 
within the following bounds, be, and the same is hereby 
set off from the town of Tyringham, and annexed to the 
town of New Marlboro', in the county of Berkshire, 
viz. — Beginning on the line between New Marlboro' and 
Tyringham, on the west side of Six Mile Pond, thence 
west on the said line two hundred and fifty-eight rods, to 
the south-west corner of said Tyringham ; thence north, 
on the line between Great Barrington and said Tyringham, 
one hundred and eighty-four rods, to the north-west cor- 
ner of land of John Gibson ; thence east thirty-seven 
degrees south, to the west bank of said Six Mile Pond ; 
thence on the west side of said pond to the first mentioned 
corner, containing about one hundred and fifty acres ; and 
the said tract is annexed to, and made a part of the said 
town of New Marlboro', as fully and completely as if it had 
been originally incorporated therewith. 

[This act passed February 27, 1811. 



CHAP. CIV. 

An Act to establish the town of Putnam. 

Sec 1. JDE ?7 enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same/ Yh'dt the several tracts of land, as 
described within the following boundaries, be, and they are 
hereby incorporated into a town, by the name of Putnam : 
Beginning at a hemlock tree, standing on the west side of 
Pviadomack Stream, marked G ; thence running north 
thirty-four degrees west, on the south line of land belong- 
ing to the company called the Tv/enty Associates, fifteen 



PUTNAM. Feb. 27, 1811. 353 

hundred and forty-two rods, to a beech tree, marked G 1 809, 
on the line of Palermo ; thence south twenty-nine degrees 
west, five hundred and eighty-six rods on the east line of Boundaries. 
Palermo, to a large yellow birch tree, marked Lisbon ; 
thence west twenty-two degrees and one half north, four 
hundred and fifty-four rods on the south line of Palermo ; 
thence south fifty-six degrees west, three hundred rods, to 
a small white birch tree ; thence south six hundred and 
eighty rods, to a large hemlock tree, marked on four sides ; 
thence south thirty degrees west, four hundred and sixty 
rods, to a spruce tree, marked I A ; thence south six hun- 
dred and twenty rods to a spruce, marked L C ; thence 
south fifty-six degrees east, eight hundred and eighty rods, 
to a hemlock, marked Ballstown Corner, 1805, being on 
Jefferson north line ; thence south seven degrees west, 
three hundred and sixty rods, to a stake marked B B ; 
thence east four hundred and fifty-two rods to Medomack 
River ; thence up said river, by its course, to the first 
mentioned bounds ; containing by calculation about twenty- 
three thousand acres : and the said town of Putnam is 
hereby vested with all the powers and privileges, and sub- 
ject to all the duties and requisitions of other towns, 
according to the constitution and laws of this Common- 
wealth. 

Sec 2. Beit further enacted^ That either of the Justices 
of the Peace for the county of Lincoln, be, and he is Justice to is- 
hereby authorized to issue a warrant, directed to a free- sueWarrant. 
holder, an inhabitant of the said town of Putnam, re- 
quiring him to notify and warn the freeholders thereof, to 
meet at such convenient time and place as shall be appointed 
in said warrant, for the choice of such officers as towns are 
by law required to choose and appoint at their annual town 
meetings. 

[This act passed February 27, 1811."] 



154 



MARINE INSURANCE COMP. 



Feb. 27, 1811, 



CHAP. CV. 

An Act to incorporate Ezra Weston and others into a com- 
pan_v, by the name of The Duxbury Marine Insurance 
Company. 



■persons in- 
corporated. 



Name. 



Powers. 



Directors. 
President. 



Sec. 1. JL3E it enacted by the Se /c and House of 
Hepresentatives m General Court as. nbled., and by the 
authority of the same, That Ezra Weston, together with 
such others as have associated, or may hereafter associate 
with them, the petitioners for this act, and such others as 
they shall admit as their associates, beinj^ citizens of the 
United States, be, and they are hereby incorporated into a 
company or body politick, by the name of The Duxbury 
Marine Insurance Company, for and during the term of 
twenty years from the date of this act, and by that name 
may sue and be sued, plead and be impleaded, appear, 
prosecute and defend to final judgment and execution, and 
have u 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 
herein after mentioned. 

Sec 2. Be it further enacted, Hiat a share in the 
capital stock of the said company shall be one hundred 
dollars, and the number of shares shall be one thousand ; 
and if the said number of shares are not already filled, sub- 
scriptions may be kept open, under the inspection of the 
President and Directors of the said Company, imtil the 
same shall be filled, and the whole capital stock, estate or 
propert)' which the said company shall be authorized to 
hold shall never exceed one hundred thousand dollars, 
exclusive of premium notes, or profits arising from said 
business, of which capital .stock or property ,fifteen thousand 
dollars only shall be vested in real estate. 

Sec 3. Be it further enacted, That the stock, property 
and aSlurs of the said company shall be managed and con- 
ducted by seven Directors, one of whom shall be Presi- 
dent thereof, who shall hold their offices for one year, and 
until others shall be chosen, and no longer, which Direc- 
tors, at the time of their election, shall be Stockholders, 
and citizens of this Commonwealth, and shall be elected on 



MARINE INSURANCE COMP. Feb. 27, 1811. 355 

the first Tuesday in June in each and every year, at such - 
time of the day and at such place in the town of Duxbury, 
as the majority of the Directors, for the time being, shall 
appoint, of which election publick notice shall be given, by 
posting up notice thereof, in two publick places in said 
town, Iburteen days immediately preceding such election ; 
and such election shall be holden under the inspection of 
three Stockholders, not being Directors, and shall be made 
by ballot by a majority of the votes of the Stockholders 
present, allowing one vote to each share in the capital 
stock ; provided^ that no Stockholder shall be allowed Proviso, 
more than ten votes, and the Stockholders not present may 
vote by proxy, under such regulations as the said company 
shall prescribe ; and if incase of any unavoidable accident, 
the said Directors should on the said first Tuesday in 
June, not be chosen as aforesaid, it shall be lawful to choose 
them on any other day, in the manner herein prescribed. 

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

Sec 5. Be it further enacted, That the President and 
three of the Directors (or four of theDirectors in the absence 
of the President) shall be a board competent to transact 
business, and all questions before them shall be decided by 
a majority of votes, and they shall have power to make and Ey-iaws, 
prescribe such by-lau's, rules and regulations, not repug- Kules, &c. 
nant to the constitution or laws of this Commonwealth, as 
to them shall appear needful and proper, concerning the 
management 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 oflicers, 
clerks and servants employed, and the election of Direc- 
tors, and all such matters as appertain to the iDusiiiess of 
insurance ; and shall also have power to appoint a Secre^ 
"ary and so many clerks and servants for currying on the 



356 MARINE INSURANCE COMP. Feb. 27, 1811. 

said business, and with such salaries and allowance to them 
and to the President, as to the said board shall seem meet. 
Sec. 6. Be it further enacted^ That there shall be stated 
Meetings of meetings of the Directors at least once in every month, 
theDirectors and as oftcn within each month as the President and Board 
of Directors shall deem proper ; and the President and a 
committee of three of the Directors, to be by him appointed 
in rotation, shall assemble daily, if need be, for dispatch of 
business, and the said Board of Directors, and the com- 
mittee aforesaid, at and during the pleasure of the said 
Board, shall have power and authority on behalf of the 
company, to make insurance upon vessels, freights, money, 
goods and effects, and against captivity of persons, and on 
the life of any person during his absence by sea, and in 
cases of money lent upon bottomry and respondentia, and 
to fix the premiums and terms of payment ; and all policies 
of insurance by them made shall be subscribed by the 
Provision in President, or in case of his death, sickness, inability, or 
case of ab- abscncc, by any two of the Directors, and countersigned 
death.°^ 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 said company ; and the assured may 
thereupon maintain an action of the case against the com- 
pany, and all losses duly arising under any policy so sub- 
scribed, may be adjusted and settled by the President and 
Board of Directors, and the same shall be binding on the 
company. 

Sec. 7. Be it further enacted^ That it shall be the duty 
of the Directors on the first Tuesday of January and July 
. „ . in every year, to make dividends of so much of the interest 
Directors, arising from the capital stock and the profits of the said 
company, as to them shall appear advisable ; but the moiiies 
received, and the notes taken for premiums or risks which 
shall be undetermined and outstanding at the time of mak- 
ing such dividends, shall not be considered as part of the 
profits of the company ; and in case of any loss or losses 
whereby the capital stock of the company shall be lessened, 
each proprietor's or stockholder's estate shall be held 
accountable for the instalment that may be due on his 
share or shares at the time of said loss or losses taking 
place, to be paid into the said company by assessments, or 
such other mode and at such time or times as the Directors 
shall order, and no subsequent dividend shall be made. 



MARINE INSURANCE COMP. Feb. 27, 1811. 357 

until a sum equal to such diminution shall have been added 
to the capital, and that once in every two years, and 
oftener if required by a majority of the votes of the stock- 
holders, the Directors shall lay before the Stockholders, 
at a general meeting, an exact and particular statement of 
the profits, if any there be, after deducting losses and 
dividends. 

Sec 8. Be it further enacted^ That the said company 
shall not directly or indirectly deal or trade in buying or p^^^^^ ^^ ^i^^ 
selling any goods, wares or merchandise, or commodities company- 
whatsoever ; and the capital of said company, after being 
collected at each instalment, shall w iihin ninety days be 
invested either in the funded debt of the United States or of 
this Commonwealth, or in the stock of any incorporated 
bank in this Commonwealth, at the discretion of the Presi- 
dent, and Directors of the said Company, or of other 
officers which the proprietors shall for such purpose ap- 
point. 

. Sec 9. Be it further enacted^ That fifty dollars on 
each share in said company shall be paid within sixty days Monies due. 
after the first meeting of the said company, and the remain- 
ing sum due on each share within one year afterwards, at 
such equal instalments and under such penalties as the 
said company shall direct, and no transfer of any share in 
said company shall be permitted or be valid, until all the 
instalments on such shares have been paid. 

Sec 10. Be it further enacted^ That in case of any 
loss or losses taking place equal to the amount of the cap- officers' es- 
ital stock of said company, and the President or Directors, stateaccoun- 
after knowing of such loss or losses taking place, shall ^-^^it 
subscribe to any policy of insurance, their estates jointly 
and severally shall be accountable for the amount of any 
and every loss that shall take place under policies thus 
subscribed ; and no person being a Director of any com- 
pany carrying on the business of Marine Insurance, shall 
be at the same time a Director of the company hereby 
established. 

Sec 11. Be it further enacted ^ That the President 
and Directors of the said company shall, previously to their 
subscribing to any policy, and once in every year after, 
publibh in one newspaper, printed in Boston, the amount 
of their stock, against what risk they mean to insure, and 
the largest sum they will take on any one risk. Provided vi-oy\zf>. 



358 



MINISTRY LANDS. 



Feb. 27, 1811. 



Stockhold- 
ers author- 
ized to call 
meeting. 



nevertheless, that the said President and Directors shall 
not be allowed to take more on any one risk than ten per 
centum of the amount of the capital stock of said corpora- 
tion actually paid in ; and the President and Directors of 
the said company shall, when and as often as required 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. 

Sec. 12. Be it further enacted, That any three of the 
Stockholders are hereby authorized to call a meeting of 
the members of said company, as soon as may be, in Dux- 
bury, by advertising the same for three weeks successively 
in some one newspaper printed in Boston. 

[This act passed Februanj 27, 1811.] 



CHAP. CVL 

An Act to authorize the town of Brewster to sell the M inistry 
Lands, and to appropriate the proceeds thereof towards 
the ministerial funds, and to appoint Trustees for the 
management thereof. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives 'in General Court assembled, and by the 
authority of the same. That the Selectmen of the town 
of Brewster, for the time being, the Treasurer and the 
Trustees ap. Clerk of the parish, and the Deacons of the Church for the 
fncorporat- ^imc being, in the said town of Brewster, be, and they are 
ed. hereby appointed and incorporated as Trustees, by the 

name of The Trustees of the Brewster Ministry Fund, 
and by that name they and their successors in office shall 
be and continue a body politick and corporate forever, and 
they shall have a common seal, subject to alteration, and 
they may sue and be sued in all actions real, personal and 
mixed, and prosecute and defend the same to fin^l judg- 
ment and execution, by the name afoiesaid, and shail have 
all other powers which are incident to and necessarily 
belonging to the like corporations ; and the said Trustees 
and their successors may annually elect one of their num- 
ber as President, and a Clerk to record the doings of the 
said Trustees, and a TrciuninT to receive and pay the 



Officers to 

be elected. 



MINISTRY LANDS. Feb, 27, 1811. 359 

monies belonging to the said fund, according to the pro- 
Tisions of this act, who shall give bond to the said Trus- 
tees for the faithful performance of his duty, and shall be 
at ail times responsible for the faithful application of the 
monies which may come into his hands, conformably to 
the true intent and meaning of this act, and for all neglect 
or misconduct in his office. 

Sec. 2. Be it further enacted^ That the said Trus- 
tees be, and they are hereby authorized and empowered to 
sell and convey the several lots of land belonging to the Authorized 
town of Brewster, which have been and are appropriated to sell lands. 
to the support of the ministry in the said town, and the 
monies arising from the sale of the said lands shall be put 
on interest, and shall form a fund for the support of the 
ministry in the said town, which shall be under the care 
and management of the said Trustees, in the manner pro- 
vided for and directed in this act ; and all gifts, grants, 
donations, bequests or legacies which have been or may be 
hereafter macle, to and for the same use and purpose, 
shall be added to the said accumulating fund, and shall be 
under the same care and improvement of the Trustees 
aforesaid, and when the said Trustees shall loan the said 
monies, or any part thereof, the same shall be secured by Moniestobe 
mortgage on real estate to the full value of the estate or secured. 
land mortgaged, or money loaned, or by two or more suf- 
ficient sureties, with the principal, unless the said Trustees 
shall think it best to invest the said proceeds in publick 
funded securities or bank stock, which they shall have 
authority to do ; and the interest, and that only, shall ever 
be appropriated for the uses aforesaid, and it shall never 
be in the power of the said Trustees to alter or alienate the 
appropriation of the fund aforesaid, and the said Trustees 
are herebv authorized to make and execute a good and 
sufficient deed or deeds of the said several lots of land, 
which shall be subscribed by the Treasurer, and when 
duly executed, acknowledged and delivered by the direc- 
tion of the said Trustees, shall be valid and effectual in 
law to pass and convey the fee simple title from the town 
tQ the purchaser. 

Sec 3. Be it further enacted^ That the said Trustees, 
Treasurer, Clerk, or other officers or persons, or persons 
employed by them, shall be entitled to receive no com- 
pensation for the services they may perform out of any 
Yy 



360 BRIDGE. Feb, 27, 1811. 

monies belonging to the said fund, but a reasonable com- 
tion aiTowed. pensation shall be paid them by the town, and the said 
Trustees, and each of them shall be responsible to the town 
for their personal neglect or misconduct, whether they be 
officers or not, and liable to prosecution for any loss or 
damage resulting thereby to the fund ; and the debt or 
damage recovered in such suit shall be to the use and dis- 
posal of the town ; and the said Trustees and Treasurer, 
and their successors in office, shall exhibit to the town a 
report of their doings, and the state of the fund at the annual 
meeting in March or April. 

Sec. 4. Be it further enacted^ That any Justice of the 
Justice to is P^^c^ fo^ ^^ county of Barnstable, is hereby authorized, 
sue Warnint. upon application therefor, to issue his warrant, directed to 
one of the Trustees named in this act, requiring him to 
notify and call a meeting of the said Trustees, to be holden 
at such convenient time and place as may be appointed in 
said warrant, to organize the said corporation by the 
appointment of its officers. 

"[This act passed February 27, 1811.] 



CHAP. CVII. 

An Act in further addition to an act entitled " An act for 
incorporating certain persons for the purpose of building 
a Bridge over Merrimack River, between the towns of 
Haverhill and Newbury, in the county of Essex, and for 
supporting the same." 

_DE it enacted by tlie Senate and House of 
Representatives ih General Court assembled^ and by the 
authority of the same^ That the Proprietors of Merrimack 
Bridge be, and they arc liereby authorized, from and after 
the first day of April next, to move the Lamp that is now 
placed on the end of the aforesaid bridge (next to Haver- 
hill shore) to the centre of the first arch on the upper side 
of the said arch next to the aforesaid shore. 

[This act passed February 27, 1811.} 



Persons in- 



RELIGIOUS SOCIETY, Feb, 27, 1811. 361 



CHAP. CVIII. 

An Act to incorporate The Second Religious Society in 

Wiscasset. 



Sec. 1. JjE z? enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That Roger Smith, William Clark, 
Benjamin Allbee, William Thompson, Joseph Rawlings, 
James Kennedy, Michael Sevey, Samuel Clark, Joseph 
Currin, Samuel Hubbard, Calvin Pratt, Ebenezer Allbee, 
Joseph C. Fulker, Joshua Danforth, Rufus Kelton, Joseph corporated. 
Stephens, junior, Nathaniel Stevens, Joshua Boynton, 
William Allbee, JohnGetchell, Enoch Chase, Thomas M. 
Cargill, John S. Foye, John Warren, Jonathan Hemtoon, 
Ebenezer Brown, Robert L. Wheelwright, Nathaniel 
Austin, Daniel Quinnam, Andrew Haraden, Benjamin 
Jackson, Chandler Dammon, Nathan Smith, Thomas 
Tumdy, Joseph Foster, John B. Mange, James Gordon, 
John Taylor, Walter Madigan, Silas Smith, James Lyht, 
William Vincent, Stephen Coffin, Oliver Whitcomb, 
Caleb Smith, Joseph Stephens, George Snell, John 
Decker, Nathaniel Hawtt, James M. Kelsa, William Per- 
kins, Samuel Munsey, William Elmes, John Hamlin, 
Benjamin Hayden, Thomas Hankerson, and Jeremiah Dal- 
ton, members of said religious society, with their polls and 
estates, be, and they are hereby incorporated, by the name 
of The Second Religious Society in Wiscasset, with all 
the privileges and immunities which parishes or religious 
societies in this Commonwealth are by law entitled to : 
Provided however, that all such persons shall be holden to 
pay their proportion of all monies assessed in said town of 
Wiscasset, for parochial purposes, previous to the passing 
of this act. 

Sec 2. £e it further enacted, That any person in 
said town of Wiscasset, who may at any time actually Metiiod of 
become a member of and unite in religious worship with ^g°'g"g"5./ ^ 
the said second religious society, and give in his name 
to the clerk of said town of Wiscasset, with a certificate, 
signed by the minister or clerk of said second religious 
society, that he hath actually become a member of and 



362 MISCHIEVOUS DOGS. . Feb. 28, 1811. 

united in religious worship with said second religions 
society, fourteen days previous to the town or parish 
meetings, to be holden in the months of March or April, 
shall, from and after giving such certificate, be considered, 
with his polls and estates, as belonging to said second 
Proviso, religious society. Provided however^ that all such persons 
shall be holden to pay their proportion of monies assessed 
in the town or parish to which they belonged previous to 
that time. 

Sec. 3. Be it further enacted^ That any Justice of the 
Peace in the county of Lincoln, be, and he is hereby 
authorized to issue his warrant, directed to some suitable 
Justice to is- member of said society, requesting him to warn the mem- 
sue Warrant, bers Qf syi(i society, qualified to vote in parish affairs, to 
assemble at some suitable place in said town of Wiscasset, 
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 necessary to be done 
in said society. 

[This act passed February 27, 1811.] 



CHAP. CIX. 

An Act supplementary to an act, entitled " An act to pre- 
vent damage by mischievous dogs." 



B 



E it enacted by the Smate and House qf 
jRepresentatives in General Court assembled^ and by th^ 
authority of the same. That from and after the first day 
of April next, every person in this Commonwealth, who 
is or may be the owner of any dog or dogs, above the age 
of four months, and the parent, guardian, master, or mis- 
tress ot any minor or servant, who shall own or keep any 
such dog, who shall neglect to cause such dog constantly 
to wear a collar, agreeably to the provisions of the first 
section of the act to which this is in addition, shall foricit 
and pay the sum of Ten Dollars, with costs of prosecution, 
to be sued for and recovered in an action on the case, before 
any Justice of the Peace, qualified to act in said office, to 
the use of him who shall sue for the same. 

[This act passed February 28, 1811.] 



ELIAS SMITH— MILITIA. Feb. 2^, 1811. 363 

CHAP. ex. 

An Act to set off Elias Smith from the town of Hadley, 
and annex him to the town of Amherst, in the county of 
Hampshire. 



B 



>E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Ehas Smith, his family and his 
buildings of every description, together with so much of 
the farm whereon he now lives, as lies on the east side of 
t line parallel with the present boundary line between the 
towns of Hadley and Amherst, and ten rods west of the 
westernmost part of his dwelling-house, be, and they hereby 
are set off from the said town of Hadley, in the county of 
Hampshire, and annexed to the said town of Amherst, in 
the county aforesaid ; and the said Elias and his family, 
shall hereafter be considered inhabitants of the town of 
Amherst, and shall there exercise and enjoy all their rights 
and privileges, and shall be subject to all duties and requi- 
sitions, in the like manner with the other inhabitants of 
said town of Amherst. Provided however^ that the said 
Elias shall be holden to pay all taxes which have been 
legally assessed upon him by the town of Hadley, prior to 
the passing of this act. 

[This act passed February 28, 1811.] 



CHAP. CXI. 

An Act supplementary to an act, entitled " An Act for 
regulating, governing and training the Militia of this 
Commonwealth." 

XJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That all fishermen actually employed 
in vessels owned by citizens of the United States, either 
registered or licenced to carry on the fishing business, shall 
be, and they are hereby deemed to be mariners, and as 
such are exempted from militia duty while they are actu- 
ally employed as aforesaid. 

[This act passed February 28, 1811.] 



364 SMELTS— FISHERY. Feb, 28, 18U. 



CHAP. CXII. 

An Act to preserve and regulate the taking or catching of 
fish called Smelts, in the Island River, so called, in the 
south part of the town of Maiden, in the county of Mid- 
dlesex. 

J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That from and after the passing of 
this act, it shall not be lawful for any person or persons to 
set and draw any seine, net, or drag nets in the Island 
River (so called) between Beacham's Point and a dam in 
said river, near the island so called, in said town of Mai- 
den, from the first day of October to the first day of May 
annually ; and any person so offending herein, shall for 
each offence forfeit and pay a sum not more than twenty 
dollars, nor less than ten dollars, to be recovered by action 
of debt before any court proper to try the same, one half 
to the use of the town, and the other half to the use of him 
or them who may sue therefor. 

[This act passed February 28, 1811.] 



CHAP. CXIII. 

An Act to repeal an act, entitled An act to regulate the 
fishery in the towns of Ipswich, Hamilton and Wenham. 

XjE it enacted by the Senate arid House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That an act passed the first day of 
March, eighteen hundred and nine, entitled an act to regu- 
late the fishery in the towns of Ipswich, Hamilton and 
Wenham, be, and the same is hereby repealed. 

[This act passed February 28, 1811.] 



POOR DEBTORS— J. CHASE. Feb. 28, 1811. 365 

CHAP. CXIV. 

An Act for the relief of poor Debtors. 

jDE it enacted by the Senate a?id House of 
Representatives in General Court assembled^ and by the 
authority of the same, That no person shall, from and 
after the first day of June next, be committed to gaol, or 
be liable to be imprisoned on any execution issued on any 
judgment founded on contract, made or entered into after 
the passing this act, unless the debt or damage in such 
execution shall exceed the sum of five dollars ; and it 
shall hereafter be the duty of the Clerk of the Court, or 
Justice of the Peace who may issue execution upon any 
judgment founded upon contract, the amount of which 
judgment, exclusive of costs, does not exceed the sum of 
five dollars, so to vary the form of such execution, as that 
the same shall not rim against the body of such debtor. 

[This act passed February 28, 1811.] 



CHAP. CXV. 

An Act to set off Joshua Chase, of the town of Sutton, in 
the county of Worcester, from the South Parish, and 
annex him and his estate to the North Parish, in said 
town. 

XJE it enacted by the Senate and House of 
Representatives in General Court assembled, ajid by the 
authority of the same, That Joshua Chase, of Sutton, in 
the county of Worcester, with his poll and estate, lying; 
and being in the said south parish of Sutton, be, and 
hereby is set off from the said south parish, and annexed to 
the north parish in saidlown. 

[This act passed February 28, 1811.] 



366 PRISONS— FISH. Peh, 28, 181 L 



CHAP. CX VI. 

An Act in addition to an act, entided " An act for pro- 
viding and regulating of Prisons." 

J3 E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That in any action (now lawfully 
pending) or which may hereafter be lawfully pending, in any 
of the courts of law, in this State, on any bond given to 
entitle a debtor to the liberty of gaol yard, if it shall appear 
to the court, either upon a hearing in equity or by the 
finding of a jury, that such debtor escaped not wilfully, but 
through accident, or through misapprehension of the limits 
of the day time, or of the limits of the gaol yard, then the 
court may enter judgment for the plaintiff, for the money 
due on the execution on which such debtor was commiited, 
with interest thereon, and the charges of levying the same 
execution, together with the costs of said action, any law 
to the contrary notwithstanding. And when the jury 
shall find that such debtor did escape, they may also inquire 
and find whether such escape was not through accident or 
misapprehension, as aforesaid. 

[This act passed February 28, 1811.] 



CHAP. CXVII. 

An Act in addition to an act, entitled An act to prevent 
the destruction of alewuves and other fish in Ipswich 
river, and to encourage the increase of the same. 

X3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That it shall be lawful for the 
inhabitants of the towns of Ipswich, Hamilton, Topsfield, 
Reading, Danvers and Middieton, to take fish with seines, 
or drag nets in Ipswich river one day in each week, which 
day shall be Wednesday, at such place in each town as the 
fish committees in said towns shall respectively direct, and 



METHODIST SOCIETY. Feb. 28, 1811. 367 

under such regulations and restrictions as the towns afore- 
said shall adopt, any thing in the act entitled *' An act to 
prevent the destruction of alewives, and other fish in Ips- 
wich river, and to encourage the increase of the same," to 
the contrary notwithstanding. 

[This act passed February 28, 1811.] 



CHAP. CXVIII. 

An Act to establish a Methodist Society in the towns of 
Falmouth and Sandwich. 

Sec 1. XJK it enacted by the Senate and House of 
Representatives m General Court assembled^ and by the 
authority of the same^ That Barney Merchant, Barney 
Hammond, Nuthaiiiel Hammond, Sylvanus Hammond, 
William Shearman, Seth Robinson, Barnabas Chadwick, P'^"""'' ^' 
jun. Nathaniel Nye, Ruth Hatch, Benoni Nickerson, Ben- """"P"^* 
jiimin Smith, Robert Hammond, Luke W . Phelps, Peter 
Yost, Hugh G. Donaldson, Major Hatch, Barnabas Price, 
Jonathan Green, Rufus Butler, John Gorham, Joseph Pal- 
mer, David Hatch, jun. Ephraiai Parker, William Nye, 
Elijah Nickerson, Ebenezer Wicks, Joshua Jenkins, Solo- 
mon Green, John Tobey, Benoni Studley, Timothy Bourn, 
Isaiah Fish, Malachi Davis, Ebenezer Siudley, Hiram 
Chase, Obadiah Baker, James Bourne, Lothrop Lewis, 
Israel Bourne, Samuel Nye, Jonathan Parker, and John 
Edwards, all of Falmouth ; David Dimmick, Moses Nve, 
Samuel Swift, Ward Swift, Jeremy Alney, Moses Swift, 
William Handy, Archelaus Tobey, Thomas Wing, John 
Witherill, David Wing, Isaiah Godfrey, Silas Perry, Covel 
Bu?\gess, Crowell Burgess, Perez Burgess, John Perry, 
Arther Perry, John Finney, Jabez Finney, Edward Finney, 
John Finney, jun. Samuel Nye, Stephen Swift, Benjamin 
Bourne, Samuel Drody, Nathaniel Nye, John Dillingham, 
Levi Nye, David Bates, Elijah Bates, and Zacheus Hatch, 
all of Sandwich, together with their families and estates, 
and such others within the said towns of Falmouth and 
Sandwich, as may hereafter associate and join with them, 
be, and they are hereby incorporated into a religious society, 
by the name of The Methodist Society in Falmouth and 
Z z 



368 



METHODIST SOCIETY. 



Feb. 28, 1811. 



Sandwich, with all the powers, privileges and immunities 
to which other religious societies are entitled by the con- 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted^ That an}^ person, in 
either of the aforesaid towns of Falmouth and Sandwich, 
who may at any time hereafter be desirous to unite with 
and shall become a member of said Methodist Society, 
shall declare such intention, in writing, by giving in his or 
her name to the minister or clerk of said Methodist Society, 
and shall receive a certificate of membership, signed by 
the minister, class-leader, or clerk of the said society, that he 
or she has united in religious worship with, and become a 
member of said Methodist Society, and shall also leave an 
attested copy of such certificate with the clerk of the parish 
or society to which he or she belonged, fourteen days pre- 
vious to the annual parish meeting in March or April, 
shall, from and after giving in such certificate, with his or 
her polls and estates, be considered as a member of the 
said society. Provided how ever^ that such person shall be 
held to pay his or her proportion of all monies assessed and 
not paid to the society from which such person has seceded. 

Sec. 3. Be it further enacted, That when any member 
of the said Methodist Society shall sec cause to leave the 
same, and to unite with any other religious society in the 
town or parish in which he or she may live, and shall 
declare such intention, in writing, to the minister or clerk 
of sul^h other society, fourteen days before the annual 
meeting thereof, and if such person shall receive a certifi- 
cate of membership, signed by the minister or clerk of 
such society, that he or she has united in religious worship 
with and hath become a member of such society, and shall 
leave an attested copy with the clerk of said Methodist 
Society, such person shall, from giving in such cer- 
tificate, with his or her polls and estates, be considered 
as a member of such society. Provided however, that 
such person shall be held to pay his or her proportion of all 
monies assessed in the said society, and not paid previous 
to leaving one society and joining another. 

Sec. 4. Be it further enacted. That any Justice of the 

Peace in the coimty of Barnstable, be, and he is hereby 

sucWanant. authorized to issue his warrant, directed to some suitable 

member of the said society, requiring him to notify and 

warn the members thereof, qualified to vote in 



DIVORCES— STATE TAX. Feb. 26, 1811. , 369 

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. 

Sec. 5. Be it further enacted, That the members of 
the Methodist Society aforesaid, be, and hereby are empow- Empowered 
ered to receive and hold by deed in fee, such land as may Jo hold es- 
be necessary for a meeting-house lot, burying-ground, and 
a small settlement for their ministers in each of the towns 
aforesaid. 

[This act passed February 28, 1811.] 

CHAP. CXIX. 

An Act further regulating Divorces. 

1 f E it enacted by the Senate and House of 
Representatives i?i General Court assembled, and by the 
authority of the same. That whenever any husband shall 
utterly desert his wife, or shall grossly or wantonly and 
cruelly neglect or refuse to provide suitable maintenance 
for her, being of sufficient ability thereto, in every such 
case the wife may be divorced, a mensa et thoro, and upon 
a libel for that purpose, the Supreme Judicial Court shall 
have as full authority as to alimony, and all other matters 
and things, as they now have, or may hereafter have in 
other cases of Divorce, a mensa et thoro. 

[This act passed February 28, 1811.] 



An Act to apportion and assess a tax of one hundred and 
thirty-three thousand three hundred and two dollars and 
fifty-two cents, and providing for the reimbursement of 
thirty-five thousand two hundred and fourteen dollars, 
paid out of the publick treasury to the members of the 
House of Representatives for their attendance at the two 
last sessions of the General Court. 

[This act passed February 26, 1811.] 



370 MIDDLESEX TURNPIKE. Feb. 28, 1811, 

CHAP. CXX. 

An Act in addition to an act, entitled An act to establish 
the Middlesex Turnpike Corporation, and to the several 
acts in addition thereto. 

W HEREAS, by an act of the Legislature, 
passed March 6, 1810, it was provided that a part of the 
Middlesex Turnpike Road which had been laid out and 
partly made in the towns of West Cambridge and Lexing- 
Preamble ^°"' ^^^* ^''°"^ ^ point in the old road in said Lexington, 
below the house of Joseph Harrington, to a point in the 
old road in said West Cambridge, near John Frost's 
blacksmith's shop, should be changtd and altered, and 
instead thereof the course of said road should be from said 
point in Lexington, in the nearest practicable rout to a 
point in the old road in said West Cambridge, near the 
• foot of the rocks (so called) ; provided the inhabitants of 

said West Cambridge should lay out and make said last 
mentioned piece of road for the use and benefit of said 
Turnpike Corporation. Now the said inhabitants of West 
Cambridge, having procured said road to be laid out and 
made, yet the same cannot accrue to the use and benefit of 
said corporation, because said piece of road was not laid out 
as a part of said Turnpike road, but as a County road, and 
is recorded and established as such — Therefore, 

BE it enacted by the Senate and House ofRsp- 

resentatives in General Court assembled^ and by the 

authority of the same^ That said piece of road, from a point 

in the old road in Lexington, below the house of Joseph 

jRoRd annex- Harrington, to a point in liie old road in West Cambridge, 

eti toTurn- near the foot of the rocks (so called) as the same is now 

*^ ' laid out and made, shall and may become a part of the 

Middlesex turnpike road, extending from Buiscrit Bridge, 

in Tyngsborough, to Cambridge-Port, all which road is 

hereby established as fully as it could have been had it 

been all laid out under the Turnpike Act, according to 

law. And said corporation are hereby authorized to erect 

one of their gates on any part of said piece of road, between 

said point in Lexington and said point in West Cambridge, 

near the foot of the rocks (so called), any thing in the geii» 

eral Turnpike Law to the contrary notwithstanding. 

[This act pass<^d February 28, loll.] 



TUMULTS, &c.— ASSOCIATION. Feb. 28, 1811. 37i 



CHAP. CXXI. 

An Act to repeal certain parts of an act, entitled " An act 
in addition to an act, entitled an act for the more speedy 
and effectual suppression of tumults and insurrections 
in the Commonwealth." 

JDE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That the first, third, fourth and 
filih sections of an act passed the sixth day of March, in 
the year of our Lord eighteen hundred and ten, entitled 
" An act in addition to an act, entitled An act for the more 
speedy and effectual suppression of tumults and insurrec- 
tions in the Commonwealth," from and after the passing 
of this act, be, and the same is hereby repealed. 
[This act passed February 28, 1811, 



CHAP. CXXIL 

An Act establishing The Sutton and Charlton Cotton, 
Woollen and Linen Association. 

Sec 1. OE ?/ enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Estes Howe, Aaron Tufts, and Persons iii, 
John Spurr, together with such others as may hereafter corporated. 
associate with them and their successors, be, and they are 
hereby made a corporation, by the name of The Sutton 
and Charlton Cotton, Woollen and Linen Association ; for ' 
the purpose of manufacturing cotton, woollen and flax in 
the county of Worcester, and for that purpose shall have 
all the powers and privileges, and shall also be subject to 
all the duties, requirements and disabilities prescribed and 
contained in an act,entitled "An act defining the general pow- 
ers and duties of manufacturing corporations," passed the 
third day of March, one thousand eight hundred and nine. 

Sec 2. Be it further enacted, That the said corpora- 
tion in their corporate capacity shall and may lawluUy 



§f2 CONGREGATIONAL SOCIETY. Feb. 28, 1811. 

hold and possess real estate, not exceeding forty thousand 
dollars, and personal estate not exceeding one hundred and 
twenty thousand dollars, as may be necessary and con- 
venient for carrying on the manufacture of cotton, woollen 
and linen in the said county of Worcester. 

[This act passed February 28, 1811."| 



CHAP. CXXIII. 

An Act in addition to an act, entitled An act to incorpo- 
rate Dummer Sewall and others, proprietors of the new 
meeting-house, in the town of Bath, into a religious 
society, by the name of The Congregational Society in 
the town of Bath. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in Ge?ieral Court assembled^ and by the 
authority of the same. That the said Congregational 
Society may, after the passing of this act, take the name 
name!^'^ and Style of The North Congregational Society, in the 
town of Bath, and by that name shall in future be called 
and known. 

Sec. 2. Be it further enacted. That the said Congre- 
gational Society be, and they are hereby empowered to 
Power to assess ouc half of any sum they may legally vote to be 
assess taxes, raised in the same, upon the polls and estates of the mem- 
bers of said society, and to assess and raise the other half 
upon the pews and seats, according to the provisions of 
their act of incorporation ; the half assessed on the polls 
and estates, to be assessed according as town taxes are 
assessed ; and the assessors of said society are hereby 
authorized to issue their warrant to the collector of taxes 
for said society, in the same manner and form as selectmen, 
issue theirs, for the collection of town taxes, and the col- 
lector shall have like powers and be liable to, like restric- 
tions and duties as collectors of town taxes are. 

[This act passed February 28, 1811.j| 



LIVP:RY stables— N. MILFORD. Feb. 28, 1811. 373 

CHAP. CXXIV. 

An Act to prevent Livery Stables being erected in certain 
places in the town of Boston. 

Sec. 1. JjE zY 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, no building shall be erected within the town of jivgry sta- 
Boston, and used and improved as a stable, for the taking bies. 
in and keeping horses or chaises, or other carriages, upon 
hire, or to let, commonly called Livery Stables, within one 
hundred and seventy feet of any church or meeting-house, 
erected for the publick worship of God. Provided hoxv- Provlso. 
ever, that this act shall not be so construed as to prevent 
the finishing of any stable which has been in part erected, 
if the completion thereof shall be approved by the Select- 
men of the ^wn of Boston. 

Sec 2. Be it further enacted, That for any oifence 
against the provision of this act, the owner or owners, 
keeper or keepers of such building shall forfeit and pay Forfeiture, 
the sum of one hundred dollars for every calendar month 
during which the same shall be so used and improved, to 
be recovered by action of debt, one half thereof to enure to 
the use of the poor of the town of Boston, and the other 
half thereof to him or them who shall sue for the same. 
[This act passed February 28, 1811.] 

CHAP. CXXV. 

An Act to change the name of the town of New Milford, 
in the county of Lincoln. 

XjE 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 
New Milford, in the county of Lincoln, shall cease, and the 
said town shall be hereafter known and called Alna, any 
law to the contrary notwithstanding. 

[This act passed February 28, 1811.] 



374 



FISH. 



Feb, 28, 1811. 



Preamble. 



CHAP. CXXVI. 

An x\ct res^ulating the taking of fish called Alewives, in 
Mill-River and JVlili-Brook, in the town of Duxbury. - 

W HEREAS, Abner Harlow, of said Dux- 
bury, is the owner of a mill-pond, lying- on the source of 
said Mili-Brook, and said pond being very convenient for 
the fibh called alewives, to cast their spawn in — 

Sec. I. B^ if enacted hy the Senate and House of Rep- 
resentatives in General Court assembled^ and by the 
authority of the same. That the fish called alewives, may 
be taken by the said Abner Harlow, or by whoever shall 
hereafter be the legal owner or owners of said mill-pond, 
in any part of said mill- brook, and at any time when it shall 
be most for his or their interest to take said fish, under 
such regulations and restrictions as is hereafter provided. 

Sec. 2. Be it further enacted, That the inhabitants of 
said town of Duxbury, at their meeting for the choice of 
town officers, in March or April annually, be, and they 
hereby are authorized and directed to appoint one person 
to oversee the taking of said fish, as aforesaid ; and the fish 
so taken by the said Abner Harlow, or his successors as 
aforesaid, shall, under the direction of said person so 
chosen, be distributed as equally as circumstances will 
admit, to such of the inhabitants of said town as may apply 
for the same ; and for fish so supplied and delivered, the 
said Abner Harlow, or his successors as aforesaid, shall 
demand and receive of the person or persons applying 
therefor, payment, at such rate or rates as the inhabitants 
of said town at their annual meeting in March or April, 
may direct ; the said Abner Harlow, and his successors 
as aforesaid, to pay all the expense that may be incurred 
in the preservation, taking and disposing of said fish. 

Sec 3. Be it further enacted. That if any person or 
persons shall obstruct in any manner whatever the passage- 
Forfeiture, way of said fish in any part of said river or brook, above 
Abraham's Island (so called) such person or persons so 
offending, shall forfeit and pay a sum not exceeding sixty 
dollars, nor less than thirty dollars. 

Sec 4. Be it further enacted. That if any person or 
persons, other than the owner or the owners of the aforesaid 



Inhabitants 
authorized 
to clioose 
overseers. 



OATHS. Feb. 28, 1811. 375 

mill-pond, or such person or persons as shall be by thcni 
employed, shall take any of the said fish in the said river or 
brook, or in any part of either as aforesaid, at any time, or Forfeitifre. 
by any means whatsoever, each person so offending, shall 
forfeit and pay a sum not exceeding ten dollars, nor less 
than two dollars^ for every such offence. 

Sec. 5. lie it further enacted^ That all penalties incurred 
by the breach of this act may be sued for and recovered, 
by the said Abner Harlow, or his successors, as aforesaid, 
in any court in the county of Plymouth, proper to try the Penalties in- 
same; and all sums so recovered, shall be appropriated, j'^^"^^ g^'^^" 
one moiety to the complainant, and the other moiety to the 
said Abner Harlow, or his successors as aforesaid ; and 
in case any minor shall offend against any part of this 
act, and thereby incur any or either of the penalties afore- 
said, in all such cases the parent, master or guardian of 
such minor or minors, shall be accountable dierefor ; and 
in case of prosecution of such minor or minors, for any 
offence, the action shall be commenced agamst the parent, 
master or guardian of such minor or minors, respectively, 
and judgment be rendered against any parent, master or 
guardian, in such case, in the same manner as for his or , 

their personal offence. 

I^This act passed February 28, 1811.] 



CHAP. CXXVII. 

An Act for the relief of persons who are scrupulous about 

taking oaths. 

Sec 1. JjE it enacted by the Senate and House of 
jRepresentatives in General Court assembled, and by the 
authority of the same. That whenever any persons shall 
be required to take or subscribe any oath, before he enters 
on the discharge of any office, place, or business, or on any Affiimatio. 
other lawful occasion, and such person shall be of the i"»^"'^<i ^^^ 
denomination of the people called Quakers, he or she shall ^^ 
be permitted to make affirmation, instead of the oath which 
is or may be by law prescribed, changing such parts of any 
such o.ith as ought to be changed, conformably to the 
constitution of this Commonwealth. 
A a a 



376 LIME—METHODIST SOCIETY. Feb. 28, 1811. 

Sec. 2. Be it further enacted^ That if any person shall 
vvihully, falsely, and corruptly, make or subscribe any 
such affirmation as aforesaid, he or she shall be liable to the 
same pains and penalties as are or may be by law provided 
against persons who wilfully, falsely and corruptly take or 
subscribe the oath for which such affirmation is substituted. 
[This act passed February 28, 1811.] 



CHAP. CXXVIII. 

An Act in addition to an act, entitled " An act to regulate 
the manufacture and inspection of Stone Lime and Lime 
Casks, passed the twenty- seventh day of February, in 
the year of our Lord one thousandeight hundred and ten." 



Sec. 1. JlJE it enacted by the Senate and House of 
Fepresentatives in General Court assembled^ and by the 
authority of the sanie^ That the inspector, or his deputy, 
appointed by virtue of the act aforesaid, shall be paid by 
the manufacturer, or owner of said Lime, four cents for 
Inspection cacli cask of Lime inspected and branded, according to 
of liiuc. the provisions of the same act ; and the said inspector 
shall be entitled to receive from any deputy he may ai)point, 
one cent, for every cask said deputy inspector shall inspect, 
and brand, according to the act aforesaid, to which this is 
in addition. 

Sec 2. Be it further enacted. That the fourth sec- 
tion of the act to which this is in addition, be, and hereby 
is repealed. 

[This act passed February 28, 1811.] 



CHAP. CXXIX. 

An Act establishing The First Methodist Society in 

Falmouth. 

Sec. 1. .13 E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Joseph W. Collins, Joseph 
Slurdevent, Joseph Drink water, Jeremiah Cushing, Reu- 



METHODIST SOCIETY. Feb. 28, 1811. 577 

ben Kezer, Solomon Sawyer, Joseph Blanchard, Ambrose 
Hamilton, John Curit,Ebenezer Hill, James Hamilton, Lem- 
uel Hamilton, Jonathan Hamilton, Nathaniel Hatch, Heze- Persons in- 
kiahWinslow,DanielIlsley,DanielBabb,BenjaminQuimby,*^«'P<''"^^^^- 
jun. Daniel Small, Joseph Small, Job VVinslovv, jun. Nathan 
Cloutman, Dean Frye, Moses Quimby, Benjamin Field, Na- 
thaniel Wilson, jun. Samuel Proctor, Nathaniel Partridge, 
Nathan Barnett, Charles Pike, Timothy Pike, Solomon 
Sawyer, Jotham Whitney, Stephen Bennett, Jonathan 
Webber, Simeon Webber, George Marston, John Mars- 
ton, 3d, Andrew Leighton, William Leighton, Ozni Har- 
ris, Amos Burnham, Samuel Frink, Obadiah Field, John 
Bracket, jun. Samuel Mountford, Obadiah Berry, Joshua 
Berry, Joseph Storer, Lemuel Hamilton, with their families 
and estates, together with such others as have or may 
hereafter have associated with them or their successors, be, 
and they are hereby incorporated as a separate religious 
society, by the name of The First Methodist Society in 
Falmouth and North Yarmouth, with all the powers and 
privileges to which parishes or religious societies are 
entitled, according to the constitution and laws of this 
Commonwealth. Provided however^ that all such persons Proviso, 
shall be holden to pay their proportion of all monies legally 
assessed for parochial purposes in the parish to which he 
or she formerly belouQ-ed. 

Sec 2. Be it further enacted^ That any person belong- 
ing to any other religious society, in either of the towns r'^etjiod of 
aforesaid, who may desire to join with the said Methodist ^so"jg"'^/'^^ 
Society, in the towns aforesaid, and who shall declare such 
intention, in writing, delivered to the parish clerk, or the 
clerk of such other religious society, and produce a cer- 
tificate, signed by the minister or clerk of said Methodist 
Society, that he or she has actually become a member of 
and united in religious worship with the said Methodist 
Society, on or before the first day of March annually, such 
person shall,from the date of such certificate, be considered, 
with his or her polls and estates, a member of said Metho- 
dist Society. 

Sec. 3. Be it further enacted^ That when any member 
of the said Methodist Society shall see cause to leave said J^^^!^"^ f 

J .^ • L I 1- • ... leaving' t,he 

society, and unite with any other religious society in the society. 
town in which he or she may dwell, or have their home, 
and shall give such notice of their intention, to the minister 



37S MEETING-HOUSE. Feb. 28, 1811. 

or clerk of the said Methodist Society, and shall also give 
in his or her name to the minister or clerk of such other 
society, fifteen days before the annual parish or society 
ineeting, such person shall, from the date of such certifi- 
cate, with his or her polls and estate, be considered a mem- 
Proviso, ber of such other society. Provided however, \\Ydi in every 
case of seceding from one society to, and joining another, 
every such person shall be held to pay his or her propor- 
tion of all parochial expenses, incurred previous to leaving 
such society. 

Sec 4. Be it further enacted, That any Justice of the 
Peace for the county of Cumberland, upon application 
Justice to is- therefor, is hereby authorized to issue a warrant, directed 
sue Warrant to somc member of said Methodist Society, requiring him 
to notify and warn the members ot said society, to meet 
at such time and place as shall be appointed in said war^ 
rant, for the choice of such officers as parishes or societies 
are by law empowered to choose at their annual parish or 
society meetings. 

[This act passed February 28, 1811.] 



CHAP. CXXX. 

An Act to 



► incorporate The Proprietors of the New Meet- 
ing-House, in the town of Braintree. 



VV HEREAS, a number of persons asso- 
ciated in the month of March, in the year of our Lord "bne 
Preamble, thousand eight hundred an ten, and did purchase a piece 
of ground, on which they have since erected and com- 
pleted a new meeting-house, for publick worship, in the 
town of Braintree — 

Sec 1. BE it therefore enacted by the Senate and House 
of Representatix>es in General Court aasenibled, and by the 
authority of the same. That Minot Thayer, John White, 
Pesons in. Alexander White, John Hay ward, Samuel Arnold, their 
ccrporated. associates and successors, be, and they hereby are consti- 
tuted and made a corporation and body politick, by the 
name of The Proprietors of the Union Meeting- House 
Corpoiatiop. ; and shall by that name sue and be sued, 
defend and be defendLd, in all actions in which said corpo^ 



MEETING-HOUSE. i^V^. 28, 1811. 379 

ration may be concerned ; have a common seal, which 
they mav aker at pleasure, and may also ordain and estab- 
lish such by-laws and regulations, and choose such officers 
as to them shall seem necessary. Provided^ such by-laws Proviso, 
and regulations shall be in no wise contrary to the laws of 
this Commonwealth. 

Sec. 2. Be it further enacted. That said corporation 
shall have full power to assess upon the individuals com- 
posing the same, in proportion to the number of shares in 
said meeting-house, subscribed for by each, such sum or 
sums of money as shall be sufficient to pay the debts now Power to as- 
due from said corporation, and all necessary future charges, ^^^^ monies. 
and to collect said assessments in such way and manner, 
and by such officers and agents as said corporation shall 
determine ; and said corporation shall also have power, by 
such officers or committee as they shall appoint therefor, 
to execute deeds of pews in said meeting-house, to pur- 
chasers thereof, and to convey said meeting-house, and the 
land thereto belonging, or any part of the same, to The 
Union Religious Society, or any member or members of 
the same, upon such conditions, and under such regula- 
tions as shall be agreed upon between said corporation and 
said society, or said members, reserving to individuals the 
pews owned and held by them respectively. 

Sec 3. Be it further enacted, That each proprietor, or pj jj^^^j^ote 
agent duly authorized, in writnig, shall have aright to vote 
in all meetings of said corporation, and be entitled to as 
many votes as he has shares. Provided, that no person iJKoviso. 
shall be entitled to more than ten votes. 

Sec 4. Be it further enacted. That the several meet- 
ings heretofore held by the associates hereby incorporated, 
and all proceedings thereat, conformable to the original 
articles of their association, necessary to carry the same 
into effi^ct, be, and hereby are confirmed and made valid 
in law, and the officers and agents heretofore chosen by said 
associates, shall continue officers and agents of this corpo- 
ration, until others shall be chosen in their stead. 

Sec 5. Be it further enacted, That any Justice of the j^jg^j^^^p^^ 
Peace in the towns of Weymouth or Braintree, is author- timeofmeet- 
ized to fix the time and place of holding the first meeting ^"S 
of the proprietors, by causing a written notification (certi- 
fying the purposes for which said meeting is called) to be 



EXECUTIONS AND WARRANTS. Feb. 28, 1811. 

posted up on the west door of the meeting-house, ten days 
at least previous to said meeting^. 

[This act passed February 28, 1811.] 



CHAP. CXXXI. 

, An Act to enforce the satisfaction and payment of execu- 

tions and warrants of distress, against certain corpo- 
rations. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same ^ Tiiat whenever any judgment has 
been, or may hereafter be recovered in any court of law, 
against any turnpike, bridge, canal, or other company, 
incorporated by law, with power to receive toll, the fran- 
chise of such corporation, with all the privileges and immu- 
ti(fn mSe li- "^^ics thereof, so far as relates to the right of demanding 
able for and receiving toll, as well as all other corporate property, 
debts. either real or personal, shall be liable to the satisfaction 

and payment of such judgment, and may be taken and 
sold on execution, at publick vendue ; the officer first 
giving notice of the time and place of sale, by posting up 
a notification thereof in any town, district or plantation, in 
which the clerk, treasurer, or any of the directors of said 
corporation may dwell, thirty days at least before the time 
of sale, and also by causing an advertisement, expressing 
the name of the creditor, the amount of said execution, 
and the time and place of sale, to be inserted three weeks 
successively, in some publick newspaper, published in any 
county, in which either of the aforesaid officers of said cor- 
poration may dwell, (if any such newspaper shall be there 
printed) the last publication to be at least four days before 
the day of sale. 

Sec 2. Be it further enacted^ That in the sale of such 
franchise, any person who will pay and satisfy said exe- 
Regulation cution, and all legal fees and expenses thereon, in consid- 
of sales. eration of being entitled to receive, to his own use, for 
the shortest period of time, all such toll as the said corpo- 
ration may by law be entitled to demand and receive, shall 
be considered as the highest bidder, and the same shall be 



EXECUTIONS AND WARRANTS. Feb. 28, 1811. 381 

struck off to him accordingly ; and the officer's return on 
said execution shall transfer to the purchaser all the privi- 
leges and immunities which by law belonged and apper- • 
tained to said corporation, so far as relates to the right of 
demanding and receiving toll ; and the said officer shall, 
immediately after such sale, be authorized and empowered in case of 
to deliver to said purchaser, possession of all the toll-houses purchase. 
and gates belonging to said corporation, in whatever county 
the same be situated ; and the said purchaser shall 
thereupon be entitled to demand and receive to his own 
use, all the toll which may accrue, within the time limited 
by the term of his purchase, in the same manner, and under 
the same regulations as the said corporation was before 
authorized to demand and receive the same. Provided vroyho. 
however, that the said corporation shall, in all other respects, 
retain the same powers, be bound to the discharge of the 
same duties, and liable to the same penalties and forfeit- 
ures as before belonged to and were required of them by 
law ; and provided also, that if the said corporation shall, 
at any time within three months from the time of such 
sale, pay over or tender to said purchaser such sums of 
money as he may have paid, in satisfaction of said execu- 
tion, with twelve per cent, interest thereon, in addition to of fhSes!°^ 
the toll which he may have received, then the said fran- 
chise, and all the rights, privileges and immunities thereof, 
shall revert to said corporation, and shall in all respects 
belong and appertain to them, as if the same had not been 
sold as aforesaid. 

Sec 3. Be it Jurther enacted, That all the rights, privi- 
leges and immunities aforesaid, shall be liable to attach- Attachment. 
ment on mesne process ; and when such attachment shall 
be made, or other service of a mesne process shall be made 
on any of the corporations aforesaid, the officer serving the 
same, shall leave an attested copy of said process, and his 
return thereon, with the clerk, treasurer, or some one of 
the directors of said corporation, thirty days at least before 
the day of the sitting of the court to which the same may 
be returnable. 

Sec. 4. Be it further enacted. That whenever any 
damages have been, or may hereafter be assessed to any ^^^^ ^,^ ^, 
person or body politick, either by the report of a commit, forfilnrges 
tee, or the verdict of a jury, for any injury sustained in his 
or their property, by the doing of any of the corporations 



382 



EXECUTIONS AND WARRANTS. Feb. 28, 1811. 



Proviso. 



Officers 
power. 



Place of 
meeting'. 



aforesaid, and the said damages shall remain unpaid for 
the space of thirty days after the final acceptance of such 
report or verdict, such person, or body politick, upon 
petition to any court, by which such report or verdict was 
accepted, shall be entitled to a warrant of distress a^^ainst 
said corporation, tor the damages so assessed, and the 
interest thereon, togerher with his or their reasonable costs ; 
and the officers to whom such warrant of distress may be 
delivered, miiy proceed to execute the same, in the same 
manner as is herein before provided for the levying and 
satisfaction of executions. Provided also^ that all such 
warrants of distress as may have ahead} been granted or 
issued, against any of said corporations, may be levied and 
satisfied, in the same manner as herein directed. 

Sec 5. Be it further enacted. That the officer who may 
levy any execution or warrant of distress, by virtue of 
this act, shall be authorized to adjourn the vendue from 
time to time, not exceeding ten days at any one time, until 
the sale shall be completed. 

Sec. 6. Be it further enacted, That all proceedings 
under the authonry of this act, may be had in any county 
in which either the creditor or the president, either of the 
directors, the treasurer, or clerk of said corporation, may 
reside or dwell. 

[This act passed i^£'6r«arz/ 28, 1811.] 



EXD OF JAJ^'UARY SESSIOJV, 18tl. 



INDEX 

TO THE LAWS PASSED JANUARY— 181L 



A • 

Academy, saco, established - - 262 

Asylum, Wiscasset Female, incorporated - - 299 

Actions of Scire Facias, defendants' relief of - 320 

B 

Bridge, over Androscoggin river atLevviston, additional act 283 
Linconvillc, 4th section of an act explained 348 

over Merimack river, between Haverhill and 
Newbury, additional act - - - 360 

Bethel, sale of Sch()ol and Ministry Lands authorized 344 
Brewster authorized to sell Ministry Lands, &c. - 358 

Braintree, Proprietors of the new Meeting House incor- 
porated - - - - - 378 

C 

Canal, Middlesex, additional act - - - 280 

Hancock Brook, proprietors incorporated - 317 

Company, Sandy Bay Pier, established - - 307 

The Ware Mining, incorporated - ^ 343 

Court, Supreme Judicial, times for holding in Middlesex, 

Worcester, and Berkshire altered - - 334 

Supreme Judicial, times for holding in Norfolk, 
Bristol, Plymouth, and Barnstable altered - 355 

Chase, Joshua, of Sutton, annexed to the North parish 365 

D 

District, Hopland School, incorporated - - 272 

Dogs, supplementary act, . . _ S62 

Debtors, Poor, act for relief of - - - 365- 

divorces, further regulated - ~ - 369 



INDEX. 

E 

Estates, wherein Judpres cf Probate may be interested, 

provision for settling - . . 261 

Rateable, to be ascertained - - 311 

Eden, title to a certain lot of land confirmed - - 277 

Executions, officers directed in the levy of - 324 

and Warrants of Distress, for enforcing against 

certain corporations - . - 380 

F 

Farmington, authorized to sell Ministerial and School 

Lands ..... 301 

Fish, taking in St. Croix river regulated - - 321 

.. for preservation in Penobscot river, &c. - 329 

., taking in Island river, in Maiden, regelated - 364 

,0 regulating act, for Ipswich, Hamilton and Wenham, 

repealed - - - - . . - 364 
.. taking in Ipswich river regulated ... S66 
.. taking in Mill river and Brook in Duxbury, regulated 374 

G 

Gun Powder, additional act for furnishing Inspectors with 

Howitzers 303 

Groton, empowered to sell certain real estate - - 351 

H 

Harwich, act respecting Meadows and Beaches in part 

repealed ..... 291 

Hawley, Gideon, Esq. set to the town of Sandwich 329 

Hospital, General, certain persons incorporated - 339 

I 

^Incorporation of towns, Exeter - - - 262 

New Charleston - . 266 

Garland - - - 267 

Robbinston, - - 268 

..V Eddington, • - 285 

Putnam, - - - 352 

Insurance, Union Marine, additional act - - 272 

Duxbury Marine, ... 354 

L 

Lincoln and Kennebeck, line between altered - 290 

Lovel, empowered to sell parsonage lands - - 292 

Lav;ds, reserved, provision for location - - 336 

Lime, stone, and casks, additional act for regulating 376 



INDEX. 

M 

Manufactory, Salem Iron, authorized to purchase ail the 
real estate of the Danvers and Beverly Iron 

Works Company - - - 255 

Sharon Cotton, incorporated - - 256 

York Cotton, incorporated - 257 

Portland Duck and Twine, incorporated 260 

Gardiner Iron, incorporated - 271 

Kingston Cotton and Woollen, incorporated 284 

Sutton and Charlton do. do. 371 
Mattakesset Creeks, in Edgartown, act additional to that 

incorporating the proprietors of - - 291 

Machias, Bucks Harbour Neck annexed to - - 292 
Morris, Charles and James H. annexed to the first parish 

in Gorham ----- 306 

Militia, fishermen exempted - - - 363 

N 

Nantucket, Proprietors of the first Congregational Meet- 
ing-house, incorporated - - - 282 
Names of certain persons altered - - - 337 
New Milford, called Alna - - - 373 

O 

Oaths, relief of persons scrupulous about taking - 375 

P 

Probate, Judge of, in York, to have further allowance 345 

Prisons, additional act for regulating - - 366 

S 

Sawin, Henry, &c. annexed to Waterford - - 269 

Smith, EHas, annexed to Amherst, - - 363 
Stables, Livery, erection in Boston, in certain places, to 

prevent . . _ . . 373 

Society, First Congregational, in Savoy, incorporated 269 

First Baptist, in Bellingham, incorporated 273 

Weymouth & Braintree Union Relg. established 275 

First Baptist, in Belfast, established - 278 

First Congregational, in Lyman, established 295 

First Baptist, in Amesbury, incorporated - 296 

Berkshire Agricultural, incorporated - 297 

,. First Methodist, in Falmouth, established - 376 
Episcopal Protestant, of St. Andrews Church, in 

Scituate, additional act - - 304 
First Baptist in Waterboro', Phillipsburg and 

Lyman, established - - - 300 



INDEX. 

Society, Bible, in Salem, incorporated - - 322 

.* Baptist and Independent, in Chester - 325 

Baptist, in Newbury and Newburyport, estab- 
lished ----- 332 
.. ' Methodist, in Winthrop, incorporated - 346 

First Universal, in Charlestown, incorporated 348 
Congregational, in Buxton, incorporated 350 

Second Religious, in Wiscasset, incorporated 361 
Methodist, in Falmouth and Sandwich, incor- 
porated - - . - 367 
Congregational, in Bath, additional act - 372 
T 
Taxact^ - ... - 369 
Trustees of Donations to the Protestant Episcopal Church, 

additional act . - - . 259 

of Grammar School Fund in Lincoln, incor- 
porated .... 286 
of Minors' property, to give bond .. - 326 
Templeton, authorized to sell Ministerial Lands 289 
Tyringham, part of, annexed to New Marlboro' - 352 
Turnpike, Alford and Egremont, proprietors allowed fur- 
ther time to complete - - 257 
Tyringham and Sandisfield, corporation estab- 
lished - - - - - 258 
Wrentham and Walpole, corporation allowed a 

further time to complete - - 259 

Fifth Massachusetts, additional act - - 265 

Housatonick River, allowed further time to 

complete - . . . 295 

Sixteenth Massachusetts, additional act 307 

Middlesex, additional act - - - 370 

Tumults and Insurrections, certain parts of an act for 

suppressing, repealed - - - 371 

U 

United States, land ceded for a Light House at Scituate 

harbour - - - - - 281 

Boom Island ceded to - - 32(» 

V 
Vassalboro' and Harlem, additional act respecting line 

between . _ . . - 288 

W >-^ 

Wilton, part of, annexed to Chestervill'e - - 270 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BV THE GENERAL COURT AT THEIR FIRST SESSION, 

COMMENCED 

ON THE LAST WEDNESDAY IN WAY, 

OvYP TIIOUS.IJVD EIGHT IfUJK'BRED AJVD ELEVEM 



CHAP. I. 

An Act to incorporate Tristram Barnard and others, by 
the name of the Dorchester Cotton and Iron Factory, 

Sec. 1. X3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That Tristram Barnard, William ^^ . 
Bordman, Joshua Davis, Caleb Loring, Thomas Curtis, corporated, 
and William Mdckay, with such others as hereafter may 
associate with them, theii successors or assigns, be, and 
hereby are made a Corporation, by the name of the Dor- 
chester Cotton and Iron Factory, for the purpose of manu- 
facturing Cotton and Iron in the town of Dorchester, and 
for that purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements contained 
in an act passed the third day of March, one thousand 
eight hundred and nine, entitled " An act defining the gen- 
eral powers and duties of manufacturing corporations." 

Sec 2. Beit further enacted^ That said corporation 
may be lawfully seized of such real estate, not exceed- 
inar the value of fifty thousand dollars, and possessed of „ 
such personal estate not exceeding the value of one hun- of property 
dred thousand dollars, as may be necessary and convenient allowed, 
for carrying on the manufacture of Cotton and Iron in the 
said town of Dorchester. 

[This act passed Jime 13, 1811.] 
Bbb 



;84 



INSURANCE COMPANY. 



June 13, 1811. 



CHAP. II. 

An Act in addition to an act, entitled ** An act in addition 
to an act, entitled an act to incorporate Isaac Story, and 
others, by the name of The Marblehead Social Insur- 
ance Company." 



Term ex- 
tended. 



Proviso, 



lE it enacted by the Senate and House of 
Representatives m General Court assembled^ and by the 
authority of theiXame, That the further term of two years 
from and after the seventeenth day of June next, be allow- 
ed to the stockholders in the Marblehead Social Insurance 
Company, to pay in the residue, being the last moiety of 
their instalments, and amounting in all to fifty dollars on a 
share in the capital stock of the said Company ; and that 
the said residue shall be paid in at such times, and in such 
proportions within the period aforesaid, as the directors of 
the said Company shall order or appoint, any thing in the 
act for incorporating said Company, or in the act to which 
this act is in addition, to the contrary notwithstanding. 
Provided however^ That nothing in this act shall be con- 
strued to exonerate or discharge the estates of the said 
stockholders from being liable in the manner, and for the 
purposes mentioned in the seventh section of the said act 
of incorporation. 

[This act passed June 13, 1811.] 



CHAP, III. 



Term eX' 

tended. 



An Act in further addition to an act, entlded " An act to 
incorporate Nicholas Thorndike and others, into a Com- 
pany, by the name of The Beverly Marine Insurance 
Company," 

JLjE 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 two years 
from and after the twenty-third day of August next, be al- 
lowed to the stockholders in the Beverly Marine Insurance 



Proviso. 



SECURITY FROM FIRE. June 14, 1811. 385 

Company, to pay in the residue, beins^ the last moiety of 
their instalments, and amounting in all to fifty dollars on 
a share in the capital stock of the said company. And that 
the said residue shall be paid in at such times, and in such 
proportions, within the period aforesaid, as the directors of 
the said Company shall order or appoint, any thing in the act 
for incorporating said Company, or in the act to which his 
act is in addition to the contrary notwithstanding. Pro- 
vided however^ That nothing in this act shall be construed 
to exonerate or discharge the estates of the said stock- 
holders from being liable in the manner, and for the pur- 
poses mentioned in the tenth section of the said act of in- 
corporation. 

[This act passed June 13, 1811.] 



CHAP. IV. 

An Act to secure the town of Newburyport from damage 

by Fire. 



Sec 1. IbE 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, no building of any kind whatsoever, which shall 
be more than ten feet high from the ground to the highest ^nd ^method 
point in the roof thereof, shall be placed, erected, or built of building. 
within the town of Newburyport, in the county of Essex, 
unless all the external sides and ends thereof, shall be 
built or composed of brick or stone, except so much as 
may be necessary for doors and windows, and all additions 
which shall be made to buildings already erected, and all 
buildings which shall be erected on old foundations in part 
or in whole, shall be deemed and considered within the 
restrictions and regulations of this act. Provided neverthe- ^. 
less, that upon any wharf, marsh, or other place, where no 
sufficient foundation can be obtained, without unreason- 
able expense, on permission of the Selectmen and Fire- 
wards of said town, or the major part of them in writing, 
wooden buildings of not more than two stories high may 
be erected, and the permission so given, shall within ten 
days next after the same may be so given, be recorded in the 



3S6 SECURITY FROM FIRE.^ June 14, 1811. 

records of said town : and provided also, that on permis- 
sion as aforesaid, wooden buildings may be erected on any 
part of the ground in said town, lying on the southerly and 
south v/esterly side of High Street so called. 

Sec. 2. Jind be it further enacted by the authority 
aforesaid, that all and every person, or persons who shcill 

Pine in case erect, place, or add to, or cause to be erected, placed, or 

of fofeiture. added to, any building or buildings, in said town of New- 
buryport, contrary to the true intent and meaniiig, and 
against the provisions of this act, shall forfeit and pay a fine 
of not less than fifty dollars, nor more than one thousand 
dollars, according to the nature and aggravation of the of- 
fence, to be recovered by information in the Supreme Judi- 
cial Court, in the county of Essex, which information it 
shall be the duty of the Attorney General, and Solicitor 
General to file in all cases which may come to his knowl- 
edge, or by indictment before said Court. 

Sec 3. And be it further enacted. That in addition to the 
fines above mentioned, there shall be laid and assessed upon 
every house, or other building, which shall be erected, placed 

Assessment, or built, contrary to the provisions of this act, the sum of 
fifty dollars annually, and every year, until the same shall 
be removed, and it shall be the duty of the asssessors of 
said town to assess upon the owi.er or owners of such 
building or buildings, for the time being the said sum of 
fifty dollars in addition to his, her, or their other taxes, to 
be collected, in the same wav and manner 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. 

Proviso Provided nevertheless, That no such annual tax shall be 
assessed on any building in said town, untill it shall have 
been made to appear in the Supreme Judicial Court, that 
such building has been erected, placed, or built in said 
town contrary to the provisions and restrictions of this act. 
[This act passed June 14, 1811.] 



Persons in- 



WOOL-& COTTON MANUFACT. June Yl, 1811. 387 



CHAP. V. 

An Act establishing the Holden Cotton and Wool 
Manufactory. 

Sec. 1. XjE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That James Eastabrook, Eleazer 
Rider, Abner Perry, Asa Greenwood, Joseph Rider, and corporated. 
Nathaniel Rider, together with such other persons as may 
hereafter associate with them, their successors and assigns, 
be and hereby are made a corporation, by the name of 
The Holden Cotton and Wool Manufactory, for the pur- 
pose of manufacturing cotton and wool in the town of 
Holden, in the county of Worcester, and for this purpose 
shallhave ail the powers and privileges and be subject to all 
the duties and requirements contained in an act passed in 
the year of our Lord, one thousand eight hundred and 
nine, entitled " An Act defining the general powers and 
duties of Manufacturing Corporations." 

Sec 2. Be it Jurther enacted. That the said corpora, 
tion may be lawfully seized of such real estate, not ex- possession 
ceeding the value of twenty thousand dollars, and such of property 
personal estate, not exceeding thirty thousand dollars, as allowed. 
may be neccssaay and convenient for establishing and 
carrying on the manufactory of cotton and wool in Holden 
aforesaid. 

[This act passed June 17, 1811.] 



CHAP. VI. 

An Act respecting Public Worship and Religious 
Freedom. 

■ 

VV HEREAS it is provided by the Consti-^ 
tution of this Commonwealth, " that every denomination 
of Christians demeaning themselves peaceably, and as Preamble, 
good subjects of the Commonwealth, shall be equally 
under the protection of the law j and no subordination of 



388 REl-IGIOUS FREEDOM. Jmie 18, 1811. 

any one sect or denomination to another, shall ever be 
established by law." Therefore, 

Sec. 1. BE it enacted by the Senate and House of 
Support of Representatives i?i General Court assembled^ and by the 
reiiiio" ^^ authority of the same, That all monies paid by any citi- 
zen of this Commonwealth to the support of public 
worship, or of public teachers of religion, shall, if such 
citizen require it, be uniformly applied to the support of 
the public teacher or teachers of his own religious sect 
or denomination, provided there be any on whose instruc- 
tions he usually attends, as well where such teacher or 
teachers is or are the teacher or teachers of an unincor- 
porated as of a corporate religious society : and it shall 
be sufficient to entitle any such teacher or teachers of a 
corporate or unincorporate religious society, to receive 
the same monies of the town, district, parish, or religious 
corporation, which shall assess, collect, or receive the 
same, that he be ordained and established according to 
the forms and usages of his own religious sect and de- 
nomination, although his parochial charge or duties may 
extend over other religious societies, according to such 
forms and usages. 

Sec 2. Be it further enacted. That whenever any 
person shall become a member of any religious society, 
Membership corporate or unincorporate, within this Commonwealth, 
o society, g^^,}^ membership shall be certified by a committee of 
such society, chosen for this purpose, and filed with the 
Clerk of the town where he dwells, such person shall for- 
ever afterwards be exempted from taxation for the support 
of public worship and public teachers of religion in every 
other religious corporation whatsoever, so long as he shall 
continue such membership. And the certificate of such 
committee may be as follows : — " We certify that A. B. 
of the town of , is a member of the religious 

society in the town of , called 

Dated this day of A. D. 18 . 

Committee. 



} 



Sec 3. Be it further enacted. That in case any dona- 
tion, gift, or grant shall hereafter be made to any unin- 
Grants, Sic. corporate religious society, such society shall have full 
power to manage, improve, and use the same, according 
to the terms and conditions on which the same may be 



WOOL 8c COTTON MANUFACT. June 18, 1811. 389 

made ; to elect suitable trustees, agents, or officers there- 
for ; and to prosecute and sue for any right which may 
vest in such society in consequence of such donation, gift, 
or grant. 

Sec. 4. Be it further enacted^ That all ministers or- 
dained agreeably to the usages of the sect or denomination 
to which they severally belong, whether over corporate or Ministers 
unincorporate society or societies, within this Common- exempt from 

i^u 1 II 1 ^L • c ^ • taxation. 

wealth, snail have the same exemptions irom taxation, as 
are given to stated ordained ministers of the gospel, in the 
town, district, parish, or plantation, where they are settled ; 
subject, however, to the same restrictions and penalties. 

Sec 5. Be it further enacted^ That all parts of acts 
inconsistent with this act, be, and the same are hereby 
repealed. 

[This act passed June 18, 1811.] 



CHAP. VII. 

An Act to establish the Turner Wool and Cotton 

Manufactory. ' ^ 

Sec 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Daniel Carey, John Turner, 
Oliver Pollard, Samuel Blake, Alden Blossom, together persons in- 
with such other persons as may hereafter associate with coi-porated. 
them, their successors and assigns, be, and hereby are 
made a corporation, by the name of The Turner Wool and 
Cotton Manufactory, for the purpose of manufacturing 
wool and cotton, in the town of Turner, in the county of 
Oxford, and for this purpose shall have all the powers and 
privileges, and be subject to all the duties and require- 
ments contained in an act passed m the year of our Lord 
one thousand eight hundred and nine, entitled " An Act 
defining the general powers and duties of Manufacturing 
Corporations. 

Sec 2. Be it further enacted^ That said corporation p^gggg^j^^^ 
may be lawfully seized of such real estate, not exceeding of property 
the value of twenty -five thousand dollars, and such per- allowed, 
sonal estate not exceeding the value of seventy-five thou- 



390 CLERKS OF COURTS. June 18, 1811. 

sand dollars, as may be necessary and convenient for 
establishing and carrying on the Manufactory of wool and 
cotton in Turner aforesaid. 

[This act passed June 18, 1811.] 



CHAP. VIII. 

An Act providing for the appointment of Clerks of the 
Courts in the several Counties, and for the safe keeping 
of the Judicial Records and Files, and for other purposes. 

Sec. 1. XJE it enacted by the Senate arid House of 
Representatives in General Court assembled^ and by the 
. authority of the same. That there shall be nominated and 

merits by the appointed by the Governor, with the advice of the Coun- 
Governor. cil, during pleasure ; one person in each county in this 
Commonwealth, who shall be Clerk of all the Judicial 
Courts holden in the same county, and shall have the care 
and custody of all the records, files, and proceedings which 
have heretofore been had, and now remain in the respec- 
tive offices of either of the Clerks of the Supreme Judicial 
Court or Court of Common Pleas ; and who shall be 
Clerk of all the Judicial Courts holden in the same county, 
under the authority of this Commonwealth, and who shall 
do and perform all the duties, services, acts, matters, and 
things, which he as Clerk of either of said Courts, ought 
by law to do and perform. 

Sec 2. And be it further enacted. That the several 
Duties of Clerks to be appointed by virtue of this act, shall keep a 
clerks. true and exact account of all the monies they shall receive 
by virtue of their office, and shall on the first Wednesday of 
January annually, render to the Treasurers of their respec- 
tive counties, under oath, a true account of the whole sum 
thus by them received, and after deducting twelve hun- 
dred dollars (if they shall have received so much) which 
shall be held and retained for their own use, they shall 
pay over the one half of all the residue to their respective 
County Treasurers for the use of the county. 

Sec 3. And be it further enacted, That every such Clerjc, 
before he shall enter upon the duties of his office, shall be 
sworn or affirmed to do and perform all the duties apper- 



CLERKS OF COURTS. June 18, 1811. 391 

taining to his office, and such Clerk shall also give bond^°"<^* 
to the Commonwealth to the acceptan. e of the Governor 
and Council in a penal sum, not less than ten thousand 
dollars, with two or more sureties, conditioned that he will 
well and faithfully do and perform all the duties and pay- 
over all the monies he is required by this act to do and 
perform, and for the safe keeping and immediate delivery 
of all the records, files, papers and muniments in said 
office to his successor, upon his leaving said office ; which 
bond shall be lodged in the office of the Treasurer of this 
Commonwealth. 

Sec 4-. And be it further enacted^ That each of the 
Clerks aforesaid shall be required to pay over to the Trea- 
surer of the county for which he may be appointed, all Time limit- 
monies received by him, which has heretofore been ordered edtopaythc 
to be paid into the County Treasury for the use of the 
County or Commonwealth within thirty days from the 
adjournment of the Courts at which he may have received 
the same 

Sec 5. Be it further enacted^ That upon any appeal 
hereafter made, entered or iji osecuted before the Supreme ^^^ptive 

JT . , ^ , . / . , , '■. and positive 

UQiciai Court (except m those counties w^here there is not rUities in 

any term of the Supreme Judical Court now holden) it case of ap- 
shall not be the duty of the appellant or pluintiff in review ^^^ ' 
to produce copies of the ca^f , suit or process, but it shall 
be the duty of such Clerk to produce and furnish all the 
original papers, as tlie same may remain on file in his of- 
fice with the docket of the Courts of the term when sifch 
action was terminated, and nothing hereafter shall be taxed 
for copies on any such appeal or review, except such 
papers, copies and documents, as the Justices of the Su- 
preme Judicial Court may oider to be furnished by the 
appellant or plainviff in review. 

Sec 6. And be it further enacted^ That it shall be the 
duty of the Court exercising the power of Courts of Com-t to jji-o. 
Session in each county as soon as convenient, to provide ""'^^ secure 
an office of stone or bricks, which shall be fire proof, well 
aricjiged and provided with suitable alcoves, cases and 
boxes, for the safe keeping of all the records, files, papers 
and documents, which novv remain in the Clerks' offices 
in the several counties, and which may hereafter accumu- 
late in such offices, at the expense of each county respec- 
tively, wliere such office has not already been provided. 
C c c 



392 TOWN OFFICERS; June 18, 1811. 

Sec. 7. And he it further enacted^ That the Clerks 
now in office shall continue to do and perform all the 
duties of their respective offices, until the first day of Sep- 
tember next, and until others are appointed and qualified 
according to the provisions of this act. And in case of a 
Vacancies to vacancy in said office, or the absence of any Clerk, the 
be filled. Judges of the several Courts are hereby authorised and 
empowered to appoint a Clerk, who is hereby authorised 
to do and perform all the duties of Clerk during such va- 
cancy or absence, and it shall be the duty of the several 
Clerks now in office to deliver over to their successors, all 
the records, files and papers in their respective offices, im- 
mediately upon the appointment of such successor. 

Sec 8. And he it further enacted^ That this act shall 
Time of the take effisct and have force from and after the first day of 
act to take September next, and all parts of acts inconsistent with the 
^ ^*'^' provisions contained in this act are hereby rej)ealed. 

[This act passed June 18, 1811.] 



CHAP. IX. 

An Act regulating the choice of Town Officers, and 
Town Meetings. 

Sec 1. X)E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That every male citizen of this 
Qualifica- Commonwealth of twenty-one years of ae:e and upVvards, 

tions oi A vo* • •• 

ter. liable to be taxed, who has resided within any town, plan- 

tation or district for one year next preceding his voting, 
shall be entitled to vote in such town, district or plantation, 
in the election of all town officers. Provided however^ That 

Pro\iso. no person shall be entitled to vote who is supported as a 
pauper, and every citizen as aforesaid, who has resided 
within any town, district or plantation, for one year as 
aforesaid, and during said term has been taxed for his 
poll, or any estate in any tax voted to be raised by said 
town, district or plantation, shall be entitled to vote in all 
other town affiiirs. 

Sec 2. Be it further enacted. That the election of 
Moderator of all town meetings for the choice of town 



ATTORNEY GENERAL, &c. June 18, 1811. 393 

officers, (excepting in the town of Boston) of Town Clerks, Elections to 
Selectmen and Assessors, shall be by written ballots, and be by ballot, 
during the election of the Moderator for any town-meet- 
ing, the Town Clerk shall preside and shall have all the 
powers and do all the duties which the Moderator of a 
lown-meetin^g now by law has and does perform. 

Sec 3. Be it further enacted^ That if the Moderator 
or Selectmen presiding at any town- meeting without the 
consent of the voter shall read or examine, or permit any i^'^Hot for 

^1 1-1 * . •' candidates 

other person to read or examine the name or names written not to be es- 
on his ballot or ticket v/ith a view to ascertain the name of amined till 
the candidate voted for, before the poll is closed, the Mo- ""^^'^ °^P°"' 
derator. Selectmen or Selectman so offending, shall each 
of them on conviction, forfeit and pay to the use of such 
town the sum of twenty dollars, to be recovered by in- 
dictment in any court proper to try the same. 

Sec 4. Be it further enacted^ That all parts of any 
acts inconsistent with this act, be, and the same are hereby 
repealed. 

[This act passed /z/w«? IS, 1811.] 



CHAP. X. 

An Act respecting the offices and duties of the Attorney 
General, Solicitor General, and county Attornies. 

Sec 1. XJE it enacted bij the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That, an act entitled " An Act re- ^^^ i-eneal- 
pealing the first section of an act entitled An Act respecting ed. 
the offices and duties of the Attorney General, Solicitor 
General, and County Attornies," passed the twentieth day 
of June, in the year of our Lord one thousand eight hun- 
dred and nine, be, and the same hereby is repealed. 

Sec 2. Be it further enacted, That the first section of revived 

an act entitled " An Act respecting the offices and duties 
of the Attorney General, Solicitor General, and County 
Attornies," be, and the same is hereby revived, 
[This act passed June 18, 1811.] 



394 STOUGHTON TURNPIKE. June 19, 1811. 



CHAP. XI. 

An Act for allowing further time to the Stoughton Turn- 
pike Corporation for completing their Road. 

XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the sa?ne, That a further time of two years 
from the twenty-third day of June, one thousand eight 
hundred and eleven, 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. 

[This act passed June 19, 1811.] 



corporated, 



CHAP. XII. 

An Act to estab'lish The First Baptist Society in Wool- 
wich, in the county of Lincoln. 

Sec 1. X3E it enacted by the Senate and House of 
Represe7itafives in General Court assembled, and by the 
authority of the same. That Samuel Stinson, William 
Hathorn, John Curtis, John Perkins, Charles Curtis, Tho- 
ro.^nrii"' "^^s Card Jun. Daniel Card, John K. Stinson, Stephen 
Stinson, Gideon Stinson, Charles Carter, Joseph Lancas- 
ter,Robert Hanson,John C. Delano,Nathaniel Tibbetts jun, 
Ebenezer Delano, John Doyle, Joseph Snell, Asa 
Snell, Benjamin Shaw, John Wright, Abner Brookins, 
Rol:)ert Perkins, Seth Hathorn, Charles Curtis jun. 
James Cross, Joshua Bayley, Joshua Bayley, jun. John 
3M. Bayley, Bradford Delano, Ebenezer Brookins, James 
Bayley, Samuel Mains, Daniel Card, jun. John Shaw, 
Benjamin Beals, Timothy Williams, John Card, John 
G. Gould, William Gray, Nathaniel Gould, Joshua 
Walker, Thomas Tibbetts, Jesse Bayley, Francis Cush- 
man, Jacob Savage, James Blen, jun. Barzilla Walker, 
Benjamin B;;yley, Simon Williams, Josiah Hedge, Daniel 
Walker, James Williams, Aaron Hilton, Andrew Savage, 
Joseph Wright, Joseph Brookins, Edward Farnum, Rich- 



BAPTIST SOCIETY. June 19, 1811. 395 

ard Mitchell, Daniel Bayley, Ezekiel Walker, Samuel 
Soule, Samuel Brookins, widow Eunice Brookins, and 
Susjinnah Elanchard, with their families and estates, be, 
and they are hereby incorporated, into a distinct religious 
society, by the name of The First Baptist Society in VVool- 
wich, with all the powers, privileges, rights, and immuni- 
ties to, and subject to all the duties which other religious 
societies are entitled to by the constitution and Liws of 
this Commonwealth. 

Sec 2. Be it further enacted^ That any and every per- 
son in the town of Woolwich, in the countv of Lincoln, 9"^^'^*^** 

,. c \ r, ' 1 •• I " • tions to con- 

being 01 the Baptist denomination, who may at any time stitute a 
hereafter, actually become a member of, and unite in reli- member, 
gious worship with said society in Woolwich, 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 by the 
minister or clerk of said society, that he or she has actually 
become a member of, and united in religious worship 
with said Baptist society fourteen days previous to the 
town or parish meetings to be held in the month of March 
or April annually, shall from and after giving such certifi- 
cate with his or her poll and estate, be considered as a 
member of said society. Provided however^ That such proviso, 
person shall be held to pay his or her proportion of all mo- 
nies assessed in the town or parish to which he or she be- 
longed previous to that time. 

Sec 3. Be it further enacted^ That when any mem- 
ber of said society shall see cause to leave the same, ar.d Requisite 
unite in relis:ious worship with any other relio-ious society, measures for 
and shall give in his or her name to the clerk of said Bap- society. 
tist society with a certificate signed by the minister or 
clerk of the town or parish where he or she may so unite, 
that he or she has actually become a member of, and unit- 
ed with such town or parish fourteen days previous to 
their annual meeting, and shall have paid his or her pro- 
portion of all monies assessed in said society previous 
thereto, such person shall from and after giving in such 
certificate, with his or her poll and estate, be considered 
as a member of the society to which he or she had so 
united. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace for !he aforesaid county, be, and he hereby is au- Je^gsu"^^ 
thorised to issue his warrant directed to some member of 



396 



DANA AND GREENWICH. 



Jime 19, 1811. 



said society,requiring him to notify all the members thereof 
qualified to vote in parish affairs, to assemble at some 
suitable time and place in said Woolwich, to choose such 
officers, and transact such matters and things, as other 
parishes are by law authorized and required. 

Sec. 5. Be it further enacted^ That so much of the 

act passed on the twentieth day of June, one thousand 

repealed. seven hundred and ninety-seven as is inconsistent with the 

intention of the present act, and as far as concerns the 

town of Woolwich, be, and the s£ime is hereby repealed. 

[This act passed June 19, 1811.] 



CHAP. XII. 

An Act to alter and establish the Line between the towns 
of Dana and Greenwich. 



B 



Boundaries 
desci'ibed. 



>E it enacted by the Senate and House of' 
Representatives in General Court assembled^ and by the 
authority oj the same. That the line between the towns 
of Dana in the county of Worcester, and Greenwich in 
the county of Hampshire, shall henceforth be as is herein 
described, viz. beginning at the southeast corner of New- 
Salem, thence east forty-six rods to land of William Cutler 
and William Cutter, thence south nineteen degrees west, 
ninety-six rods to a stake and stones, thence east forty-six 
rods to a stake and stones ; thence south one hundred and 
forty -six rods to a heap of stones on a rock, thence east 
fifty-four rods and one half rod to a maple tree, and a heap 
of stones, thence south two degrees and one half degree 
west, seventy-seven rods to a stake and stones ; thence 
south forty degrees west, sixteen rods to a white oak tree, 
thence south twenty degrees east, thirty two rods to a 
large pine tree, south twenty-one degrees west, forty-four 
rods to. a heap of stones, west two degrees and half a 
degree, north thirteen rods and half a rod to a stake and 
stones ; thence south twenty degrees west, sixty-seven 
rods to a heap of stones on a rock, thence east twenty-four 
degrees south, fifty-five rods to a heap of stones ; south 
eight degrees west, two hundred and nine rods, to a heap 
of stones ; east fourteen degrees south, one hundred and 



WALPOLE.— CHARLESTOWN. June 21, 1811. 397 

thirty rods and half a rod ; north forty degrees east, twenty 
rods, to Benjamin Richardson's corner ; east forty degiees 
south, one hundred and sixty-eight rods, to a stake and 
stones ; being the south-east corner of said Richardson's 
land ; thence south thirty -seven degrees west, one hundred 
and nine rods to a heap of stones in the west line of land 
belonging to Ephraim Thayer. 

[This act passed June 19, 1811.] 



CHAP. XIV. 

An Act to annex a part of the town of Sharon to the town 
of Walpole, in the county of Norfolk. 

XJE it enacied by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That a tract of land situate in 
Sharon, belonging to the heirs of Jonathan Fales, late of '^^^^^"^^^'^'^ 
Walpole, deceased, containing twelve acres and three 
quarters, bounded easterly on land of the heirs of Ebene- 
zer Baker, deceased, southerly on land of Oliver Clap, 
westerly on the Norfolk and Bristol Turnpike, northerly 
on land of David Allen, in a direct line of the dividing line 
between said towns, and the said tract above described, 
be, and the same is hereby set off from the town of Sharon, 
and annexed to the town of Walpole. 

[This act passed June 21, 1811.] 



CHAP. XV. 

An Act to annex Peter Tufts, and a part of his estate, to the 
town of Charlestown, in the county of Middlesex. 

J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Peter Tufts with his family, 
and that part of his estate lying in Medford,in said county of 
Middlesex, bounding northwesterly on the road leading 
to Medford bridge, northeasterly on land of Samuel Dex- 



398 BAPTIST SOCIETY. June 21,1SIL 

ter Esq. southwesterly on the road leading to Charlestown, 
the same being a triangular parcel of land of about five 
acres, together with all the buildings thereon standing, be, 
and is hereby set off from the town of Medford aforesaid, 
and annexed to the town of Charlestown, in said county 
of Middlesex. Provided however, That the said Peter 
Tufts with said estate sliall be holden to pay his proportion 
of all taxes now granted, assessed or ordered to be assessed 
by said town of Medford, in the same manner as they 
would have been if this act had not passed. 

[This act passed June 21, 1811.] 



CHAP. XVI. 

An Act to incorporate The First Baptist Society in the 
town of Rowley. 

SKC.l. Be i. enacted ^,. He S.„a.ancIIIouse Of 
^Representatives in General Court assembled, and by the 
authority q^ the same. That Timothy Morse, Moses 
Eersons in- Tennv, Joseph Pearson, Thomas R. Larkin, Nathaniel 
corporated. Harriman, Parker Smiih, John Savory, William Savory, 
Silas Hardy, Solomon Hale, Samuel Harriman, Richard 
Dow, Francis Hills, William Woodman, Obadiah Hills Jr. 
Samuel Wheeler, Obadiah Hills, Oliver Dole, Joshua 
Dummer, Samuel Dummer jun. John Thurla, Ebben 
Pearson, Joseph Hardy, Moses Harriman, Richard Kent, 
Amos Pilsliury, Samuel Wood, Nathan Longfellow, John 
Pearson, John Thurla jun. Elihu Pearson, Moses W. 
Thurla,Abner M. Cheney, Enoch Little,Benjamin Plumer, 
David Poor, Daniel Poor jun. Benj;miin Emerson, Thomas 
Nelson, Timothy Morse jun. Joseph S. Peabody, Artemas 
W. Perley, Stephen Dole, Daniel Cheney, Benjamin 
Jacobs, Peter Cloughlin, Paul Stickney, Jacob Lowell, 
Joseph Floyd, Samuel Dummer and Benjamin Chaplin, 
members of said religious society, together with their 
polls and estates, be, and they are hereby incorporated by 
the.name of The First Baptist Religious Society in Rowley, 
with all the privileges, powers and immunities to which 
other religious societies in this Commonwealth are by law 
entitled. 



BAPTIST SOCIETY. June 21, 1811, 399 

Sec. 2. And be it further enacted, That any person in ^i"^^'fi<^^' 

, n -n X '^ • ^ T • • 1 tions to con- 

the town of Rowley, or in the adjoining towns who may stitute a 
at any time hereafter actually become a member of, and member, 
unite in religious worship with said society, in said 
Rowley, and give in his or her name to the clerk of the 
parish to which he or she belonged, with a certificate signed 
by the minister and clerk of said society, or by a com- 
mittee chosen for that purpose, that he or she hath actu- 
ally become a member of, and united in religious worship 
with said Baptist religious society, in Rowley, fourteen 
days previous to the parish meeting therein, to be held in 
the month of March or April annually, shall from and after 
giving such certificate, with his or her polls and estates, be 
considered as a member of said society. Provided hoxv- 
ever, That such persons shall be held to pay his or her 
proportion of all monies assessed or voted in the parish, 
to which he or she belonged, previous to that time. 

Sec 3. And be it further enacted. That when any 
member of any of said society, shall see cause to leave the Requisite 
same, and unite in religious worship with the society in [^aSwhe"^ 
the parish in which he or s^ae may live, and shall give in society. 
his or her name to the clerk of said Baptist religious 
society, with a certificate signed by the minister and clerk 
of the parish with which he or she may unite, that he or 
she hath actually become a member of, and united in reli- 
gious worship with such other parish, fourteen days pre- 
vious to their annual meeting in March or April, and shall 
pay his or her proportion of all monies voted in said 
society, or raised previous thereto, shall from and after 
giving such certificate with his or her polls and estates, 
be considered as a member of the society to which he or 
she hath so united. 

Sec 4. And be it further enacted, That any Justice Warrant to 
of the Peace in the county of Essex, be, and he is hereby ^^ issued, 
authorised and empowered, to issue his warrant, directed 
to some suitable member of said society, to meet at such 
time and place as shall be appointed in said warrant, to 
choose such officers, and transact such other business, as 
parishes are by law entitled to clioose and transact in the 
month of March or April annually. 

[This act passed June 21, 1811.] 
Ddd 



40Q 



CORINTH.— N.W. RIVER CANAL. June'lY, 1811. 



CHAP. XVII. 

An Act to establish the town of Corinth. 



Boundaries 
described. 



Warrant to 
be issued. 



Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the township numbered two 
in the fourth range of townships north of the Waldo patent, 
in the county of Hancock, be, and hereby is incorporated 
and established as a town by the name *of Corinth, within 
the following described boundaries, viz. easterly by num- 
ber one, in the same fourth range, southerly by number 
two in the third range, westerly by number three in the 
same or fourth range, and northerly by number two in the 
fifth range; and the inhabitants of the said town of Corinth 
are hereby vested with all the powers and privileges, and 
subjected to the like duties and requisitions of other towns 
accordina: to the constitution and laws of this Common- 
wealth. 

Sec. 2. And be it further enacted, That any Justice 
of the Peace-for the county of Hancock, is hereby autho- 
rised upon application therefor, to issue a warrant directed 
to a freeholder and inhabitant of the said town of Corinth, 
requiring him to notify and warn the inhabitants thereof, 
to meet at such convenient time and place as shall be ap- 
pointed in said warrant, for the choice of such officers as 
towns are by law empowered and required to choose at 
their annual town meetings. 

[This act passed June 21, 1811.] 



CHAP. XVIII. 

An Act establishing The North West River Canal Cor- 
poration. 



Sec 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Joseph Fitch, Tyler Porter, 
Jonathan Barker, Joseph Lakin, David Potter, William 



NORTH WEST RIVER CANAL. June 21, 1811. 401 

Burns, Morril Hobbs, and Tyler Porter jun. Daniel Hill, Companyin. 
and Jonathan Poor, together with snch other persons as *^°''P°''* 
may hereafter be associated with them and their succes- 
sors, shall be a corporation, by the name of The North 
West River Canal Corporation, and by that name may sue 
and be sued, defend and be defended, prosecute and be 
prosecuted ; shall have a common seal, which they may 
at pleasure alter, and shall enjoy all privileges and powers, 
and do and suffer all such matters and things as are inci- 
dent to similar corporations. 

Sec. 2. Be it further enacted^ That the proprietors Empowered 
aforesaid, be, and hereby are empowered, within the^°^j^* 
term of five years from the passing of this act, to make a 
canal from Peabody's Pond in Baldwin, in the county of 
Cumberland, to Sebago Pond in Baldwin aforesaid, in the 
most convenient direction, and most suitable places for 
making said canal, and for loading and unloading, and 
transporting any lumber and other commodities therein. 

Sec 3. Be it further enacted^ That if any person Dam ag-e es< 
or persons, shall suffer any damage by means of said JSeiTees''^ 
canal, and the parties cannot agree upon the amount of 
damage thus occasioned, nor upon some suitable person 
or persons to estimate the same, then, and in such case some 
disinterested committee of three freeholders in said coun- 
ty, shall be appointed by the Court of Common Pleas in 
and for said county, and the determination of the commit- 
tee or referees so appointed, shall be the measure of said 
damage: Provided however^ That if either party shah be Proviso, 
dissatisfied with the report of said referees so appointed, 
and shall at the same session of the Court aforesaid, at 
which said report shall be made, apply to said Court to 
have his damages estimated by a jury in the manner other 
causes are determined, the Court aforesaid shall have 
power to determine the same by jnry as aforesaid, and if 
the verdict of the jury shall not give to the party applying 
a greater sum in damages than said referees shall have 
awarded as aforesaid, then the said Court shall award costs 
against the applicants, but if said last decision shall be 
more favourable to' the party applying than the report of 
said referees, then the said Court shall render judgment 
accordingly, and issue execution in either case. 

Sec 4. Be it further enacted, If any person or per- 
sons, shall wilfully and maliciously in any way destroy 



402 NORTH WEST RIVER CANAL. June 21, 1811. 

Forfeiture in or injure Said canal, or any works, or part thereof, or 
fuflnjurj! divert or obstruct the waters, to the damage of the pro- 
prietors thereof, he, she, or they shall pay treble the 
. amount of such damage, as said proprietors shall, before 
- the Court and Jury, before whom the trials shall be had, 
make to appear said proprietors have sustained by means 
of said trespass, to be sued for and recovered in any Court 
proper to try the same. 

Sec. 5. Be it further enacted^ That for the purpose 
of remunerating said proprietors, for the monies by 
them expended, and to be expended in building and sup- 
porting said canal, a toll be, and hereby is granted and 
Tollestab- established for the benefit of said corporation, their suc- 
hshed. cessors and assigns, at each slip, not exceeding five in 
mimber, according to the rates following, viz. For each 
mill log one cent ; for each thousand of clapboards and 
shingles, one and an half cents ; for each thousand of 
boards, plank, and slitwork, three cents ; for masts, 
spars, ranging and other timber, three cents per ton. 

Sec 6. Be it further enacted^ That said proprietors 
shall, as soon as said canal is, in the opinion of the Court 
May recover of Common Pleas in said county of Cumberland, or in 
by law. the opinion of a committee appointed by said Court, com- 
pleted, have power to recover the toll as aforesaid, on all 
the several articles as they pass and repass, and to retain 
them or any part of them, if payment should be refused. 
Sec. 7. Be it further enacted^ That upon the appli- 
cation of any three of said proprietors, to any Justice of 
the Peace in the said county of Cumberland, requesting 
]\rcihodof him to call a meeting of said proprietors, to be holden at 
r^aihngmeet- g^^^ Convenient place near said' canal, such Justice shall 
be, and is hereby empowered, to issue his warrant to one 
of said proprietors (requesting him to notify and warn his 
associates to meet at such time and place as shall be direct- 
ed in said warrant,) v.'ho, when met, may agree upon a 
method for calling future meetings of said proprietors, and 
do and transact all such other matters and things of the 
proprietary, as shall be expressed in said warrant, and not 
contrary to the lavv^-s and constitution of this Common- 
wealth. 

Sec 8. Be it further enacted. That said proprietors 
May hold be, and they hereby are authorised and empowered 
real estate, ^q purchase and to hold to them and their successors 



Persons in- 



BAPTIST SOCIETY. June 21, 1811. 403 

forever, so much real estate as shall be necessary for the 
purposes aforesaid, not exceeding five thousand dollars. 

Sec. 9. /ie it further enacted^ That each propri- Right of vot- 
ctor shall have a right to vote in proprietary meetings "^ff- 
according to his interest, either in person or by legal 
representation. 

[This act passed June 21, 1811.] 



CHAP. XIX. 

An Act to establish The Independent Christian Baptist 
Society in the town of Wells, in the county of York. 

Sec. 1. X3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Elisha Hatch, Samuel Mil- 
dram, Joshua Clark, Theodore Littlefield, Moses VV. corporated. 
Day, William Hobbs, Solomon Clark, Ebenezer Day, 
jun. Joseph Goodwin, Samuel Chaney, Daniel Sparkley, 
Alexander Cooper, Moses Cooper, Joshua Nason, John 
Cooper, Nathaniel Littlefield 3d. Benjamin Cooper, Wil- 
liam Warrin, John W^arrin, William W^arrin jun. Naij^ 
thaniel Grant, Riciiard Hodsdon, James Grant, Thomas 
Grant, Daniel Grant, Joseph Shorey, James Goodwin, 
John Wilkinson,John Plaisted, George Plaisted, Nathaniel 
Joy, Benjamin Hearl, William Hodsdon, Benjamin Hods- 
don, James Grant jun. Benjamin Pearce, Amos Nason, 
Ebenezer Wadley, John Kimball, Benjamin Kimball, 
Solomon Stevens jun. William Boston, Abraham Goodall, 
David Merrifield, Abram Boston, Abner Goodall, 
Nathaniel Littlefield, Asa Stuart, Warwick Hobbs, Samuel 
Shadburn, Asa Litdefield, Daniel Maxwell, Solomon 
Hatch, Joseph Goodwin jun. Benjamin Larrabee, Na- 
thaniel Hatch, Jedediah Gooch jun. and Joseph Hobbs, 
jun. with their polls and estates, be, and they hereby are 
incorporated by the name of The Independent Christian 
Baptist Society, in the town of Wells, with all the privi- 
leges powers and immunities, which parishes in this Com- 
monwealth by law enjoy. 

Sec 2. Be it further enacted, That any person in 
the towns of Wells or Berwick, who may at any time 



464 BAPTIST SOCIETY. June 21, 1811. 

Method of hereafter actually become a member of, and unite in reli- 

becomm^ . ,. r', 'it-j- • !••»• 

members, gious Worship With saiG rJaptist society, and give in his or 
her name to the clerk of the parish, to which he or she did 
heretofore belong, with a certificate signed by the minis- 
ter or clerk of said society, that he or she hath actuuiiy 
become a member of, and united in religious worship wiih 
said Baptist society, fourteen days previous to the parish 
meeting therein to be held in the month of March or 
April annually, shall from and after giving such certificate, 
with his or her polls and estate, be considered as a mem- 
ber of said society. Provided however, That such person 
shall be held to pay his or her proportion of all monies as- 
sessed or voted, in the parish to which he or she belonged, 
previous to that time. 

Sec 3. Be it further enacted. That when any mem- 

Measures to her of said society shall see cause to leave the same, and 

leaving." ^^ Unite in religious worship with any religious society in 
the town or parish in which he or she may live, and shall 
give in his or her name to the clerk of said Baptist society, 
signed by the minister or clerk of the parish, or other in- 
corporate society, with which he or she may unite, that he 
or she hath actually become a member of, and united in 
religious worship with such other parish or incorporated 
%eligious society, fourteen days previous to their annual 
meeting in March or April, and shall pay his or her pro- 
portion of all monies voted in said society to be raised 
previous thereto, shall from and after giving such certifi- 
cate with his or her polls and estate, be considered as a 
member of the society to which he or she may so unite. 
Sec. 4. Be it Jurther enacted. That any . ustice of the 

Warrant to Peace in the town of Wells, be, and he hereby is autho- 
c issue . j.jgpjj j^j-jj empowered to issue his warrant directed to some 
suitable member of said society, to meet at such time and 
place as he shall appoint in said warrant, to choose all such 
officers as parishes in this Commonwealth are by law en- 
titled to choose in the month of March or April annually, 
[This act passed June 21, 1811.] 



BAPTIST SOCIETY. ./««<? 21, 1811. 405 

CHAP. XX. 

An Act to establish The First Baptist Society in Fairfax. 

Sec. 1. 13 E it enacted by the Senate and House of 
Sepresentatives in General Court assembledy and by the 
authority of the same, That Jonathan Fairfield, Josiah Persons iiv 
Ward, Stephen Dexter, Nathan Dexter jun. Nathaniel corporated. 
Dexter, Silvan us Harlow, William Spratt, Samuel Ward, 
Richard Thanaiy, Stephen Hussey, Allen Wing, Benja- 
min Lewis, Daniel Stephens, Henry Baker, Zalmuna 
Washburn, Jabez Lewis, Michael Norton jun. Stephen 
T. Wiggen, Bela Burrell, Abraham Burrelljun. Thomas 
Dexter, Asa Burrell, jun. Japheth C. Washburn, John S. 
Fairfield, Japheth Washburn, Samuel Lewis, Job Billing- 
ton, John Dickey, and John Sturtevant, together with their 
polls and estates, be, and they hereby are incorporated by 
the name of The First Baptist Society in Fairfax, with all 
the privileges, powers and immunities, which parishes in 
this Commonwealth by law enjoy. 

Sec 2. Be it further enacted, That any person in 
said town of Fairfax, or in the town of Harlem, in the Method of 
county of Kennebeck, who may at any time hereafter, ^racmbS. 
actually become a member of, and unite in religious wor- 
ship with said Baptist society, and give in his or her name 
to the clerk of the parish to which he or she did heretofore 
belong with a certificate signed by the minister or clerk of 
said society, that he or she hath actually become a mem- 
ber of, and united in religious worship with said Baptist 
society, fourteen days previous to the parish meeting 
therein to be held in the month of March or April annu- 
ally, shall from and after giving such certificate with his or 
her polls and estates, be considered as a member of said 
society. Provided however^ That such person shall be 
held to pay his or her proportion of all the monies assessed 
or voted in the parish to which he or she belonged pre- 
vious to that time. 

Sec 3. Be it further enacted, That when any mem- Measures u?- 
ber of said society shall see cause to leave the same, and .'^^ *^^^" ^'^'' 
unite in religious worship with any other religious society 
in the town or parish in which he or she may live, and 



406 



BAPTIST SOCIETY. 



June 21, 1811. 



shall give in his or her name to the clerk of the Baptist 
society aforesaid, signed by the minister or clerk of the 
parish or other incorporate society with which he or she 
may unite, that he or she hath actually become a member 
of, and united in religious worship with such other parish 
or incorporated religious society, fourteen days previous 
to their annual meeting, and shall pay his or her proportion 
of all monies voted in said society raised previous thereto, 
shall from and after giving such certificate, with his or htr 
polls or estate, be considered as a member of the society 
to which he or she may so unite. 

Sec 4. Be it further enacted^ That any Justice of 
Warrant to the Peace in the towns of Fairfax or Harlem, be, and he 
fce issued, jg hereby authorised and empowered to issue his warrant 
directed to some suitable member of said society to meet 
at such time and place, as shall be appointed in said war- 
rant, to choose all such officers as parishes in this Com- 
' monwealth are by law entitled to choose in the month of 
March or April annually. 

[This act J)assed Jmie 21, 1811.] 



CHAP. XXI. 



Persons in- 
corporated. 



An Act to establish the Baptist Society in Saco. 

JjE it enacted hy the Senate and House of 
Representatives i?i General Court assembled^ and by the 
authority of the same. That Joseph Berry, Samuel Berry, 
Westbrook Berry, John Berry jun. John Boothby jun. 
I^emuel Boothby, Joseph Cole, Richard Dresser, Samuel 
Hains, David Libby, Solomon Libby, John Libby, 
Aaron M'Kenney, Abner M'Kenney, Samuel M'Ken- 
ney, John M'Kenney, John M'Kenney jun. Philemon 
M^'Kenney, Robert M'Laughlin, Stephen Milliken, Tho- 
mas Milliken jun. David Nicholson, George Parcher, 
Elias Parcher, David Ridley, Daniel Ridley, Asa Seavy, 
Eli Seavy, Ebenezer Seavy, Reuben Scavy, John Seavy, 
Anthony Starbord, William Sweetser, James Tyler, James 
Tyler jun. and William Woodsom, with their families 
and estates, together with such others as may hereafter 
associate with them and their successors, in the manner 



Baptist society. June 21, isii. 407 

provided by this act, be, and they are hereby incor- 
porated as a rchgioiis society, by the name of The 
Baptist Society iu Saco, with all the powers and privileges 
exercised and enjoyed by other religious societies, accord- 
ing to the constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted^ That any person living 
in either of the towns of Saco, Buxton, or Scarboro,' who Qualifica- 
may desire to join the said Baptist Society in Saco, shall ^'""^ ^" <^°** 
declare such intention in writing, delivered to the elder, member, 
minister, or clerk of the said Baptist society, fifteen days 
at least before their annual meeting, and if such person do 
receive, and can produce a certificate of admission, signed 
by the said eider, minister, or clerk, that such person has 
united with, and has actually become a member of the said 
Baptist society in Saco, such person shall, with his or her 
polls and estate, from the date of such certificate, be con- 
sidered a member of the said Baptist society. Provided 
however^ That every such person shall be holden to pay 
his or her proportion of all parochial expenses, in the 
society to which such person belonged, assessed and not 
paid, prior to leaving such society. 

Sec 3. Be it further enacted^ That when any mem- 
ber of the said Baptist society, shall see cause to leave the 
same, and to unite with any other religious society in the Requisite 
town in which such person may have liis home, shall give ""^ ^^"^^^ ^'^'^ 
notice of such intention in writing, to the minister, clerk, society. 
or committee of such other society, fifteen days, at least, 
before t!ie annual meeting ; and if such person do receive, 
and can produce a certificate of admission signed by the 
minister, elder, or clerk, of such other religious society, 
that such person has united with, and has actually become 
a member thereof, such person shall, with his or her polls 
and estate, be considered from the date of such certificate, 
a member of such other society. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace, for the county of York, upon application therefor, wan-ant to 
is hereby authorised to issue a warrant, directed to a be issued, 
freeholder and member of the said Baptist society, requir- 
ing him to notify and warn the members thereof, to 
meet at such convenient time and place as shall be ex- 
pressed in said warrant, for the choice of such officers 
as religious societies, have a right to choose at their an» 
nual meetings. 

[This act passed June 21, 1811.] 
E e e 



408 CONWAY.— MERIMACK CO. June21, 1811. 



CHAP. XXII. 

An Act in addition to the several acts defining the limits 
of the towns of Conway, Deerfield and Whately. 



Sec. 1. JJE it enacted bi/ the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That from and after the passing of 
Land set ofF. this act, all the land lying and being south of the north 
line of lot number sixteen in the long hill (west division, so 
called,) in the town of Deerfield, in the county of Hamp- 
shire, be, and hereby is set off from the said town of 
Deerfield, and annexed to the town of Conway in said 
county. 

Sec 2. And be it further enacted. That from and 
Boundaries after the passing of this act, the easterly line of the town 
fixed. Qf Conway, between the said town and the town of 

Whately, be, and hereby is established as follows, to wit, 
beginning at the southwest corner of Thomas Sanderson's 
land on the line of the town of Whately ; thence running 
north thirty-two degrees east,sixty-four rods and four links; 
thence north seven degrees and thirty minutes west, ninety- 
four rods ; thence north thirteen degrees east, eighty-eight 
rods to the north line of said lot, number sixteen, in said 
town of Deerfield. 

Sec 3. Be it further enacted. That all parts of acts 
inconsistent with the provisions of this act be, and the 
same hereby are repealed. 

[This act passed June 21, 1811.] 



CHAP. XXIII. 

An Act to incorporate John L. Sullivan aisd others, by the 
name and style of The Merimack Boating Company. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in Ge?ieral Court assembled, and by the 
Persons in- authority of the same, That the said Jolui L. Sullivan, 
corpora . j^.^ associates and successors, be, and hereby are incorpo- 



MERIMACK BOATL\G CO. , 7«;z^ 21, 1811. 409 

rated, and shall be a corporation for the term of twenty- 
years, under the name of The Merrimack Boating Com- 
pany, and by that name may sue and prosecute, and be Corporation 
sued and prosecuted, to final judgment and execution, and J^jf^yg^^ ^"^ 
shall be, and hereby are vested with all the powers and 
privileges which are by law incident to corporations, for 
the purposes, and only for the purposes, in this act pro- 
vided for. 

Sec. 2. And be it further enacted, That the said John 
L. Sullivan, his associates and successors, shall under this 
act have power and authority to have, own, and use boats ^^jti^orised 
for the purpose of transporting goods, wares and merchan- to use boats 
dize, the produce and manuflicture of the country, and ^"'^^°"j'^*' 
other things from the harbour of Boston to the westerly 
end of Middlesex Canal, and from thence up the river 
Merimack to the northerly line of this state ; and from the 
northerly line of this state on the said river and Middlesex 
Canal, to the harbour and town of Boston, and all the . 
intermediate places on the waters of Merimack river, and 
the harbour aforesaid. 

Sec 3. And he it further enacted hy the authority 
aforesaid. That the said John L. Sullivan may make an 
. application to any Justice of the Peace for the county of 
Suffolk, requesting him to call a meeting of the proprietors Provision for 
to be holden at some convenient place within the town of P*^^'"^™^^^" 
Boston, m the same county; whereupon such Justice is 
hereby empowered to issue his warrant, directing him to 
warn and notify said proprietors to meet at such time and 
place in said town of Boston, as he shall therein direct, to 
agree on such method as may be thought proper for call- 
ing meetings of the said company for the future ; and to 
do and transact such matters and things, relating to the 
said corporation, as shall be expressed in the warrant. 
And the proprietor to whom such warrant shall be directed 
shall give notice to the proprietors, by causing the same or 
the substance thereof, to be published in two of the Boston 
newspapers fourteen days before the holding of the said 
meeting, and make return thereof under his hand to the 
same meeting, to be lodged with the clerk to be then and 
there chosen. And the proprietors may at the same, or any J^'^f/'^*®*"* 
other legal meeting, choose a clerk, treasurer, agent and officers, 
other officer or officers of the Corporation, that they may 
deem necessary for ordering and regulating the business 



410 



SCHOOL DISTRICTS. 



June 21, 1811. 



and affairs of the said Corporation ; and every proprietor 
shall have a right to vote in the proprietary meetings, 
according to his share and interest, in person or by repre- 
sentation, each share having one vote. 

Sec. 4. ^nd be it enacted by the authority aforesaid^ 
That the corporation hereby erected, are authorised and 
Possession empowered to purchase, and hold to them and their suc- 
of property ccssors forcvcr, SO much personal estate consisting of boats 
and tackle, engines and apparel necessary for transporta- 
tion as aforesaid, and so much real estate as may be neces- . 
sary for the purpose of landing places and store-houses ; 
Proviso. Provided, the whole property does not exceed the value 
of one hundred thousand dollars, and comprehend no more 
than twenty acres of land, not more than two of which 
shall lie in Boston. And all property held by said Corpo- 
ration, shall be divided into one hundred shares, and shall 
be considered as personal property, and transferable by 
assignment. Provided, That all real estate held in any 
town by said Corporation shall be liable to taxation in such 
town, as other real estates are liable to be taxed. 

Sec 5. And be it further enacted by the authority 

aforesaid, That the property of the Corporation, and the 

Personal real and personal estate of the individuals respectively 

Property iia- ^^j^q composc the samc, shall be liable for the debts of the 

' Corporation ; and that any writ of execution issued- on any 

judgment against the said Corporation, may be levied on 

any estate of the said Corporation, or on any estate real or 

personal of any individual who is a member of said Corr 

poration. 

[This act passed June 21, 1811.] 



CHAP. XXIV 



I'jcjinible. 



An Act 



supplementary to the acts respecting School 
Districts. 



W] 



HEREAS it sometimes may happen that 
the sums assessed on the several persons in a School 
District cannot be collected of them, and doubts have 
arisen, whether, in such case, the assessors are authorised 
by law to remit stich taxes. Therefore, 



WALPOLE.— BREWSTER. Jime 21, 1811. 411 

BE it enacted by the Senate and House ef 
Repres-entatives in General Court assembled, and by the 
authority of the same, That the assessors of the several 
towns and districts in this Commonwealth, be, and they Assessors 
hereby are vested with the same powers to remit sums of Jq^jI'J'^'J^^ 
money assessed on the inhabitants of any School District, monies. 
for the purpose of purchasing, building, repairing or fur- 
nishing school houses, as they have to remit any sums of 
money assessed on the inhabitants of any town or district, 
for defraying town or district expenses. 

[This act passed June 21, 1811.] 



CHAP. XXV. 

An Act to annex Isaac Smith and John Ellis jun. to the 
town of Walpole. 

-De it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Isaac Smith and John Ellis 
jun. of Walpole, in the county of Norfolk, with their polls 
and estates,lying and being in said Walpole, be, and hereby 
are set off from the third parish in Dedham, and re-annexed 
to the said town of Walpole. 

[This act passed June 2\y 1811.] 



CHAP. XXVI. 

An Act to annex Daniel Rog-ers, to the town of Brewster, 



B 



►E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Dimiel Rogers, with his 
family and estate, be, and hereby is set oif, from the town 
of Harwich, and annexed to the town of Brewster, there to 
do the duties and exercise the privileges of other inhabi- 
tants of the said town of Brewster. 

[This act passed June 21, 1811.] 



412 CARMEL.— TURNPIKE CORP. June 21, 1811. 



CHAP. XXVII. 



Boundaries 
described. 



An Act to establish the town of Carmel. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the township numbered three 
Town incor- in the second range of townships, north of the Waldo 
porated. patent, in the county of Hancock, be, and hereby is estab- 
lished as a town, by the name of Carmel within the follow- 
ing described boundaries, viz. easterly by the township 
numbered two in the same range, southerly by number 
two in the first range, westerly by number four in the same 
or second range, and northerly by number two and number 
three in the third range. And the inhabitants of the said 
town of Carmel are hereby vested with all the powers and 
privileges, and subjected to the like duties and requisitions 
of other towns according to the constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice of the 
Peace, for the county of Hancock, is hereby authorised to 
issue a warrant directed to a freeholder and inhabitant of 
the said town of Carmel, 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 ofiicers, as towns are by law required to choose 
at their annual town meetings. 

[This act passed June 21, 1811.] 



"Warrant to 
be issued. 



CHAP. XXVIII. 

An Act in addition to an act, entitled " An act to estab- 
lish The Middlesex Turnpike Corporation, and to the 
several acts in addition thereto." 



W HEREAS by an act of the Legislature, 

Preamble, passed February 28, 1811, The Middlesex Turnpike 

Corporation, were authorised to erect one of their gates, 

on any part of their road between the old road in Lexing- 



BAPTIST SOCIETY. June 21, 1811. 413 

ton, and the old road in West Cambridi^e, near the foot of 
the rocks (so called), by which act, sundry persons feel 
themselves aggrieved. Therefore, 

Sec. 1. BjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That all the inhabitants of the 
town of Lexington, and Nathan Harrington, James Persons in- 
Wright, Isaac Reed, Silvanus Wood, and Abel Pierce, of ^°^P°^^*^^- 
Wobiirn, and their families, and all fuiure occupants of 
their farms, shall have the liberty of passing and repassing 
on the old county road,and through the gate (should a gate 
be erected on said old road) at all times free of toll, provided 
they travel on said old county road. 

Sec 2. Be it further enacted, That William Blan- 
chard, Samuel Hoar, and Joseph Barrett Esq. be, and Commisson- 
hereby are appointed commissioners, and authorised to ^^^ ^pp^'"^' 
establish the gates on the Middlesex Turnpike road 
according to the provisions of the several acts, estab- 
lishing said Turnpike Corporation, and the report of 
said commissioners, or any two of them, made and filed in 
the office of the clerk of the Court of Common Pleas, for 
the county of Middlesex, shall be held and considered a 
legal establishment of said gates. 

^EC. 3. Be it further enacted. That said Corpora- Possession 
tion may purchase and hold real estate for the accommo- of property 
dation of their road, to any amount not exceeding fifteen ^'*^'^^'^- 
thousand dollars. 

[This act passed June 21, 1811.] 



CHAP. XXIX. 

An Act to incorporate a number of the inhabitants of the 
district of Hiram, by the name of The Baptist Society 
in Hiram, in the county of Oxford. 

Sec 1. 13 E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Loam mi Baston, Royal Persons m 
Baston, VVinthrop Baston, Aaron Cross, John Fitz, James corporated 
Fitz jun. James Gilmore, Samuel Hooper, Ephraim Kim- 
bail, Edward Lewis, Josiah Maybery, Asa Osgood, 



ons in-. 



414 LUBECK. June 21, 1811. 

Aaron Richardson, Edward Richardson, John Watson, 
John Watson jiin. and Thomas B. Watson, with their 
families and estates, together with such others as may 
hereafter associate with them and their successors, be^ and 
they are hereby incorporated and established as a religious 
society, by the name of The Baptist Society in Hiram, 
with all the powers and privileges of other religious socie- 
ties, according to the constitution and laws of this Corn- 
Proviso, mon wealth. Provided however. Each of the persons, 
before named, and all others who may hereafter associate 
with them or their successors, shall be holden to pay his 
or her proportion of all parish or society assessments and 
expenses incurred, assessed and not paid in any society, 
to which they formerly belonged, or attended public wor- 
ship. 

Sec 2. Be it further enacted. That any Justice of 
Wan-ant to the Peacc, for the county of Oxford, is hereby authorised, 
be issued, ypon application therefor, to issue a warrant, directed to 
some member of the said Baptist society, requiring him to 
notify and warn the inhabitants thereof, to meet at such 
convenient time and place, as may be expressed in the 
said warrant, to organize the said society, by the election 
of its officers. 

[This act passed June 21, 1811.] 



CHAP. XXX. 

An Act to divide the town of Eastport, and to establish a 

part thereof as a separate town, by the name of 

Lubeck. 

Sec. 1. jDE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That all that part of the town of 
Eastport, as contained, and described within the following 
boundaries, be, and the same is hereby established as a 
Bonndaries separate town, by the name of Lubeck, viz. southerly by 
described, the Bay of Fundy, or Atlantic Ocean, easterly by a line 
drawn from the easterly point of West Quoddy head 
through the narrows into Passamaquoddy bay, and betU'cen 
Campo Bella island, and mark on Frederick island, includ- 



LUBECK. June 21, 1811. 415 

ing Green Island, northerly by the middle of the channel, 
between Moose Island and Dudley Island, and following 
said channel between Goves Point and Birch Point, and 
between Denbo'sNeck and Fall Island; thence up Straight 
Bay, to a white pine tree, marked 1785 N. E. N. W. ; 
thence by a line of trees, south nine degrees thirty minutes 
east, four miles, three hundred and twelve rods, to a spruce 
tree on the northerly shore of Haycock's harbour, marked 
1785 S. W. S. E. ; and from thence through the middle of 
said harbour, to the Bay of Funday, including all the 
islands and inhabitants within the above described boun- 
daries ; and the said town of Lubeck is hereby vested with 
all the powers and privileges, and is also subjected to the 
same duties and requisitions of other towns according~^to 
the constitution and laws of this Commonwealth. 

Sec 2. Be it further enacted. That the four lots of 
publick land in the town of Eastport, of three hundred and Division of 
twenty acres each, shall be equally divided between the P"''^^^ ^^"'^^^• 
said towns of Eastport and Lubeck, and Messieurs Solo- 
mon Gushing, Otis Lincoln, and Moses Lincoln, are here- 
by appointed a committee to divide the same, equal in 
quantity and quality, they giving seasonable notice to the 
b^ciectmen of each town, of the time and place of entering 
upon the duties hereby assigned them, and their report 
being recorded in the records of each of said towns of 
Eastport and Lubeck, shall operate as a confirmation of 
said land to each of said towns, according to said division, 
any law or resolve to the contrary notwithstanding. 

Sec 3. Be it further enacted. That the inhabitants and 
proprietors of land in the said town of Lubeck, shall be 
holden to pay their proportion of all taxes already voted to Holden to 
be raised or assessed by the town of Eastport, and also P.^^' P'yP°^'" 

, . • p 11 11-11 11 • tionsoftaxes 

to pay their proportion or all public debts due and owing and debts. 
by the said town of Eastport, at the time of passing this 
act; and also to pay their proportion of the expense of sup- 
porting the poor, now belonging to the town of Eastport, 
incurred previous to the passing of this act, according to 
the present taxable property of the towns of Eastport and. 
Lubeck, and the settlement and support of the poor in 
time to come shall be determined according to their local 
residence and situation, prior to the passing of this act. 

Sec 4. Be it further enacted. That the said town of 
Lubeck shall be entitled to demand and receive its pro- 
Fff . 



416 



LUBECK. 



June 18, 1811. 



ir.uT. 
cU, Sec 



Proviso. 



portion of all the public stock of the town's arms, ammuni- 
tion, or any other property whatsoever, and also to receive 
Provlsionfor its proportion of all monies voted to be raised or assessed 
for the building a house for the poor, in said Eastport, 
and of all materials and furniture belonging to, or pur- 
chased for the same, and a receipt of the money or other 
property, shall operate as a release of all the right and 
interest of the said town of Lubeck therein. And the 
powers and duties of all the present town officers of East- 
port shall continue until the same are completed, notwith- 
standing the organization of the said town of Lubeck. 
Provided however^ That until the population of the said 
town of Lubeck shall be sufficient to entitle them to a sepa- 
rate representation in the Legislature, the said town shall 
continue to join with the town of Eastport in the election 
of a representative, and shall pay its proportion thereof 
accordingly, and at all meetings which shall be holden for 
the election of such representative, the Selectmen of East- 
port shall preside, and do and perform all the duties which 
Selectmen at such meetings are bound by law to do and 
perform. 

Sec 5. And be it further enacted. That any Justice of the 
Peace for the county of Washington, is hereby authorised 
to issue a warrant directed to a freeholder of the said town 
of Lubeck, requiring him to notify and warn the inhabitants 
to meet at such convenient time and place, as may be 
appointed in said warrant, for the choice of such officers 
as towns are by law required to choose or appoint at their 
annual town-meetings. 

[This act passed June 21, 181 1.] 



Warrant to 
be issued. 



METHODIST SOCIETY. June 21, ISU. 417 



CHAP. XXXI. 

An Act establishing The First Methodist Society in 
Salisbury. 

Sec. 1. -13 E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That John Merrill, Moses Pike, persons in. 
Joseph Pettengill, Benjamin Stevens, Levi Jackman, coi-porated 
Jacob Buswell, Abel Eaton, Jesse Carr, Jacob Busvvcll Jr. 
John Pike, Daniel Carr, Osgood Carr, Samuel Merrill, 
John Merrill jun. Chase Stevens, Daniel Eaton, Benjamin 
French, Samuel Eaton, Moses Deal jun. Samuel True Jr. 
Moses True, Henry True, Samuel True 4ih. Moses 
Pike Jr. Moses Pike 4th. Caleb Merrill, Samuel E^on Jr. 
Samuel Pike, Silas Pike, Benjamin Merrill, Elias Pike, 
John French jun. Joseph Pettingill jun Caleb Pike 3d. 
Nathaniel Jackman, Elisha Eaton, Archalus Eaton, Rich- 
ard Eaton, with their families and estates, together with 
such others as have or may hereafter associate with them 
or their successors, be, and they are hereby incorporated 
as a separate religious society, by the name of The First 
Methodist Society in the town of Salisbury, with all the 
powers and privileges to which parishes or religious socie- 
ties are entitled, according to the constitution and laws of 
this Commonwealth. Provided however, That all such proviso, 
persons shall be holden to pay their proportion of all 
monies legally assessed upon them and their estates, for 
parochial purposes in the parishes to which he or she 
formerly belonged. 

Sec 2. Be it further enacted. That any person 
belonging to any other religious society, in the said town 
of Sahsbury, who may desire to join with the said Metho- Quailfica 
dist society, in the town aforesaid, and who shall declare^'?' 
such intention in writing, delivered to the parish clerk, or member, 
the clerk of such other religious society, and produce a 
certificate, signed by the minister or clerk of said Metho- 
dist society, that he or she has actually become a member 
of, and united in religious worship with the said Metho- 
dist society, on or before the first day of March in any 
year, such person shall from the date of such certificate, 



ons lo con- 
ute a 



418 



STATE PRISON.- 



Jwie2l, 1811. 



be taken for 
leaving. 



be considered with his or her polls and estates, a member 
of said Methodist society.- 

Sec. 3. Be it further enacted. That when any mem- 
Measures to ber of the said Methodist society shall see cause to leuve 
said society, and unite with any other religious society, m 
the town in which he or she may dwell or have their honie, 
and give such notice of their intention, to the minister or 
clerk of the said Methodist society, and shall also give in 
his or her name to the minister or clerk of such other 
society, and from them or either of them produce a cer- 
tificate to the said Methodist society, that they have 
actually become members of such other society, fifteen 
days previous to the annual parish or society meeting, 
such person shall from the date of such certificate, with 
his or her polls and estate, be considered a member of such 
Proviso. other society. Provided however, That in every case of 
seceding from one society to, and jommg another, every 
such person shall be held to pay his or her proportion 
of all parochial expenses, incurred previous to leaving such 
societ3% 

Sec 4. Be it further enacted. That any Justice of 
the Peace for the county of Essex, upon application there- 
Warrant to for, is hereby authorised to issue a warrant directed to 
Reissued, some member of said Methodist society, requiring him to 
notify and warn the members of said society to meet 
together at such time and place, as shall be appointed in 
said warrant, for the choice of such officers as parishes or 
religious societies are by law authorised and empowered 
to choose at their annual parish or society meetings. 
[This act passed /w726^ 21, 1811.] 



CHAP. XXXII. 

An Act providing for the Government and Regulation of 
the State Prison. 



Criminals 
giEBtcucecl. 



Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the sa?ne. That criminals convict, sentenced 
to confinement to hard labour for life or any other term, 
or to solitary imprisonment and hard labour, shall, and may 



STATE PRISON. June 21, ISlh 419 

be imprisoned, restrained and employed in, and widiin the 
precincts of the State Prison, situate in Charlestovvn, in the 
coiintv of Middlesex ; and the Court before whom such 
conviction may be, are hereby authorised and empowered 
by warrant under their seal directed to the Warden of said 
prison, to cause ail such convicts, as soon as conveniently 
may be after sentence, to be removed from any goal in the 
respective counties of the Commonwealth to the State Pri- 
son aforesaid, and the said Warden, and all Sheriffs, and ^uty of she- 
Keepers of the goals aforesaid, are hereby required strictly riffs. Keep- 
to observe and obey the directions contained in any such ^'"^' ^^' 
warrant ; and it shall be the duty of the Clerk of any such 
Court to make out such warrant as soon as may be, and to 
deliver the same to the Sheriff of the county, where such 
conviction may be, who is hereby directed to cause the 
same to be transmitted and delivered to said Warden, who 
shall by himself, or such person as he may appoint for that 
purpose, forthwith cause the same to be executed and 
returned, pursuant to the precept thereof. 

Sec 2. Be it further enacted^ That it shall be the 
duty of said Warden to receive such persons as may be Duties of the 
convicted before any Court of the United States, at any ^^^rden. 
term • thereof, holden within this Commonwealth, and 
senteaced to confinement and hard labour, by any such 
Court, and all such convicts safely to keep, pursuant to 
their sentence, until they shall be discharged by due course 
of the laws of the United States. 

Sec. 3. Be it further enacted^ That the Governor, 
by and with the advice and consent of the Council, be, and 
hereby is authorised to appoint and commission during Qo^.g,.noi. <^^ 
pleasure, a suitable person as Warden of said Prison, who appoint 
shall have the care, custody, rule and charge of the same, Warden. 
and of all persons confined therein, and of all lands, build- 
ings, machines, implements, tools, materials, stock and 
provisions, appurtenant or belonging to the same, or the 
precincts thereof. And it shall be his duty to serve, 
execute and return all process within the precincts of said 
prison, and such process shall be directed to him accord- 
ingly. And he shall also be commander of the military 
force,for guarding said prison; and he shall be the treasurer 
of saixl prison, and receive, pay out, and be accountable for, 
all -the money granted for maintaining the same, or derived 
from manufactures and all other concerns of the prison, 



420 



STATE PRISON. 



June2ly 1811. 



Duties ofthe and he shall cause regular entries to be made by the Clerk, 
Clerk. jj^ j.|^g books of the prison, of all the pecuniiiry and other 

necessary concerns of the establishment, and it shall be his 
duty twice a year, and at the commencement of every 
session, to render to the General Court, a fair account 
. examined and approved by the directors, of all the expenses 
and disbursements, and of all the receipts and profits on 
account of said prison, and a statement of its general 
affairs. And the said Warden shall give bond to the 
Commonwealth in the sum of twenty thousand dollars, 
with sufficient surety to be approved by the Governor and 
Council, and upon condition that said Warden shall f;iith- 
fully perform all the duties incumbent upon him as War- 
den of said prison. 

Sec 4. Be it fuTther enacted^ That the Governor, by 
and with the advice and consent of the Council, be, and 
hereby is authorised to appoint and commission during 
pleasure, three discreet persons to be Directors of the 
State Prison, who shall have power from time to time to 
appomt during pleasure, all such officers, agents and ser- 
vants, as they may deem necessary, for the well ordering, 
upholding, and maintaining of the State Prison ; to define 
their powers, and prescribe their duties, and to ascertain 
and fix their compensations ; to make, ordain, and estab- 
lish all such rules, by-laws, orders, and regulations, not 
repugnant to the laws of the Commonwealth, as they may 
from time to time see fit for the government and direction 
of the said Warden, and all other officers, agents and ser- 
vants of said prison, and, as may be proper for the main- 
etenanc, employment and instruction of the convicts, and 
for the purchase of all materials, machines, tools and imple- 
mentb,provisions, medicines and clothing, for the use ofthe 
officers, and for the use of the convicts, and for the sale 
and disposition of any articles, tools, or manufactures 
which belong to said prison ; and they shall have the sole 
and exclusive power of directing all matters and things, 
relating to said prison, the officers, agents, and servants 
thereof, and of all convicts therein, and as to the manner of 
keeping the books and accounts of said prison, which 
books and accounts it shall be their duty from time to 
time to examine. They shall have povver also, with the 
approbation of the Governor and Council, to make such 
additional buildings or alterations, within the bounds of the 



Directors 
to be ap- 
pointed. 



To make by 
laws, &c. 



Powers of 
the Direc- 
tors. 



STATE PRISON. June 21, 1811. 421 

prison, as they may deem necessary. And said Directors 
shall cause a copy of all by-laws, rules, orders and regula- 
tions established by them, to be laid before the Governor 
and Council, at the next meeting- after the adoption thereof, Duties'of the 
who may annul the same, or such parts thereof, as they Dueciors. 
may think proper. And it shall be the duty of said Direc- 
tors to meet together at the prison statedly, once at least 
in every month, to attend to and inspect the concerns of 
the prison, to cause a record to be kept of their doings, 
and, by turns, to visit the prison, at least three times in 
every week, lor the purpose of seeing that, the laws and 
regulations are duly observed, and of attending to the 
various concerns of the establishment. 

Sec 5. Be it further enacted^ That the Governor, by 
and with the advice of the Council, be, and hereby is 
authorised, from time to time, to draw his warrant upon Qoygrnor to 
the Treasurer of this Commonwealth in favour of said issue war- 
Warden, for such sum at any one time, as they may deem '"^"^^ ^"[ „ 
proper, for all monies which may be appropriated by the ^^ 
Legislature, for the support of the State Prison. And the 
Governor and Council, for the time being,with the Justices 
of the Supreme Judicial Court, be, and hereby arc consti- 
tuted Visitors of the State Prison, ai>d it shall be their vigitors. 
duty annually, and as much oftener as they may think 
proper, to visit the prison, and to see that all laws and 
resolutions, by-laws and regulations made for the govern- 
ment and upholding said prison, are duly observed and 
executed, and the Governor and Council, are further from 
time to time authorised to raise, appoint and employ a 
military guard to consist of such officers and privates as Guards 
they may deem requisite for the safe keeping and employ- 
ment of the convicts. 

Sec 6. Be it further enacted^ That if any Director, 
the Warden, or any other person employed in the State Forfeiture 
Prison aforesaid, shall fraudulently contrive, procure, aid, incase of 
connive at, or otherwise voluntarily suffer the escape of "^^^ ' 
any convict therein committed under sentence of confine- 
ment as aforesaid, every such person on due conviction 
thereof, in the Supreme Judicial Court, shall, and may be 
punished by solitary confinement for a term not exceeding 
one year, and by confinement to hard labour, for a term 
not exceeding twenty years, at the discretion of the said 
Court. 



422 STATE PRISON. June ^hlSih 

Sec. 7. Be it fui'ther cnacfcd. That if the Warden 
Penalty or any other person, employed as aforesaid, shall negli- 
or neg ec . g^j^^jy suffer any convict committed and in custody, as 
aforesaid, under sentence of solitary imprisonment, to be at 
large without the cell or apartment assigned to such con- 
vict, or to be there visited, conversed with, comforted or 
relieved, contrary to the rules and regulations of said 
prison, or shall negligently suffer such convict, or any 
convict there committed, under sentence of confinement 
to hard labour, to be at large without the precincts of the 
said prison, or, contrary to the rules thereof, to be out of 
close confinement, the Warden or any other person so 
neglecting his duty in the premises, being thereof duly 
convicted in the Supreme Judicial Court, shall be punish- 
ed by a fine not exceeding five hundred dollars. 

Sec. 8. Be it further enacted, That if any person 
Punishment shall forcibly or fraudulently rescue, or attempt to rescue, 
tk)n°o"fof. ^^^y convict from the custody of any officer or other 
fence. person authorised or employed by any warrant of commit- 

ment as aforesaid, or from the said State Prison, or from 
any other prison or gaol where such convict may be law- 
fully committed, pursuant to any sentence of solitary impri- 
sonment, or confinement to hard labour, or shall convey to 
any convict in custody, or committed as aforesaid or into 
said State Prison, or any other prison, any tool, instru- 
ment, weapon, or other aid, with intent to enable such 
convict to escape, or to procure the escape of any con- 
vict, whether such escape be effected or not, every person 
so offending, being duly convicted thereof before the 
Suprem.e Judicial Court, shall and may be punished by 
solitary imprisonment not exceeding one year, and by 
confinement to hard labour not exceeding ten years ; or 
at the discretion of the said Court, may be punished with 
a fine not exceeding five hundred dollars, and by binding 
to the good behaviour for a term not exceeding three 
years, according to the nature and aggravation of the 
offence. 

Sec 9. Be it further enacted^ That if any convict 
committed to the said State Prison, under sentence of 
for assault, confinement to hard labour during life shall assault any 
Director, the Warden, or other person employed in the 
government thereof, or shall forcibly attempt to break from 
the said prison, every such convict so offending, upon duo 



STATE PRISON. 'June 21, 1811. 423 

conviction before the Supreme Judicial Court shall and 
may be punished by solitary imprisonment not exceeding 
one year, at the discretion of the Directors, and shall be 
afterwards there holden in custody upon such former 
sentence, and every person being under confinement as 
aforesaid, who shall escape from said prison, shall for 
every such offence be further sentenced to solitci^ry 
imprisonment for a term not exceeding twelve months. 

Sec 10. Be it further enacted. That if any convict 
committed to said State Prison, under sentence for a Punishment 
limited time, shall assault any Director, the Warden, or of Convics 

t •/ ' ' TO I* Vlol^ACf* 

other person, employed in the direction or custody of said 
State Prison, or shall attempt by violence to escape there- 
from, every such coAvict so further offending, upon due 
conviction thereof before the Supreme Judicial Court, 
shall and may be punished by solitary imprisonment not 
exceeding one year, in addition to any former like sentence, 
or to precede the fulfilment of any former sentence to hard 
labour, as the case may be ; and, at the discretion of the 
said Court may be further punished by confinement to 
hard labour, for a term not exceeding ten years, to com- 
mence after such solitary imprisonment, or after any for- 
mer sentence shall be fulfilled, as the case may be. 

Sec 11. Be it further enacted. That the Warden of 
said prison, shall have power to appoint a Deputy to Deputy to be 
execute any process to him directed, which Deputy may appointed. 
serve and return the same accordingly, and for whose acts 
and doings his principal shall be answerable, but such 
Deputy shall be further liable to such punishment as the 
Deputy Sheriffs are now liable to suffer for any miscon- 
duct in executing process. And the said Warden shall 
not be arrested upon mesne process, or upon any execu- 
tion, awarded upon judgment in any civil action. 

Sec 12. Be it further enacted^ Tliat the Warden 
aforesaid shall receive the sum of fifteen hundred dollars Compensa- 
annually, in full compensation for all services by him ren- tion for ti e 
dered in that office, without any other support or mainte- Jhl^ w!rdou 
nance whatever. And the Directors aforesaid shall each and Direc- 
receive the sum of three hundred dollars in quarterly pay- *^^'^" 
ments alike in full compensation for their services respec- 
tively. 

Sec 13. Be it further enacted. That from and after 
the first day of August next, the act entitled "An act 



424 CIRCUIT COURTS. June 21, ISU, 



ed. 



providing for the regulation of the State Prison in Charles- 
Act repeal- town," passed the fourteenth day of March in the year of 
our Lord one thousand eight hundred and six, be, and the 
same is hereby repealed ; saving always, that all acts, 
matters and things, done under and pursuant to said act, 
shall remain as good and valid, and all officers, agents, and 
servants of the same prison, who have been appointed or 
employed under the same, shall remain in their respective 
offices and places until that time, and until others are 
appointed and employed in their places, in the same way 
and manner they would have done had not this act been 
repealed." 

[This act passed June 21, 1811.] 



CHAP. XXXIII. 

An Act establishing Circuit Courts of Common Pleas 
within this Commonwealth. 

Sec. 1. X3E it ejiacted by the Senate and House of 
Jiepresentatives in Gejieral Court assembled, afid by the 
authority of the same. That this Commonwealth (except- 
ing Dukes county and the county of Nantucket,) shall ht, 
and hereby is divided into six Circuits, to be limited, 
known and called as follows, to wit : the counties of Suf- 
folk, Essex and Middlesex shall form one circuit, and be 
circuits dl- Called the Middle Circuit — The counties of Worcester, 
vided. Hampshire, and Berkshire shall form one circuit, and be 

called the Western Circuit — The counties of Norfolk, 
Plymouth, Bristol and Barnstable, shall form one circuit, 
and be called the Southern Circuit — The counties of York, 
Cumberland and Oxford, shall form one circuit, and be 
called the First Eastern Circuit — The counties of Lincoln, 
Kennebeck and Somerset, shall form one circuit and be 
called the Second Eastern Circuit — and the counties of 
Hancock and Washington shall form one circuit and be 
called the Third Eastern Circuit. 

Sec 2. Be it further enacted, That there shall be held 
and kept in each county in the several Circuits aforesaid, 
at such times and places as are now by law appointed for 
holding the Courts of Common Pleas in the several coun- 



CIRCUIT COURTS. /««e 21, 1811. 425 

ties, a Circuit Court of Common Pleas, to consist of one Courts of 
Chief Justice, and two Associate Justices, each of whom pj'^^™""^^^^ 
shall be an inhabitant of this Commonwealth ; and when Ushment. 
appointed and commisioncd, as by the constitution is pro- 
vided, they, or any two of them shall be a Court in their 
respective Circuits, and shall have original and exclusive 
jurisdiction of all civil actions arising or happening within 
their respective Circuits, of what nature or species soever 
the same may be, (excepting only such actions wherein 
the Supreme Judicial Court, or where Justices of the 
Peace now have original jurisdiction ;) and shall also have Jurisdictiou. 
jurisdiction of all such ofiences, crimes and misdemeanors, 
as-before the passing of this act were cognizable by the 
respective Courts of Common Pleas ; and shall also have 
appellate jurisdiction of all civil actions, and of all crimes 
and offences where an appeal ma^'- now by law be made 
from the sentence or judgment of Justice of the Peace ; 
and the same Court are hereby fully authorised to give 
judgment, award execution, to administer all necessary 
and proper oaths and affirmations, and to do, execute, 
perform and order whatever by the constitution and laws 
it shall be their duty to do, or whatever the Courts of 
Common Pleas before the passing of this act were autho- compensa- 
rised to do, excepting such acts, matters and things as are^jonof jus- 
or may be cognizable by the Courts of Sessions : and the 
Justices of said Circuit Court of Common Pleas shall 
receive the same fees and compensation for their services, 
as the Justices of the Courts of Common Pleas now receive 
in their respective counties, and to be paid in the same 
manner : Provided^ nothing in this act shall be so con- Proviso. 
strued, as to affect the original or appellate jurisdiction 
given by law to the municipal court holden within the 
town of Boston. 

Sec. 3. Be it further enacted, That all writs and Writs &c, to 
processes, issuing from the Circuit Courts of Common ^^l®^*^.^*^ ''^ 
Pleas, shall be in the name of the Commonwealth of Mas- and under 
sachusetts, bear test of the Chief Justice, when not a party ^^*^- 
and one of the Associate Justices, when the Chief Justice 
is a party, or his office is vacant, and where any two Jus- 
tices are interested in any action, the remaining Judge 
shall constitute a competent Court to try the same, and 
such writs and processes, shall be under the seal of the 
said Court, and signed by the Clerk of the said Court, in 



►426 CIRCUIT COUilTS. June 21, 1811, 

the county to which the writ may be returnable, and shall 
huve force, be obeyed and executed in every county 
within the Commonwealth, and all original processes shall 
be summons, capias or attachment, and shall be served 
and returned in the same way and manner as is now pro- 
vided by law for the service and return of similar proces- 
ses ; and the forms of all processes and executions shall 
be so far altered and changed, as to conform to the provi- 
sions of this act. 

Sec 4. Be it further enacted, That any party aggriev- 
Anpeal may ^^ '^^ *^^^ judgment of any Circuit Court of Common 
be made in Pleas, in any real action, or in any personal action wherein 
*^**®' any issue has been joined, in which the debt or damages 

demanded shall exceed the sum of one hundred dollars, 
may appeal therefrom to the next Supreme Judicial Court 
to be holden within and for the county where such judg- 
ment may be rendered ; and the party so appealing, before 
such appeal be allowed, shall recognize with sufficient 
surety or sureties, to the adverse party in a reasonable sum 
to prosecute his appeal at the Court appealed to, and to 
pay all such costs as may arise in atiy such suit after 
such appeal ; and where any such appeal shall be made by 
any plaintiif, and he shall not recover more than one hun- 
dred dollars at the Court appealed to, the plaintiff shall not 
recover any cost on such appeal, but the defendant shall 
be entitled to recover against the plaintiff his costs on such 
appeal, and shall have a separate judgment therefor, and in 
case such appeal was made by the defendant, and the 
debt or damages recovered on tlic original action shall not 
be reduced, on the appeal, the plaintiff shall be entitled to 
recover double costs of suit on the appeal, and have his 
judgment and execution accordingly, and no execution 
shall issue upon the judgment appealed from ; and in case 
the party appealing shall neglect to enter his appeal, the 
Court appealed to may upon complaint proceed to render 
judgment in such action agreeably to the provisions of this 
act. 

Sec. 5. Be it further enacted, That in addition to the 
uiiKr powers herein before enumerated, the said Circuit Court 
-0.^ of of Common Pleas, shall have power at the term at which 
the Court. ^1-jy judgment in any action- (wherein said Court have final 
jurisdiction) is rendered, or at any subsequent term there- 
of, within one year from the rendition of any judgment on 



CIRCUIT COURTS. Jlne 21, 1811. 427 

petition or motion, first giving due notice thereof to the 
adverse party, to grant a new or further trial of any such 
action, for any cause for which by the common law a new 
trial may now be granted, or when upon due examination 
it shall appear to them that justice has not been done 
between the parties, upon such terms, restrictions and 
limitations, as the said Circuit Court may deem just and 
reasonable. And the Justices of said Court shall have 
power, from time to time, to make and establish all such 
rules for the entry of actions, and for the admission of 
attornies, filing pleas in abatement, and demurrers to decla- 
rations, and for the orderly and well conducting the busi- 
ness thereof, as they may see fit, provided the same are not 
repugnant to the laws of this Commonwealth. 

Sec. 6. Be it further enacted^ That the said Circuit 
Courts of Common Pleas shall have power to adjourn the Mayadjoura 
same from time to time, as may be necessary for the pub- the Court 
lie good. And when any of the Justices of the said Court 
shall be detained from attending at the time or place at 
which said Court by law or by previous adjournment was 
to have been held, by means whereof there cannot be more 
than one of the said Justices present, then, and in that case, 
any Justice of the same Court being there present, shall 
constitute a quorum of the Court, for the purpose of call- a single Jus- 
ing the docket, enterinsr defaults, and determining: all t'ceto?consti 
questions oi an mterlocutory nature, and also for the run\ in case, 
adjourning the same Court if necessary unto a further day, 
until a quorum can be convened, or if neither of the Jus- 
tices of the same Court shall be present, the said Court 
may be adjourned by the Sheriff of the county, until a 
quorum can be convened, of which he shall make public 
notification, in writing, in the shire town of the county. 

Sec 7. Be it further enacted^ That from and after the 
second day of December next, the Grand and Traverse 
Jurors now required to attend the Courts of Common 
Pleas in the respective counties, shall be required to attend 
the several Circuit Courts of Common Pleas, in the same 
manner, and under the same penalties that they are now 
holden by law to attend the several Courts of Common 
Pleas, and shall hereafter give their attendance on such 
days of each term, as shall be directed by the Justices of 
the said Circuit Courts of Common Pleas respectively, 
and the Writs of Venire Facias shall issue accordingly. 



428 



METHODIST SOCIETY. 



June 21, 1811. 



Sec. 8. Be it further enacted, That all actions, suits, 

matters and things, which may be pending in the several 

All actions, Courts of Common Pleas in this Commonwealth, on the 

depending gecond dav of December next, and all writs, executions, 

may be re- -^ . , ' ' , , ' 

turnableto Warrants, recognizances and processes, returnable to, and 
this Court, which would have had day therein had not this act been 
passed, shall be returnable to, and have day in, and be 
fully acted upon, by the Circuit Courts of Common Pleas, 
created by this act — And all parties, jurors, witnesses and 
others, who would have been held to appear after the said 
second day of December next, at the several Courts of 
Cominon Pleas, then next to be holden in this Common- 
wealth, shall be holden to appear at the then next Circuit 
Court of Common Pleas, created by this act, in their res- 
pective counties. And the said Circuit Courts of Com- 
mon Pleas, created by this act, shall, in the respective 
counties, have full power and authority to grant any execu- 
tions to carry into effect any judgment rendered in the 
Courts of Common Pleas, now in existence, in the same 
manner as the said Courts might, had not this act been 
passed. 

[This act passed June 21, 1811.] 



Society in- 
corporated. 



CHAP. XXXIV. 

An act to establish a Religious Society by the name of The 
Methodist Society in Otisfield. 

Sec. 1. JLJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Benjamin Stevens, Simeon 
Libby, Richard Lombard, Joseph Morton, Thomas Edes, 
Peter Ward well, Dennis Lovell, Benjamin Farrington, 
Samuel Ward well, Peter Ward well jun. widow Sarah 
Scribner, Thomas Wight, Jonathan Wight, Benjamin 
Green, Jedidiah Green, Hezekiah Green, Samuel Reed, 
Peter Warren, Thomas Edes jun. David Sawyer, Timothy 
Jordon, David Higgins, Enoch Lombard, John Lombard, 
Benjamin Green jun. Abraham Lombard, Jonathan Saw- 
yer, William Rich, Samuel Sawyer, Dan Morse and John 
Sawyer, together with their polls and estates, and such 



COTTON & WOOL MANUFACT. June 21, 1811. 429 

others as may hereafter associate with them, and their suc- 
cessors, according to the provisions of this act be, and they 
are hereby incorporated as a religious society by the name 
of The Methodist Society in Otisfield, mth all the powers 
and privileges of other religious societies, according to the 
Constitution and Laws of this Commonwealth. 

Sec. 2. Be it further enacted^ That any person in said ,,,,<, 
town of Otisfield, who may at any time hereafter actually ijeco'ming 
become a member of, and unite in religious worship with a member. 
the said Methodist Society, and give in his or her name to 
the clerk of the town, and also to the clerk of the society to 
which he or she belongs, and receive a certificate of admis- 
sion signed by the minister or clerk of the said Methodist 
Society fifteen days previous to the annual meeting of said 
Society, which certificate shall set forth that he or she has 
constantly attended public worship with said Methodist 
Society, for at least one year previous to his receiving such 
certificate, such person shall from and after giving in such 
certificate with his or her polls and estate, be considered 
as a member of the said society. Provided however. That 
such person shall be held to pay his or her proportion of 
all monies assessed or voted in the town or society to 
which he or she belongs previous to that time. 

Sec 3. Be it further enacted. That any Justice of the 
Peace for the county of Cumberland is hereby authorised -^y arrant to 
to issue his warrant directed to some freeholder, a mem- be issued. 
ber of said society, requiring him to notify and warn the 
members thereof to meet at such convenient time and 
place as shall be appointed in said warrant to organize the 
said society by the appointment of its officers. 
[This act passed June 21, 1811.] 



CHAP. XXXV. 

An act to incorporate sundry persons by the name of The 
Marshfield Cotton and Wool Manufactory. 



Sec 1. Jl5E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Thomas Horbart, Jonathan pgj,gQj^g -^^^ 
Stetson, Ezra Weston jun. and Chandler Sampson, with corporateci 



430 HANCOCK. June 21, 1811. 

such other persons as already have, or hereafter may asso- 
ciate with them, their successors and assigns, be, and they 
hereby are made a corporation by the name of The Marsh- 
field Cotton and Wool Manufactory, for the purpose of 
manufacturing cotton and woollen yarn and cloth within the 
town of Marshfield, and for such purposes shall have all 
the powers and privileges and be subject to all the duties 
and requirements contained in an act, entitled " An act 
defining the general powers and privileges of Manufactur- 
ing Corporadons." 

Sec 2. Be it further enacted. That said corporation 
May hold may be lawfully seized and possessed of such real estate, 
real estate, not exceeding fifty thousand dollars, and such personal 
estate not exceeding one hundred and fifty thousand dol- 
lars, as may be necessary for the purposes aforesaid. 
[This act passed June 21, 1811.] 



CHAP. XXXVI. 

An Act to annex the Township numbered four in the fifth 
range, north of the Waldo Patent, to the county of 
Hancock. 

JLJ£ it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the township numbered four 
in the fifth range of townships, north of the Waldo Patent, 
which lies partly in the county of Hancock, and partly in 
the comity of Somerset, be, and hereby is declared to be 
wholly within the county of Hancock. 

[This act passed June 21, 1811.] 



NAMES ALTERED. June 2\ , 1811 . 431 



CHAP. XXXVII. 

An Act to alter the names of certain persons therein 
mentioned. 

X/E it enacted by the Senate and IJouse of 
Representatives in General Court assembled, and by the 
authority of the same. That from and after the passing of 
this act, Thomas Searle, of Rowley, in the county of 
Essex, son of Joseph Searle, shall be allowed to take the Names aUe,r^ 
name of Thomas Colman Searle; that Joseph Jones, of ^'^• 
Boston, in the county of Suffolk, shall be allowed to take 
the name of Charles Henry Jones ; that Abraham Quincy, 
of Boston aforesaid, shall be allowed to take the name of 
Abraham Howard Quincy ; that Elizabeth Mock, of Bos- 
ton aforesaid, singie woman, shall be allowed to take the 
name of Elizabeth Alien ; that William Rogers, of Boston 
aforesaid, shall take the name of William Charles Rogers ; 
that John King jun. of Salem, in the county of Essex, 
shall be allowed to take the name of John Glen King ; that 
John Harris jun. of Marblehead, in said county of Essex, 
shall be allowed to take the name of John Lord Harris ; 
that Moses Atkinson, of Newbury, in said county of Essex, ' 

shall be allowed to take the name of Moses Little Atkin- 
son ; that Moses Moody Swan, of Haverhill, in said county 
of Essex, shall be allowed to take the name of Moses 
Swan Moody ; that Levi Whitmore, of Framingham, 
in the county of Middlesex, shall be allow'ed to take the 
name of Levi Foster Whitmore ; that Samuel B. Harris, 
of Charlestown, in said county, shall be allowed to take 
the name of Samuel Harris Bradstreet ; that Batchellor 
Hussey, of Portland, in the county of Cumberland, shall 
be allowed to take the name of Henry Hussey ; that Simeon 
Alden jun. of Randolph, in the county of Norfolk, shall 
be allowed to take the name of Horatio Bingly Alden ; 
that Marilla Gurney, of the town of Abbington, in the 
county of Plymouth, shall be allowed to take the name of 
Marilla Livingston Gurney ; that Samuel Barnard, of 
Boston aforesaid, shall be allowed to take the name of 
George Edward Augustus Carpenter Barnard. 
Hhh 



432 SUNDERLAND BRIDGE. June 2\, ISll. 

And each of the persons before named shall be allowed 
to assume the said names respectively, and they shall in 
future be called and known by the said names, and the said 
names shall hereafter be considered as their only proper 
names, to all intents and purposes. 

[This act passed Juna 21, 1811.] 



CHAP. XXXVIII. 

An Act to incorporate certain persons for the purpose 
of building a bridge over Connecticut river, between 
the towns of Sunderland and Deerfield, in the county of 
Hampshire. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Eliakim Arms, Elijah Arms, 
Samuel Church, Abner Cooly, William Delano, Cotton 
corpo'ratld. Graves, Erastus Graves, Giles Hubbard jnn. Moses 
Leonard, Calvin Merrill, John Montague, William Mon- 
tague, Daniel Montague jun. John Russell, Nathaniel 
Smith, Horace W. Taft, and John Wiley, together with 
such others as have, or may hereafter associate w4th them 
and their successors, be, and they are hereby made and 
declared to be a corporation and body politic, by the name 
of The Proprietors of the Sunderland Bridge, and by that 
name may sue and be sued to final judgment and execu- 
tion, and shall do and suffer, all ether things, which similar 
corporations may or ought to do and suffer. 

Sec 2. Be it further enacted. That the proprietors 

aforenamed be, and they are hereby authorised to build a 

to^buiTd 'a' bridge over Connecticut river between the towns of Deer- 

u. tge. field and Sunderland, at or near Morris' ferry, and the said 

bridge shall be faithfully built with sound and durable 

materials, at least twenty-eight feet wide, and covered with 

planks, and jiiave a sufficient railway on each side of the 

bridge for the safety of passengers, and the said bridge shall 

at all times be kept in safe, convenient, and passable repair. 

Sec 3. Be it further enacted, That a toll be, and hereby 

Toll cstab- is granted to the proprietors, to reimburse tliem for their 

Jished. expenses in building said bridge, and for supporting the 



SUNDERLAND BRIDGE. June 21, 1811. 433 

same, viz. — For each foot passenger, three cents ;foreach 
horse and rider, seven cents ; for each horse and chaise, 
chair, or sulkey, sixteen cents ; for each coach, chariot, 
Phseton, or other four wheeled carriage for passengers, 
thirty-three cents ; for each curricle, twenty-five cents ; 
for each sleigh drawn by one horse, ten cents ; and if drawn 
by more than one horse, twelve and an half cents ; for 
each cart, sled, or other carriage of burthen drawn byone 
beast, ten cents ; if drawn by two beasts, sixteen cents ; and 
if drawn by more than two beasts, twenty cents; for each 
horse without a rider, and for neat cattle, three cents each j 
and for sheep and swine, one cent each ; and one person 
and no more shall be allowed to each team as a driver to 
pass free of toll, and all persons who shall have occasion Exemptions 
to pass said bridge to perform military duty, or to attend from toll, 
public worship on the Lord's day, shall pass free of toll ; 
and the toll shall commence on the day of the first opening 
of said bridge, and shall continue for the term of seventy 
years, and at the place where the toll shall be received, 
there shall be erected and constantly exposed to view, a 
sign-board with the rates of toil fairly and legibly written 
or printed thereon, in large or capital letters, and the said 
corporation at the time of opening said bridge shall cause 
a true and just account of the expenses thereof, to be 
returned into the office of the Secretary of this Common- 
wealth, and after fifteen years from the opening said bridge, 
the General Court may regulate the rates of toll receivable 
thereat : Provided however^ That if the said proprietors 
shall neglect for the space of six years from the passing of 
this act, to build and finish the said bridge, then this act 
to be void and of no efiect. 

Sec 4. Be it further enacted, That any three of the 
persons aforenamed may warn and call a meeting of the Method of 
proprietors, to be holden at any convenient time and place, calling a 
by publishing the same three weeks successively in the "^^^^'"^' 
Hampshire Gazette, published in Northampton, the last 
publication to be six days at least before the time of such 
meeting, and the said proprietors by a vote of the majo- 
rity of those present, or represented at said meeting, shall 
appoint a clerk who shall be sworn to the faithful discharge 
of said office, and in voting for the said clerk, and in all,other 
cases, one vote only shall be allowed to each single share : 
Provided hoivever^ .That no one proprietor .shall be allowed 



434 



BAPTIST SOCIETY. 



June 21, 1811. 



more than twenty votes, and at the said first meeting the 
proprietors may also agree on a method of calling future 
meetings, and at the same, or some subsequent meeting 
or meetings, may elect such oflicers, and make and estab- 
Proprietors ^^^^ such rules and by-laws, as to them shall seem neces- 
to establish sary or convenient for the regulation and government of 
by-laws, ^^ ggj^j corporation, and for carrying into effect the pur- 
poses aforesaid, and for collecting the toll herein granted, 
and may annex penalties to the breach of any by-laws, not 
exceeding five dollars; and all representations at said meet- 
ings shall be filed with the clerk of the said corporation, 
and this act, and all rules, regulations, and proceedings 
hall be fairly and truly recorded by the said clerk in a book 
or books to be provided and kept for that purpose. 
[This act passed Ju7ie 21, 1811.] 



CHAP. XXXIX. 

An Act to establish The First Baptist Society in the town 

of Woburn. 



Sec 1. Jt3E it enacted hy the Senate and House of 
Representatives in General Court assembled^ and by the 
Society in- duthority of the same^ That George W ashington Reed, 
corporated. Samuel Bryant, Jacob Eames 2d. Jacob Buckman, Jona- 
than Convers, Jacob Wright, John Fowle, Lille Eaton, 
Elijah Leathe, Benjamin Wood, Abel Richardson 3d. 
John Edgell, Abel Richardson, John Fowle 2d. Ebenezer 
Reed, Ebenezer Reed 2d. James Waide, Jacob Leathe, 
Jesse R. Fowle, Daniel Hadley, Thomas Eaton, Ezra 
Kimball, Joshua Reed, Zadock Wyman 2d. Hirani 
Thompson, Elijah Leathe 2d. Isaac Wood, Benjamin 
Fowle, Jacob Richardson, John Cummins, Jacob Richard- 
son 2d. Isaac Merrion, Jonathan W. Fowle, Rachel Reed, 
Rebecca Tottingham, William Flmmerson, Samuel West, 
John Waide, Ichabod Parker, William Young, William 
Young 2d. Josiah Convers, Luther Convers, Thomas 
Pool, Ruth Eaton, Phebe Eaton, Lot P^aton, Keziah 
Thompson, Elijah Wyman, Jethro Richardson, Samuel 
T. Richardson, Josiah Richardson, Samuel Evans, Mica- 
jah Lock, Samuel Tidd, Joseph H. Beers, Nathaniel 



BAPTIST SOCIETY. , June 21, 181L 435 

Waide,Joseph H. Beers 2d, John B. Beers,Job Richardson, 
Edward Richardson 2d. Charles Richardson, Reuben 
Richardson, Jesse Convers, Sarah Evans, John Tidd, 
Joshua Convers, William Wood, Hepsebah Convers, 
Hiram Flagg, Benjamin Edgell, Abel Winn, Jerry Winn, 
Samuel E. Wyman, Eleazer F. Pool, Thomas Dean, 
Nathan Peirce, Joseph Winn, Abraham Skinner, Sylvanus 
Wood, Josiah Lock, Asa Lock, Robert Wood, George 
Richardson, Hosea Evans, and Matthew Skillton, together 
with all such others as may hereafter associate with thctn, 
with their polls and estates, be, and they are hereby incor- 
porated into a religious society, by the name of The First 
Baptist Society in Woburn, with all the powers, privileges 
and immunities which parishes are entitled to, by the con- 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further ejiactedy That any Person ^^^^^^^ ^j. 
in either of the said towns of Woburn or Burlington, or becoming 
any other town, who may at any time hereafter join with members. 
and actually become a member of, and unite in reli- 
gious worship with the society aforesaid, and give in bis or 
her name to the clerk of the town or parish to which he 
or she may belong, and produce a certificate, signed by 
the minister or clerk of the said Baptist society, that such 
person has actually become a member of said Baptist 
society, fourteen days previous to the town or parish meet- 
ing to be held in the month of March annually, shall from 
and after the date of such certificate, with his or her polls 
and estates, be considered as a member of said Baptist 
society. Provided hoxvever. That all such persons shall 
be held to pay his or her proportion of all monies voted or 
assessed in the town or parish to which he or she formerly 
belonged, within one year previous to their leaving the 
same. 

Sec. 3. Be it further enacted^ That whenever any Manner of 
member of said Baptist society shall see cause to leave the leaving, 
same, and unite with any other religious society in the 
town in which he or she may reside, and shall declare such 
intention in 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, fourteen 
days at least before the town or parish meeting to be held 



436 CONSTABLES. June 21^1811^ 

in the month of March annually, shall from and after the 

date of such certificate, with his or her polls and estates, 

be considered as belonging to the town or parish in which 

he or she may intend to be united in the same manner as 

if he or she had never belonged to said Baptist society. 

Provided however, That all such persons shall be held 

to pay their proportion of all monies voted or assessed in 

the said Baptist society, within one year previous to their 

leaving the same. 

\,Sec. 4. Be it further enactedy That Bill Russell Esq. 

Warrant to is hereby authorised to issue his warrant directed to 

be issued, somc principal member of said Baptist society, requiring 

him to notify and warn the members thereof to meet at 

such time and place, as shall be appointed in said warrant, 

to choose all such officers and transact all such business 

as parishes in this Commonwealth are by law authorised 

to do in the month of March or April annually. 

[This act passed June 21, 1811.] 



CHAP. XL. 

An Act regulating the collection of taxes in the town of 
Newburyport, and providing for the appointment of 
Constables in the said town. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the Selectmen of the town of 
Selectmen to Newburyport, be, and they hereby are empowered to 
^PP/J'"^,^o"- appoint annually such a number of persons as Constables, 
in said town, as the public service may require, and the 
said Constables so appointed, shall be sworn to the faith- 
ful discharge of the duties of said office, by any one of the 
said Selectmen who shall enter the same on their records, 
and the said Constables shall also give bonds to the Trea- 
surer of the said town of Newburyport in such sums, and 
on such condidons,as the said Selectmen shall think proper 
for the faithful performance of the duties of their office ; 
and the Constables so appointed by the said Selectmen 
shall have the same powers as are by law vested in Con- 
stables chosen bv the towns in this Commonwealth. 



CONSTABLES. June 21, 1811. 437 

Sec. 2. Be it further enacted^ That the Treasurer of Treasurer t& 
the town of Newburyport shall be the collector of the ^': Collector 

, J '^ . . , 1 1 II 1 with power 

State, county, and town taxes m said town, and shall be, to appoint 
and hereby is empowered to substitute and appoint under Deputies. 
him such, and so many deputies or assistants as the service 
may be found to require, who shall give bonds to the said 
Treasurer in his said capacity for the faithful discharge of 
their duty, in such sums and with such sureties as the 
Selectmen of said town may think proper. And the said 
collector and his deputy or deputies shall have the same 
powers as are vested by law in the collector of taxes, 
chosen by other towns in this Commonwealth; and the said 
Treasurer and his deputy or deputies may by a vote of 
the said town for such purpose, collect all such taxes as 
may be outstanding and uncollected at the time of the 
passing of this act, or at the time of his being chosen to 
the office of Treasurer, he and his deputy or deputies first 
giving bonds for the faithful discharge of their duty in such 
sums and with such sureties, as the Selectmen of said 
town shall think proper. 

Sec. 3. Be it further enacted^ That the said Trea- 
surer may issue his warrants to his deputy or deputies for to issue 
the collecting and gathering in of such parts of the rates warrants to 
or assessments as in his discretion he shall think proper to ^i"^^'^^ 
commit to such deputy or deputies, which warrant shall 
be in the same tenor with the warrant prescribed to be 
issued by the Selectmen or assessors for the collecting or 
gathering in of the state or town rates or assessments, 
mutatis mutandis. 

Sec 4. Be it further enacted^ That the Treasurer and 
Collector of the said town of Newburyport, be, and he is and War. 
hereby authorised to issue his warrant to the Sheriff of the [^6^°^ ^'^ 
county of Essex, his deputy, or to any constable of the 
said town of Newburyport, directing them to distrain the 
property of any person or persons who may be delinquent 
in the payment of taxes after the time has expired, that is 
or may be fixed for payment by any vote of said town, 
which warrants shall be of the same tenor with the warrant 
prescribed to be issued by the Selectmen or Assessors for 
the collecting or gathering in of the state rates or assess- 
ments mutatis mutandis^ and the said officers shall make a 
return of their warrants with their doings thereon, to the 
said Treasurer and Collector within thirty days from the 



438 



BAPTIST SOCIETY. 



June 21, 1811. 



Duty of offi 
cers in 
executing 
Warrants. 



Proviso. 



Proviso. date tliereof. Provided however^ That nothing in this act 
shall prevent the said Treasurer and Collector, whenever 
there may be a probability of losing a tax, from distrain- 
ing the property or person of any individual before the 
expiration of the time fixed by the vote of said town. 

Sec. 5. Be it further enacted^ That it shall be the 
duty of said officers, to execute all warrants they may 
receive from said Treasurer and Collector, and pursue the 
same process in distraining the persons or property of 
delinquents, as collectors are now by law authorised to d© 
and perform, and for collecting the sum of money due on 
said warrants, to receive the same fees that are allowed by 
law for levying executions in personal actions : Provided 
however^ That before 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 
Collector, stating the sum due, and that unless the same is 
paid in ten days from the time of leaving said summons, 
into the treasury of said town, with twenty cents for said 
summons, his or her property will be distrained according 
to law. 

Sec 6. Be it further enacted^ That the Constables of 

Bonds. said town of Newburyport, in addition to the usual con- 
dition of their bonds, shall also be bound to the faithful 
execution of all warrants committed to them by the Trea- 
surer and Collector of said town. 

[This act passed June 21, 1811.] 



CHx\P. XLI, 



An Act to incorporate a number of the inhabitants of the 
towns of Medfield, Dedham and Wrentham, in the 
county of Norfolk, as a Religious Society, by the name 
of The First Baptist Society in Medfield. 

Sec 1. J3E it enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

Persons in- authority oj the same, That Eleazer Allen, Joseph Baker, 

corporated. Qbed Baker, Eliphalet Baker, David Baker, Abijah 

Blake, Samuel Blake, William Boyden, Silas Boyden, 

Edward Buckmaster, Abijah Colburn, Benjamin Colburnj 



BAPTIST SOCIETY. June 19, 1811. 439 

Isaac Colburn jun. Jonathan Colburn, Phineas Colbiim, 
Eliphalet Colburn, Ellis Colburn, George Colburn, 
Thatcher Colburn, Joseph Cutler, Joseph Draper, Daniel 
Draper, Daniel Draper jun. Joseph Ellis 2d. Abijah Fisher, 
Asa Fisher, Benjamin French, Benjamin French jun. 
Abraham Harding, Andrew Lewis, Abner Mason, Wil- 
liam Mason jun. Eliakim Morse, Samuel Needham, John 
Needham, Elihu Onion, Oliver Partridge, Eleazer Perry, 
James Potter,. Jason Richardson, Jason Richardson jun. 
Ariel Sayles, Elisha Sayles, Abijah Smith, Asa Smith, 
Billings Tisdale and Moses Wadsworth, with their families 
and estates, together with such others as may hereafter 
associate with them, and their successors, be, and they are 
hereby incorporated as a religious society, by the name of 
The First Baptist Society in Medfield, with all the powers 
and privileges of other religious societies, according to the 
constitution and laws of this Commonwealth: Provided pro\iso. 
however. That the persons aforenamed shall be holden 
to pay their proportion of all monies granted and assessed 
before the first day of March last past, and not after in 
the several towns or parishes to which they severally 
belonged, previous to the passing of this act. 

Sec. 2. Be it further enacted^ That any person belong- 
ing to either of the towns aforesaid, who may be desirous Method of 
to join with the said Baptist society, shall declare such becoming 
intention in writing to the elder, clerk, or committee of'"®"'^^"" 
the said society fifteen days at least previous to the annual 
meeting of the said society, and if such person do receive 
and can produce a certificate of membership signed by 
the elder, clerk, or committee aforesaid, that he or she has 
actually become a member of said Baptist society in Med- 
field, such person from the date of such certificate with 
his or her polls and estate, shall be considered a member 
of said society : Provided hoivever, That every person so 
joining with the said Baptist society, shall give like notice 
of his intention to the minister, clerk, or committee of the 
society from which he doth secede. 

■ Sec 3. j&^ it further enacted. That if any member of 
the said Baptist society, see cause to leave the same and to Manner of 
unite with any other religious society in the town in which leaving, 
such person may live, he or she shall give notice of such 
intention to the elder, clerk, or committee of the said 
Baptist society, and also to the minister, clerk, or com- 
lii 



440 



METHODIST SOCIETY. 



June 22, ISll- 



Proviso. 



Warrant to 
be issued. 



mittee of such other society fifteen days at least before the 
annual meeting thereof, and if such person doth receive 
and can produce a certificate of admission signed by the 
minister, clerk, or committee of such other society, such 
person from the date of said certificate, with his or her 
polls and estates, shall be considered a member of such 
other society. Provided however. That in every case of 
secession from one society and joining another, in the man- 
ner provided for by this act, every such person shall be 
hoiden to pay his or her proportion of all pecuniary assess- 
ments, or other charges and expenses assessed and not 
paid prior to such secession, and the said certificates in 
either case given and received as aforesaid, shall operate 
to exempt such person from taxation for the support of 
public worship in any other society. 

Sec 4. Be it further enacted, That any Justice of 
the Peace for the county of Norfolk is hereby authorised 
to issue a warrant, directed to a member of the said 
society, requiring him to notify and warn the members 
thereof, to meet at such convenient time and place as shall 
be expressed in said warrant, for the choice of such offi- 
cers as parishes and religious societies are empowered to 
choose at their annual parish or society meetings. 
[This act passed June 19, 1811.] 



CHAP. XLII. 

An Act to establish The Methodist Episcopal Society of 

Lenox. 



Society in- 
corporated. 



Sec 1. -13 E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority oj' the same, That Gamaliel B. Whiting, Wil- 
liam Whiting, Amos Benton, Josiah G. Barker, William 
F. Swift, William S. Smith, John S. Smith, James Smith, 
Enoch Johnson, Erastus Benton, Simeon Calkins, Jethro 
Butler, Salmon Andrews, Jethro Butler jun. Joshua W. 
Cobb, Zebadiah Hyde, Andrew Hyde 3d. Selah Cook, 
Jesse Root, Orriange Judd, Seth N. Judd, Daniel Dunbar, 
Solomon Bodfish, Oliver Stedman, John Bennett, Sion 
Turner, James Newbury, William Ross jun. Silvanus 



BUXTON CANALS. June 22, ISll. 441 

Hullet, Samuel Hullet, William Dunham, Levi Goodrich, 
Horace Whiting, Jeremiah Bulmore, James Smith jun. 
Sclah Andrews, Walter Cook, and Oren Stephens, mem- 
bers of the said religious society, with their families and 
estates, be, and they are hereby incorporated by the hame 
of The Methodist Episcopal Society of Lenox, with such 
others as may hereafter associate and join with them, with 
all the privileges and immimities to which parishes are 
entitled by the constitution and law's of this Common- 
wealth : Provided however^ That all such persons shall proviso, 
be holden to pay their proportion of all monies assessed 
for parochial purposes in the town or parish, to which they 
respectively belonged previous to the passing of this act. 
Sec 2, And be it further enacted^ That Azariah 
Egleston Esq. be, and he is hereby authorised to issue a 
warrant directed to some suitable member of said Metho- justice to 
dist society, requiring him to notify and warn the mern- i^sue war. 
bers thereof to meet at such time and place as shall be ' 
appointed in said warrant, to choose such officers as 
parishes in this Commonwealth are by law empowered to 
choose in the month of March or April annually. 
[This act passed June 22, 18 IL] 



CHAP. XLHL 

An Act to incorporate a num»ber of persons by the name 
of The Buxton Proprietors of Canals, Locks, and 
Slips, on Saco River. 

Sec. 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Judah Dana, John Goode- persons In. 
now jun. John Gording, Joseph Howard, Henry Howard, corporated. 
Isaac Lane, John M'Millan, Richard Odell, John Spring, 
Thomas Spring, James Steel, Ellis Busher, Joseph Wood- 
man, and Edmund Woodman, with their associates and 
successors, be, and they are hereby made and declared to 
be a corporation by the name of The Buxton Proprietors 
of Canals, Locks, and Slips, on Saco River, and by that 
name may sue and prosecute, and be sued and prosecuted, 
to final judgment and execution, and shall have all other 



442 BUXTON CANALS. Xime 22, 1811, 

powers, incident to, and usually exercised and enjoyed by 

other corporations, established for the like purposes. 

Sec. 2. Be it further enacted. That the said corpo- 

Empov'crcd ration shall have power and authority to construct, build, 

^° "'^'® <^»-cut, and make canals, locks, and slips, on Saco river, by 

"' ' and from the Great falls (so called) on said river, in 

Hiram, to the Steep falls ; and from thence to the Ossa- 

pee falls, and from thence to the Bona Eagle falls, and 

from thence to, and by Moderation falls, and from thence 

in the most convenient ground between said Moderation 

falls and Salmon falls, to form a communication with the 

waters which run from the place last mentioned, through 

a part of Buxton, Scarboro' and Falmouth, to those of 

Stroudwater. 

Sec 3. Be it further enacted. That in prosecuting and 
Componsa- Completing the said canal, no person shall be injured by 
lion to be the digging and cutting the said canal through his land, or 
made for m- 1^ removii.q: mills or mill dams, divertino: water courses, 

dividual \x\- J ^ p. 111 • • 1 • I 

;,;rv. or flowmg his land by the proprietors aforesaid, without 

receiving full and adequate compensation therefor. And 
in all cases where any person shall sufier loss or damage 
in his property by the said proprietors, in the manner above 
mentioiied, or in any other way, and the said proprietors 
do not, within twenty days after being requested thereto, 
make or tender reasonable satisfaction to tlie acceptance of 
the person damaged by them as aforesaid, the person so 
damaged may apply to the Court of Common Pleas, for 
the county in which the damage has happened, to have a 
committee appointed by said Court, to estimate the 
damage so done ; and the said Court are hereby authorised 
Loiirt to ;;p-and empowered, by warrant, under the seal thereof, if 
r-Mnirefe- application bc made within one year from the time of the 
inaic cU-^^' damage being done as aforesaid, to appoint a committee 
ni^ge. of five disinterested freeholders in the same county, to 

estimate the damage ; which committee shall give season- 
able notice to the persons interested, and to the clerk of 
the proprietors aforesaid, of the time and place of their 
meeting, and they shall be under oath to judge and award 
impartially, according to their best skill and judgment, 
which having done, they or the major part of them, shall 
make return thereof, under their hands and seals, to the 
jiext Court of Common Picas, to be holdcn in said county, 
lO the end that the same may be accepted, allowed, and 



BUXTON CANALS. June 22y ISll, 443 

recorded, and the said committee so empowered, are 
required to estim?.te the said damage, and make return 
thereof as aforesaid, and if the estimate and award of the 
said committee be accepted by the Court, then the clerk 
of the Court is hereby authorised and directed, on appli- 
cation therefor, to issue an execution against the property 
only of the corporation, or in want thereof, on the property 
of any individual belonging thereto, for the sum thus 
awarded in damages. 

Sec 4. Be it further enacted^ That the said corpora- ^^^ j^^u^ 
tion be, and they hereby are empowered to purchase and real estate. 
hold to them and their successors forever, so much land 
and real estate as may be necessar)- to the purposes of the 
said canal, not exceeding the value of fifty thousand dol- 
lars. And if the said proprietors shall refuse or neglect, 
for the term of ten years froni the passing of this act, to 
complete the said canal, then this act shall be void and of 
no effect. 

Sec 5. Be it further enacted^ That if any person or 
persons shall designedly and maliciously break up, penalty in 
remove, beat down, destroy, dig under, or do any other case of wil- 
injury to the said canal, its banks, locks, clams, slips, or " "^J"^>' 
any other part or appurtenance thereof, or shall damage, 
carry away, or set on float to be carried away, any boards, 
plank, joist, post, or other timber or lumber, or materials 
used, or to be used in or about said works, or shall be 
aiding or assistisg in any of the trespasses aforesaid, he 
shall for every such offence forfeit and pay to the corpo- 
ration aforesaid, treble such damages, as the said corpora- 
tion shall make appear to the Justice, or Court and Jury 
before whom the trial may be, that they have suffered, by 
means of the same trespasses, to be sued for and recovered 
in any Court proper to try the same. 

Sec 6. Be it further enacted^ That for reimbursing 
to the said corporation, their expenses in making the said Toll estab- 
canal, and for keeping- -the same in repair, a toll shall be, Ushed. 
and hereby is granted and established, for the sole benefit 
of the said corporation, according to the rates following, 
viz. For every ton weight that shall be transported in boats 
or other vessels through the said canal, the sum of six 
cents for each mile ; for all masts, timber, and lumber, 
floated on a raft or otherwise through the said canal, six 
cents a ton for each mile, and the said toll shall commence 



441 BUXTON CANALS. June 22, 1811. 

when the said canal, or any section thereof between two 
locks or slips, shall be completed. 

Sec. 7. Be it further enacted^ That the said corpo- 
Toli g-ather. ration shall appoint toll gatherers, and such other necessary 
pointedr ^^' assistants as they see cause, for to attend at each lock, and 
at other convenient and necessary stations on the said canal, 
who shall give constant attendance at their respective posts, 
during the whole of the season for boats and rafts to pass ; 
and on the toll being paid shall assist the passengers, with 
their property, to pass the said locks and canal. Provided 
however^ That when forty years from the first opening 
the said canal are expired, the Legislature shall theieafter 
regulate the toll, and the same shall be collected in such 
manner as the Legislature may then order and provide by 
law. 

Sec 8. Be it further enacted^ That the said corpora- 
Shares of tion shall have full power and authority to sell and dispose 
may be^sold. of the share or shares of any proprietor, who, according 
to the regulations which may be made and adopted by the 
said corporation, shall be delinquent in the payment of any 
assessment that may be made on said share or shares, 
according to such rules as shall be established by said 
corporation for the sale of the shares of delinquents. 
And the share or shares of each proprietor in said corpo- 
ration shall be liable to be attached on mesne process, and 
to be levied upon and sold on execution, in the way and 
manner provided in and by a certain act passed the eighth 
day of March in the year of our Lord one thousand eight 
hundred and five, entitled, " An act directing the mode of 
attaching on mesne process, and selling by execution 
shares of debtors in incorporated companies." 

Sec 9. Be it further enacted^ That any Justice of 
Justice au- the Peace for the county of Oxford, is hereby authorised 
iss°ue^\var-° upou application by any three of the said associates or pro- 
rant. . prietors, to grant a warrant directed to one of the said 
proprietors to call a meeting of his associates, to meet at 
such time and place, as shall be therein appointed, to 
organize the said corporation by the appointment of its 
officers. And the said corporation being thus organized, 
may then and there agree on and establish some mode of 
calling and notifying future meetings ; and may also adopt 
and fix such other rules and regulations for their govern- 
ment, and the prosperous management of their affairs, as 



COPPERAS FACTORY. June 22, 1811. 445 

they may think proper. And every proprietor shall have 
a right to vote in the proprietory meetings, according to 
his share and interest, in person or by representation : 
Provided^ no one proprietor shall be allowed more than Proviso, 
ten votes ; and all representations shall be made in writing, 
signed by the person making the same, by special appoint- 
ment, which shall be filed with, and recorded by the said 
clerk ; and this act, and all rules, regulations, votes and 
doings of the 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. 

[This act passed June 22, 1811.] 



CHAP. XLIV. 

An Act to establish The Winthrop Copperas Factory 

Company. 

Sec 1. JJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That John Gorham, Isaac P. Davis, 
Saniut'l Sumner Wilde, John L. Sullivan, William Mead, ^oToJated.' 
and Richard Sullivan, together with such other persons 
as may hereafter associate with them, their successors and 
assigns, be, and they hereby are made and constituted a 
body corporate and politic, by the name of The Winthrop 
Copperas Factory Company, for the purpose of manufac- 
turing copperas in the town of W^inthrop, and county of 
Kennebeck, and for the purpose aforesaid shall have all 
the powers and privileges, and shall also be subject to all 
the duties and requirements prescribed and contained in 
the act, entitled " An act defining the general powers and 
duties of manufacturing corporations," passed the third 
day of March, eighteen hundred and nine. 

Sec. 2. Be it further enacted^ That the said cor- 
poration shall and may lawfully hold and possess real May hold 
estate not exceeding thirty thousand dollars, and personal estate. 
estate not exceeding one hundred thousand dollars, as may 
be necessary and convenient for carrying on the aforesaid 
manufacture of copperas. 

[This act passed June 22, 1811.] 



446 BERWICK.—BAPTIST SOCIETY. June 22, I8\h 



CHAP. XLV. 

An Act to annex Samuel Wentworth and others, to the 
North Parish in Berwick. 



►E it enacted by the Senate and House of 
Representatives in General Court assembled^ arid by the 
authority of the same^ 1 hat Samuel Wentworth, Henry 
Ricker, and Stephen Ricker, with their families, polls, and 
estates, lymg in the town of Berwick, in (he south parish 
in said town, be and hereb}- are set off from the said south 
parish, and annexed to the north parish in said town, and 
shall forever hereafter be considered as belonging thereto, 
enjoying all parish privileges and to pny parish charges, 
which may arise within the same. Provided nevertheless. 
That they be holden to pay all such taxes, that may be 
now due from them or their estates, to the south parish, 
in the same manner as though this act had not passed. 
[This act passed June 22, 1811.] 



CHAP. XLVI. 

An Act to establish The First Baptist Society in Carver, 
in the county of Plymouth. 



Sec 1. j3E it enacted by the Senate afid House of 
Mepresentatives in General Court assembled, and by the 
authority of the same. That Benjamin Siuirtliff, Fiavell 
^-hurtliff, Lot Shurtiiff, Ebenezer Shurtliff, Gideon Shurt- 
liff, Abiel Shurdiff, Gideon Shurtliff jun. Francis Shurt- 
liff, Nathaniel Shurtliff, Nathaniel Shurtliff 2d. Peter 
Shurdiff, Thomas Shurtliff, William Atwood, Asaph 
Atwood, Jonathan Atwood, Joseph Atwood, Lazarus 
Atwood, Samuel Atwood, Samuel Atwood jun. Stephen 
Atwood, Levi Atwood, Caleb Atwood, Aber Atwood, 
John Atwood, John Atwood jun. Joshua Atwood, Nathan- 
iel Atwood, William Atwood 2d. Samuel Shaw, John 
Shaw, Silvanus Shyw, Siivanus Shaw jun. Levi Shaw, 
Abigail Shaw, Benjamin Ward, Benjamin Ward jun. 



BAPTIST SOCIETY, June 22, ISll. 447 

Samuel liUcas, Carver Barrows, Seth Barrows, Ephraim 
Griffith, Huit M'Farlain, Bethuel Tilson, David Vaughan, 
Joseph Ellis jun. Ellis Shaw,Joseph Robbins, Eli Thomas, 
Benjamin White, William Murdock, Ebenezer Dunham, 
Jabcz Maxam, Jabcz Maxam jun. Thomas Maxam, John 
Bumpus, Isaac Cushman, Hosea Lucas, Cornelius Dun- 
ham, Calvin Lucas, John Appling, Lewis Pratt, and 
S\vansey#Iart, of said Carver, and John Shaw, Ephraim 
Ward, Gideon Perkins,and Nathaniel Shiu-tlifF, of Middle- 
borough, in the county of Plymouth, with their polls and 
estates, be, and they hereby are incorporated, by the name 
of The First Baptist Society in Carver, with all the privi- 
leges, powers and immunities, and subject to all the duties 
which parishes in this Commonwealth by law enjoy and 
perform. 

Sec 2. Be it further enacted^ That any person Method of 
in said towns of Carver or Middleborough, or of the becomhig 
town of Plymouth, in the county of Plymouth, who^"*^ 
may at any time hereafter, actually become a member 
of, and unite in religious worship with said Baptist 
society, and shall give in his or her name to the cleric "T 
the parish to which he or she did heretofore belong, with a 
certificate, signed by the minister or clerk of said society, 
that he or she hath actually become a member of, and 
united in religious worship with said Baptist society, 
fourteen days previous to the parish meeting therein to be "V 

held in the month of March or April annually, shall from 
and after giving in such certificate, with his or her polls 
and estates, be considered as a member of said society. 
Provided however. That such person shall be held to 
pay his or her proportion of all the monies assessed or 
voted in the parish to which he or she belonged, previous 
to that time. 

. Sec. '3. Be it further enacted. That when any mem- Manner of 
ber of said societv shall see cause to leave the same, and leaving. 
unite in religious worship, with any other religious society 
in the town or parish in which he or she may live, and 
shall give in his or her name to the clerk of said Baptist 
society, signed by the minister or clerk of the parish, or 
other religious society with which he or she may unite, 
that he or she hath actually become a member of, and 
united in religious worship with such other parish or 
religious society, fourteen days previous to their annual 
K k k 



44§ CONSTABLES. June 22, 18U. 

meeting in March or April, and shall pay his or her pro- 
portion of all monies voted in said society, to be raised 
previous thereto, shall from and after giving such certifi- 
cate, with his or her polls and estates, be considered as 
a member of said society to which he or she may so unite. 
Warrant to Sec. 4. Be it further enacted^ That any Justice of the 
Ke issued. Peace, in the town of Carver, be, and he is hereby autho- 
rised and empowered to issue his warrant directed to 
some suitable member of said society, to meet at such 
time and place, as he shall appoint in said warrant, to 
choose all such officers as parishes in this Commonwealth 
are by law entitled to choose in the month of March or 
April annually. 

[This act passed June 22, 1811.] 



/ 



CHAP. XLVII. 

An Act to repeal part of an act, entitled, " An act regulat- 
ing the Collection of Taxes in the town of Boston, and 
providing for the appointment of Constables in the said 
town." 



B 



IE it enacted by the Senate and House" of 
Representatives in General Court assembled^ and by the 
authority of the same^ That the fourth section of the act, 
passed the eighteenth of June, one thousand eight hundred 
and two, entitled, " An act regulating the collection of 
taxes in the town of Boston, and providing for the appoint- 
ment of Constables in the said town," which allows a dis- 
count on the payment of taxes within certain periods, be, 
and the same is hereby repealed. 

[This act passed June 22, 1811.1 



COLLECTION OF TAXES. Jime 22, ISIL 449 



CHAP. XLVIIL 

An Act to direct the Assessment and Collection of Taxes 
in the Second Religious Society or Parish in the town 
of Biddeford. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That it shall, and may be lawful Assessors 
for the assessors of the Second Parish or Religious empo^^e^ecL 
Society in Biddeford, for the time being, who shall be duly 
sworn to the faithful discharge of their trust, and they are 
hereby empowered to assess the several pews in the meet- 
ing-house of the said second parish, and their several parts 
and proportions according to the just value the said asses- 
sors shall set the said pews at, of all such sums of money 
as the said parish shall vote to raise, and appropriate 
for the purpose of raising such sum or sums of money as 
may have been expended by said parish in the erection of 
said meeting house, and which have not been paid, and in 
case at any future period the said house shall want repairs, 
the assessors for the time being may assess all the pews in 
manner aforesaid, such sums of money for the repairs 
thereof as the said parish shall vote to be raised for that 
purpose, and the assessment thus made shall be commit- 
ted to the collector of said parish with directions to collect 
and pay the same to the treasurer of said parish in ninety 
days after said assessment shall be committed to him. 

Sec 2. And be it further enacted, That the Parish .j,^.^^^^^.^^^,, 
treasurer shall keep an account separate and distinct from duty and 
other parish money, of the sums thus received, and the po^^e^"- 
manner in which they are expended, and shall have the 
same power to enforce the payment of the sums of money 
from the said collector as is by law provided for collectmg 
other parish taxes. 

Sec 3. And be it further enacted. That if the owner 
or proprietor of a pew or pews, or of a part or proportion Pews of de- 
of any pew or pews in said house, shall refuse or neglect ^ay 5^30^. 
to pay the sum assessed thereon as aforesaid, for the space 
of thirty days after notice of the assessment shall have been 
posted up in the porch of the said meeting-house, it shall 



450 . COUNTY TREASaRER, June 2% 1811. 

be lawful for the collector to sell the said pews at public 
vqnSue to the highest bidder, first giving fifteen days 
notice of the time and place of sale, by posting up notifi- 
cations thereof in the porch of the said meeting-house, 
and the overplus besides the taxes and necessary charges 
of notifying and selling, he shall pay over to the owner or 
proprietor in ten days after the sale. 

Sec 4. And be it further enacted^ That the mode of 
transferring pews sold as aforesaid, shall be by deed 
Right of re- executed by the collector; Provided always^ that if the 
demption. former owner or proprietor of a pew thus sold and 
transferred, shall within one year from the time of sale as 
aforesaid tender and pay to the purchaser, or to his assignee 
in case of assignment, the full sum said pew sold for, 
and charges with the addition of ten per cent, it shall be 
the duty of the purchaser or assignee to reconvey the same 
by deed, and upon his refusing thus to do, said proprietor 
may have the like remedy for obtaining the title and pos- 
session of the same pew, as mortgagers of real estate now 
have in the Courts of this Commonwealth. 

[This act passed June 22, 1811.] 



CHAP. XLIX. 

An Act limiting the period during which any person shall 
be eligible to the office of County Treasurer. 



B 



lE it enacted by the Senate and House of 
JReprescntatives in General Court assembled^ and by the 
authority of the same. That from and after the passing 
this act, no person shall be eligible to the office of county 
treasurer for more than five years successively, and no 
county treasurer now in office shall be eligible for more 
than five years successively, computing from the date of 
his last election, prior to the passing of this act. 
[This act passed June 2% 1811.] 



TURNPIKE.— BAPTIST SOCIETY. /r^««- 22, 1811. 451 



CHAP. L. 

An Act in addition to an act, entitled, *' An act for incor- 
porating certain persons for the purpose of laying out 
and making a Turnpike Road from Newburyport to 
Chelsea Bridge." 

Xj£ it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the proprietors of New- 
buryport Turnpike be, and they hereby are authorised 
and empowered from time to time to convey, sell, and empowered 
dispose of, or to exchange in fee simple or otherwise as to convey, 
they shall think fit, any part of the real estate which they 
have already purchased, or shall hereafter purch-.tse, by 
any deed or deeds made and duly executed either by their 
president and directors, or the major part of them, under 
the seal of said corporation, or by any agent or agents by 
the said corporation appointed under their seals, provided 
they shall have been respectively authorised by a vote of 
said corporation, to make such conveyance, sale, deposi- 
tion or exchange thereof. 

[This act passed June 22, 1811.] 



CHAP. LI. 

An Act to annex James Parmele and others to the incor- 
porated Baptist Society, in the town of West Stock - 



bridge. 



B 



lE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That James Parmele, Ezra Hubbef, society in- 
Eli Hubbel, Chauncey Root, Otis O. Robbins, John corporated. 
French, Christopher French jun. Samuel Ives, James 
Cobb, Robert Perry, John Millen, Joel Millen, John 
Burgharett, Jehuda Stephens, Samuel Dunbar, Abraham 
Tobey, Abijah Smith, Nathaniel Lockwood, Sylvester 
Hooper, John C. Deming, Gilbert Wilson, Augustine 



452 RANDOLPH. June 22, 1811. 

Spencer, Jare Bendict, Brainard Spencer, and Eli Barnes, 
together with their polls and estates, all belonging to the 
towns of West Stockbridge, Stockbridge, and Great 
Barrington, in the countj'^ of Berkshire, be, and they 
hereby are annexed to, and incorporated with the First 
Baptist Society, in the town of West Stockbridge, 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 originally members thereof : 
Provided however^ That each of the persons aforenamed, 
shall always be held to pay their proportion of all parish, 
town, or society charges, assessed, and not paid previous 
t© their leaving any other society, and their incorporation 
with the society aforesaid. 

[This act passed June 22, 1811.] 



CHAP. LII. 

An Act in addition to " An act to incorporate the Town 
of Randolph." 



B 



'E it enacted by the Senate and House of 
Representatives in Genei-al Court assembled^ and by the 
authority of the same, That so much of the third section 
of the act to which this is in addition, as is supposed to 
annex to, and subject to taxation in the town of Braintree, 
the estateswhich heretofore belonged to Samuel Cheesman, 
deceased, and Levi Thayer, who were remonstrants against 
the incorporation of the town of Randolph, be, and the 
same is hereby repealed. , 

[This act passed June 22, 181 L] 



BAPTIST SOCIETY. J^une 22, 1811. 453 



CHAP. LIII. 

An Act to establish a Baptist Society in Gloucester, in 
the county of Essex. 

Sec. 1. Jt^E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That John Smith, Seth Woodbury, society in- 
Benjamin Hale, James Appleton, Matthew Whipple, ^orporated. 
William Kennedy, Thomas Millet jun. Joseph Putnam, 
John Smith jun. Joseph Fears, Samuel A. Gale, Elijah 
Foster jun. William Dexter, Jesse Wilson, Ephraim 
Davis jun. John L. Witham, Jonathan Medley, James 
Laha, George Wood, Benjamin Parsons, Pliny Davison, 
Thomas Lee, William W^oodbury, Ebenezer Pool, Wil- 
liam Smith jun. Solomon Pool jun. Jonathan Pool jun. 
Jonathan Pool, Francis Hilton, Nehemiah Grover, John 
Grover, Josiah Pool, Ebenezer Pool 3d. Henry Blatchford, 
Thomas Parsons jun. Ebenezer Gamage, Paul Morgan, 
William Morgan, Ebenezer Clark, Ebenezer Rowe 3d. 
Moses E. Colby, William Smith, Ebenezer Dresser, 
William Parkhurst, David Stanwood, Benjamin Dodge, 
Daniel Ober, Joseph Trask, John Ryerson, Samuel 
French, Benjamin Hoig, Daniel Douglass, John Doug- 
lass, Charles Wonson, Edward Gearing, Abraham Tarr, 
Moses Parsons, Charles G. Martin, Samuel Day, Isaac 
Fears, John Edgar, Samuel Parsons, James Rowe, Samuel 
B. Thomas, Nathaniel Blatchford, Ezekiel Adams, Isaac 
Low, Joseph Smith, Ezekiel Bradstreet, Samuel G. 
Gamage, John Pool jun. Robert Hooper, Caleb Herrick, 
Henry Clark jun. John Clark, Aaron Sargent, Ebenezer 
Tarr, Daniel Allen, Zebulon Witham, Nathan F. Morgan, 
Elizabeth Dexter, Daniel Bradford, and Elijah Foster, 
with their polls and estates, be, and they are hereby incor- 
porated by the name of the Baptist Society in Gloucester, 
with all the privileges, powers, and immunhies which 
parishes in this Commonwealth by law enjoy. 

Sec 2. Be it further enacted. That any person inMetiiwlof 
said town of Gloucester, who may at ^ny time hereafter ^^^^""'"^ "^ 
actually become a member of, and unite in religious wor- "''^'''^'''■• 
ship with said Baptist society, and give in his or her name 



454 



BAPTIST SOCIETY, 



June 22, 1811. 



Manner of 
leaving-. 



Warrant to 
be issued. 



to the clerk of the parish to which he or she did heretofore 
belong, with a certificate signed by the minister or clerk 
of said society, that he or she hath actually become a 
member of, and united in religious worship with said 
Baptist society, fourteen days previous to the parish meet- 
ing therein to be held in the month of March or April 
annually, shall from and after giving in such certificate, 
with his or her polls and estate, be considered as a mem- 
ber of said society. Provided however, That such person 
shall be held to pay his oi' her proportion of all the monies 
assessed or voted in the parish to which he or she belonged 
previous to that time. 

Sec 3. Be it further enacted, That when any member 
of said society shall see cause to leave the same and unite 
in religious worship with any other religious society in 
the town or parish in which he or she may live, and shall 
give in his or her name to the clerk of said Baptist society, 
with a certificate signed by the minister or clerk of the 
parish or other religious society with which he or she may 
unite, that he or she hath actually become a member of, 
and united in religious worship with such other parish or 
religious society, fourteen days previous to their annual 
meeting in March or April, and shall pay his or her pro- 
portion of all monies voted in said society to be raised 
previous thereto, shall from and after giving such certifi- 
cate with his or her polls and estate, be considered as a 
member of said society to which he or she may so unite. 

Sec 4. Be it further enacted, That any Justice of 
the Peace in the town of Gloucester be, and he hereby is 
authorised and empowered to issue his warrant ^directed 
to some suitable member of said society, to meet at such 
time and place as he shall appoint in said warrant, to choose 
all such officers as parishes in this Commonwealth are by 
law entided to choose in the month of March or April 
annually. 

[This act passed June 22, 1811.] 



SAMUfX BARTLETT. June1% 1811. 455 



CHAP. LIV. 

An Act to enable the administrator on the estate of Samuel 
Bartlett, late of Newbuiyport, mariner, deceased, to 
convey certain Real Estate of the said Samuel. 

VV HEREAS on the petition of Benjamin 
Norton of Newburyport, in the county of Essex and Preamble. 
Commonwealth of Massachusetts, sail-maker, it is made 
to appear that on the sixteenth day of March, in the year 
of our Lord eighteen hundred and nine, he the said Benja- 
min, by his deed of quitclaim of the same date, duly 
executed, did convey to the said Samuel, then living, 
certain real estate in and by said deed particularly des- 
cribed, that though said conveyance was absolute and 
unconditional, yet in fact it was intended only as security 
for payment of certain sums of money before that time 
hired of said Samuel by said Benjamin, and it was the 
mutual agreement of the said parties, that on payment of 
said several sums of money and interest by said Benjamin 
to said Samuel, he the said Samuel would reconvey the 
said premises to the said Benjamin, that after the convey- 
ance of the said premises as aforesaid, and before the death 
of the said Samuel, the said Benjamin paid the said Sam- 
uel a considerable part of said money, and whereas by the 
death of said Samuel, the said Benjamin cannot obtain a 
reconveyance of said premises on payment of the balance 
due from him to said Samuel, nor has he legal remedy 
for the money paid to said Samuel in his lifetime. 
Therefore, 

BE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the administrator on the 
estate of the said Samuel, be, and he is hereby authorised Administra- 
and empowered to make and execute to said Benjamin, ej^and em'^ 
or to his legal heirs or representatives, a good and suffi- powered, 
cient deed of quitclaim of the same premises so conveyed 
by said Benjamin to said Samuel as aforesaid ; Provided, 
the said Benjamin shall first, and on or before the first day 
of January next, have paid to the administrator on the 
estate of the said Samuel, the full balance of money and 
LU 



456 



HOPKINS' DONATION. 



June 22, 1811. 



interest due from the said Benjamin to the estate of the 
Piroviso. ^^^^ Samuel; ^;?r//?roi^zf/6'C?«/>yo, that no conveyance of the 
same premises by the said Samuel in his life time appears 
on record, and such deed by the administrator on tiie 
estate of the' said Samuel as aforesaid, shall vest in the said 
Benjamin, as fuUand absolute a title as he held before his 
conveyance to the said Samuel as aforesaid. 

[This act passed Ju7ie 22, 1811.] 



CHAP. LV. 



Preamble. 



An Act in addition to an act, in explanation of an act, 
entitled, " An act, in addition to an act, passed in the 
year of our Lord one thousand seven hundred and forty- 
one, entitled An act to enable the Trustees appointed in 
His Majesty's High Court of Chancery to purchase 
houses and lands, and to improve the same for per- 
petuating the chanty of the- Honorable Edward Hopkins 
Esq. more effectually to secure the interest of their 
several tenants in possession of their Hopkinton and 
Upton lands, and the revenue of those lands to the 
College and Grammar School at Cambridge, according 
to the true intent of all parties, at the first settlement of 
that town. 



W, 



Lands secur 
ed in the 
Hopkins' 
donation. 



HEREAS doubts have arisen, whether 
the act to which this is in addition, contemplates those 
lands belonging to the Hopkins' donation or trust, which 
lie in Upton, and out of the county of Middlesex. 

Sec 1. BE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the said act, to which this 
is in addition, shall be construed as extending to all the 
lands belonging to the Hopkins' donation or trust lying 
in Upton in the county of Worcester, as well as in Hop- 
kinton in the county of Middlesex, any law to the contrary 
notwithstanding ; and if, in consequence of a different con- 
struction of the act aforesaid, any deeds or conveyances of, 
or executions extended upon such lands have been or shall 
be recorded in the registry of deeds for the county of 
Worcester, or by the Register appointed by the Trustees 



HOPKINS' DONATION. June ^% 1811. 457 

of the donation or trust aforesaid, and not in the regis- 
try of deeds for the county of Middlesex between the 
first dcty of July in the year of our Lord one thousand 
eight hundn d and eight, and the first day of August next, 
such records shall be valid to all intents and purposes as if VaVidjty of , 
made in the registry for the county of Middlesex, and if ^<^'>'^ds. 
any deeds or conveyances of land belonging to the said 
Hopkins' donation or trust through misapprehension or 
otherwise may have been recorded in the registry of deeds 
for the county of Worcester, or that of the county of Mid- 
dlesex, after the passing of the act in the year one thousand 
seven hundred and forty-one, mentioned in the title of this 
act, and before the first day of July, in the year one thou- 
sand eight hundred and eight, and were not recorded by 
the Register appointed by the Trustees aforesaid, as that 
act required, shall be valid to all intents and purposes, as 
if they had been recorded according to law. 

Sec^2. Be it further enacted^ That no future convey- 
ances of land belonging to the Hopkins' donation or trust, Comey- 
shail be valid in law, which purport to convey any other ^^^l, "° 
lands derived from a title or titles other than such Hopkins' 
donation or trust. 

Sec 3. Be it further e^iacted^ That the said Trustees 
of the Hopkins' donation or trust, shall on or before the Records to 
first day of August next, deposit in the registry of deeds "^ deposited 
for the county of Middlesex, all the books of records register for 
of deeds, conveyances and executions, relating to the lands the county 
aforesaid, which are in the possession of the Register g^^ ' ^' 
appointed by them, and it shall be the duty of the Register 
of deeds for the county of Middlesex, to receive and keep 
the same, and to record all deeds, conveyances, and execu- 
tions made of, and extended upon the lands aforesaid, 
lying as well in Upton as Hopkinton, in the books of the 
said Trustees, and for making such records, he shall be 
entitled to the same fees as for similar records of other 
deeds, conveyances, and executions. Provided^ That the Provis*. 
Trustees aforesaid, their Treasurer, and such other person 
or persons as they may delegate for the purpose, shall have 
liberty at all times to search the records which relate to 
the lands aforesaid, free of all expense. 

[This act passed June 22, 1811.] 



458 LANDS IN HULL. June 22, 1811. 



CHAP. LVL 

An Act to incorporate certain Proprietors of the common 
and undivided lands in the town of Hull, in the County 
of Plymouth, for the purpose of managing- the same as 
a Common and General Field. 

Sec. 1. j3E 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 proprietors and owners, their heirs and 
assigns of certain common and undivided lands lying in 
the town of Hull, in the county of Plymouth, bounded as 
follows, viz. beginning at the east end of the lane, (so 
called,) then running easterly round point Aldertoi^ to the 
sea ; thence southerly by the sea till it comes to the Mill 
Boundaries, lane, (so called ;)- thence across said lane to Robert Gould's 
land ; then by Robert Gould's land till it strikes the 
water on the west side of the beach ; thence northerly by 
the sea until it strikes Sagamore hill, (so called ;) thence 
round said hill, to the water; thence northerly until it strikes 
White Head, (so calFed;) then round White Head till 
it comes to the Salt marsh ; northerly by the Salt meadow 
until it comes to the sea again ; then by the sea to the 
entrance of Point Aldcrton ; then by the salt water to the 
east end of the burying-ground ; from thence to the first 
mentioned bounds, excepting therefrom, certain lots of 
land within said bounds, fenced in, and belonging to indi- 
viduals, be, and they are hereby incorporated by the name 
Propvietors ^f The Proprietors of Commor. and Undivided Lands, in 
jncorporat- the town of Hull, 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. 

Sec 2. Be it further enaeted. That the said pro- 
prietors, when legally assembled, shall have power from 
e'd! """ time to time to appoint a Clerk, Treasurer, Assessors, 
and Collectors of taxes. Committees, or other necessary 
officers, who shall severally be sworn to the faithful dis- 
charge of their trust, which officers, shall have the same 
power to carry into effect any vote or order of said corpo- 



LANDS IN HULL. June 22, 1811. 459 

ration as town officers of like description have by law to do 
and perform in their respective offices, and the said corpo- 
ration shall at their first meeting determine on the manner 
of calling future meetings, and at any legal meeting for 
that purpose, shall have power to raise monies, and estab- 
lish such rules and regulations concerning the improve- 
ment of said lands, as shall from time to time be found 
necessary for the better management of the same. 

Sec 3. And be it further enacted^ That the said pro- 
prietors shall have liberty to erect the following gates and Gates and 
water fences, viz. one gate at the east end of the lane, (so j^^^^^ ^° ^'^ 
called ;) one at the east end of the burying-ground with a 
water fence; also, a water fence at the Pier (so called,) at the 
most convenient place ; also, one gate at the west end of 
Row (so called ;) also to continue that already erected on 
Mill lane. And the said town of Hull shall be at the 
expense of the aforesaid gates and water fences, reserving 
to any person the privilege of passing and repassing 
through said gates, as occasion may require, and the pro- 
prietors may have liberty to impose a penalty not exceed- 
ing one dollar, for the neglect of any such person in not 
shutting said gates; and also reserving to the town of 
Hull the privilege of the shores, and of feeding all lands, 
not comprehended within the aforementioned bounds. 

Sec 4. Be it further enactedy That upon the appli- 
cation of any two or more of the said proprietors to any 
Justice of the Peace in the county of Plymouth, the said 
Justice is hereby authorised to issue his warrant, directed justice t« 
to one of the said proprietors, requiring him to notify a '^^^^^ ^*^^ 
meeting, at such time and place, and for such purposes as 
shall be expressed in said warrant, which warrant and 
notification thereon shall be posted up at the door of the 
meeting-house in said town of Hull, and at some pub- 
lic place in the town of Hingham, fourteen days before 
the time expressed in the warrant for holding such 
meeting. 

[This act passed Jtine 22, 1811.] 



46(1 COT. MANU.^METHOD. SOG. June 22, 1811. 



CHAP. LVII. 

An Act to establish the Hopkinton Cotton Manufacturing 

Company, 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Joseph Valentine, I homas 
Bersonsin- Buckliri, WiUiam Wood, Joseph Morse, Samuel Godard, 
corporated. Benjamin Herrick, John Gibson jnn. Elijah Wheelock, 
Gardner Parker, Aner Fisk, Josiah Pease jun. John Stark- 
weather, Joseph Clough and Russell Smith, together with 
such others as already have associated, or may hereafter 
join and associate with them, their successors or assigns, 
be, and hereby are made a corporation by the name of 
The Hopkinton Cotton Manufacturing Company, for the 
purpose of manufacturing cotton in the town of Hopkin- 
ton, and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and require- 
ments contained in an act defining the general powers and 
duties of manufacturing corporations, passed the third day 
of March, one thousand eight hundred and nine. 

Sec 2. Be it further enacted, That the said corpora- 
May hold tion may lawfully hold and possess real estate not exceed- 
ing the value of fifty thousand dollars, and personal estate 
not exceeding the value of one hundred thousand dollars, 
as may be convenient and necessary for carrying on the 
manufacturing of cotton in the said town of Hopkinton. 
[This act passed June 22, 1811.] 



estate. 



CHAP. LVHI. 

An Act to establish the Methodist Episcopal Society in 
Provincetown, in the County of Barnstable. 

Sec. 1. X3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
. . authority of the same, That Solomon Cook, Simeon 
corporated. Conaut, EHsha Freeman, Seth Nickerson, Reuben Rider, 



METHODIST SOCIETY. Jime22,lSU, 461 

Abraham Smalley, Pason C. Cook, Elisha Young, Solo- 
mon Cook jun. Elisha Holmes, William Gasacan, Benja- 
min Dyer, John Leny, Treuman Garret, Timothy Nick- 
erson, George R. VVisell, Joshua Cook, Gamaliel Collings, 
Peter Lambart, Daniel Smalley, Gamaliel Rowley, Reu- 
ben Cook, Benjamin GifFord, Samuel Genn jun. Thomas 
Ridley, Isaac Cook, John Cook jun. Warren Freeman, 
Enoch Smith, Reuben Nickerson, Hatsub Freeman, 
Henry Atvvood, Josiah Knowlcs, William Eldridge, 
Samuel Atwood jun. Reuben Smith, Ruman Anthony, 
Ephraim Cook, Samuel Cook, Samuel Cook jun. Stephen 
Cook, Samuel Genn, Enoch Smith jun. Washington 
Case, David Brown, Alexander Gross, James Smith, 
Samuel Kilburn, John Cook, Joshua Pane, Josiah Atkins, 
Levi Lerton, Prince Freeman, Amasa Snow, John Atwood, 
John Savage, Joshua Smith, Charles Freeman, Robinson 
Crocker, Nathaniel Rider, James Sparkes, Reuben Hill, 
Gersham Cutter, Nathaniel Nickerson, Samuel Conant, 
Seth Smith, Ebenezer Smith, Samuel Atwood, Benjamin 
Kingham, Jeremiah Newcomb, William Pane, William 
Phillips jun. John Long, Ebenezer Newcomb, and Oliver 
Barlow, with their polls and estates, be, and they hereby 
are incorporated by the name of The Methodist Episcopal 
Society in Provincetown, in the county of Barnstable, 
with all the privileges, powers, and immunities, and sub- 
ject to the same duties which parishes in this Common- 
wealth by law enjoy and perform. 

Sec 2. Be it ^further enacted, That any person in 
said town of Provincetown, who may at any time here- Method of 
after actually become a member of, and unite in religious becoming 
worship with said Methodist Episcopal Society, and shall * ™^"'^^''' 
give in his or her name to the clerk of the parish to which 
he or she did heretofore belong, with a certificate signed 
by the minister or clerk of said society, that he or' she 
hath actually become a member of, and united in religious 
worship with said Methodist Episcopal Society, fourteen 
days previous to the parish meeting therein to be held in 
the month of March or April annually, shall from and 
after giving such certificate with his or her polls and 
estaics, be considered as a member of said society. Pro- 
vided however. That such person shall be held to pav his 
or her proportion of ail the monies assessed or voted in 



462 



OTISFIELD & HARRISON. 



June 22, 1811. 



Manner of 
leaving. 



Warrant to 
be issued. 



the parish to which he or she belonged previous to that 
time. 

Sec. 3. Be it further enacted^ That when any mem- 
ber of said Society shall see cause to leave the same, and 
unite in /cLgious worship with any olher religious society 
in the town or parish in which he or she may live, and 
shall give in his or her name to the clerk of the said 
Methodist Episcopal Society, with a certificate signed by 
the minister or clerk of the parish or other religious society 
with which he or she may unite, that he or she hath actu- 
ally become a member of, and united in religious worship 
with such other parish or religious society, fourteen days 
previous to their annual meeting in March or April, and 
shall pay his or her proportion of all monies voted in said 
society to be raised previous thereto, shall from and after 
giving such certificate, with his or her polls and estates, be 
considered as a member of said society to which he or she 
may so unite. 

Sec 4. Be it further enacted^ That any Justice of 
the Peace in the town of Provincetown, be, and he hereby 
is authorised and empowered to issue his warrant, directed 
to some suitable member of said society, authorising him 
to summon the members of said society, to meet at such 
time and place, as he shall appoint in said warrant, to 
choose all such officers as parishes in this Commonwealth 
are by law entitled to choose in the month of March or 
April annually. 

[This act passed June 22, 1811.] 



CHAP. LIX. 

An Act for the support of the Ministry and Schools in the 
towns of Otisfield and Harrison. 



Gommittee 
appointed. 



Sec 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That David Ray, Zebulon Knight, 
Enoch Spurr, Robert Anderson, Daniel Holton, all of said 
Otisfield, and Naphtali Harmon, Samuel Scribner, Samuel 
Willard, Benjamin Foster, and Nathaniel Burnham, of 
said Harrison, be, and hereby are appointed a committee 



OTISFIELD h HARRISON. J}ine 22, 181L 46 



to sell the ministerial and school lands, within the said 
towns of Otisfield and Harrison, being three sixty-fourth 
parts of the township of Otisfield, as originally granted to 
the town of Otisfield, and to divide the proceeds arising 
from such sale, between the said towns of Otisfield and 
Harrison, according to their respective proportions thereof, 
said proportions to be determined by the act setting off 
said town of Harrison from the town of Otisfield, and to 
pay over the said respective shares unto the respective 
trustees of said towns hereinafter appointed, and for the 
purposes hereinafter mentioned. 

Sec 2. Be it further enacted^ That the said committee 
be, and they are hereby authorised and empowered to sell Empowered 
and convey in fee simple, all the said ministerial and to sell lands 
school lands belonging to said towns as aforesaid, and to deeds. 
make, execute, and acl:nowledQ:e a irood and sufficient 
deed or deeds thereof, which deed or deeds, signed and 
sealed by them, or any seven of them, shall be good and 
effectual in law, to pass and convey in fee simple from said 
town to the purchaser or purchasers, to all intents and 
purposes whatever. 

Sec. 3. Be it further enacted. That the said David 
Ray, Zebulon Knights, Enoch Spurr, Robert Anderson, Trustees in- 
and Daniel Holton, be, and they are hereby incorporated corporated. 
into a body politic, by the name of The Trustees of the 
Ministerial and School Funds, in the town of Otisfield. 
And that the said Naphtali Harmon, Samuel Scribner, 
Samuel Willard, Benjamin Foster, and Nathaniel Burn- 
ham, be, and they hereby are incorporated into a body 
politic by the name of The Trustees of the Ministerial 
and School Funds, in the town of Harrison. And each 
of them and their respective successors shall continue a 
body politic and corporate forever, by those names ; and 
they shall each have a common seal subject to be altered 
at their pleasure, and they may each of them respectively 
sue and be sued in all actions, and prosecute and defend 
the same to final judgment and execution by their respec- 
tive names aforesaid. 

Sec. 4. Be it further enacted^ That each of the said 
.3odies politic and their respective successors shall and may empowered 
annually elect a President and Clerk, to record the doings to elect ofti- 
and transactions of the Trustees at their meetings, and a ^^^^' 
Treasurer to receive and apply the monies hereinafter 
M m m 



464 



OTISFIELD h HARRISON. 



June 22, 1811. 



Number of 
Tim. -vees li- 
mited. 



Meeting to 
be held an- 
nually. 



Persons au- 
thorised to 
fix first 
meeting'. 



Appropria- 
tions of the 



Application 

of ';<.' in- 
terest. 



mentioned, as hereinafter directed, and any other needful 
officers for the better managinc^ of their business. 

Sec. 5. Be it further enacted., That the number of 
trustees in each of said bodies politic shall not at any one 
time be more than seven nor less than five ; any five of their 
number to constitute a quorum for the transacting busi- 
ness ; and they shall and may from time to time respec- 
tively fill up vacancies in their number which may happen 
by death, resignation, or otherwise, from the inhabitants 
of their respective towns, and shall also have power to 
remove any of their number who may become unfit or 
incapable, from age, infirmity, misconduct, or any other 
cause, of discharging their duty, and to supply a vacancy 
so made by a new choice from their respective towns as 
aforesaid, and the said Trustees respectively shall annually 
hold a meeting in March or April, and as much oftener as 
may be found necessary to transact their necessary busi- 
ness, which meetings after the first shall be called in such 
way and manner as the respective trustees shall hereafter 
direct. 

Sec. 6. Be it further enacted., That David Ray be, 
and he is hereby authorised to fix the time and place of 
holding the first meeting of the Trustees of the town of 
Otisfieid ; and that Naphtali Harmon be, and he hereby is 
authorised to fix upon the time and place of holding the 
first meeting of the Trustees of the town of Harrison, and 
each of them to notify the respective trustees thereof. 

Sec 7. Be it further enacted., That each of the said 
bodies politic shall receive the share or dividend of the 
monies arising from the sale of the aforesaid lands, which 
shall be the proportion of their respective town, and shall 
put out the same to interest, as soon as may be, secured 
by mortgage of real estate to the full value thereof, or by 
two or more sufficient sureties with the principal, unless 
the trustees shall think it best to invest the same in public 
funded securities or bank stock of this Commonwealth, 
whicjti they may do. 

Sec 8. Be it further enacted., That the interest arising 
from said funds respectively, shall and may be annually or 
oftener in equal proportions applied to the use of the 
ministry and school in said towns respectively. And it 
shall never be in the power of said towns to alienate or 
any wise alter the funds aforesaid. 



MATTEPOISETT RIVER. Jnue ^4,lSli. 465 

Sec. 9. Be it further enacted, That thf Clerks of 
the said respective corporations shall be sworn previous to 
their entering on the duties of their office, and the respec- 
tive Treasurers of the Trustees, shall each give bond Treasurer 
faithfully to perform their duty, and to be at all times res- boSs? 
ponsible for the faithful application and appropriation of 
the money which may come into their hands conformably 
to the true intent and meaning of this act, and for all negli- 
gence or misconduct of any kind in their respective 
offices, said bond shall be given to the town treasurer of 
each of said towns for the use of its inhabitants. 

Sec 10. Be it further enacted, That the Trustees compensa- 
respectively, or their officers, for the services they may tions for 
perform, shall be entitled to no compensation out of any ^^"^*^^^- 
money arising from the funds aforesaid, but if entitled to 
any shall have and receive the same of said towns, as may 
be mutually agreed on. 

Sec 11. Be it further enacted, That the said trustees Trustees to 
and their respective successors shall exhibit to their res- account. 
pective towns at their annual meeting in March or April, a 
regular and fair statement of their doings. 

Sec 12. Be it further enacted. That the said trustees 
shall be responsible to their respective towns for their and to bens- 
personal negligence or misconduct whether they be officers ^°"" 
or not, and liable to a suit for any loss or damage arising 
thereby, the debt or damage recovered in said suit to be tor 
the uses aforesaid. 

[This act passed June 22, 18 ll.^ 



CHAP. LX. 

An Act further regulating the taking of Fish in Matte- 
poisett River. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That if any person or persons shall 
take any fish called alcvvives in Mattepoisett river, in the 
town of Rochester, in the county of Plymouth, or stretch 
any sein in said river for the purpose of taking fish at any 
time hereafter in either of the months of March, April, or 



466 MATTEPOISETT RIVER. June 24, 1811, 

May, in any part of Mattepoisett harbour in said Roches- 
Tk'^^i^fi^'h^ ter, to the northward of a line running directly from the 
contrary to Hiost Southerly part of Capt. Job Haskell's farm on the 
Istw. westerly side of said harbour, to the most southerly part 

of Joseph Edwards' land on the easterly side of said har- 
bour, such person or persons so offending shall for each 
offence forfeit and j)ay fifty dollars, to be recovered in the 
same way, and to the same uses as forfeitures for taking 
said fish in the same river an^ by law to be recovered. 
Sec. 2. Be it further enacted^ That the Selectmen 
Selectmen q{ said town are hereby authorised annually to regulate 
cmpoweie . ^j^^ manner in which the purchasers of the exclusive right 
of taking said fish in said river, shall respectively take 
them, and if any such purchaser shall not conform to such 
regulations, such purchaser shall for every such offence 
forfeit fourteen dollars, to be recovered as aforesaid, for the 
use or uses aforesaid. 

Sec. 3. Be if further enacted, That if any person, 
inhabitajits ^lot an inhabitant of the said county of Plymouth, shall 
forbidden to take any of said fish in said river contrary to law, he shall 
take fish. 1^^ hoiden to answer for the same before any Justice of the 
Peace within and for the counry of which such person is 
an inhabitant, or in Vv^hich he is resident; and all such 
Justices have hereby given them respectively ample juris- 
diction of all such actions which may be brought before 
them, and fully authorised to hear and try them in the 
same manner as if the forfeiture had been incurred in the 
same county, and no fiction of law shall be necessary in the 
declaration to bring such cause wiihin the jurisdiction of 
such Justice of Peace. 

Sec 4. Be it further enacted, That in all prosecutions 
Method to £ taj^ingr said fish in the said river contrarv to law, none 

pe adopted ™,,° , ,. , ■ ''ii- 

t)y the plain, of the laws ou that subject need to be recited, but tne 
*^^' plaintiff may declare generally against the offender for tak. 

ing the fish called alewives in Mattepoisett river in Roch^ 
ester, in the county of Plymouth, within a limited time, 
contrary to the form and effect of the statute in such case 
mdde ^md provided. 

[This act passed June 24, 1811.] 



FRANKLIN. y^/ze 24, 1811. 467 



CHAP. LXI. 

An Act to divide the Countv^ of Hampshire, and to con- 
stitute the northerlj^ part thereof into a County, by the 
name of the County of Franklin. 



Sec. 1. X3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That the count}' of Hampshire 
shall be divided by a line, beginning on the westerly line 
of the county of Worcester, at ihe west corner of the town 
of Petersham, in said county of Worcester ; thence south- 
erly following the east line of the town of New Salem, to Boundaries, 
the southeast corner of said New Salem ; thence westerly 
on the southerly lines of the towns of New Salem and 
Shutesbury, to the southwesterly corner of the town of 
Shutesbury ; thence northerly on the line of Shutesbury, 
to the southerly line of the town of Leverett ; thence west- 
erly on the southerly lines of the towns of Leverett and 
Sunderland, to Connecticut river ; then beginning on 
the west bank of said river at the southeasterly corner of 
the town of Whately ; thence westerly and northerly upon 
the line of said Whately, to the southerly line of the town 
of Conway ; thence westerly and northerly upon the line 
of said Conway, to the southeasterly corner of the town of 
Ashfield ; thence westerly and northerly upon the line of 
the said Ashfield, to the southeasterly corner of the town 
of Havvley ; thence westerly upon the line of said Hawley', 
to the easterly line of the county of Berkshire. And the 
bounds of the county by this act created, on the east, shall 
be the line heretofore established between the counties of 
Hampshire and Worcester, and on the west, by the line 
between the counties of Hampshire and Berkshire, and on 
the north, by the north line of the Commonwealth. 

Sec 2. Be it further enacted^ That all and every 
part and parcel of the late county of Hampshire, included coum ''" 
within the lines before described, shall be, and the same is created, 
hereby formed and erected into an entire and distinct 
county by the name of Franklin, of which Greenfield shall 
^ be the shire or county town. And the inhabitants of the 
said county of Franklin, shall hold, possess, use, exercise 



4j63 



FRANKLIN. 



June 24, 1811. 



Court of 
Common 
Pleas estab- 
lished. 



Jurisdiction 
of S.J. 
Court. 



Probate 
Court. 



and enjoy all the powers, rights and immunities, which by 
the constitution and hiws of this Commonwealth, the inha- 
bitants of any county within the same, do hold, possess, 
use, exercise, enjoy, and are entitled to. 

Sec. 3. Be it further enacted. That there shall be 
held and kept within the said county of Franklin, a Cir- 
cuit Court of Common Pleas, to set at Greenfield afore- 
said, on the second Monday of March and September 
yearly, and in every year until the General Court shall 
otherwise order, and the Justices of the said Court of 
Common Pleas, who shall be thereunto lawfully commis- 
sioned, shall have, hold, use, exercise and enjoy, all and 
singular, the powers which are by law given and granted 
to such Justices, within any other county of this Common- 
wealth where a Court of Common Pleas is already estab- 
lished. And all appeals from any judgment or judgments 
given at any Court of Common Pleas, within the said 
county of Franklin, shall be heard and tried at the Supreme 
Judicial Court, to be holden at Northampton in the county 
of Hampshire. And the Supreme Judicial Court, to be 
holden at Northampton, in the county of Hampshire, shall 
be holden for the counties of Hampshire and Franklin, 
and shall from time to time have the same jurisdiction, 
power and authority for the trial of all actions, civil and 
criminal, the cause whereof has arisen, or shall arise within 
the body of the county of Franklin, and to hear and deter- 
mine all other matters and things arisen, or which shall 
arise within the body of the county of Franklin, and shall 
have the same jurisdiction in all matters, civil, criminal 
and mixed, arisen, or which shall arise, in said county of 
Franklin, as if the same actions, matters and things had 
arisen within the body of the county of Hampshire. 

Sec 4. Be it further enacted^ That all business com- 
menced in the Probate Court for the county of Hampshire, 
as well as all actions, suits, cognizances, matters and things, 
pending in the Court of Common Pleas for the said county, 
prior to the second Monday of March next, shall be heard, 
tried, and finally determined in the county of Hampshire, 
in the same manner as though the county of Franklin had 
not been incorporated 

Sec. 5. Be it further enacted. That all officers within 
the said county of Franklin, having authority to commit 
prisoners to jail, shall be authorised for the term of three 



FRANKLIN. /««<? 24, 1811. 469 

years to commit their prisoners to the jail in the county 
of H mipshire ; and the keeper of the jail in the said county JJ^^^gg^^^^j. 
of Hampshire is hereby authorised and required to receive pecting 
and derain such prisoners, and all persons committed to prisons. 
jail in the county of Hampshire from the county of Frank- 
lin, shall be entitled to the same benefits and indulgencies, 
as though they lived or had their homes in the county of 
Hampshire, and it is made the duty of the proper magis- 
trates and officers in the county of Hampshire, to adminis- 
ter all oaths, and perform all the services which may be 
necessary for that purpose ; provided all expenses incurred 
by the operation of this section of this act shall be defrayed 
by the county of Franklin. 

Sec. 6. Be it further enacted. That the respective 
Justices of the Peace for the county erf Hampshire, who Justicesau- 
shall upon the division of the county aforesaid, reside in ^^^°"^^^- 
the county of Franklin, be, and they hereby are autho- 
rised to issue execution on all judgment and recognizances 
heretofore recovered or taken before them respectively, 
and do and finish all matters and things commenced and 
begun by them respectively in their said offices before this 
act takes effect, in the same manner as they might by law 
have done if the said county of Franklin had not been in- 
corporated. 

Sec 7. Be it further enacted, That the methods and 
proceedings, clirected by law, for choosing a County Election of 
Treasurer and Register of Deeds, and the modes and forms cers, &g. 
of proceeding, known and practised in bringing forward 
and trying actions, causes, pleas, or suits, and of originat- 
ing and conducting legal processes of every kind, whether 
civil or criminal, in the Judicial Courts established in the 
several counties in this Commonwealth, and for choosing 
persons to serve as jurors at the said Courts, shall be ob- 
served and put in practice, used and exercised within the 
said county of Franklin, as is usual in other counties in this 
Commonwealth. 

Sec 8. Be it further eriacted, That the several towns, Towns, &c. 
districts and plantations, within the said county of Frank- directed in' 
lin, shall pay to the Treasurer of the county of Hampshire, [^^^^Jf 
in the same manner they have paid previous to the passing 
of this act, their due proportion of all county taxes, that 
shall have been heretofore granted. And the Court of 
Common Pleas, in and for the county of Hampshire, shall 



470 FRANKLIN. June 2^, 181L 

have the same powers and authority to proceed with and 
assess upon all such towns, districts and plantations seve- 
rally, their due proportion of" all such taxes as have been 
granted as aforesaid ; and the assessors of all such towns, 
districts and plantations, and the inhabitants thereof seve- 
rally, shall be governed by and subject to the same laws 
of this Commonwealth, and held, bound, and obliged to 
perform the same duties, and be under the same penalties 
with respect to assessing and paying all such taxes ; and 
the Treasurer of said county of Hampshire shall be, and 
hereby is, directed and empowered to proceed in the same 
manner for the collection of such taxes, and shall have the 
same power and authority to collect and levy the same by 
warrant of distress, in due form of law', as if this act had 
never passed. And all lawful precepts issued by the said 
Treasurer for said county of Hampshire, for the collection 
or levying such taxes, directed to the proper officer, within 
and for the county of Franklin, shall be duly obeyed by 
such officer, under the same penalty ; and such officer shall 
be liable to be proceeded with for any default therein, in 
the same manner as in like cases where a similar default 
happens in any county within this Commonwealth, within 
and to which both said Treasurer and officer belong. 
And die said county of Franklin shall be held to pay their 
due and just proportion of all debts that shall be now due 
and owing from the said county of Hampshire. 

Sec 9. Be it ^further enacted^ That the Clerk of the 
Venires for Supreme Judicial Court, whenever he shall issue venires 
Jurors. for any Grand or Traverse Jurors to attend the Supreme 
Judicial Court to be held for the counties of Hampshire 
and Franklin, shall be governed by the division into jury 
districts already made for the county of Hampshire, until 
a new division into districts is made hereafter in both of 
the counties of Hampshire and Franklin. 

Sec. 10. And be it further enacted^ That this act shall 
be in force from and after the second day of December 



next. 



[This act passed June 24, 1811.] 



-^'*ii 



OFFICERS OF COURTS. Jiwe 24., 1811. 471 



CHAP. Lxri. 

An Act to prohibit certain officers of Courts from buying 
promissory notes and other demands for the purpose of 
making a gain or profit in the collection thereof. 

XJE it enacted hi/ 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, if any person shall with an intent thereby to 
procure himself to be retained as an attorney, or employed Probibitiwu 
as a Justice of the Peace, Sheriff, Deputy Sheriff, CoroV.er .^^^"^J^'^J^,. 
or Constable, in the collection of any note, account or fence, 
other demand whatever, by a suit at law, or with an intent 
thereby to procure and obtain any promissory note, 
account or other demand, for the purpose of making to 
himself any gain or profit from the writs or fees arising in , 

the collection thereof by a suit at law, directly, or indi- 
rectly loan or advance any sum or sums of money, or 
shall promise to loan or advance any sum or sums of money, 
or shall forbear and give day of payment,- or shall pro- 
miise to forbear and give day of pa}mei^t of any sum 
of money due on any demand left with such person, to 
be by him collected, or shall pay or assume to p^y -any debt of 
any person whatever, or shall purchase any goods or chat- 
tels or shall give or promise any valuable consideration 
whatever, with an intent thereby to procure and obtain any 
promissory note, account or other demand, for the purpose 
of making to himself any gain or profit from the writs or 
fees arising in the collecting thereof by a suit at law, every 
person so offending shall forfeit and pay a sum not more 
than five hundred nor less than t\venty dollars for each and 
every offence, to be recovered by indictment in the 
Supreme Judicial Court, in which case the forfeiture shall 
enure to the Commonwealth, or by action before any 
Court proper to try the same, in which case the forfeiture 
shall accrue one moiety to him or them who shall first sue 
and prosecute for the same, and the other moiety to the 
use of the county where such action may be prosecuted. 
[This act passed June 24, 1811.} 
N n n 



472 



METHODIST SOCIETY. 



June 24, 1811. 



CHAP. XLIII. 

An Act to establish The North Methodist Society in 

Hallowell. 



Society in- 
corporated. 



Method of 

becoming' 
a member. 



Proviso. 



anner of 
leaving. 



Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ a?id by the 
authority oj the same. That Zachariah Gibson, Joshua 
Wingattr, Enoch Gret-ley, Francis Norris, Daniel Evans, 
Robert Francis, Ralph Blake, Edward Warren, John 
Hasleth, John Megroth, Robert Yallaly, William West, 
Samuel Dally, Sullivan Kendall, Asa Robbinson, Jonathan 
Brown, Stephen Brown, Ebenezer Bessey, S. S. Bcrmett, 
Suphen Stantit.ll, Edward Freeman, Ebenezer B. Greeley, 
\^ illiam Moore, and Ebenezer Langhton, together with 
their polls and estates, be, and they hereby are incorporated 
by the name of The North Methodist Society in Hallow- 
ell, with all the privileges, powers, and immunities, and 
subject to like duties which parishes in this Common- 
wealth by law enjoy and perform. 

Sec. 2, Be it further enacted^ That any person in 
said town of Hallowell, who may at any time hereafter 
actually become a member of, and unite in religious wor- 
ship with said Methodist society, and give in his or her 
name to the clerk of the j)arish to u hich he or she did 
heretofore belong, with a certificate signed by the minister 
or clerk of said society that he or she hath actually become 
a member of, and united in religious worship with said 
Methodist society, fourteen days previous to the parish 
meeting therein to be held in the month of March or April 
annually, shall from and after giving in such certificate 
with his or her polls and estates, be considered as a mem- 
ber of said society. Provided however, That such person 
shall be held to pay his or her proportion of all monies 
assessed or voted in the parish to which he or she belonged 
previous to that time. 

Sec. 3. Be it further enacted^ That when any mem- 
ber of said society shall see cause to leave the same, and 
unite in religious worship with any other religious society 
in the town or parish in which he or she may live, and 
shall give in his or her name to the clerk of the said 



UNIVERSALIST SOCIETY. June 2^, 1811. 473 

Methodist society, and a certificate signed by the minister 
or clerk of the parish or other relij^ious society with 
which he or she may unite, that he or she hath actually 
become a member oi, and united in religious worship with 
such other parish or religious society, fourteen days previ- 
ous to their annual meeting in March or April, and shall 
pay his or her proportion of all monies voted in said 
society to be raised previous thereto, shall from and after 
giving in such certificate with his or her polls and estate 
be considered as a member of the society with which he 
or she may so unite. 

Sec 4. Be it further eriacted. That any Justice of the 
Peace in the town of Hallowell, be, and he hereby is vvawant to 
authorised and empowered to issue his warrant to some be issued, 
suitable member of said society, to meet at such time and 
place as shall be appointed in said warrant, to choose all 
such officers as parishes in this Commonwealth are by law 
entitled to choose in the month of March or April annu- 
ally. 

[This act passed June 24, 1811.] 



CHAP. XLIV. 

An Act to establish the Universalist Society in Far- 
mington. 

Sec. 1. JlSe it enacted by t fie Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same ^ That Daniel Beale, L^i^rd Billings, 
Thomas K. Blake, Asa Brown, JefiVy B. Bt^ivji^ Lemuel sodetv in- 
Bursley, Asa Butterfield, Moses Butterfield, Isaac Butter- corpor»ted. 
field, Isaac Butterfield, Joseph Butterfield, JCseph Butter- 
fitld 2d. Jesse Butterfield, Hannah Butterfield, -Reuben 
Butterfield, Henry Butterfield, Warren Butterfield, Peter 
Corbetts, James Cummings, David Daniel, Nathaniel 
Folsom, Newhall Gordon, Thomas Gordon, Noah M. 
Gould, William Gould, William Govver, Guy^ Green, 
Joseph Hiscock, Lot Hosmer, Jacob Jordan, Ebenczer 
Jones, Samuel Ladd, John Lowell, Reuben Lowell, Reu- 
ben Lowell jun. James Marvell, John Morrison, Isaac B. 
Porter, Horatio G. Quincy, Saer Quincy, Jonathan Russ, 
John Russ, Ebenezer Shaw, John P. Shaw, Joseph Sur- 



474 UNIVERSALIST SOCIETY. June 24., \8lL 

ling, Jeremiah Stinchfield, Benjamin Wethren, Benjamin 
Whittier, Nathaniel Whittier, Jeremy Wymaru ^-nd John 
Young, with their famihes and estates, together with such 
others as may hereafter associate with them and their suc- 
cessors in the manner provided by this act, be, and they 
are hereby incorporated as a reUgious society, by the name 
of The Universalist Society in Farmington, with all the 
powers and privileges exercised and enjoyed by other 
religious societies, according to the constitution and laws 
of this Commonwealth. 

Sec 2. Be it further enacted. That any person living 
M th d f '^'^^^^'^^ either of the towns of Farmington, Wilton, Ches-- 
becoming- a tcrville, Ncw Sharon, Industry, Strong or Temple, who 
member. jj^^y desire to join the said Universalist society, shall 
declare such intention in writing delivered to the elder, 
minister, or clerk of the said Universalist society, fifteen 
days at least before their annual meeting, and if such per- 
son do receive, and can produce a certificate of admission 
signed by the said elder, minister, or clerk, that such per- 
son has united with, and actually become a member of the 
said society, such person from the date of the said certifi- 
cate shall be considered with his or her polls and estate, 
a member of the said Universalist society. Provided 
Proviso, however. That every such person shall be holden to pay 
his or her proportion of all parochial expenses in the society 
to which such person belonged, assessed and not paid 
prior to leaving such society. 

Sec. 3. Be it further enacted. That when any member 
of the said Universalist society shall see cause to leave the 
same and to unite with any other religious society in the 
Manuer of towu iu which such person may have his home, shall give 
casing. notice of such intention in writing to the minister, clerk, 
or committee of such other society, fifteen days at least 
previous to the annual meeting, and if such person do 
receive, and can produce a certificate of admission signed 
by the minister, clerk, or committee of such other religious 
society^, that such person has united v»'ith, and actually 
become a member of the said society, such person from 
the date of the said certificate shall be considered with 
his or her polls and estate a member of such other 
society. 

Sec a. Be it further enacted. That any Justice of the 
Peace for the county of Kennebeck, upon application there- 



BAPTIST SOCIETY. June 24, 1811. 475 

for, is hereby authorised to issue a warrant directed to a 
freeholder and inhabitant of said Farraington, requiring Warrant to 
him to notify and warn the members of the said Univer- ^^ issued, 
salist society to meet at such convenient time and place as 
shall be expressed in said warrant, for the choice of such 
officers, as religious societies have a right to choose at their 
annual meetings. 

[This act passed June 24, 1811.] * 



CHAP. LXV. 

An Act establishing The First Baptist Society, in the 
town of Kittery, in the County of York. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That Joshua T. Chase, John Rod- Society in- 
gers, John Stevens, Darius Frisbee, William Seward, John '^"''P'*^* ^ 
Phillips, Daniel Furnald, Aaron Witham, Joseph Manson, 
William Fernald 3d. Richard Parsons, Samuel Gunnison, 
James Lewis, Roger Dearing, Mark Dennett, Joel Haley, 
Josiah Phillips, Andrew W. Black, Joshua Fernald jun. 
Pulatiah Fernald, Samuel Norton 3d. Theodore Parker, 
Daniel Parker, William Toby, John Williams, William 
Paul, John Billings, Andrew Toby, Elihu W. Wilson, 
and John Dennett jun. together with their polls and estates, 
be, and they hereby are incorporated by the name of The 
First Baptist Society in ihe town of Kittery, with all the 
privileges, powers, and immunites, and subject to all the 
duties which parishes in this Commonwealth by law enjoy 
or perform. 

Sec 2. Be it further enacted^ That any person in 
said town of Kitter}', who may at any time hereafter actu- 
ally become a member of, and unite in religious worship Method of 
with said Baptist society, and give in his or her name to m'^mbe"^'* 
the clerk of the parisii to which he or she did heretofore 
belong, with a certificate signed by the minister or clerk 
of said society, that he or she hath actually become a 
member of, and united in religious worship with said 
Baptist society, fourteen days previous to the parish meet- 
ing therein to be held, in the month of March or April 



Proviso. 



476 HOPKINTON COT. MANUFAC. J'une2A, 1811. 

annually, shall from and after giving such certificate, with 
his or her polls and estate, be considered as a member of 
said society : Provided however. That such person shall 
be held to pay his or her proportion of all monies, assessed 
or voted, in the parish to which he or she belonged pre- 
vious to that time. 

Sec 3. Be it further enacted. That when any member 
Manner of of said socicty, shall see cause to leave the same and unite 
leaving. jn rcligious worship with any other religious society in the 
town or parish, in which he or she may live, and shall give 
in his or her name to the clerk of the said Baptist society, 
and a certificate, signed by the minister, or the clerk of the 
parish, or other religious society, with which he or she 
may unite, that he or she hath actually become a member 
of, and united in religious worship with such other parish 
or other religious society, fourteen days previous to their 
annual meeting in March or April, and shall pay his or 
' her proportion of all monies voted in said society, to be 

raised previous thereto, shall from and after giving in such 
certificate, with his or her polls and estate, be considered 
as a member of the society with which he or she may 
so unite. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace in the town of Kittcry, be, and he hereby is autho- 
Warrant to ^i^^cd and empowered to issue his warrant, directed to 
be issued, some suitable member of said society, to meet at such 
time and place, as shall be appointed in said warrant, to 
choose all such oflicers as parishes in this Commonwealth, 
are by law entitled to choose in the month of March or 
April annually. 

[This act passed June 24-^ 1811.] 



CHAP. LXVI. 

An Act establishing the Hopkinton and Framingham 
Cotton Manufacturing Company. 

Sec 1. JLjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
IS in o-uthonty of the same. That Samuel Valentine, Aaron 
cor"oraie"J. EameSj^^Elias Grout, Fisher Metcalf, Samuel Valentine jr. 



CONGREGATIONAL SOCIETY. Juyie 24, 1811. 477 

Henry Valentine, Luther Bixby, John J. Valentine, Simp- 
son Clark, and Thomas Valentine, together with such 
others as already have, or may hereafter join and associate 
with them, their successors or assigns, be, and hereby are 
made a corporation by the name of The Hopkinton and 
Framingham Cotton Manufacturing Company, for the 
purpose of manufacturing cotton in the said town of Hop- 
kinton or Framingham, and for that purpose shall have all 
the powers and privileges, and be subject to all the duties 
and requirements contained in "An act defining the general 
powers and duties of manufacturing corporations," passed 
the third day of March eighteen hundred and nine. 

Sec, 2. Be it further enacted^ That the said Corpora- ^^^^ ^^^^ 
tion may lawfully hold and possess .such real estate not estate. 
exceeding the value of fifty thousand dollars, and such 
personal estate not exceeding one hundred thousand dol- 
lars, as may be convenient and necessary for carrying on 
the manufacturing of cotton in the said town of Hopkinton 
or Framingham. 

[This act passed /m«<? 24, 1811.]] 



CHAP. LXVIL 

An Act to establish the First Congregational Society in 

Sullivan. 

Sec. 1. XjE it enacted by the Senate and Home of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Samuel Bean, John Bean, Society in- 
Robert Berry, George Crabtree, Lemuel Crabtree, Hiram *'°^P°^**^^' 
Emery, John Ford, Thomas Foss, George Hinman, 
Moses Hodgkins, Samuel Hodgkins, Shemuel Hodgkins, 
Philip Hodgkins, Morgan Jones, Robert Mercer, Joseph 
Moon,Joseph Parsons, Francis Salter,Paul Dudley Sargent, 
John Sargent,Mark Shepard, James Simp:on,James Smith, 
Ehjah Stratton, Betsey Wooster, and William VVooster, 
with their poUsand estates, together with such others u-i may 
hereafter associate with them, and their successors, be, 
and they are hereby incorporated as a religious socirt/ by 
the name of The First Congregational Society in Siliivan, 
with all the powers and privileges of other religious socie- 



478 



ALFORD TURNPIKE. 



June 9.^, 1811. 



becoming a 
member. 



ties, according to the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted^ That any person in 
Method of the Said town of Sullivan, who may at any time hereafter 
v actually become a member of, and unite in religious wor- 

ship with the said First Congregational Society, and give 
in his or her name to the town clerk of said Sullivan, and 
receive a certificate thereof signed by the minister or 
clerk of the said society, that he or she has actually become 
a member of the said Congregational society in Sullivan 
fifteen days before the annual town or parish meeting, 
shall from the date of said certificate with his or her polls 
and estate, be considered a member of the said society. 

Sec 3. Be it further enacted^ That any Justice of 
the Peace for the county of Hancock, is hereby authorised 
upon application therefor to issue his warrant, directed to 
a freeholder and inhabitant of the said town of Sullivan, 
requiring him to notify and warn the inhabitants thereof, 
to meet at such convenient time and place as shall be 
appointed in said warrant, for the choice of such officers 
as parishes are empowered to choose at their annual parish 



Warrant to 
be issued. 



meetmgs. 



[This act passed June 24, 1811.] 



CHAP. LXVIII. 



An Act to empower the Alford and Egremont Turnpike 
Corporation to erect a Gate. 

-De it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the Alford and Egremont 
Turnpike Corporation, be, and they hereby are authorised 
CTntJowered ^"^ empowered to erect a gate on the Alford and Egre- 
mont Turnpike Road fifty-two rods south of the north 
line of said Egremont, which line divides the towns of 
Alford and Egremont instead of erecting the same in the 
town of Alford, as «aid corporation were heretofore by 
law authorised to do. 

[This act passed June 24, 18 11. J 



ermpowered 



PRISON.— BAPTIST SOCIETY. June 25, 1811. 479 

CHAP. LXIX. 

An Act to resrulate the Prison in the County .of Suffolk. 



Sec. 1. -OE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That any person who is now or may- 
be imprisoned for debt, in the county of Suffolk, either Liberty of 
upon mesne process or execution, shall be permitted and Prisoners, 
allowed to have a room and lodging in any of the houses 
or apartments belonging to any individual situated within 
the exterior boundaries of the gaol yard, m the said county, 
upon obtaining the consent of the owner or occupant of 
such building, house or other apartment, and liberty to 
reside therein, both in the night and day time, and the 
same apartment shall be a part of the Prison. 

Sec 2. Be it further enacted, That this act shall con- 
tinue in force until the first of March next, and no longer. 
[This act passed June 25, 181L] 



CHAP. LXX. 

An Act to establish The First Baptist Society in 
Hallowell. 

Sec 1. XjE it enacted by the Senate and House of 
Representatwes in General Court assembled, and by the 
authority of the same. That George Bartlett, James 
Hinckley, Thomas Hinckley, Thomas Norris, Simeon^ . . 
Norris, Jonathan Hains, Thomas L. Hovey, William corpo/ated. 
Door, Samuel Corr, Ralph Blake, Daniel Norcross 2d. 
Jacob Carter, Thomas Norcross, Shubael Hinckley, 
Jeremiah Littlefield, Dean Wyman, Oliver Wyman, 
Elizabeth Andross, George Andross, Bracket Andross, 
George Littlefield, Ansel Nye, Thomas Laughton, 
Elijah Handy, of Hallowell and Augusta, in the county of 
Kennebeck, with their families and estates, together with 
such others as may associate with them and their succes- 
sors agreeably to the provisions of this act, be, and they 
O o o 



BAPTIST SOCIETY. 



June 25, 1811. 



Method of 

becoming' a 
member. 



Manner of 
leaving. 



are hereby incorporated and established as a rehgious 
society by the name of The First Baptist Society in Hal- 
lowell, with all the powers and privileges, and subject to 
all the duties of other parishes and religious societies, 
according to the constitution and laws of this Common- 
wealth. 

Sec 2. Be it further enacted^ That when any per- 
son in the towns of Hallowell and Augusta aforesaid, who 
may desire to join with, and become a member of said 
Baplist society, shall declare such intention in writing to 
the clerk of said society fourteen days at least previous to 
the annual mecrting of said society, and shall receive a 
certificate signed by said clerk, which certificate shall set 
forth, that he or she has actually united with, and become 
a member of said society, and shall also leave an attested 
copy of such certificate under the hand of said clerk, with 
the clerk of the town, parish, or society, to which he or 
she did belong on or before the last day of April next 
ensuing, and said certificate shall further set forth that he 
or she has constantl}^ attended public worship with said 
Baptist society, for at least six months next preceding 
the said last day of April, 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 
pqblic worship in the town, parish or society, which such 
person has left as aforesaid. 

Sec. 3. Be it further enacted^ That when any mem- 
ber of the said Baptist society shall desire to leave the 
same and join in religious worship with any other religious 
society in Hallowell or Augusta, and shall give notice of 
such intention in writing to the clerk of said town or other 
society fourteen days at least previous to the annual meet- 
ing of such other society, and shall receive a certificate of 
membership signed by the clerk thereof, setting forth that 
he or she has constantly attended public worship with said 
society, for at least one year previous to the said meeting 
of said societ}'^, and shall also leave an attested copy of 
such certificate, signed by said clerk, with the clerk of the 
said society, he or she did belong to, on or before the last 
day of April then next ensuing, such person shall be con- 
sidered a member of the town, parish, or society, which 
he or she may so joinj with their polls and estates, and 



SHERIFF. June 25, 1811. 481 

shall be exempted from all further taxation for the support 
of public worship in the society he or she hath left as afore- 
said : Provided however, That in ervery case of secession 
every such person shall be held to pay his or her propor- 
tion of all parish or society taxes already assessed, or other 
charges in the society from which such person has seceded, 
being assessed and not paid previous to leaving such - 
society. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace in the county of Kennebeck, upon application ^y arrant to 
therefor, is hereby authorised to issue his warrant directed be issued, 
to some member of said Baptist society, requesting him 
to notify and warn the members thereof to meet at such 
time and place as shall be expressed in said warrant, for the 
choice of such officers as parishes or religious societies are 
by law empowered to choose at their annual meeting, and 
all acts or doings of all such officers so chosen shall be 
legal and binding until others are chosen in their stead, as 
if they were chosen at any annual meeting of a parish or 
religicj^is society, any law to the contrary notwithstanding. 
[This act passed June 25, 1811.] 



CHAP. LXXI. 

An Act to limit the Tenure in office of Sheriff. 



B 



>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That as soon as conveniently may- 
be after the passing of this act, the Governor, with the 
advice of Council, shall nominate and appoint some suit- . , . 
able person in each county in this Commonwealth, who ofTffice!'" 
shall be Sheriff of the said county, and the Governor shall 
remove from office all Sheriffs now in commission, who 
shall not be reappointed, and the persons so appointed 
shall be commissioned by the Governor for the term of 
five years ; Provided however, That the Governor, with 
advice of Council, may remove any Sheriff to be appointed 
as aforesaid, at any time when he may think proper within 
the said term of five years. 

[This act pas^sed June 25, 1811.] 



482 PEMBROKE.— BOSTON. June 25, 1811. 



CHAP. LXXII. 

An Act supplementary to " An act regulating the taking 
and disposing of the fish called Aievvives in the town 
of Pembroke." 

Sec. 1. XjE it enacted by the Seriate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That no person or persons, shall 
set, draw, or cast any seine, drag or set net, of any 
Ee ui f dimensions whatever, in the North river (so called,) in he 
for fishing, county of Plymouth, except from the sun's rising on Mon- 
day morning to the sun's rising on the following morning, 
and from the sun's rising on Friday morning to the sun's 
rising on the following morning in each week ; and that 
no seine, drag or set net, shall be set, drawn, or cast in said 
river, above what is called and known by the name of the 
Third Herring Brook, or Smelt Brook, excepting as is 
excepted in the tenth section of the act to which this is a 
supplement, on the penalty of sixteen dollars for each of- 
fence, to be recovered and appropriated in the manner 
provided for the recovery and appropriation of fines and 
forfeitures by the act to which this act is a supplement. 

Sec 2. Be it further enacted. That the ninth section 
of the act to which this is a supplement, be, and it hereby 
is repealed. 

[This act passed June 25, 1811.] 



CHAP. Lxxni. 

An Act, in addition to an act, entitled "An act, in addi- 
tion to an act, entitled An act to secure the town of 
Boston from damage by fire, and repealing certain parts 
thereof." 



*E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That in so much of that part of the 
town of Boston, which was set off from the town of Dor- 



COUNTY TREASURERS. . June 25, 1811. 483 

Chester, by an act passed March sixth, one thousand eight 
hundred and four,as lays south and east of Dorchester street, 
and the street north forty-eight degrees east, leading from 
said Dorchester street to the water by the ship yard, the Privilege of 
proprietors of the land shall be permitted, for the term of g^'g^g^^^" 
five years after th& passing this act, to erect any buildings 
which they might by law have erected previous to the 
passing of an act, entitled " An act, in addition to an act, 
entitled An act to secure the town of Boston from damage 
by fire, passed the ninth day of February in the year of ©ur 
Lord one thousand eight hundred and three. 
[This act passed June 25, 1811.] 



CHAP. LXXIV. 

An Act to direct the time and manner of exhibiting the 
accounts of County Treasurers, and the estimates for 
County Taxes. 

Sec. 1. X3E it enacted by the Senate and House of 
Mepresentatives in General Court assembled^ and by the 
authority of the same^ That the respective Courts in the 
several counties of this Commonwealth, having jurisdic- Courts to dU 
tion in this behaif, at the terms of the said Courts holden manner ^o^f 
next before the first day of January annually, shall make exhibiting- 
up and prepare estimates of taxes for all county charges, ^^<^°""*^' '^ 
equal at least to defray the expenses which have accrued 
or may probably accrue for one year ensuing therefrom, 
including the building and repairing of gaols and < ourt 
houses, and their appurtenances, with the debts due and 
owed by the said counties respectively, and the said esti- 
mates being so made and approved by the said courts, 
shall be recorded by the respective clerks in a book for 
that purpose to be provided and kept, and a fair copy of 
the said estimates shall be signed by the Chief Justice or 
Senior Justice presiding in the said Courts, and attested 
by the Clerks tliereof, and the said Clerks respectively shall 
transmit the same to the office of the Secretary of the 
Commonwealth, on or before the first d:iy of January 

iTiUcilly, so that the said estimates may be laid before thf 



Treasurers 
directed. 



4,84 MANNER OF CONVEYANCE. June f5, 18H. 

Legislature for their approbation, at the session thereof 
which may be thereafter next holden. 

Sec. 2. Be it further enacted^ That the Treasurers 
of the several counties be, and they are hereby directed to 
prepare and exhibit their accounts as County Treasurers 
annually, to the close of every year, to be accompanied 
with the estimates for County taxes, being first allowed 
and approved by the said Courts ; and it shall be the duty 
of the said Treasurer to deliver the said accounts to the 
said Clerks of the Courts aforesaid, and it shall be the 
duty of the said Clerks to enclose and seal" up the said 
Treasurers accounts with the said estimate, and transmit 
them to the office of the Secretary of the Commonwealth, 
that they may be examined and allowed by the Legislature, 
at the same time with the said estimates for county taxes. 
[This act passed June 25, 181 1.] 



CHAP. LXXV. 



An Act directing the manner of conveyance to be used 
by Counties in purchasing and disposing of lands. 

Sec 1. JjE it enacted bt/ the Sefiafe and House oj* 

Representatives in General Court asseinbled^ and by the 

authority of the same. That whenever any county in this 

siannerof State shall purchasc any lands whereon to erect a court 

conveyance housc or gaol, or for any other purposes authorised by law, 

p^JrpoSdi- ^he deed or deeds of the grantor or grantors duly execut- 

fepted. ed, acknowledged, and registered made to the inhabitants 

of the county, making the purchase, to have and to hold 

to the said inhabitants, their successors, and assigns 

forever, shall be good and valid to all intents and purposes 

to vest in the said inhabitants and county, their successors 

and assigns, in fee simple, all the right, title, interest, and 

estate w^hatever, which the grantor or grantors in such 

deed or deeds had at the execution thereof in the lands 

contained therein. 

Sec 2. Be it further enacted. That all grants and 
Convey- conveyances heretoibie made to the inhabitants of any 
ances made, cQuuty, or to their Treasurer, Committee, or any other 
deemed se- ^^^^^^ ^^ pcrsons, aud by whatever form of conveyance 



NEWTON MILL DAM. Mme 25, 1811. 485 

for the use and benefit of such county, in any manner 
whatever, shall be deemed and holden to be the property 
of such county, and all such conveyances shall have the 
same force and effect as if they had been made to the 
inhabitants of such counties by their respective corporate 
names. 

Sec 3. Be it further enacted, That the Court which Agents may 
by law may have the powers in relation to county lands, t)eappomted 
may by their order of record appoint an agent or agents, 
to sell and dispose of any real estate of said county, and 
the deed or deeds of such agent or agents imder tlieir pro- 
per hands and seals, for and in behalf of the inhabitants 
of such county, dnly acknowledged and registered, shall 
be sufficient to all intents and purposes to convey to the 
purchaser or purchasers, all the right, title, interest, and 
estate whatever, which the county may then have to the 
premises so convej/ed. 

Sec. 4. And be it further enacted. That in all cases 
where any real estate may now or at any time hereafter be ^ ^^ t^.^°t, ' 
holden in trust for the use and benefit of any county by 
any conveyance whatever, and no convenient and effectual 
remedy may exist at common law to enforce the execu- 
tion of such trust, the Supreme Judicial Court, shall have 
full powers and process, and they are hereby empowered 
to enforce the execution of such trust, according to the 
course of proceedings in equity. 

[This act passed June 25, 18 11. J 



CHAP. LXXVL 

An Act for the relief of the owners of the North Mill 
Dam, (so called) at the Lower falls in Newton. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives hi General Court assembled, and by the 
authority of the same. That a certain act made and 
passed in the year of our Lord one thousand seven hundred ^^^ repeal- 
and forty-one, entitled " An act, in addition to An act 
made to prevent the destruction of the fish called alewives 
and other fish," so far as the same may regard or impose any 
duty upon the owners or occupants of the North Mill 



486 



BAPTIST SOCIETY. 



June. 25, 1811. 



Dam, which is erected across Charles River from the 
town of Newton to the town of Needham, at the lower 
falls, be, and the same is duly repealed. 

Sec. 2. jBe it further enacted. That it shall not here- 
after be the duty of the owner or occupants of the said 
Priviieg-e of Mill dam, or any other dam which may be built or erected 
o^c^upants. ^^^^^^ Charles river, between the said towns of Newton 
and Needham at the Lower falls aforesaid, in the place 
where the old dam now stands, to make or keep open 
through any such dam, any sluice or passage way through 
any such dam during any part of the year, any other law, 
usage, or custom to the contrary notwithstanding. 
[This act passed June 25, 1811.] 



CHAP. LXXVII. 

An Act to establish the First Baptist Society in the town 

of Sidney. 

Sec 1. JLJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Benjamin Dyer, Jeremiah 
Thayer, Jonathan Matthews, Eli French, Joshua Howard, 
Edmund Howard, John Sawtell, Jesse French, Asa Wil- 
Society in- liams, x\masa Hayward, David Reynolds, Ambrose How- 
orporae . ^^^^ Ebenczer Matthews, Daniel Thayer, Alexander 
Smily, David Smily jun. Joseph Smily, Levi Keith, 
Isaiah Hayward, John Lancaster, Beriah Ingraham, Timo- 
thy Reynolds jun. Charles Webber jun. Edmund Mat- 
thews, Luther Reynolds, Luther Ingraham, Calvin Snell, 
Timothy Reynolds, Paul Bayley, Edward Reynolds, 
William Brands, John Pinkham jun. and a number of the 
inhabitants of the towns of Sidney, Augusta, and Vassal- 
borough, in the county of Kennebeck, with their families 
and estates, with such others belonging to either of the 
towns aforesaid, as have or may hereafter associate them- 
selves for the same purpose in the manner hereafter des- 
cribed, be, and they are hereby incorporated into a reli- 
gious society by the name of The First Baptist Society 
in the town of Sidney, with all the powers, privileges, 



BAPTIST SOCIETY. . June 25, 1811. 48 



and immunities, to which other parishes are entitled by the 
constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted^ That any person be- 
longing to either of tiie towns aforesaid, who may at any Method of 
time hereafter actually become a member of, and unite ii^ member.^* 
relig-ious worship with the society aforesaid, and give in 
his or her name to the town or parish clerk to which he or 
she belongs with a certificate signed by the minister or 
clerk of said society, that he or she has actually become a 
member of, and united in religious worship with the afore- 
said Baptist Society in the town of Sidney, fourteen days 
previous to the town or parish meetings therein to be held 
in the month of March or April annually, shall from and 
after giving such certificate, with his or her polls and estates, 
be considered as part of said society. Provided however^ 
That such person shall be held to pay the proportion of all 
money assessed in the town or parish to which he or she 
belonged previous to that time. 

Sec 3. Be it further enacted. That if any member 
of said Baptist society shall at any time see cause to leave 
the same and unite in religious worship with the town or 
parish in which he or she may reside, and shall lodge a f^^^""^*^ °^ 
certificate of sucli his intention with the clerk or minister 
of said Baptist society, and also with the clerk of the town 
or parish in which he or she may reside fourteen days at 
least before the annual town or parish meeting to be held 
therein in the month of March or April, and shall pay his 
or her proportion of all money assessed on said society 
previous thereto, such person shall from and after giving 
such certificate with his or her polls and estates, be consi- 
dered as belonging to the town or parish or society in 
which he or she may reside, in die same manner as if he 
or she had never belonged to said Baptist society. 

Sec. 4. And be it further enacted, That Ambrose How- 
ard Esq. be, and he is hereby authorised to issue a warrant 
directed to some suitable member of said Baptist society, Wan-ant t-) 

-•■.. • r 1 1 II f.be issued- 

rcquirmg Umi to notify and warn the members thereof to 
meet at such time and place as shall be appointed in said 
warrant, to^ choose such officers as parishes in this Com- 
monwealth are by law authorised to choose in the month 
of March or April annually. 

[This act passed June 25, 1811.] 

ppp 



GAY HEAD. • June 25, 1811. 



CHAP. LXXVHI. 

An Act for the better regulation of the Indian, Mulatto, 
and Negro Proprietors of Gay Head in the County 
of Duke's County. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That His Excellency the Gov- 
Guardians crnor, by and with the advice of the Council, may appoint 
appointed £t thrcc proper persons to be guardians, to the Indian, Mu* 
empowered, j^^^^^ ^^^ Ncgro Proprietors of Gay Head, in the county 
of Duke's County, who shall give bonds with sufficient- 
sureties to the Judge of Probate, in and for said county 
of Duke's County, for the faithful discharge of their 
trusts, and to render and settle their accounts as is therein 
after directed, which Guardians arc hereby empowered to 
take into their possession the lands of said Indians, 
Mulattoes, and Negroes, and allot to the several Indian, 
Mulatto, and Negro proprietors of said lands, such parts 
of said lands as shall be sufficient for their particular 
Surplus ap. improvement from time to time ; and the remainder, if 
any there be, shall be let out by the said Guardians to 
suitable persons, for a term not exceeding two years, and 
such part of the income thereof as is necessary shall be 
applied for the support of such of the said proprietors as 
may be sick or unable to support themselves, and the 
surplus thereof, (if any there be,) shall be distributed 
amongst them according to their respective rights or 
interest, for providing necessaries for themselves and fami- 
lies, and for the payment of their just debts, at the discre- 
tion of their said Guardians ; and that the respective 
Guardians aforesaid, or the major part of them, be hereby 
empowered and enabled, in their own names, and in their 
capacities as Guardians, to brmg forward and maintain any 
^rar'^TIf actiou or actious for any trespass or trespasses that may be 
GuHvdians Committed, or any action of ejectment against any person 
^"'y- or persons who may illegally enter into the possession of 

said lands, and that any liberty or pretended liberty obtained 
from any Indian, Mulatto, or Negro proprietor, for 
cutting off any timber, wood, or hay, carrying off any ore, 



BAPTIST SOCIETY, June^^, 1811. 48§ 

earth, or grain, or planting or improving said lands, shall 
not be any bar to said Guardians in their said action or 
actions. 

Sec. 2. And he it further enacted. That no action 
shall be brought against any of the Indian, Mulatto, or 
Negro proprietors of said lands, for any debt hereafter to Guardians to 
be by them contracted with any person or persons for any "-H^^^ ^^' 
sum whatsoever, unless the same be first examined and 
allowed in writing, and signed by the said Guardians or a 
major part of them. 

Sec. 3. Jtid be it further enacted, That, the said 
Guardians shall keep a fair account of their proceedings to account 
relative to the trust in them reposed by this act, to be by ^""hf^e 
them laid before the Court, who exercise the pov/ers and court of Ses- 
duties of the Court of Sessions for the county of Duke's s'°"s. 
County, from year to year, and oftener if required by said 
Court, for their inspection and allowance. 

Sec 4. And be it further enacted, That no action 
shall be sustained in any Court of Law in this Common- 
wealth, wherein any of said Indian, Mulatto, or Negro ^vrits*" 
proprietors shall be plaintiff", unless the original writ be 
endorsed by two or more of their Guardians, and this act 
may be given in evidence in all such actions under the 
general issue. 

Sec 5. And be it further enacted, That whenever the 
Governor and Council shall judge the continuance of 
the said Guardians in their said trust inexpedient or 
unnecessary, they may remove them. 

[This act passed June 25, 1811.] 



CHAP. LXXIX. 

An Act to establish the Baptist Society of Limington and 
Limerick in the County of York. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Lemuel Foss, John Manson, 
Richard Edgerly, Andrew Rankins, Hiram Staple, 
Andrew Cobb jun. James Staple, Andrew Cobb, Joseph 
Libbey, David Ridley jun. Tristram Staple, Nathaniel 



490 



BAPTIST SOCIETY. 



June 25, 1811. 



Persons In- 
corporated. 



Slethod of 
hccominjj a 
inember. 



Maimer of 



Bracket jun. Samuel Morrison, Benjamin Libbey, John 
Staple, David Barry, Daniel Bean, James Emery, Enoch 
Staple, Robert Staple, David Stover, Simeon Tufts, Den- 
nis Marr, Mark Manson, James Lord, William Man- 
son jun. Samuel Garey, Joel Garey, Samuel Garey jun. 
John Foss, Joseph Foss, Josiah Foss, Dudley Evans, 
Daniel Grant, David Richardson, Dominicas M'Kenney, 
William Sawyer, Ezra Davis jun. Enoch Nason, George 
Meserve, John Lord, Reuben Chancy, Joseph Sawyer, 
John Stone, David Meserve, Andrew Cobb, Nathaniel 
Norton, Joseph Durgen, James Nason, David Richardson, 
John Randell, Samuel Edgerly, John Gore, Jeremiah 
Bullock, William Boothby, John Berry, Samuel Manson, 
Enoch Strout, Joseph Libbey jun. John Haley, Benjamin 
Joy, Samuel Joy, David Boyd, Moses Bay ley, and Benja- 
min Keen, together with their polls and estates, be, and 
they are hereby incorporated, by the name of The First 
Baptist Society of Limington and Limerick, with all the 
privileges, powers, and immunities, and subject to all the 
duties which parishes in this Commonwealth by law enjoy 
and are liable to perform. 

Sec. 2. Be it further enacted, That any person who 
may at any time hereafter actually become a member of, 
and unite in religious worship with said Baptist society, 
and give in his or her name to the clerk of the parish to 
which he or she did heretofore belong, with a certificate 
signed by the minister or clerk of said society, that he or 
she hath actually become a member of, and united in reli- 
gious worship with said Baptist society, fourteen days pre-, 
vious to the parish meeting therein to be held in the month 
of March or April annually, shall from and after giving 
such certificate with his or her polls and estate, be con- 
.sidered as a member of said society. Provided howevery 
That such person shall be held to pay his or her proportion 
of all monies assessed or voted in the parish to which he 
or she belonged previous to that time. 

Sec. 3. Be it further enacted. That when any member 
of said societ}- shall see cause to leave the same, and unite 
in religious worship with any other religious society 
in the town or parish in which he or she may live, and 
skill give in his or her name to the clerk of said Baptist 
society, with a certificate signed by. the minister or 
clerk of the parish pr other incorporated society with 



TURNPIKE ROAD. , June 25, 1811. 491 

which he or she may unite, that he or she hath actually 
become a member of, and united in religious worship 
with such other parish or other incorporated religious 
society, fourteen days previous to their annual meeting in 
March or April, and shall pay his or her proportion of all 
iTionies voted in said society to be raised previous thereto, 
shall from and after giving in such certificate, with his or 
her polls and estates, be considered as a member of the 
society to which he or she may so unite. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace in the towns of Limington or Limerick be, and he w'an-ant to- 
hereby is authorised and empowered to issue his warrant, be issued. 
directed to some suitable member of said society, to meet 
at such time and place as shall be appointed in said war- 
rant, to choose all such officers as parishes in this Com- 
monwealth are by law entitled to choose in the month of 
March or April annually. 

/•' [This act passed June 25, 1811.] 



CHAP. LXXX. 

An Act to establish the Great Barrington and Alford 

Turnpike. 

Sec 1. -iJE H enacted by the Senate and House of 
Hepresentatwes in General Court assembled, and by the 
authority of the same, That Jacob Van Deusen 1st. 
Lambert Burghardt, Joseph Pelton, Isaac Van Deusen 2d. 
Eiias Arnold, Christopher French, Ebenezer Pope, persons in. 
Matthew Van Deusen, Jabez Turner, George Beckworth, corporated. 
and others, their associates, together with . such other per- 
sons as may hereafter associate with them, be, and they 
hereby are made a corporation and body politic, by the 
name and style of The Great Barrington and Alford Turn- 
pike Corporation, for the purpose of laying out and mak- 
ing a lurnpike road from the dwelling house of Ezekiel 
A. Mills in Great Barrington in the county of Berkshire, 
thence on the best route to or near the dwelling house of 
Isaac Van Deusen, at the foot of the monument mountain 
(so called) ; thence the best route to or near the dwelling 
house of Jacob Van Deusen, thence to or near the dwelU 



43^2 COURT OF SESSIONS. June 25, ISlh 

ing house of Captain Bethuel Seley ; thence to or near 
the dwelling house of John Scripture in Alford ; thence oil 
the best route to the dwelHng house of Andrew Race ia 
Egremont ; from thence on the best route to the line of 
the state of New York, near the dwelling house of Philip 
Smith ; and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, requirements, 
and penalties contained in an act entitled, " An act defin- 
ing the general powers and duties of Turnpike corpora- 
tions," 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. 
Sec. 2. JBe it further enacted^ That when the road 
One ffate to aforesaid shall be laid out, made, completed, and shall be 
be erected* approved by the Court for said county, which shall have 
jurisdiction on the subject of highways, at the time when 
said road is completed, the said corporation shall have 
power to erect one gate thereon, at such place as the said 
Court may order, and shall be entitled to receive such toU 
thereat, as by the act aforesaid is provided. 

[This act passed June 25, ISll.j 



CHAP. LXXXI. 

An Act to establish the Court of Sessions. 

Sec. 1. JLjE 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 first day of 
September next, an act made and passed the nineteenth 
day of June in the year of our Lord one thousand eight 
hundred and nine, entitled " An act to transfer the powers 
^ct repeal- ^^^ duties of the Court of Sessions to the Courts of 
Common Pleas, and for other purposes," be, and the same 
is hereby repealed ; and that all acts and parts of acts rela- 
tive to the Courts of Sessions, which were in force at the 
time the act was in force which is hereby repealed, be, and 
the same are hereby revived from and after the said first 
day of September next. 

Sec 2. Be it further enacted, That from and after 
the first day of September next, all petitions, recogniz* 



COURT OF SESSIONS. /M«e25. 1811. 493 

zances, warrants, orders, certificates, reports and processes, 
made to, pending in, taken for, or continued or return- 
able to the Courts of Common Pleas in the several coun- 
ties of this Commonwealth, of which the Courts of Ses- Powers and 
sions had cognizance at the time of passing the act which couri of 
is hereby repealed, shall be returnable to, entered, have Common 
day, be proceeded in and determined, by the respective ^^^red!""* 
Courts of Sessions, within and for the same counties at 
the term thereof which shall next be holden after the first 
day of September next, in the same way and manner as if 
the same had never been made returnable or transferred to 
the Courts of Common Pleas, and that all petitions, recog- 
nizances, warrants, orders, reports and processes which 
shall hereafter be made or taken, shall be made and taken 
to the Courts of Sessions within the respective counties at 
the term thereof, which shall be next holden after the first 
day of September next, in the same manner as they would 
have been made or taken to the said Court of Common 
Pleas, if this act had not been passed. Provided how- provis?. 
ever. That the Clerks of the Courts of Common Pleas, 
in the several counties, shall be Clerks of the Courts of 
Sessions. 

Sec 3. Be it further enacted^ That his Excellency 
the Governor, by and with the advice and consent of the 
Council, be, and he is hereby authorised to appoint and 
commission one Chief Justice, and not exceeding four, Appohii,- 
nor less than two other persons for any one county, who ^^^\^ of 
shall be Justices of the same Court in their respective ' 
counties ; and the powers of the Courts of Sessions, who 
were in commission at the time of transferring their 
powers and duties to the Courts of Common Pleas shall 
ceaee from and after the passing of the act transferring 
"Said powers to the Courts of Common Pleas aforesaid, 
[This act passed June 25^ 1811."! 



494 



MERCHANTS' BANK. 



June 25, 181L 



CHAP. Lxxxn. 



An Act to incorporate The President,' Directors, and 
Company of the Merchants' Bank. 



B 



Sec. 1. X)E it enacted by the Senate arid House of 
Representatives in General Court assembled, and by the 
authority of the same, That George Crowninshield, 
Jonathan Ncal jun. William Cleaveland, Joshua Dodge, 
Henry Elkins, James Devereaux, John Hathorne, George 
Persons in- Hodges, Robert Stone, William Fabens, Henry Prince, 
corporated. Peter Lander, Robert Stone jun. Timothy Bryant, Williani 
Silsbee, James Cheever, Joseph Sprague, John Deland, 
Stephen White, John Saunders, Butler Fogerty 2d. John 
W. Treadvvell, John Crowninshield, George Crown- 
inshield jun. George S. Johonnot, Gilbert Chadwick, 
William Lander, Jeremiah Shepard, Ebenezer Burrell, 
William Hathorn jun. James Bott, Hugh Ervin, John 
Foster, Thomas M. Woodbridge, Benjamin Cox, Thomas 
Whitteredge, and William Stearns, their associates, suc- 
cessors, and assigns, shall be, and hereby are. created a 
corporation, by the name of The President, Directors, and 
Company of tlie Merchants' Bank, and shall so continue 
from the first day of October next, for the term of twenty 
years next ensuing, and by that name shall be, and hereby 
are made capable in law, to sue and be sued, plead and be 
impleaded, defend and be defended in any Courts of 
Record, or any other place whatever, and also to make, 
have, and use a common seal, and to ordain, establish and 
put in execution, such by-laws, ordinances, and regula- 
tions, as to them may appear necessary and convenient for 
the government of the said corporation, and the prudent 
management of their affairs ; provided, such by-laws, • 
ordinances, and regulations, shall in no wise be contrary to 
the constitution and laws of this Commonwealth, and the 
said corporation shall be always subject to the rules, res- 
trictions, limitations, and provisions herein prescribed. 

Sec 2. And be it further enacted. That the capital 
stock of the said Corporation, shall consist of a sum not 
less than two hundred thousand dollars, but the same 
may by the vote of the Stockholders, be increased to any 



Their pow- 
ers. 



Proviso. 



MERCHANTS' BANK. June 26, 1811, 495 

sum not exceeding three hundred thousand dollars, in 
gold and silver, divided into shares of one hundred dollars 
each. The two hundred thousand dollars of which shall 
be paid in at four equal instalments ; the first, on the first Time of 
day of October ; the second, on the first day of January ; stYiments' 
the third, on the first day of April next ; and the fourth, 
on the first day of July, which will be in the year of our 
Lord eighteen hundred and twelve. And the Stock- 
holders, at their first meeting shall, by a majority of votes, 
determine the mode of transferring and disposing of said 
stock, and the profits thereof, which being entered in the 
books of said corporation, shall be binding on the Stock- 
holders, their successors and assigns ; and the said corpo- 
ration are hereby made capable in law, to have, hold, pur- ^,"^^2^°" 
chase, receive, possess, enjoy, and retain to them, their real estate. 
successors and assigns, lands, rents, tenements, and here- 
ditaments to the amount of fifty thousand dollars and no 
more, at any one time, with power to bargain, sell, and 
dispose of the same, and to loan and negociate their 
monies and effects, by discounting on banking principles, 
on such security as they shall think advisable : Provided 
however, That nothing herein contained, shall restrain, or Provjso. 
prevent the said corporation from taking and holding real 
estate in mortgage, or on execution to any amount as secu- 
rity for, or in payment of any debts due to the said corpo- 
ration ; and provided ftwt her, that no money shall be 
loaned on discounts made, nor shall any bills or promissory 
notes be issued from said bank until the capital subscribed 
and actually paid in, and existing in gold and silver in 
their vaults, shall amount to fiftv thousand dollars. 

Sec 3. And be it further enacted, That the following 
rules, limitations, and provisions, shall form and be the 
fundamental articles of the said corporation : — 

First, That the total amount of the debts which the 
said corporation shall at any time owe, whether by bond, ^^^^^ jj^^j 
bill, note, or other contract, exclusive of debts due ontationsand 
account of deposits, shall not exceed twice the amount of P^°"^'°"^- 
their capital stock actually paid in. Nor shall there be 
due to the said corporation at any one time more than 
double the amount of their capital stock actually paid in 
as aforesaid. In case of excess the Directors, under whose 
administration it shall happen, shall be liable for the same 
in their natural and private capacities ; and an action of 

Qqq 



MERCHANTS' BANK. \/«;ze 26, 1811. 

debt may in such case be brouglit against them, or any of 
them, theirj, or any of tlieir heirs, executors, or adminis- 
trators, in any Court proi)er to try the same, by any credi- 
tor or creditors of said corporation ; and may be prose- 
cuted to final judgment and execution, any condition, 
covenant, or agreement to tlie contrary notwithstanding. 
But this shall not be construed to exempt said corporation, 
or the lands, tenements, goods, or chattels of the same 
from being also liable for, and chargeable with said excess, 
such of said Directors who may have been absent when 
said excess was contracted, or created, or who may have 
dissented from the resolution or act whereby the same was 
so contracted, or created, may respectively exonerate 
themselves from being so liable, by forthwith giving 
notice of the fact, and of their absence, or dissent, to the 
Governor and Council, and to the Stockholders at a gene- 
ral meeting, which they shall have power to call for that 
purpose. 

Second. That the said corporation shall not vest, use, 
or improve any of their monies, goods, chattels, or effects 
in trade or commerce ; but may sell all kinds of personal 
pledges lodged with them by way of security, to any 
amount sufficient to reimburse the sum loaned. 

Third. That the lands, tenements, and hereditaments, 
which the said corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of their 
business. 

Fourth. None but a member of the said corporation, 
being a citizen of this Commonwcallh, and resident therein, 
shall be eligible for a Direcior , aiid the Directors shall 
choose one of their own number to act as President ; and 
the Cashier before he enters on the duties of his office, 
shall give bonds with two sureties, to the satisfaction of 
the board of Directors, in a sum not less than twenty 
thousand dollars, with condition for the faithful discharge 
of the duties of his office. 

Fifth. No Director of any other bank, shall be eligible 
to the office of Director of this bank, although he may be 
a stockholder therein. And any Director, accepting any 
office in any other bank, shall be deemed to have vacated 
his place in this bank. 

Sixth. That for the well ordering the affairs of the said 
corporation, a meeting of the Stockholders shall be hekl 



MERCHANT'S' BANK. Ju?ie 26, 1811. 49: 

at such places as they shall direct, on the first Monday in 
annually, and at any other time during the continu- 
ance of the said corjDoration, and at such place, as shall be 
appointed by the President and Directors for the time 
being, by public notification, given one week previous 
thereto, at which annual meeting, there shall be chosen by 
ballot, nine Directors to continue in office the year ensuing 
their election ; and the number of votes to which each 
Stockholder shall be entitled, shall be according to the 
number of shares he shall hold, in the following proportion, 
that is to say, for one share, one vote ; and every two 
shares above one, shall give a right to one vote more ; 
provided, no one member shall have more than ten votes ; 
and absent members may vote by proxy, being authorised 
in writing. 

Seventh. The Stockholders may make the President 
such compensation, as to them shall appear reasonable. 

Eighth. Not less than three Directors shall constitute a 
board for the transaction of business, of whom the Presi- 
dent shall always be one, (excepting in cases of sickness 
or necessary absence, in which case the Directors present 
may choose a chairman for the time being in his stead.) 

jYinth. All bills issued from the bank aforesaid, and 
signed by the President, shall be binding on the corpora- 
tion ; but it shall not be kuvful for them to issue any bills 
of a less denomination than five dollars. 

Tenth. The Directors shall make half yearly dividends 
of all the profits, rents, premiums, and interest of the 
bank aforesaid. 

Eleventli. The Directors shall have power to appoint a 
Cashier, Clerks, and such other officers for carrying on the 
business of said bank, with such salaries as to them shall 
seem meet. 

Twelfth. In- case any loss or deficiency of the capital 
stock shall arise from the official mismanagement of the 
Directors, the persons who are Stockholders at the time of 
such mismanagement, shall, in their private and individual 
capacities, be respectively liable to pay the same ; Provided 
however, that in no case shall any one Stockholder be 
liable to pay a sum exceeding the amount of the stock 
actually then held by him. 

TJiirteenth. In case the officers of said cor|X)ration in 
the usual banking hours at said bank, shall refuse or delay 



498 



MERCHANTS' BANK. 



Jwie 26, 1811. 



Special com 
snittee em- 
powered. 



Wanner of 
calling a 
ineeting" of 
stockhold- 
ers. 



Directors 
required to 
transmit to 
;iuthority. 



payment in gold or silver of any note or bill of said cor- 
poration then presented for payment, the said corporation 
shall be liable to pay as additional damages at the rate of 
twcnty-fonr per cent, per annum, for the time during 
which such payment shall be refused or delayed. 

Fourteenth. The holders of the shares or stock in said 
corporation at the time when this act may expire, shall be 
chargeable in their private and individual capacities, and 
shall be holden for the payment and redemption of all 
bills, which may have been issued by said corporatiorr, and 
which may then remain unpaid, in proportion to the stock 
which they may respectively hold. 

Sec. 4. And be it further enacted. That the said bank 
shall be established and kept in the town of Salem. 

Sec 5. And be it further enacted^ That any com- 
mittee specially appointed by the Legislature for the pur- 
pose, shall have a right to examine into the doings of said 
corporation, and shall have free access to all their books 
and vaults, and if upon such an examination it shall be 
found, and after a full hearing of said corporation thereon, 
be determined by the Legishiture that said corporation have 
exceeded the power herein granted them, or failed to 
comply with any of the rules, restrictions, and conditions, 
in this act provided, their incorporation may thereupon be 
declared forfeited and void. 

Sec 6. And be it further enacted. That the persons 
herein before named, or any three of them, are authorised 
to call a meeting of the members and stockholders of said 
corporation, as soon as may be, at such time and place, as 
they may see fit, (by advertising the same for three weeks 
successively in the Essex Register and Salem Gazette), 
for the purpose of making, ordaining, and establishing, 
such by-laws, ordinances, and regulations, for the orderly 
conducting the affairs of the said corporation, as the said 
Stockholders shall deem necessary, and for the choice of 
the first board of Directors, and such other officers as they 
shall see fit to choose. 

Sec 7. And be it further enacted, That it shall be the 
duty of the Directors of said bank, to transmit to the 
Governor and Council of this Commonwealth, for the 
time being, once in six months at least, and as much 
ofteneras they may require, accurate and just statements 
of the amounts of the capital stock of said corporation. 



MERCHANTS' BANK. June 26, 1811. 499 

and of debts due to the same, of the monies deposited 
therein, of the notes in circulation, and of the gold, silver, 
and copper coin, and the bills of other banks on hand, 
which statement shall be signed by the Directors, and 
attested by the Cashier. 

Sec. 8. And be it further enacted. That the said cor- 
poration shall be liable to pay to any bona fide holder, the Counteffeit 
original amount of any note of said bank counterfeited, ""tes. 
or altered, in the course of its circulation, to a larger 
amount, notwithstanding such alteration. 

Sec 9. And be it further enacted, That the said cor- 
poration, from and after the first Monday of October, in ^^^* 
the year of our Lord one thousand eight hundred and 
twelve, shall pay by way of lax, to the Treasurer of this 
Commonwealth, for the use of the same, within ten days 
after each semi annual dividend, the half of one per cent, 
on the amount of the original stock, which shall at the 
time of said dividend have been actually paid in. Pro- 
vided however, That the same tax, payable in manner p^^^^^*- 
aforesaid, shall be required by the Legislature of all banks, 
that shall be hereafter incorporated within this Common- 
wealth ; and provided further, that nothing herein shall be 
consirued to impair the rights of the Legislature to lay a 
tax upon any bank already incorporated, under the autho- 
rity of this Commonwealth, whenever they may see fit so 
to do. 

Sec. 10. And be it further enacted. That one tenth 
part of the whole funds of said bank, shall always be 
appropriated to loans, to be made to citizens of this Com- Proportion 
monwealth, not resident in the town of Salem, and wherein ed^foTbans 
the Directors shall v/holly and exclusively regard the 
agricultural and manufacturing interest, which loans shall 
bt made in sums, not less than one hundred dollars, nor 
more than five hundred dollars, and upon the personal 
boiKl of the borrower, with collateral security by a mort- 
gage of real estate to the satisfaction of the Directors of 
srid bank, for a term not less than one year, and on condi- 
tion of paying the interest annually on such loans, subject 
to such forfeitures and right of redemption as is by law 
provided in other cases. 

Sec 1L And be it further enacted, That whenever 
the Legislaturt: shill require it, the said corporation shall 
loan to the Commonwealth any sum of money which may 



500 INSTRUCTION OF YOUTH. June '2^, 1811. 

. . . be required, not exceeding ten per centum of the amount 

loan to the of the Capital stock actually paid in, at any one time, 

Common- reimbursable by five annual instalments, or at any shorter 

period, at the election of the Commonwealth, with the 

annual payments of interest, at a rate not exceeding five 

Proviso. per centum per annum. Provided however^ That the 

Commonwealth shall never at any one time stand indebted 

to said corporation, without their consent, for a larger 

sum than twent}' per centum of the capital stock actually 

paid in. 

Sec 12. Be it further enacted^ That the Common- 
wealth shall have a right, whenever the Legislature shall 
Common- make provision by law, to subscribe on account of the 
beTorae™'^^ Commonwealth a sum not exceeding one hundred and 
stockhoid- fifty thousand dollars, to be added to the capital stock of 
^^- said company, subject to such rules, regulations, and pro- 

visions as shall be by the Legislature made and established 
as to the management thereof. 

[This act passed June 26, 18 11. 3 



CHAP, LXXXIH. 

An Act to repeal part of '' An act to provide for the 
instruction of Youth, and for th§ promotion of good 
education." 



W, 



HERE AS the fifth section of said act 
provides that no settled minister shall be deemed, held, 
or accepted to be a school-master within the intent of the 
same act. 

BE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That the said provision as it res- 
pects settled ministers, be, and the same is hereby 
repealed. 

[This act passed June 26, 1811.] 



STATE BANK. June 26, 1811. 501 



CHAP. LXXXIV. 

An Act to incorporate the President, Directors and Com- 
pany of the State Bank. 



1. Be 



Sec. 1. JLJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That William Gray, Henry Dear- g^j^j^j^^.^^ 
born, David Tilden, Russell Sturgis, John Brazer, and porated. 
David Townsend, their associates, successors, and assigns, 
shall be, and hereby are created a corporation, by the 
name of The President, Directors, and Company of the 
State Bank, and shall so continue from the first day of 
October next, until the first Monday in October which 
will be in the year our Lord one thousand eight hundred 
and thirty-one, and by that name shall be, and hereby are 
made capable in law, to sue and be sued, plead and be 
impleaded, defend and be defended in any Courts of 
Record, or any other place whatever ; and also to make, 
have, and use a common seal, and the same at pleasure 
again to break, alter and renew ; and also to ordain, estab- 
lish and put in execution, such by-laws, ordinances, and 
regulations, as to them shall appear necessary and conve- 
nient for the government of the said corporation, and the 
prudent management of their affairs; provided, such 
by-laws, ordinances, and regulations, shall in no wise be 
contrarv to the constitution and laws of this Common- 
wealth, and the said corporation shall be always subject 
to the rules, restrictions, limitations, and provisions herein 
prescribed. 

Sec 2. And be it further enacted, That the capital 
stock of the said Corporation, shall consist of a sum not ^^"^[^^""'^ '^^ 
more than three millions of dollars, in gold and silver, to be stock. 
besides such part as this Commonwealth shall subscribe, 
in manner hereinafter mentioned, divided into shares of 
one hundred dollars each, which shall be paid in at five 
equal instalments ; the first on the fifteenth day of Octo- 
ber next, the second on the fifteenth day of April next, hi'^YnS!^ 
and the third on the fifteenth day of October, which will ments. 
be in the year of our Lord one thousand eight hundred and 
tu'elve, the fourth on the fifteenth day of April, and the 



502 



STATE BANK. 



June 26, 1811. 



Corporation 
may hold 
real estate. 



Proviso. 



fifth Oil the fifteenth day of October, which will be in the 
year of our Lord one thousand eight hundred and thirteen. 
And the Stockholders at their first meeting, shall, by a 
majority of votes, determine the mode of transferring and 
disposing of said stock, and the profits thereof, which 
being entered in the books of said corporation shall be 
binding on the stockholders, their successors and assigns 
until they shall otherwise determine ; and the said corpo- 
ration are hereby made capable in law, to have, hold, pur- 
chase, receive, possess, enjoy and retain to them, their 
successors and assigns, lands, rents, tenements, and here- 
ditaments, to the amount of one hundred thousand dollars, 
and no more at any one time, with power to bargain, sell, 
and dispose of the same, and to loan and negociate their 
monies and effects, by discounting on banking principles, 
on such security as they shall think advisable : Provided 
however^ That nothing herein contained, shall restrain or 
prevent the said corporation from taking and holding real 
estate in mortgage, or on executions, to any amount, as 
security for, or in payment of any debts due to the said 
corporation : And provided further^ That no monies shall 
be loaned, or discounts made, nor shall any bills or pro- 
missory notes be issued from said bank, until the capital 
subscribed and actually paid in and existing in gold and 
silver in their vaults, shall amount to six hundred thou- 
sand dollars, nor until the said capital stock actually in 
said vaults shall have been inspected and examined by 
three Commissioners to be appointed by the Governor for 
that purpose, whose duty it shall be at the expense of said 
corporation to examine and count the monies paid and 
actually existing in said vaults, and to ascertain by the 
oath of the Directors of said bank, or some of them, that 
said capital hath been bona fide paid in by the stockholders 
of said bank, and towards payment for their respective 
shares, and not for any other purpose, and it is intended 
therein to remain as part of said capital, and to return a 
certificate thereof to the Governor. 

Sec. 3. And he it further enacted^ That the follow- 
ing rules, limitations, and provisions, shall form and be the 
fundamental articles of the said corporation : — 

First. That the total amount of the debts which the 
said corporation shall at any time owe, whether by bond, 
bill, note or other contract, shall not exceed twice the 



STATE BANK* June 27, 1811. 503 

amount of their capital stock actually paid in, exclusive 

of the sums due on account of deposits; nor shall there 

be due to the said corporation at any one time more 

than double the amount of the capital stock actually Rules, limii- 

paid in as aforesaid. In case of excess, the Directors ^t!!?,r<f;„n"^ 

,, ••1111 1 11 11* 11 p*.0\lo4UUy' 

under whose administration it shall happen, shall be liable 
for the same in their natural and private capacities ; and 
an action of debt may in such case be brought against 
them, or any of them, their, or any of their heirs, execu- 
tors, or administrators, in any Court proper to try the 
same, by any creditor or creditors of said corporation ; 
and may be prosecuted to judgment and execution, 
any condition, covenant, or agreement to the contrary 
notwithstanding. But this shall not be construed to 
exempt said corporation, or the lands, tenements, goods, 
or chattels of the same, from being also liable for, and 
chargeable with said excess, such of said Directors who 
fnay have been absent when said excess was contracted, 
or created, or who may have dissented from the resolu- 
tion or act whereby the same was contracted, or created, 
tiiay respectively exonerate themselves from being so 
liable, by forthwith giving notice of the faot, and of 
their absence, or dissent, to the Governor and Council, 
and to the Stockholders at a general meeting, which they 
shall have power to call for that purpose. 

Second. That the said corporation shall not vest, use. Monies not' 
or improve any of their monies, goods, chattels, or effects ^° ^^ ^^^^^ *" 
in trade or commerce ; but may sell all kinds of personal 
pledges lodged in their hands by way of security, to an 
amount sufficient to reimburse the sum loaned. 

Third. That the lands, tenements, and hereditaments, 
which the said corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of their 
business. ^ 

Fourth. None but a member of the said corporation, 
being a citizen of this Commonwealth, and resident therein. Person ell^- 
shall be eligible for a Director ; and the Directors shall ^^^^^ 
choose one of their own number to act as President ; and 
the Cashier before he enters upon the duties of his office, 
shall give bonds with two sureties, to the satisfaction of 
the board of Directors, in a sum not less than fifty 
thousand dollars, with conditions for the faithful discharge 
of the duties of his office, 
R r r 



>'- 



504 STATE BANK. JuneTl, 1811. 

Fifth. No Director of any utiicr bank shall be eligible 
to the office of Director of this bank, although he may be 
a stockholder therein ; and any Director, accepting any 
office in any other bank, shall be deemed to have vacated 
his place in this bank. 

Sixth. That for the well ordering the affairs of the said 
Annual Corporation, a meeting of the Stockholders shall be held 
meeting of ^x, such places as they shall direct, on the first Monday in 
to be held. October annually, and at any other time during the continu- 
ance of the said corporation, and at such place, as shall be 
appointed by the President and Directors for tlie time 
being, by public notification, given fourteen days previous 
thereto, at which annual meeting there shall be chosen by 
ballot twelve Directors, to continue in office the year ensu- 
ing their election, and the number of votes to which each 
Stockholder shall be entitled, shall be according to the 
number of shares he shall hold in the following proportions, 
that is to say : for one share one vote, and every two 
shares above one, shall give a right to one vote more : 
provided^ no one member shall have more than ten votes ; 
and absent members may vote by proxy, being authorised 
in writing. 
President Seventh. The Stockholders may make the President 

may be paid, such Compensation, as to them shall appear reasonable. 

Eighth. No less than seven Directors shall constitute a 
board for the transaction of business, of whom the Presi- 
dent shall always be one, (except in case of sickness 
or necessary absence, in which case the Directors present 
may choose a chairman for the time being in his stead. ) 
JVinth. All bills issued from the bank aforesaid, and 
Bills not to signed by the President, shall be binding on the corpora- 
lessthanfive tion ; but it shall not be lawful for them to issue any bills 
dollars. of a less denomination than five dollars. 

Tenth. The Directors shall make ha^" yearly dividends 
Dividends. ^^ ^jj ^j^^ profits, rents, premiums, and interest of the 
bank aforesaid. 

Eleventh. The Directors shall have power to appoint a 
Cashier, Clerks, and such other officers for carrying on the 
business of said bank, v/ith such salaries as to them shall 
seem meet. ^ 

Twelfth. In case the officers of said corporation in 
the usual banking hours at said bank, shall refuse or delay- 
payment in gold or silver of any note or bill of said cor- 



STATE BANK. June 21, 1811. 505 

poration there presented for payment, the said corporation 
shall be liable to pay as additional damages at the rate of 
twenty-four per cent, per annum, for the time during 
Which such payment shall be refused or delayed. 

Thirteenth. In case any loss or deficiency of the capital 
stock shall arise from the official mismanagement of the 
Directors, the persons who are Stockholders at the time of 
such mismanagement, shall, in their private and individual 
capacities be respectively liable to pay the same : Provided 
however, That in no case shall any one Stockholder be 
liable to pay a sum exceeding the amount of the stock 
actually then held by him. 

Fourteenth. The holders of the shares or stock in said individual 
corporation when this act may expire, shall be chargeable E[gfoJ\^^'*' 
in their private and individual capacities, and shall be Bank's 
holden for the payment and redemption of all bills debts. 
M'hich may have been^ issued by said corporation, and 
which may then remain unpaid, in proportion to the stock 
which they may respectively hold. 

* Sec 4. And be it further enacted. That the said bank 
shall be established and kept in the town of Boston afore- 
said. 

Sec. 5. And be it further enacted. That whenever 
the Legislature shall require it, the said corporation shall owigationto 
loan to the Commonwealth any sum of money which may comnTon-* 
be required, not exceeding three hundred thousand dollars, wealth, 
at any one time, reimbursable by five annual instalments, 
or at any shorter period, at the election of the Common- 
wealth, with the annual payment of interest, at a rate 
not exceeding five per centum per annum : Provided 
however. That the Commonwealth shall never at any one 
time stand indebted to said corporation, without their 
consent, for a larger sum than six hundred thousand 
dollars. 

Sec 6. And be it further enacted. That any com- 
mittee specially appointed by the Legislature for the pur- special com= 
pose, shall have a risrht to examine into the doinars of said ^^^^^ «'"- 

• powered* 

corporation, and shall have free access to all their books 
and vaults, and if upon such an examination it shall be 
found, and after a full hearing of said corporation thereon, 
be determined by the Legislature that said corporation have 
exceeded the powers herein granted them, or failed to 
comply with any of the rules, restrictions, and conditions, 



50^ 



STATE BANK. 



June 27, 1811 



IVIanner of 
calling a 
meeting of 
stockhold- 

ors. 



Directors 
required to 
transmit to 
authority. 



Counterfeit 



Tax. 



in this act provided, their incorporation shall thereupon be 
declared forfeited and void. 

Sec. 7. Ajid he it further enacted^ That the persons 
herein before named, or any three of them, are authorised 
to call a meeting of the members and stockholders of said 
corporation, as soon as may be, at such time and place as 
they may see fit, (by advertising the same for three weeks 
successively in the Boston Patriot and Independent 
Chronicle), for the purpose of making, ordaining, and 
establishing, such by-laws, ordinances, and regulations, 
for the orderly conducting the affairs of the said corpora- 
tion, as the said Stockholders shall deem necessary, and 
for the choice of the first board of Directors, and such 
other officers as they shall see fit to choose. 

Sec 8. And he it further enacted^ That it shall be the 
duty of the Directors of said bank to transmit to the 
Governor and Council of this Commonwealth, for the 
time being, once in six months at least, and as much 
oftener as they may require, accurate and just statements 
of the amount of the capital stock of said corporation, 
and of debts due to the same, of the monies deposited 
therein, of the notes in circulation, and of the gold, silver, 
and copper coin, and the bills of other banks on hand, 
which statement shall be signed by the Directors, and 
attested by the Cashier, and shall be verified by oath 
before some person competent to administer the same. 

Sec. 9. And he it further enacted. That in addition to 
the capital stock aforesaid of three millions of dollars, the 
Commonwealth may be interested in the said corporation 
to the amount of one million five hundred thousand 
dollars, whenever provision shall be made therefor by law, 
and the Commonwealth from the time of making any 
payment towards the capital of said bank, shall be entitled 
to their proportionate share of the profits and dividends 
arising from the amount thereof from said bank. 

Sec 10. And he it further enacted^ That the said cor- 
poration shall be liable to pay to any bona fide holder, the 
original amount of any note of said bank, altered in the 
course of its circulation to a larger amount, notwith- 
standing such alteration. 

Sec 11. And he it further enacted^ That the said cor- 
poration, from and after the first Monday of October, in 
the year of our X^ord one thousai^d eight hundred and 



STATE BANK. June 27, 1811. 507 

twelve, shall pay by way of tax, to the Treasurer of this 
Commonwealth, for the use of the same, within ten days 
after each semi-annual dividend, the half of one per cent, 
on the amount of the original stock, which shall at the 
time of said dividend have been actually paid in : Pro- 
vided however^ That the same tax, payable in manner Proviso, 
aforesaid, shall be required by the Legislature of all banks 
that shall be hereafter incorporated within this Common- 
wealth, from and after the said first Monday of October : 
And provided further^ That nothing herein contained shall 
be construed to impair the right of the Legislature to lay a 
tax or excise upon any bank already incorporated, under 
the authority of this Commonwealth, whenever they may 
think proper so to do. 

Sec. 12. And he it further enacted^ That one tenth 
part of the whole funds of said bank shall always be proportion 
appropriated to loans to be made to citizens of this Com- appropriat- 
monwealth, not resident in the town of Boston, and wherein ^ 
the Directors shall wholly and exclusively regard the 
agricultural and manufacturing interest, which loans shall 
be made in sums, not less than one hundred dollars, nor 
more than five hundred dollars, and upon the personal 
bond of the borrower, with collateral security by a mort- 
gage of real estate to the satisfaction of the Directors of 
said bank, for a term not less than one year, and on condi- 
tion of paying the interest annually on such loans, subject 
to such forfeitures and right of redemption as is by law 
provided in other cases. 

Sec 13. And he it further enacted^ That the Trea- 
surer of the Commonwealth for the time being shall 
ex officio be a Director of said bank, in addition to state Trea. 
the Directors by law to be chosen by the stockholders. Directo"^^ 
And that the Legislature shall have a right from time to ex officio. 
time to appoint a number of Directors of the said bank in 
proportion as the sums paid from the Treasury of the 
Commonwealth, shall bear to the whole amount of the 
stock actually paid into the said bank, if at any time here- 
after they shall judge fit to exercise that right. 
[This act passed June 27, 1811.] 



508 PRISONS. June 27, 1811. 

CHAP. LXXXV. 

An Act to regulate Prisons within this Commonwealth. 

Sec. 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That any person imprisoned for 
Privileges debt, on mesne process or execution, on giving- bond with 
^ Jj"jjt^tion sufficient surety to the creditor or creditors, in double the 
sum for which he is imprisoned, conditioned that from the 
time of executing such bond he will not depart v\ ithout 
the exterior bounds of the gaol yard or debtor's liberties, 
until lawfully discharged, or who is or shall be under bond 
for the liberty of the gaol yard as heretofore provided 
by law, may have a chamber and lodgings in any buildings 
belonging to the prisons by paying at the lawful rate, and 
may go into churches and other public buildings, and 
lodge in and occupy any apartments by night and day, and 
enter into and upon any estate and building within the 
exterior bounds of the gaol yard or debtor's liberties by a 
usual express or implied consent of owners ; and all such 
apartments so lodged in or occupied, shall be considered a 
part of the prison limits. 

Sec. 2. Be it further enacted. That the notification of 
imprisoned debtors on their creditors, may in all cases be 
served and returned by a sheriff', his deputy, or a con- 
stable. 

Sec. 3. Be it further enacted. That any bond given 
pischarge of agreeably to the provision of the first section of this act, 
bond by sur- ^^ be discharged and void when the principal shall sur- 
^^" "^ render himself or be surrendered by his surety to the gaol 
keeper of the prison where the bond was given, excepting 
as to the right of the creditor or creditors to recover for a 
breach of such bond before such surrender, by suit insti- 
tuted within one year from such breach ; and such sur- 
rendered principal shall be in custody of the gaol keeper 
under the execution or writ on which the bond issued as 
Proviso. fyjjy ^g Qj^ |.|^g ^rst commitment. Provided, That giv- 
ing such bond shall entitle the person imprisoned to the 
same privileges after such surrender as on his first impri^ 
sonment. 



MERCHANTS' BANK. June 27, 1811. 509 

Sec. 4. Be it further enacted^ That this Act shall 
remain m force until the thirty-first day of January, in the 
year of our Lord one thousand eight hundred and thirteen, 
and no longer. 

[This act passed June 27, 1811.] 



CHAP. LXXXVL 

An Act supplementary to '* An act to incorporate the 
President, Directors, and Company of the Merchants' 
Bank." 



Wi 



HEREAS in the sixth article of the 
third section of the act to incorporate the President, Direc- 
tors, and Company of the Merchants' Bank, a blank is 
left of the month, on which the annual meeting of the 
stockholders shall be holden. Therefore, 

BE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the said annual meeting Annual^ 
for the purposes specified in said article, shall be holden ""^^ '^^' 
on the first Monday of October annually. 

[This act passed Ju7?e 27, 1811.] 



INDEX 



TO THE LAWS PASSED BETWEEN THE 31st. MAY, 1809, AND THE 27th. 

JUNE, 1811. 



Academy, Monmonth Free Grammar School, changed into an - 25 

Saco, established .-._.- 262 

Association, Mechanick. Franklin in Marblehead, incorporated - 34 

Newburyport Mechanick, - - - 139 

Attorney and Solicitor Generals, and County Attornies, first Sec. of 

act respecting offices and duties repealed, - - - 37 

do. revived, - - - - - 393 

Actions, real limitation of, additional act - - - - - 121 

where to be prosecuted by or against a county, - 224 

of Scire Facias, defendants relief of - - - 320 

Athenaeum, Newburyport, ..... 76 

Salem, - - . - - - 148 

Annexation, to Berkley, - - - - - 53 

Becket, HI 

Princeton, - - - - 62 

Wainc, - - - - - • 68- 

Fairfax, - - - - - 115 

Jay, .-..-- 130 

George and Benjamin Manson, to Winthrop, - 82 

Samuel Floyd, to do. - - 98 

Thomas Saunderson and others, to Whately, - 145 

F.dward Cole, to Tetiquot parish in Middleborough, 236 

Joshua Chase, to north parish in Sutton, - 365 

John Ellis jun. to Walpole, - - - - 411 

Gideon Hawley, to Sandwich, ... 329 

Charles and James Morris, to first parish in Gorham, 306 
James Parraele and others, to Baptist Society West 

Stockbridge, - - - - 451 

Thirty Mile Strip, to Readfield, - - - 9 

Daniel Rogers, to Brewster, - - - 4)1 

Samuel SpofFord, to second parish in Boxford, - 230 

Sharon, part to Walpole, - - - 397 

Isaac Smith and John Ellis, to Walpole, - - 411 

Tyringham part of. to New Marlborough, - 353 

Peter Tufts, to Chavlestown, ... 397 

Elias Smith, to Amherst, - - 363 

Asa Worthley, to first parish in North Yarmouth, 229 

Henry Sawin, to Waterford, - 269 

Buck's Harbour, to Machias, - - 893 



INDEX. 

Annexation, Wilton part of, to Chesterville, ... 370 
Samuel Wentworth and others, to north parish in Ber- 
wick, .... - 446 
.. Deerfield, to Conway, - - 408 
No. 4, to County of Hancock, - - 4S0 
Assylam, Wiscwsset female, incorporated - ... - 299 

B 

Boston, Board of Health additional, excusing members from military 

duty - - - - - -' - 11 

do. additional act, - - - - 221 

to secure against fire, additional act, - - 245-482 

act regulating the collection of taxes, repealed - - 448 

streets paving of, regulated, additional act, - - 32 

Livery Stables, - - - - 373 

Bridge, Somerset, proprietors incorporated, _ - - 27 
between Cambridge and Brighton, additional act, - 54 
West Boston, " do. - - - 197 
over Andronoggin river at Lewiston, do. - - 2S3 
Lincolnville, fourth Section of act explained, - 348 
over Merrimack between Haverhill and Newbury, addi- 
tional act, - - - - - 360 

Sunderland proprietors, incorporated, . - - - 432 

Banks, to adopt the stereoiype steel plate, . . - . 46 

notes payment of, to en ibrce 47 

Gloucester, additional act, - ... - 105 
Merchants,' incorporated, _ - - - 494-509 

State, do. 501 

Braintree, proprietors of new meeting-house, incorporated, - 378 

Bartlett Sumnel, administrator, authorised to convey estate, - 455 
Biddeford, assessment and collection of taxes in second parish, directed 449 



Courts, Supreme Judicial Justices' salary established, additional act, 5 3 

Reporter of decisions, continued - - 135 
May term in Plymouth discontinued, - 214 
times for holding in Middlesex, Worcester, 

and Berkshire, altered, - - 334 

times for holdmg in Norfolk, Bristol, Plymouth 

and Barnstable, altered, - - 335 

Judicial, for the appoir.tment of clerks, Sec. - - 390 

officers of, prohibited from buyinp- notes, &C. 471 

,. Common Pleas Middlesex, two extra sessions provided for 23 

Suffolk to purchase lands for Court House, 108 

Norfolk, April terni altered, - - 130 

two Justices to transact business in certain 

cases, - - - - - 150 

., .. Somerset times and places for holding 

determined, .... 246 

Circuit established, - - - 424 

Court?, Probate in Hampshire, places for holding, additional, 7 



INDEX. 

Courts, Probate Oxford, Judge, provision for further allowance, ] 43 

York, do. - - S45 
.. Sessions in Washington, empowered to erect a gaol in 

Eastport, . . . . . f 

power transferred to Common Pleas &c. 22 

re-established - - - 492 

Corporation, Salem India Wharf, established - - - 18 

Derby Wharf, Salem, - - - - 112 

Union do. I^ynn, - - • - - 122 

Lichmere point, - - <- - 1 36 

Middlefield Free Stone - - - - 14§ 

Union Wharf, Salem, - - - - 202 

Lynn Mineral Spring, - - - - 215 

Sandy Bay Pier, - - - . 307 

Ware Mining, . , . - . 34S 

North West River Canal, - - - 490 

Merrimack Boating, ... - 4O8 

Mill Corporation, enabled to divide their estate - 12 

Canal, Middlesex, additional, - - - . 23-280 

.. Hancock Brook, - - - - - 3lf 

Buxton, proprietors of Canals &c. on Saco river, act|to incorporate, 441 

Charlestown, to secure against fire, - ... 57 

College, Harvard, constitution amended -. - ^ 200 

.. Hopkins* charity, additional, - •■ - 456 

Cow Pox, for defusing benefit of, - - - _ 204 

Conway, Deerfield, and Whately, limits defined, - - 408 

Counties, manner of conveyance and purchase of land^, - 484 

D 

Dogs, supplementary act, . - - _ , 362 
Debtors, poor for relief of, - r - - -365 

Divorces, further regulated, - - . _ _ 369 



Exchange Coffee House, additional, - - - - 96 

Elections, for regulating, - - . . . 223 

of town officers, - - - - - - . 393 

Estates, wherein Judges of Probate may be interested, - 261 

.. rateable to be ascertained, - - - - - 3 i 1 

Eden, the title of a lot of land confirmed, . - _ - > 277 

Executions, officers directed in the levy of, - - - - 324 

asd warrants of distress for enforcing against certain Corpo- 
rations, - .-_ >._ _ 3g() 



Fish, Neponset river, act and resolve repealed - - - 61 

Seven Mile Brook in Vassalborough, _ . . 68-148 

Mouth of Stoney Brook Chelmsford, - - . - 79 

Machias, -- -- - -- -93 



INDEX. 

Fish, for preservation in Penobscot river, 8cc. - - - 329 

Daniascotta River, . . _ . -144 

Pickled, to prevent fraud. Sec. - - - 208 

taking in St. Croix river, regulated - - - 32 1 

taking in Island river in Maiden, regulated, ... 364 
regulating act for Ipsvi^ich, Hamilton, and Wenham, repealed 364 

taking in Ipswich river, regulated ... - 366 

in Mill river and Brook in Duxbury, regulated - 574 

in Mattapoiset river, regulated i - - - 465 

..in Pembroke, supplementary act - - - 482 

Fra-nklin county, established 467 



Gun Powder, for safe keeping in Cambridge, - - - - 44 

inspection and manufacture of, regulated, additional - 205 

Inspectors to be furnished with howitzers to prove, - 303 

Groton, empowered to sell certain real estate, - - 351 

H 

Harwich, act respecting meadows and beaches in part repealed, - 29 1 

Hospital General, incorporated - - 339 

Hull, proprietors of undivided lands incorporated, - - - 458 



Insurance, Social Company in Marblehead, established 13, 243, 384 

Marine Beverly, established - - - 39 

Union Marine and Fire Newburyport, - - - - 95 

do. Mason and others, additional act, - • 272 

Duxbury INIarine, ,_..--- 354 

Beverly do. . - - - - - 228-384 

Incorporation of towns, Calais, ----.- 3 

Easthampton, - - - - 1 1 

Whilefield, 26 

Bethleh&m with Louden, - - - 33 

Orange, - - - - 83 

Eliot, 109 

Tolland, - - - - 237 

.. ■ Exeter, - - - - 262 

New Charlestown, - - - 266 

Garland, 267 

Robbinston, - - - - - - 268 

Eddington, 285 

Putnam, 352 

Corinth, - - - 400 

Otis, formerly Louden, - - 227 

Alna, do. New Milford, - - 373 

Carmel, 412 

Lubeck, - - - - - - 414 

Randolph, additional act, - - - 452 

V. West Boylston, do. - - - - 231 



INDEX. 

Indians^Chappaquiddick lands to be assigned, 

&c. Gay head for the better regulation of, 

K 



104 
488 



Kennebeck county, additional act, 



60 



Lands, reserved, prorision for location - - ' - - 336 
Lime, stone and casks, additional act lor regulating - 85-376 

Lines between Chester, Goshen, and Willianisburgh, established 63 

Gardiner and Litchfield, established - - 1 94 

Lincoln and Kennebeck, altered - - - 290 

Vassalborough and Harlem, additional act - 288 
By field, and 1 8c 3 parishes in Newbury, and east parish 

in Bradford, - - 5 

east and v/est parishes in Pittston, - - 116 

Blandfbrd and Chester, - - 227 

Dana and Greenwich, _ . . 396 

Conway, SVhately and Deerfield, - - 408 

Lotteries, Amoskeag Commissioners to settle accounts, - 222 

Dixville, do. - - - . - - 240 

Louden, hereafter to be called Otis, .... 227 

M 



Manufacturing Companies, Cotton, in Plymouth, incorporated 

Orange, 
Sharon, 
York, 
Hopkinton, 
.. ' .. Danvers, .« 

Hopkinton and Framingham 
Winthrop, 
Marshfield, 
Gardiner, 
Northampton, .. 
Kingston, 



Cotton and Woolen, 



Cotton and linen. 

Cotton and Iron, 

Copperas, 

Duck and Twine, 

Glass, 

Hats, 



Iron, 

Leather, 

Nail, 

Salem Iron, authorised to purchase 



Holden, 

Turner, 

Agawam, 

Dorchester, 

Winthrop, 

Portland 

Cheshire, 

Boston, 

Portland, 
Gardiner, 
Hampshire, 
Maiden, 



10 

233 
256 
257 
460 
139 
476 

55 
429 
111 
232 
284 
387 
389 

82 

383 

445 

260 

8 

18 

97 
229 
271 

21 
109 
255' 



INDEX. 

Manufacturing Company, Woolen, Sutton and CharltoH) incorp. S7l 

Militia, for regulating Stc. - - - - - 151 

fishermen exempted, - - - - - 363 

Machias, proprietors of meeting-house incorporated, - - 244 

Bucks Harbour Neck, annexed to - - 229 

Mattakesset, Creeks in Edgartown, additional act, - - 291 

N 

Names, of certain persons changed, - - 24-198-231-337-431 

Nicks Mate Island, for security of, - - - - 134 
Nantucket, proprtetors of the second Congregational Meeting-house 

incorporated, ------ 247 

proprietors of the first Congregational Meeting-house 

incorporated, -- - - -._ 282 

New Milford, called Alna, ----- 373 

Newburyport, to secure from Fire, - - . _ 335 

collection of taxes regulated, - . - 435 

North Mill Dam, at Newton lower falls, for relief of proprietors, 485 

O 

Oaths, for relief of persons scrupulous about taking - - 375 

P 

Parishes, Pittston, divided into two - - - - 116 

Pier, Kennebunk, provisions of an act incorporating, extended - 10 

Prisons, supplementary act for regulating - - - - 38 

.. additional act for regulating - - - . . 366 

.. State for government, &CC. - - - - - 418 

.. Suffolk to regulate - - . - . - 479 

. . within the State, debtors liberties - - - . 508 

Precinct. 2d in Plymouth, incorporated - - . - 84 

prosecutions, criminal time for payments of costs limited, - 134 

Plymouth, empowered to choose a board of health, - 88 



Societies, Antipaedobaptist, in New Portland, incorporated - 147 

Agricultural, in Berkshire, .. - - 297 

first Baptist, in Ashby and Fitchburgh, .. ^ - 234 

Bellingham, .. - - 273 

Belfast, .. - - 278 

Amesbury, .. - - 296 

Watcrboro,' Philiipsburgh, and Lyman, incor, 309 

4. and Independent, in Chester, incorporated 325 

Newbury and Newburyport, .. - 332 

Woolwich, .. - 394 

Rowley, .. - 398 

Saco, .. - 406 

Hiram, .. - 413 

Woburn, .. - 434 

Medfield, .. - 438 



INDEX. 



Socictie:^ First Baptist, Fairfax, 
Carver, 



incorporated, - 405 
446 
453 
475 
479 
486 
489 
56 
93 
118 
322 
1 
251 
269 
295 
350 
372 
477 
440 
460 
Protestant St. Andrew's Church, Situate, incor. 304 



Gloucester, 
Kittery, 
Hallowell, 
Sidney, 

Limington and Limerick, 
Bible, Massachusetts, 
Meri'imack, 
Maine, 
Salem, 
First Congregational, in Tyringham, 
.. Vassalborough, 
.. Savoy, 
.. Lyman, 
.. Buxton, 
.. Baih, addtional act, 
.. Sullivan, 
Episcopal Methodist, Lenox, 

Provincetown, 



German protestant in Waldoborough, to sell land. 
Independent Christian Baptist, in Wells, incorporated 
.. Methodist in Durham and Pownal, 

Thomaston, 
First .. Falmouth, 

., .. Winthrop, 

Falmouth and Sandwich, 
First .. Salisbur)', 

Otisfield, 
North .. Hallowell, 

Religious first parish in Shapleigh, 
Third Religious, Augusta, 
Congregational parisht Easton, 
Second Religious, Wiscasset, 

Second Religious, Biddeford, assessment and collection of 
* taxes directed, - - - 

Universal Christian, Freeport, 
First .. Fryburgh, 

Charlestown, 
Farmington, 
United Mechanicks, Bangor, 
Union Religious, Weymouth and Brantree, 
St. Peter's Church, Salem, additional act, 
Somerset County, additional act, ... 

State debt, provision for payment of two fifths and one fifth, 
School Districts, supplementary act, - 

Hopland, additional act 
Sheriffs, tenure of office limited, - - 



120 

403 
106 
249 
376 
346 
367 
417 
428 
472 
194 
32 
117 
361 

449 
140 
241 
348 
473 
142 
275 
235 
36-253 
203-252 
410 
272 
481 



Towns, power and for choice of ofllcers, additional 

.. repealcil 



30 

54 



. INDEX. 

officers choice of, and town meeting, regulated - 392 

Trustees, of donations to Protestant Episcopal Church, 131-259 

of Grammar School fund in Lincoln, incorporated - 286 

of Minors' property to give bond, - _ . 326 

.. - of ministerial fund in Jay, incorporated - 70 

Andover, - - 63 

Wobum, - 72 

Templeton, - - 289 

Fryburgh, additional act - - 8 1 

Lovel, ... 292 

School fund, Gray, incorporated, - - 237 

Springfield, do. - - 124 

Ministerial and School, Farmington, - - 301 

.. Otisfield and Harrison, - - 462 

.. Bethel, - - 344 

.. Brewster, - - 358 

Treasurer, county, tenure of office limited, - . - 450 

time and manner of exhibiting acts and estimates, directed 483 

Turnpike Corporations, Worcester and Stafford, additional act, 25-196 

Granville, incorporated, - - - - 38 

Brush Hill, additional act, - - - - 80 

Boston Neck, - - - - - 128 

"Worcester and Sutton, - - - - 1 29 

Woburn and Dracut bridge, - - - - 205 

Union, additional act, - - - - 221 

Middlesex, ... - 412-370-225 

Worcester and Fitzwilliam, charter extended, - - 245 

Alfred and Egremont, further time to finish allowed, 257-478 

Tyringham and Sandisfield, incorporated - - 258 

Wrentham and Walpole, further time to finish allowed 2 59 

5th IMassachusetts, additional act, ... 265 

Housatonick river, further time to finish allowed, - 295 

iCth Massachusetts, additional act ... S'jY 

Stoughton, further time allowed to finish - - 394 

Newburyport to Chelsea bridge, additional act - 451 

Great Barrington and Alford, - - - 491 

Tumults, for suppression, additional act - - 2 1 8 

.... .. part of do. repealed, - 371 

U 

United States, land at Scituate harbour, ceded ' ' . *^ . 281 

Boon Island, do. .... 320 

W 

Worship, public and religious freedom, ... 587 

Y 

yputh, part of an act providing for the instruction of, repealed 500 



LAWS 



or THE 



Commonwealth of Massachusetts, 



PASSED AT 



THE SEVERAL SESSIONS OF THE GENERAL COURT 



HOLDEN IN BOSTON. 



BEGINNING 31st. MAY, 1809, AND ENDING ON THE Srth. JANUARY, 1811. 



PUBLISHED AGREEABLY TO A RESOLVE PASSED 



JANUARY 20, 1808. 




BOSTON : 
PRINTED BY ADAMS, RHOADES & CO. 



1811. 



Commontoealti) of iHas6acf)U6ett0^ 

In the House of Representatives, I5th January , 1812. 

RESOLVE, 

Directing the manner in which the Laws and Resolves shall 
be printed in future. 

Resolved, That the Laws of the Commonwealth which 
shall hereafter be passed, at the several sessions of the 
General Court, shall be printed in volumes of the royal 
octavo size ; each volume to contain not less than seven 
hundred pages, and to have suitable title pages and analy- 
tical indices, and that the laws passed from the beginning 
of the May session of one year to the beginning of the May 
session of the next succeeding year, shall be divided into 
chapters, and shall be printed together in the same volume, 
and until a volume of the laws shall from time to time be 
formed as aforesaid, temporary title pages and indices 
shall be added to the laws which shall be printed from 
session to session of the General Court. 

And be it further resolved, That the resolves which 
shall be hereafter passed by the General Court, shall be^ 
printed in volumes of the same size, in the same manner, 
and with suitable title pages, running titles and indices. 

And be it further resolved, That it shall be the special 
duty of the Secretary of the Commonwealth, to superin- 
tend the publication and printing of the laws and resolves 
of the General Court, as the same shall be passed at the 
respective sessions thereof, and to examine and compare 
the printed copies of such laws and resolves with the 
originals, and to print, and annex to the printed copies his 
certificate of such examination, and of the errors, if any, in 
such printed copies, to the end, that the laws and resolves 
of the Commonwealth may be duly and accurately pro- 
mulgated. 
Sss 



RESOLVE. 

jind be it further resolved^ That this resolve shall be 
prefixed to the printed copies of the laws which may be 
passed at the present session of the General Court, and 
shall also be prefixed to the next volume of the laws of the 
Commonwealth, which shall be printed in pursuance of 
this resolve. 

And be it further resolved. That the laws which shall 
be passed at the present session of the Legislature, shall 
constitute a part of the fifth volume of the laws, and shall be 
paged, indexed, and divided into chapters accordingly. 

Read and passed, and sent up for concurrence, 

JOSEPH STORY, Speaker. 

In Senate 15th January, 1812. 
Read and concurred, 

SAMUEL DANA, President, 

' Approved, \(dth January, 1812. 

E. GERRY. 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT AT THEIR SECOND SESSION, 

COMMENCED 

ON THE SECOND WEDNESDAY IN JANUARY, 

OJVJS THOUSAJ^n EIGHT HUJVDRED AJS'D TWELVE. 

CHAP. Lxxxvn. 

An Act in addition to an act, entitled, "An act to incorpo- 
rate the persons herein named, into a company, by the 
name of The Broad- Street Association, in the town of 
Boston." 

JjE it enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

authority of the same. That an act, entitled, "An act to in- 

•^ «^, ' , . ' , . ^ 1 Actcontmii- 

corporate the persons herem named into a company by g^ 

the name of The Broad-Street Association, in the town of 

Boston," shall be, and the same hereby is continued in 

force until the first day of March, in the year of our Lord 

one thousand eight hundred and thirteen. 

[This act passed 22d January, 1812.] 



CHAP. LXXXVHL 

An Act to change the name of Phillipsburgh in the County 

of York. 

Jl3e it enacted by the Senate and House of 
Representatives in General Court assembled, and by ^^^^ totTchang 
authority of the samcy That from and after passing this ed. 



512 



COTTON MANUFACTORY. 



Jan. 31, 1812. 



act, the town of Phillipsburgli, in the county of York, 
shall be called and known by the name of Mollis, and by 
no other name, any law to the contrary notwithstanding. 
[This act passed 22d January^ 1812.] 



CHAP. LXXXIX. 



An Act to incorporate Thomas Seargant Baylies and 
others,by the name of The Bristol Cotton Manufacturing 
Company. 



Persons in- 
corporated. 



May hold 
property. 



Sec. 1. JOE it enacted by the Senate and House of 
Hepresentatwes in General Court assembled^ and by the 
authority of the same J That Thomas S. Baylies, William 
De Wolf, Eiiphalet Williams, Thomas Howe, Joseph 
Haven, Levi De Wolf, George Pearce, Thomas Hill jun. 
Charles Harris, Richard D. Harris, Caleb Peck, Joseph C. 
Wheaton, and John Field jun. vi^ith such others as may 
hereafter associate with them, their successors and assigns, 
be, and hereby are made a corporation, by the name and 
style of The Bristol Cotton Manufacturing Company, for 
the purpose of manufacturing cotton in the town of Dighton 
in the county of Bristol, and for that purpose shall have 
all the powers and privileges, and be subject to all the 
duties and requirements contained in an act passed the 
third day of March, one thousand eight hundred and nine, 
entitled, " An Act defining the general powers and duties, 
of Manufacturing Corporations." 

Sec 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 possessed of such 
personal 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 
Dighton. 

[This act passed 2lst January, 1812.] 



REPRESENTATIVES' PAY. Feb. 3, 1812. 513 



CHAP. XC. 

An Act to provide for, and direct the manner of paying 
the Members of the House of Representatives, in future, 
out of the public Treasury. 

XJE it enacted by the Senate and House of 
Representatives in General Court, assembled, and by the 
authority of the same. That in future, the members of Members of 
the House of Representatives, shall be paid for their travel court paid 
and attendance to, and during the session of the Legisla- ^"^""^ public 
turc, in the same manner as the Council and Senate of this 
Commonwealth are paid, any law, usage or custom to the 
contrary notwithstanding, and that the said pay shall not , 
be chargeable to their several towns. 

[This act passed 3d February, 1812.] 



CHAP. XCI. 

An Act to repeal an act, entitled, "An Act supplementary 
to an act, entitled, An act, to prevent damage by mis- 
chievous dogs," passed the twenty-eighth day of Feb- 
ruary, eighteen hundred and eleven. 

JlIE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That an act passed the twenty-eighth 
day of February, eighteen hundred and eleven, entitled, f^\^~A 
*' An act supplementary to an act, entitled. An act to 
prevent damage by mischievous dogs," be, and the 
same is hereby repealed. 

[This act passed 3d February j i812.J 



514 AMERICAN SEAMEN. Feh, 3, 1812. 



CHAP. XCII. 

An Act directing the Secretary of this Commonwealth 
to give any certificates which may be necessary to pro- 
cure the release of American Seamen, free of any 
charge. 

Sec. 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the Secretary of this Com- 
di^rected^io mon Wealth be, and is hereby directed, from and after the 
give certifi- passing of this act, to give free of any charge whatsoever, 
*^* ^^' any certificates that may be necessary to procure the re- 

lease of American Seamen, impressed on board the ships 
of any foreign nation, any law or usage to the contrary 
notwithstanding. 

Sec. 2. Arid be it further enacted^ That all fees here- 
Fees tofore received by the said Secretary for such certificates, 

refunded, and now in his hands, be paid over to the persons who 
advanced the same, if called for within two years. 
[This act passed 3d February, 1812.] 



Secretary 



CHAP. xcni. 

An Act supplementary to the several acts establishing the 
Courts of Sessions. 

XJE it enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

authority of the same. That when, from any cause what- 

sj"jjjy^pjj^. ever, all the Justices of the Court of Sessions in any county 

er to adjourn shall be prevented from attending the same court, at any 

court. term thereof, which now is, or hereafter may be appointed 

by law for holding any such court, then and in such 

case, it shall be the duty of the Clerk of the courts in 

such county, or in his absence, the Sheriff of the county, 

to adjourn such court from day to day, or to such time 

as may insure the attendance of one or more Justices of 



BINGHAM. Feb. 6, 1812. 515 

the same court, and when such adjournment shall be 
made by the Sheriff of any county, he shall give notice 
thereof, to such Clerk, that so a regular record may be 
made thereof. 

[This act passed 3d February, 1812.] 



CHAP. XCIV. 

An Act to establish the town of Bingham. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the township Number one, in 31,1^^^ 5,^, 
the first range of townships within the Bingham purchase corporated. 
in the county of Somerset, be, and hereby is incorporated 
and established as a town, by the name of Bingham, within 
the following described boundaries, viz. Bounded south 
by the town of Solon, east by number two in the range Boundaries, 
aforesaid, north by number one in the second range, 
east of Kennebeck River, and west by Kennebeck River ; 
and the inhabitants of the said town of Bingham are 
hereby vested with all the powers and privileges and sub- 
jected to the like duties and requisitions of other towns, 
according to the Constitution and Laws of this Common- 
wealth. 

Sec 2. And be it further enacted. That any Justice justice to is- 
of the Peace for the county of Somerset, is hereby author- ^^e warrant, 
ised, upon application therefor, to issue a warrant directed 
to a freeholder and inhabitant of the said town of Bingham, 
requiring him to notify and warn the inhabitants thereof 
to meet at such convenient time and place, as shall be 
appointed in said warrant, for the choice of such officers 
as towns are by law empowered and required to choose, at 
their annual town meetings. 

[This act passed 6th February^ 1812.?) 



516 BERLIN— GLASS MANUFAC. Feb. 6, 1812. 

CHAP. XCV. 

An Act to incorporate the district of Berlin into a town 
by the name of Berlin. 






Berlin Incor- 



Sec. 1. XjE it enacted by the Senate and House of 
Hepresentatives in General Court assembled^ and by the 
authority of the same. That the district of Berlin, in the 
county of Worcester, be, and hereby is incorporated into 
porated. a town, by the name of Berlin, subject to the like duties 
and requirements, and vested with all the powers, privi- 
leges and immunities which other towns do, or may en- 
joy, agreeably to the Constitution and Laws of this Com- 
monwealth. 

Sec 2. Be it further enacted, That either of the 
Justice to is- Justices of the Peace for the county of Worcester be, 
sue warrant, and he is hereby authorised to issue a warrant, directed to 
a freeholder, an inhabitant of the said town of Berlin, re- 
quiring him to notify and warn the freeholders and other 
legal voters thereof, to meet at such convenient time and 
place as shall be appointed in said warrant, for the choice 
of such officers, as towns are by law required to choose 
and appoint at their annual town meetings. 

[This act passed 6i\\ February , 1812.] 



CHAP. XCVL 

An Act to incorporate a number of persons in the County 
of Franklin, by the name of The Franklin Glass Factory 
Company. 

Sec 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Ebenezer Hall, William 
Persons jjv. Cobb, Jacob Rich, Benjamin Tuel, Samuel Fay, and YJa- 
corpora e . ^^^^^er Williams, together with such others as may here- 
after associate with them, and their successors, be, and 
they are hereby made a corporation, by the name of The 
Franklin Glass Factory Company, for the purpose of 



SENATORIAL DISTRICTS. Feb, 11, 1812. 517 

manufacturing window glass and hollow glass ware, 
in the county of Franklin, in said Commonwealth, and 
for this purpose shall have all the powers and privileges, Powers and 
and shall also be subject to all the duties, requirements, P^^i^eges. 
and disabilities, prescribed and contained in an act, enti- 
tled, " An act defining the general powers and duties of 
manufacturing corporations ;" passed the third day of 
March, eighteen hundred and nine. 

Sec 2. And be it further enacted^ That the said 
corporation, in their corporate capacity, shall and may 
lawfully hold and possess real estate not exceeding thirty ^esJa^g^*^®' 
thousand dollars, and personal estate not exceeding sev- 
enty thousand dollars, as may be necessary and conven- 
ient for carrying on the manufacture of glass in said 
county of Franklin. 

[This act passed 6th February^ 1812.] 



CHAP. XCVII. 

An Act dividing the Commonwealth into Districts, for 
the choice of Counsellors and Senators. 



B, 



>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the sa?ne, That from and after the passing 
of this act, the whole Commonwealth be, and hereby is 
formed and divided into eighteen districts, for the choice Gommon- 
of Counsellors and Senators, in manner following ; and dieted. '^" 
that each district be, and hereby is directed and authorized 
to choose the number of Counsellors and Senators thereto 
respectively affixed, in manner directed by the Constitu- 
tion and Laws of this Commonwealth, viz. 

The town of Boston, in the county of Suffolk, shall 
form one district, and choose five Senators. 

The towns of Salem, Dan vers, Marblehead, Lynn, 
Lynnfield, Andover, Salisbury, Haverhill, Amesbury, ^.^^^g ^^^^^ 
Methuen, and Middleton, in the county of Essex, and ing districts. 
Chelsea in the county of Suffolk, shall form one district, 
and choose three Senators. 

The towns of Ipswich, Newbury, Newburyport, Bever- 
ly, Rowley, Gloucester, Topsfield, Bradford, Boxford, 
Ttt 



518 SENATORIAL DISTRICTS. Feb. 11, 1812 

Wenham, Manchester and Hamilton, in the county of 
Essex, shall form one district, and choose two Senators. 

The county of Middlesex shall form one district, and 
choose three Senators. 

The towns of Springfield, Brimfield, South-Brimfield, 
Longmeadow, Wilbraham, Holland, Monson, Ludlow, 
Palmer, West- Springfield, Westfield, Southwick, Gran- 
, ville, Montgomery, Blanford, Chester, Russell and Tol- 
land, in the county of Hampshire, shall form one district, 
and choose one Senator. 

The towns of Hadley, Northampton, Worthington, 
Westhampton, Cummington, Williamsburg, Chesterfield, 
Greenwich, Easthampton, Bclchertown, Norwich, 
Granby, Plainfield, Southampton, Ware, Middlefield, 
South Hadley, Goshen, Pelham, Hatfield and Amherst, in 
the county of Hampshire, shall form one district, and 
choose one Senator. 

The county of Plymouth shall form one district, and 
"*» choose two Senators. 

The counties of Bristol and Norfolk shall form one 
district, and choose four Senators. 

The county of Barnstable shall form one district, and 
choose one Senator. 

The counties of Dukes' county and Nantucket, shall 
form one district, and choose one Senator. 

The towns of Worcester, Mendon, Brookfield, Oxford, 
Charlton, Sutton, Spencer, New Braintree, Wcstborough, 
Uxbridge, Northbridge, Sturbridge, Hardwick, Western, 
Douglas, Grafton, Petersham, Upton, Dudley, Ward, 
Milford, Dana and Barre, in the county of Worcester, 
shall form one district, and choose two Senators. 

The towns of Lancaster, Rutland, Oakham, Hubbards- 
ton, Southborough, Northborough, Lunenburg, Fitch- 
burg, Harvard, Bolton, Berlin, Leominster, Holden, 
Royalston, Westminster, Athol, Templeton, Princeton, 
Ashburnham, Paxton, Sterling, Boylston, Gardner, Gerry, 
West Boylston, Shrewsbury, Winchendon and Leicester, 
in the county of Worcester, shall form one district, and 
choose two Senators. 

The county of Franklin shall form one district, and 
choose one Senator. 

The county of Berkshire shall form one district, and 
choose two Senators. 



SCHOOL LAND. Feb, 11, 1812. 519 

The county of York shall form one district, and choose 
two Senators. 

The counties of Cumberland and Oxford shall form 
one district, and choose three Senators. 

The counties of Lincoln, Hancock and Washington, 
shall form one district, and choose three Senators. 

The counties of Kennebeck and Somerset, shall form 
one district, and choose two Senators. 

[This act passed 11th February^ 1812.] 



CHAP. XCVIIL 

An Act authorising the sale of the School Land in the town 
of Baldwin, in the county of Cumberland. 

Sec 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same ^ That Josiah Peirce, Esq. Richard trustees ap- 
Fitch, David Potter, Ephraim Bacheldor, and Joseph pointed. 
Richardson, be, and they are hereby appointed trustees, to 
sell the School Lands in the town of Baldwin, and to put 
out at interest the monies arising from such sale, in manner 
hereinafter mentioned, and for that purpose. 

Sec 2. Be it further enacted^ That the said trustees 
be, and they are hereby incorporated into a body politic, 
by the name of The Trustees of the School Fund in the incorpora- 
town of Baldwin, in the county of Cumberland, and they ^^'^^ 
and their successors shall be and continue a body politic 
and corporate by that name forever ; and they may sue 
and be sued in all actions, real, personal and mixed, and 
prosecute and defend the same to final judgment and exe- ,^ 

cution, by the name aforesaid. 

Sec 3. Be it further enacted. That the said trustees 
and their successors, shall and may annually elect a Pres- Empowered 
ident and Clerk, to record the doings and transactions of*°^^^c<^ o** 
the trustees at their meetings, and a Treasurer to receive 
and apply the monies hereinafter mentioned, as herein- 
after directed. 

Sec 4. Be it further enacted, That the number of 
trustees, shall not at any one time, be more than five, nor it "([^ *^ '"' 
less than three ; any three of their number to constitute a 



520 



SCHOOL LAND. 



Feb. 11, 1812. 



Vacancies 
supplied. 



Time of 
meeting'. 



Trustees 
empowered 
to sell. 



Monies re- 
ceived and 
appropria- 
ted. 



Trustees to 
be directed. 



Treasurer 
to give 
lipnd. 



quorum for transacting business, and they shall and may 
from time to time fill up vacancies in their number, which 
may happen by death, resignation or otherwise, iVom the 
inhabitants of said town, and shall also have power to re- 
move any of their number, v.'ho may become unfit and 
incapable, from age, infirmity, misconduct, or any other 
cause, of discharging their duty, and to supply a vacancy 
so made by a new choice from the town aforesaid ; and 
the said trustees shall annually hold a meeting in March 
or April, and as much oftener as may be found necessary 
to transact their necessary business, which meetings, 
after the first, shall be called in such way and manner, as 
the trustees shall hereafter direct. 

Sec 5. Be it further enacted^ That said trustees be, 
and they are hereby authorised, to sell and convey in fee 
simple, all the school lands belonging to said town of 
Baldwin, and to make, execute and acknowledge a good 
and sufficient deed or deeds thereof, which deed or deeds, 
subscribed by the name of their Treasurer, by direction 
of said trustees, with their seal thereto affixed, shall be 
good and effectual in law to pass and convey the fee sim- 
ple from said town to the purchaser, to all intents and 
purposes whatever. 

Sec 6. Be it further enacted^ That the monies arising 
from the sale of said lands shall be put at interest as soon 
as may be, and secured by mortgage of real estate to the 
full value of the estate sold, or by two or more sufficient 
sureties with the principal ; unless said trustees shall 
think proper to invest the same in bank stock of this 
Commonwealth, which they may do. 

Sec 7. Be it further enacted^ That said trustees shall 
annually apply the interest arising from the fund aforesaid, 
to the support of schools in said town, in such way and 
manner as the inhabitants thereof in legal town meeting 
shall direct. And it shall never be in the power of said 
town to alienate, or any wise alter the fund aforesaid. 

Sec 8. Be it further enacted^ That the Clerk of said 
corporation shall be sworn, previous to his entering on 
the duties of his office, and the Treasurer of the trustees 
shall give bond faithfully to perform his duty, conforma- 
bly to the true intent and meaning of this act, and for all 
negligence or misconduct of any kind in his office. 



BAPTIST SEMINARY. FeL 11, 1812. 521 

Sec. 9. Be it further enacted, That the trustees or 
their officers, for any service they may perform, shall be 
entitled to no compensation, out of any money arising officers 
from the fund aforesaid, but if entitled to any, shall have J-q™^^"^*" 
and receive the same of said town as may be mutually 
agreed on. ' 

Sec. 10. Be it further enacted. That the said trustees 
and their successors shall exhibit to the town, at their Trustees 
annual meeting in March or April, a regular and fair directed to 
statement of their doings, and said trustees, and each of ^^y^ts annu- 
them, shall be responsible to the town, for their personal ally.* 
negligence, or misconduct, whether they be officers or 
not, and liable to a suit, for any loss or damage arising 
thereby, the debt or damage recovered in such suit to be 
for the use aforesaid. 

Sec 11. Be it further enacted, That Josiah Pierce First meet- 
Esq. be, and he hereby is, authorised to fix the time and '"S directed. 
place for holding the first meeting of said trustees and to 
notify each trustee thereof. 

[This act passed 11th February, 1812.] 



CHAP. XCIX. 

An Act to establish a Corporation by the name of The 
Trustees of the Baptist Seminary in West Springfield. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That there be, and hereby is es- 
tablished, in the town of West Springfield, in the county 
of Hampshire, a literary seminary by the name of The seminary es- 
Baptist Seminary in West Springfield, for the purpose of tabiished. 
promoting piety and virtue and for the education of youth 
in such languages, and in such of the liberal arts and sci- 
ences, as the trustees thereof shall from time to time 
judge the most useful and expedient, for the purposes of 
the said institution, and as they may accordingly order 
and direct. 

Sec 2. Be it further enacted. That the number of the 
said trustees shall never be more than fifteen, nor less 
than nine, five of whom shall be a quorum for doing 



522 



BAPTIST SEMINARY. 



Feb. 11, 1812. 



Trustees in- 
corporated. 



Empowered 
to elect offi- 
cers. 



Proviso. 



Monies re- 
ceived and 
appropria- 
ted. 



business, and the said trustees, who are by this act cre- 
ated a corporation, shall be, and hereby are declared to 
have perpetual succession with all the powers and privi- 
leges incident and usually given to and exercised, and 
enjoyed by other institutions of the like nature and pur- 
pose. And the said corporation may have and use a 
common seal, subject to change or alteration when they 
see cause ; and all deeds or other instruments shall be 
sealed with said seal, and when signed, sealed, executed, 
acknowledged and delivered, by the Treasurer of the said 
corporation, shall be binding on the said corporation, and 
shall be good and valid in law. 

Sec. 3. Be it further enacted, That the said trustees 
shall have power to elect by ballot, a Secretary and Treas- 
urer, and to make such other appointments of oiTicers, and 
of the principal and subordinate instructors, in the said 
seminary, as they may from time to time judge necessary ; 
to fix the tenure of their respective offices, and to define 
their several powers and duties, to vacate the place of any 
trustee, officer, or instructor, when in their opinion, by 
reason of age, resignation, misconduct, or other cause, he 
has become incapable of discharging the duties of his 
office ; and to fill all vacancies which may so happen, to 
fix the times and places for the meetings of the said cor- 
poration, and the mode of notifying the members, and to 
prescribe and establish such reasonable statutes and by- 
laws, as will best promote and cultivate a temper of sub- 
ordination, and a just and mild government, in the said 
seminary, and to annex reasonable penalties, for neglect 
of duty, or a breach of the laws : Provided however^ That 
such statutes and by-laws, shall never be repugnant to the 
constitution and laws of this Commonwealth. 

Sec 4. Be it further enacted. That all the monies, 
lands, or other property already subscribed, or which may 
be hereafter given, assigned, or transferred to the said 
trustees, for the use of the said institution, shall be re- 
ceived and held by them and thei^ successors in office, in 
trust ; and the said trustees, in behalf of said seminary, 
may also receive and hold in fee-simple, by gift, grant, 
demise, bequest or otherwise, any land, or other estate, 
real or personal, provided the annual income thereof shall 
not exceed the sum of fifteen thousand dollars ; and the 
said trustees may sell and dispose of the sanie> and apply 



sue warrant. 



TYRINGHAM. Feb. 11, 1812. 523 

the rents and profits thereof in such way as they may 
judge will be the most productive to the general interests 
of the said institution, and the promotion of literature. 
And the said trustees, in their corporate capacity, are 
hereby made capable in law to sue and be sued, in all 
actions real, personal, or mixed, and to prosecute and de- 
fend the same to final judgment and execution, by the 
name of The Trustees of the Baptist Seminary in West 
Springfield. 

Sec 5. And be it further enacted^ That Benjamin 
Basset, Asahil Chapin, Stephen Chapin, Samuel Gill, 
Austin Goodyear, Benjamin Hastings, Caleb Humeston, ^^ 
Thomas Hand, and Noah Wolcot, be, and they hereby pointed. 
are appointed and declared to be the first and present 
trustees of the said seminary. And any Justice of the 
Peace for the county of Hampshire is hereby authorized, 
upon application therefor, to issue a warrant, directed to Justice to Is- 
one of the before named trustees, requiring him to notify 
and warn a meeting of the said trustees, at such convenient 
time and place, as shall be expressed in said warrant, to 
organize the said seminary, by the election and appoint- 
ment of its officers. 

[This act passed 11th February, 1812.] 



CHAP. C. 

An Act to annex Isaac Walker and Joshua Brewer, with 
their families and estates, to the town of Tyringhara. 

XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Isaac Walker and Joshua 
Brewer, inhabitants of the town of New Marlborough, Persons set 
with their polls and estates, be, and they hereby are set 
off" from the said town of New Marlborough, and annexed 
to the town of Tyringham, in the county of Berkshire, as 
described within the following limits, viz. Beginning at 
the north-east corner of the said town of New Marlbo- 
rough, thence southerly on the line of Sandisfield, one 
hundred and fifty rods, to a stake and stones ; thence north, 
fifty degrees west, two hundred and fourteen rods, to a 



off to other 
town. 



524 



MERINO WOOL FACTORY. 



Feb, 13, 1812. 



stake and stones upon the line between New Marlborough 
and Tyringham ; thence one hundred and seventy-six 
rods to the bounds first mentioned. 

[This act passed 11th February^ 1812.] 



Persons in- 
corporated. 



May hold 
estate. 



CHAP. CI. 

An Act to incorporate Larned Corbin and others, by the 
name of The Merino Wool Factory Company. 



B 



Sec 1. XJE it e?iacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Larned Corbin, Jepthah Bacon, 
Aaron Tults, Phinehas Bemis, and William Larned, to- 
gether with such others as may hereafter associate with 
them, their successors and assigns, be, and they are hereby 
made a corporation, by the name of The Merino Wool Fac- 
tory Company, for the purpose of manufacturing wool and 
cotton in the town of Dudley, in the county of Worcester, 
and for the purpose aforesaid, shall have all the powers 
and privileges, and shall also be subject to all the duties 
and requirements prescribed and contained in an act en- 
titled, " An Act defining the general powers of manufac- 
turing corporations," passed the third day of March 
eighteen hundred and nine. 

Sec 2. Be it further enacted, That the said corpora- 
tion, in their corporate capacity, shall and may lawfully 
hold and possess real estate not exceeding fifty thousand 
dollars, and personal estate not exceeding one hundred 
thousand dollars, as may be necessary and convenient for 
carrying on the manufactory of wool and cotton in their 
various branches in said town of Dudley. 

[This act passed 13th February j 1812.] 



COTTON & WOOL FACTORY. Feb. 13, 1812 52i 



CHAP. CII. 

An Act defining the duties of Sheriffs, Coroners and 
Constables in certain cases. 



Sec. 1. jDE it enacted hy the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That when any person imprisoned 
for debt, or any other cause, shall die in any county of 
this Commonwealth, it shall be the duty of the Sheriff or 
deputy Gaoler to deliver the body of such deceased per- ug^a bodies 
son to his relations or friends, if they shall request it. And not attacha- 
if no application be made for such body, it shall be the ^'^ ^^ ^"^^^ 
du ty of the Sheriff, or deputy Gaoler, to bury the same in 
the common burying ground, and the expenses thereof 
shall be paid by the town in which such person had a le- 
gal settlement, if such person had been an inhabitant of 
this Commonwealth, otherwise the expenses aforesaid 
shall be paid out of the treasury of this Commonwealth. 

Sec. 2. Be it further enacted. That if any Sheriff, 
Coroner, or Constable shall take the body of any deceased 
person, by virtue of any writ on mesne process or exe- 
cution, upon conviction of such offence before the Su- 
preme Judicial Court, or the Circuit Court of Common g^me. 
Pleas, v\^ithin the county in which such offence shall have 
been committed, he shall be fined not more than five hun- 
dred dollars, or imprisoned for a time not exceeding six 
months. 

[This act passed 13th February, 1812.] 



CHAP. cm. 

An Act to establish a Cotton and Wool Factory Com- 
pany in the town of Frankfort. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Alexander Milliken, Seth persons liv 
Kempton, Abner Bicknell, George Hight, Thomas corpoi-ated. 
U u u 



526 JUDGE OF PROBATE. Feb. 15, 1812; 

Whittier, Isaac Millike n, and Davis Wasgatt, together 
with such others as may hereafter associate with them, 
and their successors and assigns, be, and they hereby 
are made a corporation, by the name of The Frankfort 
Cotton and Wool Factory Company, for the purpose of 
manufacturing cotton and wool in the said town of Frank- 
fort, in the county of Hancock, and for this purpose shall 
have all the powers and privileges, and shall also be sub- 
ject to all the duties, requirements and disabilities pre- 
scribed and contained in an act, entitled, " An act de- 
fining the general powers and duties of manufacturing 
corporations," passed the third day of March, eighteen 
, hundred and nine. 

Sec 2. Be it further enact ed. That the said proprle- 
, tors, in their corporate capacitv, shall, and may lawfully 

Empowered i , , i ^ , ^ " ,. j. 4. ..u 

to hold hold and possess, real estate not exceedmg twenty tliou- 
estate. sand dollars, and personal estate not exceeding one hun- 

dred thousand dollars, for carrying on the manufacture of 
wool and cotton, in the said town of Frankfort. 

[This act passed 13th February^ 1812.] 



CAAP. CIV. 

An Act making further allowance to the Judge of Probate 
for the county of Kennebeck, for his services* 



Wi 



Preamble. 



HEREAS the allowance to the Judge of 
Probate, for the county of Kennebeck, as by law estab- 
lished, proves to be an inadequate compensation^ for his 
services in that office. 

BE it enacted by the Senate and House of Representa- 
tives in General Court assembled^ and by the authority of 
the same, That from and after the passing of this act, the 
Treasurer of the county of Kennebeck, be, and he is hereby 
authorised and directed to pay the said Judge* of Probate 
duty. ""^* " for the time being, such sum as together widi the fees of 
office shall be equal to four hundred dollars per annum, 
provided that the said Judge shall keep a:n account of all 
fees, by him taken, in said office, and shall present said 
account attested by the Register of Probate, to the Treas- 
urer of said county, at the end of each year, 

[This act passed 13th February^ 1812.] 



Treasurer's 



BANKING CORPORATIONS. Feb. 13, 1812. 527 



CHAP. CV. 

An Act subjecting the real estate of Banking Corpora- 
tions to be taken in execution, and sold at public 
auction, for the payment of their debts. 

Sec. 1. JjE 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 lands, tenements or hereditaments of any 
bank already incorporated, or which may hereafter be in- banking cor- 
corporated by law, may be taken in execution, and sold at poration 
public vendue to the highest bidder; and in every such ^r^^iebt'^ ^'^ 
case, the officer who shall levy such execution shall be 
impowered to execute to the purchaser a good deed or 
deeds of any such lands, tenements or hereditaments, 
having first given notice of the time and place of sale, at 
least fourteen days previous thereto, in two or more pub- 
lic places, in the town or place where such lands or tene- 
ments lie, as also in two adjacent towns ; and all deeds 
and conveyances of any such lands, tenements or heredi- 
taments duly executed as aforesaid, shall be good and 
eftbctual in law to transfer to the purchaser, his heirs and 
assigns forever, all the right, title and interest therein, 
which belonged to said corporation ; any law, usage or 
custom to the contrary notwithstanding. 

Sec 2. Be it further enacted. That the officer who 
may levy any such execution, shall be authorised and em- officer^* 
powered to adjourn the vendue from time to time, not ^^^^' 
exceeding seven days at any one time, until the sale of 
such real estate shall be completed. 

[This act passed 13th February^ 1812.] 



528 TURNPIKE CORPORATION. Feb, 13, 1812 



CHAP. CVI. 

An Act to amend an act, entitled, " An act to establish 
the Fifteenth Massachusetts Turnpike Corporation." 

Sec. 1. XjE it enacted by the Senate and House of 

Repi'esentatives in General Court assembled, and by the 

authority of the same. That from and after the passing 

of this act, so much of the said Fifteenth Massachusetts 

Turnpike road, as lies north of where the said turnpike 

road"dUcon- ^^^^ intersects the county road leading from Great Bar- 

tinuecU rington to Stockbridge in the county of Berkshire, being 

about three fourths of a mile in length, be, and hereby is 

discontinued, and the proprietors of the said Fifteenth 

Massachusetts Turnpike road be, and they hereby are 

exempted and released from keeping the said three 

fourths of a mile, of the said turnpike road in repair, any 

thing in the aforesaid act of incorporation to the contrary 

notwithstanding. And it is also hereby further provided^ 

That the toll gates and the rates of toll, at the said gates, 

as established by the act aforesaid, shall be, and continue 

the same, as are allowed, in and by the act aforesaid. 

Sec. 2. And be it further enacted. That the discontin- 

11 t tiance aforesaid, shall in no manner affect any county road 

affect other already laid out and established upon that part of said 

roads. turnpike road discontinued as aforesaid ; but any county 

road heretofore laid out, shall be, and remain a county 

road in future, in the same manner it would have done if 

the act establishing said turnpike corporatioa had not 

been passed. 

[This act passed 13 th February^ 1812.] 



BAPTIST SOC— SCHOOL LANDS. Feb. 13, 1812. 529 



CHAP. cvn. 

An Act in addition to an act, passed the twenty-sixth 
day of February 18il, entitled, "An act to establish 
the Baptist Society of Newbury and Newburyport. 



B 



Proprietors 



►E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That the proprietors of the meeting 
-house of The Baptist Society in Newbury and Newbury- 
port be, and they hereby are authorised and empowered autiiorrsed* 
to sell and convey by private contract or public auction to sell. 
as they may think expedient, the walls of said meeting 
house, and the land under and adjoining the same, be- 
longing to the said proprietors, and to apply the proceeds 
thereof in such manner as the said proprietors may think 
proper ; and a deed of the premises aforesaid, executed 
by such person or persons, as by the vote of a legal pro- 
prietors' meeting may be appointed for such purpose, and 
duly acknowledged and recorded, shall be good and suffi- 
cient in law, to convey the said land and walls, and to pass 
the title thereof in fee simple to the purchaser. 

[This act passed 13th February, 1812.] 



CHAP. CVIIL 

An Act to authorise the sale of the Ministerial and School 
Lands in the town of New Sharon, and to incorporate 
certain persons by the name of The Trustees of the 
Ministerial and School Funds in the town of New 
Sharon. 

Sec 1. XjE it enacted by the Senate aj^d House of ^ 
Representatives m General Court assembled, and by the 
authority of the same, That Abel Baker, Samuel Bradley, Persons in. 
Christopher Dyer, Thomas Fields, Daniel Gould, and *=o''PO''ated- 
Francis Mayhew, be, and they are hereby appointed 
Trustees to sell the Ministerial and School Lands, in the 
said town of New Sharon, in the county of Kcnnebeck, 



530 SCHOOL LANDS IN Feb. 13, 1812. 

and to put out at interest the monies arising from such 
sale, in the manner hereinafter directed. 

Sec. 2. Be it further enacted^ That the trustees be- 
fore named be, and they are hereby incorporated into a 
body poHtic, by the name of The IVustees of the Minis- 
Trustees terial and School Funds in the town of New Sharon, 
empowered and that they and their successors shall be, and continue 
a body politic and corporate forever, and they shall 
have and use a common seal, subject to alteration at their 
pleasure. And by the name aforesaid they may sue and 
be sued, in all actions, real, personal, and mixed, and 
prosecute and defend the same to final judgment and exe- 
cution. 

Sec 3. Be it further enacted^ That the inhabitants of 
the said town of New Sharon, who are qualified to vote in 
town affairs, shall at their annual town meetings for the 
Choice of of- choice of officers, have the privilege to elect three persons, 
as associates with the beforenamed trustees, and after the 
said corporation shall be duly organized, according to the 
provisions of this act, one of the three associates, chosen 
as aforesaid, shall annually retire by lot, and the vacancy 
so made shall be supplied by a new election, so that one 
new member of the said corporation may be elected an- 
nually forever. 

Sec 4. Be it further enacted^ That the said trustees 
and their successors shall annually elect a President and 
a Clerk, to record the doings of the said trustees, and a 
and^ci^"k A^casurer to receive and apply the monies herein men- 
how chosen, tioned, as hereafter directed, and any other needful offi- 
cers for the better managing their business, and all such 
elections shall be by written votes. 

Sec 5. Be it further enacted^ That the number of 
trustees shall never exceed nine, nor be less than six, any 
live of whom may be a quorum for doing business, and 
they shall have power from time to time, to fill up vacan- 
Trustecs to cies in their number, which may happen by death, resig- 
suppiy va- nation, or otherwise, and they shall also have power to 
remove any one of their number, who, from age, infirmity, 
misconduct, or any other cause, may become unfit or un- 
able to discharge his duty, and to supply the vacancy so 
made by a new choice, from the inhabitants of the said 
town. And the said trustees shall hold a meeting annually 
in March, and oftener when it may be found necessary, to 



NEW SHARON. Feb. 13, 1812. 531 

perform their business, which said meeting, after the first, 
shall be notified and called, in such way and manner as 
the trustees at any meeting may direct. 

Sec. 6. Be it further enacted^ That the said trustees 
be, and they are hereby authorised to sell and convey the Juihorrsed 
ministerial and school lands belonging to the said town to sell. 
of New Sharon, and to make, execute, and acknowledge 
a good and sufficient deed or deeds thereof, which deed or 
deeds shall be subscribed by the Treasurer and counter- 
signed by the Clerk, with the seal affixed, shall be good 
and effectual in law to convey the fee simple from the 
said town to the purchaser. 

Sec 7. Be it further enacted, That all monies arising 
from the sale of the said ministerial and school lands, in Empowered 
the said town of New Sharon, shall be put to use, as soon 
as may be, and secured by mortgage on real estate, to the 
full value of the property sold, or money loaned, or by 
two or more sureties, with the principal, unless the trus- 
tees shall think it more expedient to invest the same in 
public funded securities, or bank stock, at their discretion. 

Sec. 8. Be it further enacted, That the Treasurer of 
the said fund shall give bonds to the acceptance of the Treasurer 
said trustees faithfully to perform his duty, and to be at toS!* 
all times responsible for the faithful application and expen- 
diture of the monies which mav come into his hands, con- 
formably to the true intent and meaning of this act, and 
for all negligence or misconduct of any kind in his said 
office : and the Clerk shall be sworn to the faithful dis- 
charge of his duty. 

Sec 9. Be it further enacted, That it shall be the 
duty of the said trustees to keep distinct accounts of the 
monies accruing from the sale of the said school lands, 
from those of the ministerial lands, and of the interest ^^^^ ^^ 
arising therefrom respectively ; which accounts they and trustees. 
their successors in office shall exhibit to the town, at their 
annual meeting in March or April ; and the said trustees 
shall be entitled to no compensation from the funds afore- 
said, but a reasonable compensation may be made to them, 
the Treasurer, or other officers, by the town, at their 
discretion. 

Sec 10. Be it further enacted, That the interest ac- 
cruing on the monies, coming from the sale of the said 
ministerial lands shall be appropriated for the support of 



532 BAPTIST SOCIETY. Feb, 17, 1812. 

the gospel ministry in the said town of New Sharon: and 

the interest accruing on the monies coming from the 

Monies re- sale of the said school lands shall be appropriated for the 

appropAa? support of instruction in public free schools in the said 

ted. town. And it shall never be in the power of the said 

town, to alienate or alter the appropriation of the said 

funds, provided in this act. 

Sec. 11. Be it Jurther enacted, That the said trustees, 
and each of them, severally, shall be responsible to the town 
Trustees ^^^ their personal misconduct or neglect, whether they be 
responsible, officers or not, and liable to prosecution for any loss or 
damage to the said funds arising thereby, and the debt or 
damage recovered in such suit, shall be considered as be- 
longing to the said funds, and applied accordingly. 

Sec 12. Be it Jurther enacted, That any Justice of the 
Peace for the county of Kennebeck, upon application 
Justice to is- therefor, is hereby authorised to issue a warrant to one of 
'the trustees before named, requiring him to notify and 
warn the first meeting of the said trustees at such conveni- 
ent time and place, as shall be appointed in the said war- 
rant, to organize the said corporation, by the election and 
appointment of its officers. 

[This act passed 13th February/, 1812.] 



CHAP. CIX. 

An Act to incorporate a number of persons by the name 
of The First Baptist Society in Salisbury. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same^ That Daniel Barnard, Joseph 

Persons in- Boardman, Thomas Boardman, Thomas Boardman jun. 

corporated. Stephen Brown, Aaron Clough. Jacob Currier, Benjamin 
Currier, Richard Currier, Jacob Flanders jun. Joseph 
Flanders, Moses Flanders 3d, Nathan Flanders, Bennet 
Flanders, Samuel Follensbe, Ezjkiel Fowler, Daniel 
Fowler, Thomas Frost, Moses Cill, William Goodridge, 
Henry Goodwin jun. Philip Gould, Allen Greeley, Moses 
Greeley, Stephen Greeley, William Huntington jun. 
Eliphaiet Lowell, Jonathan Martin, Henry Maxfield, 



BAPTIST SOCIETV. Feb, 17, 1812. 533 

Abraham Morrill jun. David Morrill, David Morrill jun. 
Samuel Morrill, John Morrill, Jonathan Morrill, Brad- 
bury Morrill, William Morrill, Benjamin Morrill, James 
Quimby, Nadianiel Ring, Jeremiah Sawyer, Jabez True, 
Samuel A. Tucker, James Tucker, and Philip Wadleigh, 
with their families and estates, together with such as may 
hereafter associate with them, and their successors, be, 
and they hereby are incorporated and established as a 
distinct religious society, by the name of The First Bap- 
tist Society in Salisbmy, with all the powers and privi- 
leges, usually exercised and enjoyed by other religious 
societies, according to the constitution and laws of this 
Commonwealth. 

Sec 2. Be it further enacted^ That any person be- 
longing to any other religious society in the said town of 
Salisbury and Amesbury, who may desire to join in reli- becoming a 
gious fellowship with the said Baptist society, and doth member. 
declare such desire and indention in writing to the minister, 
elder, committee, or clerk thereof, fifteen days at least 
prior to the annual meeting, and receive a certificate of 
membership signed by the said minister, elder, commit- 
tee, or clerk, that he or she has actually become a mem- 
ber of, and doth statedly and constantly unite in religious 
worship with the said Baptist society in Salisbury, such 
person, from the date of such certificate, shall be consid- 
ered with his or her polls and estate as a member of the 
said Baptist society, provided always that every person so 
joining the said Baptist society, shall give like notice of 
his intention to the committee or clerk of the society 
from which such person may secede. 

Sec 3. Beit further enacted^ That when any mem- 
ber of the said Baptist society may see cause to leave the Manner of 
same, and to unite in religious worship with any other leaving-, 
religious society in the said towns of Amesbury or Salis- 
bury, and doth declare such desire and intention in wri- 
ting to the minister, elder, committee, or clerk of such 
other society, fifteen days at least prior to the annual 
meeting thereof ; and if such person doth receive a certifi- 
cate of membership, signed by the minister, elder, com- 
mittee, or clerk, 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. Provided however^ That in 
every case of secession from one society and joining an- Proviso, 
W vv w 



534 NEHUMKEAG. ^ Feb. 17, 1812. 

other, in the manner provided by this act, such person 
shall be holden to pay his or her tax or proportion of all 
assessments or other pecuniary parish charges assessed 
and not paid before such secession. 

Sec. 4. Be it further enacted^ That any Justice of the 
Peace for the county of Essex is hereby authorised, upon 
Justice to is- application therefor, to issue a warrant directed to a 
sue warrant member of the said Baptist society, requiring him to no- 
tify and warn a meeting thereof, at such convenient time 
and place, as may be appointed in the said warrant, to 
organize the said society by the appointment of its 
officers. 

[This act passed 17th February, 1812.] 



CHAP. ex. 

An Act to exempt Nehumkeag stream in the town of 
Pittston, from the operation of all the laws for regula- 
ting the fisheries in the river and county of Kennebeck. 

XjE it enacted by the Senate and House qf 
Representatives in General Court assembled, and by the 
authority of the sGfne, That the stream called Nehum- 
keag, in the town of Pittston, in the county of Kennebeck, 
be, and hereby is exempted from the operation of all the 
repealed, laws for the regulating the fisheries in the rivers and 
streams running into the river Kennebeck. 

[This act passed 17th February, 1812.] 

CHAP. CXI. 

An Act for continuing in force an act, entitled, " An act 
making a temporary alteration in the toll receivable on 
certain articles by the Proprietors of the upper Locks 
and Canals on Connecticut river, in the county of 
Hampshire." 



Act 



X5E it enacted by the Senate and House of 
Representatives in General Court assembled and by ther 
authority of the same, That the proprietors of the upper 



BIRMIl^GHAM FACTORY. i^V^. 17, 181^. S35 

Locks and Canals on Connecticut river, in the countv of 
Hampshire, be, and they hereby are authorized to demand Piop"ft.ors 
and receive hereafter the same toll on certain articles pass- ^o Uceh'e 
ing through their works which they were authorized to toil. 
demand and receive by virtue of an act entitled, "An act 
making a temporary alteration in the toll receivable on 
certain articles by the proprietors of the upper Locks and 
Canals on Connecticut river in the county of Hampshire." 
Provided however^ That the toll hereby authorized to be proviso. 
received be subject to be regulated by the General Court, 
according to the provision contained in the original act 
of incorporation, passed on the twenty-third day of Feb- 
ruary, in the year of our Lord one thousand seven hun- 
dred and ninety-two. 

[This act passed 17th February^ 1812.] 



CHAP. cxn. 

An Act to incorporate the Proprietors of the Birmingham 

Factory. 

Sec 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Benjamin Andrews, Amos Persons in- 
Lawrence, and such other persons as may hereafter asso- corporated. 
ciate with them, their successors and assigns, be, and 
hereby are made a corporation by the name and style of 
The Birmingham Factory, for the purposes of manufac- 
turing cutlery, buttons, brass and plated furnitures, and 
various hard-wares within the town of Boston, or any 
where within seven miles of said town, and for this pur- 
pose shall have all the powers and privileges, and be sub- 
ject to the duties and regulations contained in an act passed 
by the General Court March the third one thousand eight 
hundred and nine, entitled, " An act defining the general 
powers and duties of manufacturing corporations." 

Sec. 2. Be it further enacted^ That said corporation 
may take and hold real estate not exceeding the value of Possession 
eighty thousand dollars, and personal estate not exceeding ^uo^^J^!^^^ 
the value of three hundred thousand dollars, for the pur- 



536 PROBATE, FRANKLIN. Feb. 17, 1812. 

pose of establishing and carrying on tiie manufacturing of 
such wares as aforesaid. 

[This act passed 17th February^ 1812.] 



CHAP. CXIIL 

An Act determining the places for holding the Courts of 
Probate, and the town in which the Register of Pro- 
bate shall keep his office, within and for the county of 
Franklin. 

Sec. 1. XjE it enacted by the Senate and House of 

Mepresentatives in General Court assembled, and by the 

authority of the same. That from and after the passing of 

this act, there shall be holden within and for the county 

of Franklin, in each year, a Court of Probate at the places 

Times and hereafter mentioned, that is to say, at Greenfield eight 

howtn/'^'^ times, at Charlemont twice, at Wendell twice, and at 

Conway twice, at such times and places in said towns as 

the Judge of Probate, for the same county, shall appoint. 

Sec 2. Be it further enacted, That the Register of 

ofBce.where Probate for said county, shall hold and keep his office in 

to be kept, the shire town of the same county. 

[This act passed 17th February, 1812.] 



CHAP. CXIV. 

An Act to set off that part of the estates of Samuel Carr 
and Joseph Wingate respectively, which is situated in 
the town of Augusui, from said town, and to annex the 
same to the town of Haliowell, and to the first parish in 
said Haliowell. 

XjE it enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

Persons set authority of the same. That such part of the estate of 

off to other Samuel Carr, and such part of the estate of Joseph 

town. WingatCj as is situated in the town of Augusta, be, and 



TURNPIKE.— LOCKS. Feb, 17, 1812. 537 

the same is hereby set off from the town of Augusta and 
annexed to the town of Hallowell, and to the first parish 
in said Hallowell. Provided^ That said Carr and Wingate Proviso, 
shall be holden to pay all taxes already legally assessed 
upon them respectively, in the same manner as if this act 
had not passed. 

[This act passed 17th February, 1812.] 



CHAP. CXV. 

An Act to extend the charter of the Worcester and Fitz- 
williani Turnpike Corporation. 



B] 



>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the Worcester and Fitz Wil- 
liam Turnpike Corporation shall be allowed three years 
from the fifteenth day of June, one thousand eight hundred 
and twelve, for making and completing their said road, 
viz. from the north line of this Commonwealth, in the 
town of Royalston, near Graves' Mills, so called, to the 
dwelling-house of Eden Baldwin in Templeton, near Bald- 
win's mills. 

[This act passed 17th February ^ 1812.] 



CHAP. CXVI. 

An Act for continuing in force an act, entitled, " An act 
making a temporary alteration in the toll to be received 
by the Proprietors of the Locks and Canals on Con^ 
necticut river." 



Bi 



>E it enacted by the Senate ajid House of 
Representatives in General Court assembled, and by the 
authority of the same. That the proprietors of the Locks Proprietors 
and Canals on Connecticut river be, and they hereby are \q receive 
authorized hereafter to demand and receive the same toll toil. 
that they were authorized to demand and receive by virtue 
of the act aforesaid, passed on the eighth day of March in 



SSB AGAWAM MANUFACT. COMP. Feb. 18, 1812. 

the year of our Lord one thousand eight hundred and five, 
and entitled, " An act making a temporary alteration in 
the toll to be received by the proprietors of the Locks and 
Proviso. Canals on Connecticut river. Provided however^ That 
the said toll be subject to be regulated by the General 
Court according to the provision for that purpose made, 
and contained in the original act of their incorporation. 
[This act passed 17th February^ 1812.] 



CHAP. CXVIL 

An Act to alter the name and title of an act passed Feb- 
ruary 24, 1810, incorporating Timothy Burbank and 
others by the name of The Agawam Cotton, Woollen, 
and Linen Manufactory. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
«faine alter- authority of the same. That from and after the passing of 
**• this act, the corporation aforesaid shall be allowed to take 

the name of The Agawam Manufacturing Company, and 
by that name shall hereafter be known instead of the afore- 
said name. 

Sec. 2. Be it further enacted, That all acts, engage- 
Former law ments, promises, and things heretofore done or entered 
binding. jnto by said corporation, shall be as binding on the same 
as though this act had never been passed, any thing in the 
original act to the contrary notwithstanding. 

[This act passed 18th February^ 1812.] 



HOPKINS' DONATION. Feb, 18, 1812. 539 



CHAP, cxvni. 

An Act to repeal the second section of an act, entitled, 
" An act in addition to an act, in explanation of an act, 
entitled, An act in addition to an act, passed in the 
year of our Lord one thousand seven hundred and forty- 
one, entitled, An act to enable the Trustees appointed 
in His Majesty's High Court of Chancery to purchase 
houses and lands, and to improve the same for perpet- 
uating the charity of the Honorable Edward Hopkins 
Esq. more effectually to secure the interest of their 
several tenants in possession of their Hopkinton and 
Upton lands, and the revenue of those lands to the 
College and Grammar School at Cambridge, according 
to the true intent of all parties, at the first settlement of 
that town." 



B 



►E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the second section of the act 
entitled, *' An act in addition to an act, in explanation of 
an act, entitled. An act in addition to an act, passed in the 
year of our Lord one thousand seven hundred and forty- 
one, entitled, An act to enable the Trustees appointed in 
His Majesty's High Court of Chancery to purchase houses 
and lands, and to improve the same for perpetuating the ^^^ 
charity of the Honorable Edward Hopkins Esq. more repealed^. 
effectually to secure the interest of their several tenants in 
possession of their Hopkinton and Upton lands, and the 
revenue of those lands to the College and Grammar School 
at Cambridge, according to the true intent of all parties, 
at the first settlement of that town," be, and the same is 
hereby repealed. 

[This act passed 18th February, 1812.] 



540 



MINISTERIAL FUNDS. 



Feb. 18, 1812« 



CHAP. CXIX. 

An Act to incorporate the Trustees of the Ministerial 
Fund in the town of Watertown. 



Persons in- 
corporated. 



Sec. 1. XJE it enacted by the Senate arid House of 
Representatives in General Court assembled, and by the 
authority of the same. That Jonas White, Levi Thaxter, 
Nathaniel R. Whitney, John Fowle, and Peter Clark, be, 
and they hereby are constituted and made a body politic 
and corporate, by the name of The Trustees of the Wa- 
tertown Ministerial Fund ; and they and their successors 
in office, shall by that name continue to be a body politic 
and corporate forever. And the said corporation shall 
have power to have and use a common seal, subject to 
alteration when they see cause ; and shall also be capable 
in law as a corporation, to sue and be sued, in any action, 
real, personal, or mixed, and prosecute and defend the 
same, to final judgment and execution, and may also pur- 
sue and oppose, settle and adjust, as well out of, as in any 
court of justice, all claims and demands in favour of, or 
against them in their said capacity, in such way and man- 
ner as they may think expedient. 

Sec. 2. Be it further enacted, That the said trustees, 
as soon hereafter as may be, and forever hereafter, in the 
empowered, month of March or April annually, shall elect one of their 
number as President, and whenever the said office shall 
become vacant, by death, resignation, or otherwise ; and 
shall also in the said month of March or April annually, 
elect a Clerk, and whenever the office of Clerk shall be 
vacant, whose duty it shall be to record the doings and 
proceedings of the said trustees at their regular meetings, 
in a book or books to be kept for that purpose : and the 
said trustees shall annually in said months of March or 
April, and at all other times, when one shall be wanting, 
choose a Treasurer to receive all monies and other prop- 
erty, and to keep and apply the same, as is hereinafter 
directed. And every Clerk and Treasurer, before enter- 
ing upon his said office, shall be sworn, to the faithful dis- 
charge of the duties thereof, and a record thereof shall be 
entered in the books of the corporation* 



Trustees 



WATERTOWN. Peb. 18, 1812. 541 

Sec. 3. Be it further enacted^ That the number of the 
said trustees shall not exceed seven, nor be less than five, 
a majority of whom shall constitute a quorum for doing 
business : and they may from time to time remove any 
of their number, who shall become unfit or irrcapable, 
through age, infirmity, misconduct, or any other 
cause, of discharging his duty ; and they shall within ten 
days after such removal, or after any vacancy shall hap- 
pen, by death, resignation, or otherwise, give information 
thereof to the selectmen of said town, and the town at a 
legal meeting may fill up such vacancy or vacancies Trustees to 
within three months after such information received : but canciesJ*' 
if such vacancy or vacancies shall not be filled by said 
town within three months, then the remaining trustees may- 
proceed to supply such vacancy from the inhabitants of the 
said town. And the said trustees shall annually in the 
months of March or April, hold a meeting to transact 
their business, and as much oftener as they may think 
proper. 

Sec 4. Be it further enacted ThsLt it shall be, and It 
is hereby made the duty of the said trustees and their suc- 
cessors to use, manage and improve all the ministerial to?mpro^v^^ 
lands of said town, except that now occupied by the Rev. lands. 
Richard Rosewell Elliot, in such way and manner as m 
their discretion and judgment will best obtain and secure 
the end of their incorporation : and also to manage and 
improve all such estate, real, personal, or mixed, as may 
hereafter come to them in their said corporate capacity, 
by gift, grant, devise, or otherwise, by operation of law, 
and which they are hereby made capable of receiving and 
holding in their said corporate capacity ; and they are also 
hereby authorized and empowered to lease, sell, or convey, 
in fee simple, or otherwise, all or any part of said ministe- 
rial land, or any other property which may hereafter come 
to them, in their said capacity, and for that purpose to 
make, execute, and acknowledge any good and sufficient 
deed or deeds thereof, which deed or deeds when signed 
by the President, and countersigned by the Treasurer, 
and sealed with their common seal, shall bind the said 
corporation and be valid in law, to convey such land or 
other property to the purchaser, according to the condi- 
tions and meaning of such instrument. 
Xxx 



542 MINISTERIAL LANDS. Feb, 18, 1812. 

^Sec. 5. Be it further enacted^ That the said trustees 
and their successors in office be, and they hereby are au- 
thorized and empowered, at the expense of said town of 
Trustees Water town, to establish and make any road, street, lane, 

empowered. •,. i piii 

and passage ways upon and over any part oi such land, as 
they now hold, or may hereafter hold, in their said corpo- 
rate capacity, and the same to alter or discontinue, as they 
may think proper : Provided^ they do not thereby infringe 
or impair the rights of any individual, who may hereafter 
become interested in the same lands, or of any other per- 
son whatever. 

Sec 6. Be it further enacted^ That all money coming 
Monies re- to thc said trustees, in their corporate capacity, shall be 
appropHa- loaned on interest, and secured by the bond or note of the 
ted. borrower with sufficient sureties, or by his bond or note, 

with mortgage on real estate, to double the amount of the 
sum loaned, or they may invest all, or any part of said 
money, in public funded securities, or bank stock, as they 
may judge best ; and whenever the annual interest or in- 
come of said ministerial fund, whether real or personal 
estate, shall amount to the sum of two hundred dollars, 
and upwards, the same shall be applied toward the sup- 
port of the minister of said town, in such manner as said 
town may direct ; and whenever the said interest or income 
shall amount to a sum more than sufficient to pay the sal- 
ary of the said minister, the surplus thereof shall be added 
to the principal of the said fund, unless otherwise appro- 
priated by said town ; and the said town shall never have 
power to alienate, alter, or diminish the principal of said 
fund, or to change the appropriation thereof from the 
support of the minister of the said town. 

Sec 7. Be it further enacted^ That the said Treas- 
urer, before entering upon his said office, shall give to the 
civ?bondV° ^^^^ trustees and their successors, his bond, with good 
and sufficient sureties, in such sum as the said trustees shall 
require, for the faithful discharge of the duties of his said 
office, and the said Treasurer shall be the receiver of all 
monies and effects due, owing, or coming to said trustees, 
and he shall have the care and custody of all the money, 
effects, and all obligations, securities, and evidences of 
property belonging to the said trustees, to be accountable 
therefor, and shall render a fair and regular account of all 
his doings, and of the property and effects in his hands. 



MECHANIC ASSOCIATION. Feb. 18, 1812. 543 

whenever the said trustees shall require it, and shall dis- 
pose of the same, as they shall order and direct, and shall 
deliver over to his successor in the same office, as soon as 
may be, all the books and papers, property, and evidences, 
of propert} , in his hands, in good order and condition. 

Sec 8. Be it further enacted^ That the said trustees Trustees 
and their successors shall be liable to the said town responsible. 
of Watertown, in their own private property and persons, 
for any negligence or misconduct in their said capacity as 
trustees. Provided however^ That no one of them shall be Provisis. 
so liable, who shall make it appear, that such negligence 
or misconduct did not in any way arise or happen through 
his own personal agency or omission, and the remedy of 
said town, shall be by an action of trespass on the case : 
and the said trustees and their successors shall in each 
and every year, in the months of March or April, at the 
annual meeting of said town, exhibit a fair statement of their 
proceedings and of the state of the funds under their man- 
agement : and the said trustees, or others, for anj^ services 
performed on the behalf of the said funds, shall not receive 
any compensation therefrom, but such allowance may be 
made to them, from time to time, as the said town may see 
cause, and order accordingly. 

Sec 9. Be it further enacted^ That any Justice of 
the Peace for the county of iVJiddlesex is hereby author- , .. . . 

J 1- ,• *i r • 1 • "^ ,- Justice to IS- 

ized, upon application theretor, to issue his warrant, di- sue variant. 
rected to one of the trustees before named, requiring 
him to notify and warn the first meeting of the said trus- 
tees, at such convenient time and place as shall be ex- 
pressed in said warrant, to organize the said corporation, 
by the appointment of its officers. 

[This act passed 18th February^ 1812.] 



CHAP. CXX. 

An Act to incorporate The Castine Mechanic Assov 

ciution. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That James Scot, and all those Persons in. 
who have associated or may hereafter associate with him, ^^o^'po^ate^' 



544 CASTINE M. ASSOCIATION, Feb. 18, 1812. 

be, and they are hereby incorporated and made a body 
politic, by the name of The Castine Mechanic Associa- 
tion, and by that name shall be known in law, and shall 
be capable of suing and being sued, and shall have power 
to have and keep a common seal, to make by-laws for the 
election of their members and officers, the collection of 
assessments, the regulation of their meetings, and the ap- 
propriations of their funds, for charitable uses, but shall 
not have power to make by-laws, or regulations, for any 
other purpose whatever. 

Sec 2. Be it further enacted^ That the said corpora- 
May hold ^^o^"^ shall have power, and shall be capable in law, to pur- 
estate, chase, have, hold, use, possess, retain, and enjoy in fee- 
simple or otherwise, any personal or real estate, within 
this Commonwealth, not exceeding the value of fifteen 
thousand dollars in real estate, and fifteen thousand dol- 
lars in personal estate, and the same to sell, alien, and dis- 
pose of at pleasure. 

Sec 3. Be it further enacted. That the annual income 
Appropria- of said corporation, shall only be employed for the purpose 
tion of annu- of relieving the distresses of unfortunate mechanics and 
al income, their families, to promote inventions and improvements 
in the mechanic arts, by granting premiums for said in- 
ventions and improvements, and to assist young mechanics 
with loans of money. 

Sec 4. Be it further enacted, That the said corpora- 
tion shall be, and continue for, and during the term often 
Limitation, years, unless the Legislature shall within that time see fit 
to dissolve the same. 

Sec 5. Be it further enacted. That James Scot be, 
and he is hereby authorized and empowered to call the 
first meeting of said corporation, by giving notice of the 
meeting'. *^"^^ ^'^^ place thereof, by posting up written notices, in 
Castine and Penobscot, thirty days at least before the 
time of such meeting. 

[This act passed 18th February^ 1812.] 



JOHN NUTING, &c. Feb, 18, 1812. 545 



CHAP. CXXI. 

An Act to annex John Nuting, and others, to the town of 

Amherst. 

Seg. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That the land belonging to the 
town of Hadley, with the inhabitants thereon contained, 
within the boundaries hereafter mentioned and described, 
to wit, beginning at the south-west corner of Amherst, fj^ed ^^^^^ 
thence running the course of the west line of said Am- 
herst, southerly until it intersects the north line of South 
Hadley ; thence easterly by the north line of said South 
Hadley and Granby to the line of Belchertown ; thence 
northerly by said Belchertown line to the south-east corner 
of said Amherst ; thence by the southerly line of said Am- 
herst to the first mentioned corner or bound, be, and 
hereby are set oif from the said town of Hadley, and an- 
nexed to the said town of Amherst, and shall forever 
hereafter be considered as belonging thereto. Provided „ ,• 
nevertheless., That the said John Nuting, and others, shall 
pay their proportionable part of all taxes, which are ' 

already assessed or levied on the said town of Hadley, in 
like manner as though this act had not passed. 

Sec 2. And be it further enacted.^ That in all State 
taxes^ which shall hereafter be granted until a new valu- 
ation shall be settled, one fortieth part of the taxes which 
would have been set to the said town of Hadley, accord- 
ing to the valuation adopted at the present session of the 
General Court, shall be taken therefrom, and set to the 
said town of Amherst. 

[This act passed 18th February^ 1812.] 



546 



BRIDGES. 



Feb, 18, 1812. 



CHAP. CXXII. 

An Act in addition to an act, entitled, " An act to incor- 
porate certain persons for the purpose of building a 
bridge over Connecticut river, between Sunderland and 
Deerfield, in the county of Hampshire." 



Bj 



^E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same^ That the Proprietors of the Sun- 
derland bridge be, and they hereby are authorized and 
empowered to purchase and hold in their corporate capa- 
city, such real estate, not exceeding in value two thousand 
dollars, as may be necessary to enable them to carry into 
effect the act to which this is in addition. 

[This act passed I8th February, 1812.] 



CHAP. CXXIII. 

An Act to authorize and empower Benjamin Goodhue 
and others, or any, or either of them his associates, to 
build a bridge over the North river, in the town of 
Danvers, or to widen and repair a Dam at Trask's mills, 
(so called) in the town of Danvers, and for other pur- 
poses. 



B 



'E 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, Benjamin Goodhue, and others his associates, or 
any, or either of them, be, and they hereby are authorized 
and empowered to build a bridge over the North river, in 
the town of Danvers, at, or near a place called Trask's 
mills, in the town of Danvers, or to widen and repair the 
mill-dam at Trask's mills, so called, in Danvers. Pro- 
vided, That the said Goodhue and others his associates, 
or any or either of them, who shall build the said bridge, 
or widen and repair said dam, shall do the same at their 
sole expense, and keep the s^me in repair, and open, and 



DEARBORN. Feb. 22, 1812 547 

free from all obstructions to the public. Provided also. Proviso. 
That they first obtain the consent of the owner or owners 
of said mills and dam, and do not infringe the rights of the 
owner or owners of said mill-dam, and that neither of the 
towns of Salem or Danvcrs shall ever be held to pay, or 
to be at any charge or expense in the building of the said 
bridge, or widening and repairing said dam, or keeping 
cither of them in repair. 

[This act passed 18th February^ 1812.] 



CHAP. CXXIV. 

An Act to establish the town of Dearborn in the county 
of Kennebeck. 



Town inqoj;- 



Sec. 1. JLJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That the plantation heretofore called porated. 
West Pond, in the county of Kennebeck, as contained in 
the following described boundaries, shall be, and hereby 
is established a town, by the name of Dearborn, viz. east- 
erly by the town of Waterville, southerly by the town of boundaries 
Belgrade, westerly by the town of Rome, and northerly by '^^^*^'"'^^ • 
the south line of the county of Somerset. And the inhab- 
itants of the said town of Dearborn are hereby vested with 
all the powers and privileges, and subject to the like duties 
and requisitions of other incorporated towns, according to 
the constitution and laws of this Commonwealth. 

Sec 2. And be it further enacted. That any Justice 
of the Peace for the county of Kennebeck is hereby , ,. , . 

• Justice to 19* 

authorized, upon application therefor, to issue a warrant, sue warrant. 
directed to a freeholder and inhabitant of the said town of 
Dearborn, requiring him to notify and warn the freehold- 
ers thereof, to meet at such convenient time and place as 
shall be appointed in the said warrant, for the choice of 
such officers as towns are by law required to choose at their 
annual town meetings. 

[This act passed 22d February, 1812.] 



548 KINGVILLE, Peb. 22, 1812. 



CHAP. CXXV. 

An act to establish the town of Kingville, in the county 
of Kennebeck. 

Sec. 1. XjE it enacted by the Se?tate and House of 
Bepresentatives in General Court assembled, and by the 
authority of the same, That the township numbered four 
in ihe first range of townships, north of the Waldo Patent, 
and in the county of Kennebeck, contained within the 
poi^"ed"*^°^' following described boundaries, with the inhabitants there- 
on, shall be, and hereby is established a town, by the name 
of Kingville, viz. easterly by the town of Dixmont, south- 
erly by the north line of of the Waldo Patent to the town 
Boundaries of Unity, Westerly by the said town of Unity, and north- 
described, erly by the township numbered five in the second range. 
And the inhabitants of the said town of Kingville are 
hereby vested with all the powers and privileges and sub- 
ject to the like duties and requisitions of other towns, 
according to the constitution and laws of this Common- 
wealth. And the whole of the said town of Kingville be^ 
and hereby is annexed to the county of Kennebeck. 

Sec 2. And be it further enacted, That any Justice of the 
Peace for the county of Kennebeck is hereby authorized, 
Justice to is- ypQji application therefor, to issue a warrant directed to 
^*" ■ a freeholder and inhabitant of the said town of Kingville, 
requiring him to notify and warn the inhabitants thereof, 
to meet at such convenient time and place as shall be 
appointed in the said warrant, for the choice of such officers 
as towns are by law required to choose at their annual 
town meetings. 

[This act passed 22d February ^ 1812.] 



SALISBURY UNI. SOCIETY. Feb. 22, 1812. 549 



CHAP. CXXVI. 

An Act to establish The First Universal Society in 
Salisbury. 

Sec. 1. XiE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Jonathan Morrill, Jonathan persons in- 
Morrill jun. Jacob Morrill, Henry Morrill jun. Ephraim corporated. 
Brown, Aaron Osgood, Peter Osgood, John Osgood jun. 
Richard Osgood, Philip Colby, Eliphalet Wadleigh, 
Ephraim B. Wadleigh, Enoch Wadleigh, Enoch Currier, 
Ezekiel Currier, David Currier jun. Ebenezer Jackson, 
Joseph Jewell, Benjamin Joy, Moses Carter, John P. 
Sweatt, German Senter, John Sanborn, Thomas Sanborn, 
Jonathan King, Isaac Knap jun. John Blasdell, Lowell 
Bagley, Stephen H. Bagley, Jacob Gale, Jonathan French, 
Edmund Barnard, Timothy Collins, Winthrop Collins, 
Daniel Curtis, William Davis, William Dennett, Isaac 
Chandler, Sargent Moody, John Hoyt, Thomas Hoy t jun, 
Edmund Sargent, WilHam Nichols, Moses Nichols jun. 
Joseph Tuxbury, Samuel Hoyt, Bagley Carter, Nathaniel 
Wyer, Ebenezer Whitmore, John Bayley jun. Benjamin 
F. Russell, Enoch Smith, Joseph Hoyt jun. and John 
Butler, with their families and estates, be, and they hereby 
are incorporated as a distinct religious society, by the 
name of The First Universal Society in Salisbury, for 
religious purposes only, and as such shall have all the 
powers and privileges of other religious societies, accord- 
ing to the constitution and laws of this Commonwealth. 

Sec 2. Be it further enacted, That any person who ■ 

may desire to join in religious worship, and to become a 
member of the said Universal Society, shall have liberty 
so to do, by 8:ivinsr notice of such desire and intention in . . ,, , „ 

..'•', •^ , o . Method of 

writing to the clerk or the society where such person has becoming ? 
formerly attended on public worship, and also a copy of member. 
the said notice in writing to the clerk of the said Universal 
Society, fifteen days previous to the annual meeting, and 
such person, from the date aforesaid, with his or her polls 
and estate, shall be considered a n;ember of the said Uni- 
versal society. 

Yyy 



550 



BREWER. 



Feb, 22, 1812. 



Manner of 
leaving. 

Proviso. 



Sec. 3. Be it further enacted^ That when any member 
of the said Universal society shall see cause to leave the 
same, and to unite with any other religious society, the 
like notice and process shall be made and given, mutatis 
mutandis, as is prescribed in the second section of this 
act. Provided always^ That in every case of secession 
from one society and joining to another,the person so seced- 
ing shall be holden, in law, to pay his or her proportion; of 
all parochial expenses assessed and not paid prior to leav- 
ing the said society. 

Sec 4. Be it further enacted. That any Justice of the 
Peace for the county of Essex is hereby authorized to 
Justice to is- igyne a warrant directed to a member of the said Uni- 
versal Society, requiring him to notify and warn the first 
meeting of the said society, to meet at such convenient 
time and place as shall be expressed in the said warrant, 
for the choice of such officers as religious societies are 
accustomed to choose and appoint at their annual meet- 
ings. 

[This act passed 22d February, 1812.] 



Town Incor- 
porftted. 



Boundaries 
described. 



CHAP. CXXVII. 

An Act to establish a Town by the name of Brewer. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the town of Orrington, in the 
county of Hancock, laying on the east side of Penobscot 
river, be divided, and that the northerly part thereof, 
(commonly known by the name of Knapp's square,) with 
the inhabitants thereon, be incorporated into a town by the 
name of Brewer, by the following bounds, viz. beginning 
at Nichols' rock (so called} on the easterly bank of Penob- 
scot river, being the corner bounds between said Orring- 
ton and Eddington ; thence south forty-eight degrees east 
to the easterly corner of said Orrington; thence south 
forty-two degrees west on the back line of said town six 
miles, or to the south-easterly corner of lot number eigh- 
teen in the third division of lands in said town ; thence 
north forty-eight degrees west to the head of the front 



TURNPIKE CORPORATION. Feb, 22, 1812. 551 

lots ; thence by the head of the front lots to the north line 
of the widow Priscilla Brastow's lot ; thence by the north 
line of said lot to the river ; thence as the said river runs 
to the first mentioned bound, excepting three acres of land 
deeded by government to Jonathan Eddy Esq. And that 
the said town is hereby vested with the powers, privileges, 
and immunities which other towns do or may enjoy by the 
constitution and laws of this Commonwealth. 

Sec. 2. And he it further enacted^ That any Justice 
of the Peace for the county of Hancock be, and he is hereby justice to is- 
authorized to issue his warrant directed to a freeholder and ^"^ warrant, 
inhabitant of said town of Brewer, to notify the inhab- 
itants of said town to meet at such convenient time and 
place as shall be appointed in said warrant, to choose such 
officers as towns are by law required to choose at their 
annual town meetings. 

[This act passed 22d February^ 1812.] 



CHAP. CXXVHI. 

An Act in addition to an act, entitled, " An act to estab- 
lish a Corporation by the name of The Granville Turn- 
pike Corporation," passed the twentieth of June, one 
thousand eight hundred and nine. 

Sec. 1. X)E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the said Granville Turnpike 
Corporation may, and they hereby are authorized to make Corporation 
said road eighteen feet in width, instead of twenty-four feet, ^"^^^onzed. 
as by the said act they were required, any law, usage, or 
custom to the contrary notwithstanding. 

Sec. 2. Be it further enacted. That the Committee 
that shall be appointed to accept said road, shall also be authorized. 
authorized to appoint the place for erecting the gate. 
[This act passed 22d February y 1812.] 



552 WEST CAMBRIDGE FISHERY. Feb. 22, 1812. 



CHAP. CXXIX. 

An Act to regulate the fishery in the town of West Cam- 
bridge, and to empower said town to dispose of the 
privilege of taking the fish called shad and ale wives 

within the limits thereof. 

\ 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same^ That the said town of West Cam- 

Si°o^se* com- bridge shall at their annual meeting in March or April 

inittee. choose a committee not exceeding seven, nor less than 
three, freeholders of said town, who shall be sworn to the 
faithful discharge of the duty enjoined upon them by this 
act, and also the act to prevent the destruction of shad and 
ale wives in Mystic river (so called) within the towns of 
Cambridge, Charlestown, and Medford. And it shall be, 
and it hereby is made the duty of the said Committee to 

their duty, cause the natural course of the rivers and streams to be 
kept open and without obstruction during the whole sea- 
son the said fish pass up or down said rivers or streams, 
and to remove any such obstructions as may be found 
therein. And the said committee, or any two of them, 
paying or tendering a reasonable sum, if demanded, shall 
have authority in discharging the duties enjoined upon 
them by this act, to go on the lands of any person boimd- 
ing on said rivers or streams without being considered 
trespassers ; and any person who shall molest or hinder 
said committee, or either of them, in the execution of their 

Penalty. <Juty, he or they so offending shall forfeit, for every such 
offence, a sum not exceeding ten dollars, nor less than two 
dollars, at the discretion of the Justice before whom the 
same shall be tried; and it shall be the duty of the said Com- 
mittee to prosecute all breaches of this act, and for either 
of them to seize and detain in custody any net or seine 
found in the rivers or streams contrary to the true intent 
and meaning of this act, until the persons so offending 
make satisfaction for his offence, or is legally acquitted 
therefrom; and also to seize to the use of the town all such 
fish as they may suspect have been taken contrary to the 
provisions of this act, unless the person in possession can 



WEST CAMBRIDGE FISHERY. Feb. 22, 1812, 5S3 

give satisfactory evidence to the committee that such fish 
were lawfully taken. 

Sec. 2. Be it further enacted^ That it shall and may be 
lawful for the town of West Cambridge, annually, at any 
legal meeting of the inhabitants of said town, to sell or Town may 
otherwise dispose of the privilege of taking the fish called i-ivUete^of 
shad and alewives in any of the ponds, rivers, or streams taking fish. 
issuing therefrom, within the limits of said town, so far as 
said town bounds on both sides of said rivers and streams, 
at such times only as is already provided by law to prevent 
the destruction of shad and alewives in Mystic river (so 
called) and the emoluments arising from the said privilege 
shall be appropriated, by the said town, to such purposes 
as the inhabitants thereof may in town meeting from time 
to time determine. 

Sec 3. Be it further enacted^ That if the purchaser or 
purchasers, manager or managers, or those employed by 
^ them, shall presume to take any of said fish at any other place 
than the said town shall appoint, and if any other person or 
persons whatever, except the purchaser or purchasers, man- penalty for 
ager or managers, of said privilege, or those employed by taking fish 
them, do presume to take any of the said fish in the said f°^"'^'''^''-^ *^° 
ponds, rivers, or streams within the town of West Cam- ^ 
bridge, otherwise than may be allowed by said town, he 
or they, so offending, shall for each offence forfeit and pay 
a sum not exceeding thirteen dollars, nor less than two 
dollars, at the discretion of the Justice before whom the 
same shall be tried. 

Sec 4. Arid be it further enacted^ That the penalties 
incurred by any breach of this act shall be recovered by 
an action on the case, before any Justice of the Peace fop breach of 
within said county of Middlesex, allowing an appeal to the law, how re- 
Circuit Court of Common Pleas of said county ; and all ^'^^^^■«^^- 
sums of money recovered as forfeited by this act, shall be 
for the support of the poor of said town ; and no person 
by reason of his being one of the fish committee, aforesaid 
or an inhabitant of the said town, shall be thereby disqual- 
ified from being a witness in any prosecution for a breach 
of this act. 

[This act passed 22d February^ 1812.] 



554 



FAIRHAVEN. 



Feb. 22, 1812. 



CHAP. CXXX. 

An Act to establish the Town of Fairhaven. 



Town incor. 
poi-ated. 



Boundaries 
described. 



Holden to 
pay propor- 
tion of taxes 



To support 
poor. 



Warrant to 
be issued. 



Sec. 1. XjE it enacted by the Senate and House of 
Representatives iti General Court assembled^ and by the 
authority of the same^ That the easterly part of New 
Bedford, in the county of Bristol, as decribed within the 
following bounds, with the inhabitants thereon, be, and 
they are hereby incorporated into a separate town, by the 
name of Fairhaven, viz. beginning at the mouth of Acuch- 
not river; thence northerly by said river until it comes to 
the north side of a bridge at the head of said river ; thence 
westerly by the north side of the highway to Swift's cor- 
ner (so called) ; thence northerly by the easterly side of the 
highway which leads to Rounswell's furnace until it comes 
to Freetown line ; thence easterly by the line of said Free- 
town till it comes to Peaked Rock (so called) in the north- 
east corner of the town of New Bedford ; thence south- 
erly by Rochester line till it comes to Buzzard's Bay; 
thence by said Bay to the first mentioned bound. And 
the said town of Fairhaven is hereby vested with all the 
powers, privileges, rights, and immunities, and subject to 
all the duties and requisitions to which other towns are 
entitled and subjected by the constitution and laws of this 
Commonwealth. 

Sec. 2. Be it further enacted. That of all state and 
county taxes which shall be levied and required of said 
towns, previous to a new valuation, the said town of Fair- 
haven shall pay three tenth parts thereof. 

Sec 3. Be it further enacted. That all the expenses 
arising for the support of the poor of said town of New- 
Bedford, with which it is now chargeable, together with 
such poor as have removed out of said town prior to this act 
of incorporation, but who may hereafter be lawfully re- 
turned to said town for support, shall be divided between 
the two towns in proportion to the taxes which they are 
liable to pay respectively, according to this act. 

Sec 4. Be it further enacted^ That John Hawes Esq. 
be, and he is hereby authorized to issue his warrant, di- 
rected to some suitable inhabitant of Fairhaven, requiring 



SOUTH READING. Feb. 25, 1812. 555 

him to notify and warn the inhabitants thereof, qualified to 
vote for town officers, to meet at such convenient time and 
place as shall be expressed in his said warrant, to choose 
all such officers as towns are by law authorized to choose 
in the months of March or April annually. And that the 
said John Hawes Esq. be, and he hereby is authorized and 
empowered to preside at said meeting during the election 
of a moderator, and to exercise all the powers, and do all 
the duties which town clerks by law have and do per- 
form in the elections of moderators of town meetings. 
[This act passed 22d February y 1812.] 



CHAP. CXXXI. 

An Act to establish the Town of South Reading. 

Sec 1. X3E it enacted by the Senate and House of 
Jlepresentatives i?i General Court assembled, and by the 
authority of the same, That all that tract or parcel of land 
with the inhabitants thereon, which is within the bounds 
of, and known by the name of the first or south parish in 
Reading, in the county of Middlesex, as the same has 
heretofore been bounded and described, be, and the same Town incor- 
is hereby incorporated and established as a town, by the porated. 
name of South Reading, and the said town is hereby vested 
with all the powers and privileges, and also subject to 
all the duties and requisitions of other towns, according 
to the constitution and laws of this Commonwealth. 

Sec 2. Be it further enacted, That the inhabitants of 
said town of South Reading shall be holden to pay all Hoiden to 
State, town and county taxes, which have been assessed ^*^ 
upon them, prior to the passing of this act, and they shall 
also be holden to contribute and pay to the town of Reading, 
their just proportion of all debts, now actually due and 
owing by that town, and the said town of South Reading 
shall also be holden to support as nearly as may be its 
due proportion of all paupers who are now supported by 
said town of Reading, whether the same be in whole or 
part so supported, and after the organization of South 
Reading, such proportion of paupers shall be delivered to 
the overseers of that town to be supported, and maintained 



556 JUDGE OF PROBATE. Feb. 25, 1815^* 

by them accordingly. And in case any person not resi- 
dent in Reading, but having a legal settlement therein, 
shall hereafter be returned to that town for support, in 
case such person derives his settlement from any person 
who has lieretofore resided in that territory ,now established 
as South Reading, then and in such case^ such poor per- 
son shall be returned to, and,be liable to be maintained by 
South Reading, provided that such town shall in no case 
be chargeable with the support of any paupers who would 
not have been chargeable to said town of Reading. 

Sec. 3. Be it further enacted, That any Justice of the 
J sti to is -P^^^^ for the county of Middlesex is hereby authorized, 
sue warrant, upon application therefor, to issue a warrant directed to a 
freeholder and inhabitant of said town of South Reading, 
requiring him to notify and warn the inhabitants thereof, 
to meet at such convenient time and place, as shall be ap- 
pointed in the warrant, to choose such officers as towns 
are by law empowered and required to choose at their an- 
nual town meeting. Provided, that the said town of South 
Reading shall be holden, until the further order of the Leg- 
islature, to pay to the town of Reading, such proportion, if 
any, of the expenses of maintaining the bridges and cause- 
ways over Ipswich river, within said town, as a commit- 
tee' of the Court of Sessions for said county shall deter- 
mine, and said Court of Sessions are hereby authorized, 
on the application of either of the inhabitants of Reading 
or South Reading, from time to time, to appoint a com- 
mittee for the above purpose, whose report, made to and 
accepted by said court, shall be binding on the said 
towns. 

[This act passed 25th February, 1812.] 



CHAP. CXXXII. 

An Act regulating the annual allowance to the Judge of 
Probate for the county of Hancock, for his services in 
said office. 

Whereas the fees of the Judge of Pro- 
bate for the county of Hancock, as by law established, 
Pj^ambie. p^Qve to be an inadequate compensation in that office. 



Proviso. 



PHILLIPS. Feb, 25, 1812. 557 

BE it enacted by the Senate and House of Representa- 
tives in General Court assembled^ and by the authority of 
the same^ 7^hat the Treasurer of the county of Hancock Treasurer 
be, and he is hereby authorized and directed to pay the *"'-'i°"zed. 
said Judge of Probate for the time being, such sum, as, 
together with the said fees, shall be equal to two hundred 
and fifty dollars annually. Provided^ that the said Judge 
shall keep an account of all the fees by him taken in said 
office, and shall present such account, attested by the Reg- 
ister of Probate, to the Treasurer of said county, at the end 
of each year. 

[This act passed 25th February^ 1812,] 



CHAP. CXXXIIL 

An Act to establish the Town of Phillips, in the county 

of Somerset. 

Sec 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the township number three 
on the Sandy river, commonly called Curvo, in the county Jo*rporated. 
of Somerset, as described within the following boundaries, 
with the inhabitants thereon, be, and hereby are incorpo- 
rated into a town, by the name of Phillips, viz. beginning 
at a hemlock tree, standing in the west line of the Boundaries 
township granted to the sufferers of Portland, and at the ^^^<^- 
northeasterly corner of township number two ; thence run- 
ning south seventy-five degrees west, six miles two hun- 
dred and thirty-four rods, to a beach tree ; thence running 
north ten degrees west, four miles one hundred and 
ninety-four rods, to a hemlock tree ; thence running north 
seventy degrees east, by Commonwealth's land, six miles 
and one hundred and ninety rods, to a hemlock tree 
standing in the south line of the million acres, sold to 
William Bingham Esq. ; thence running east on the line 
last mentioned, three hundred and sixty-five rods, to a 
maple tree ; thence running south by the township granted 
to the sufferers of Portland, five miles and a quarter, to the 
bounds first mentioned. And the said town of Phillips 
Z z z 



558 JOHN HARRIS. Feb. 25, 1812. 

is hereby vested with all the powers and privileges, and 
shall also be subject to all the duties and requisitions, to 
which other towns are entitled or subjected to, by the 
constitution and laws of this Commonwealth. 

Sec. 2. And he it further enacted^ That any Justice of 
Justice to is- the Peace, for the county of Somerset is, hereby authori- 
sue warrant. 2ed to issue a warrant, directed to some inhabitant of the 
said town of Phillips, requiring him to notify and warn 
the inhabitanits thereof to meet at such convenient time 
and place as shall be appointed in said warrant, for the 
choice of such officers as to^vns are by law required to 
choose at their annual town meetings. 

[This act passed 25th February, 1812.] 



CHAP. CXXXIV. 

An Act to annex John Harris to the Third Parish in Rox- 

bury. 

XJe it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That John Harris of Brookline, 

Land set ofF. ^^d one acre of land with the buildings thereon, for paro« 
chial purposes only, be, and hereby are set off from the 
town of Brookline, and annexed to the third parish in 
Roxbury, there to do the duties, and enjoy the privileges 

rroviso. of a parishioner. Provided, the said John Harris shall be 
holden to pay all arrears of assessments, and all other par- 
ish charges, due and unpaid at the passing of this act. 
[This act passed 25th February, 1812.} 



BATH. Feb, 25, 1812. 559 



CHAP. CXXXV. 

An Act to empower the inhabitants of the First Parish in 
Bath to raise money for parochial purposes, by taxing 
the pews in their meeting-house. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembiedy and by the 
authority of the same. That the inhabitants of the first 
parish in the town of Bath, in the county of Lincoln, be, Tnhabltants 
and they hereby are empowered to raise the whole, or any ^"^P"^^^''^ 
part of any sum of money which the said inhabitants may 
hereafter vote to raise for the purpose of repairing and fin- 
ishing their meeting-house, paying their minister's salary, 
and paying the debts and incidental charges of said parish, 
by a tax on the pews which now are, or which may here- 
after be erected in the new meeting-house, belonging to 
said parish, and that the said inhabitants, at their meet- 
ing in March or April annually, shall determine whether 
they will raise the whole amount voted by them by such 
a tax, and if not the whole, what proportion they will so 
raise, and if they shall determine to raise a part only by 
such tax, then the remainder shall be raised by an assess- 
ment on the polls and estates of said parish as heretofore. 

Sec 2. And be it further enacted^ That for the equit- 
able apportionment of the taxes tobeassessed on said pews, 
the inhabitants of said parish shall cause a valuation 
thereof, to be made by a committee, to be chosen by them Committee 
for that purpose, and the report of that committee, stating uation. 
the number and value of said pews, shall, when accepted, 
be binding on all persons interested for the purposes of 
taxation as aforesaid, until a new valuation shall in like 
manner be made and accepted. And the sums voted to 
be raised on said pews, from time to time, shall be assessed 
and apportioned thereon by the assessors, for the time 
being, according to such valuation. 

Sec 3. And be it further enacted^ That the assessors of 
said parish shall make out a fair list of the taxes assessed Duty of as^ 
on pews according to this act, and commit the said list to sessora. 
the treasurer of the parish, to receive and collect the said 
taxes ; and it shall be the duty of the Treasurer of said 



560 BATH. ^ Feb, 26, 1812. 



parish, as soon after receiving the said list of taxes on 
pews as may be, to give notice thereof, by posting a copy 
of said list at the meeting-house door, stating the number 
of each pew, and the amount of tax set against it, with a 
notification written thereon, for all persons interested in 
said pews to pay the tax upon the same within thirty days 
from the date of said notification, and if the tax on any pew 
Tin^uents^' ^^^^ ^^^ ^^ P^^^ ^° ^^^^ Treasurer, according to his notifi- 
m^y be sold, cation as aforesaid, it shall be the duty of the Treasurer, 
and he is hereby empowered, to sell the pew upon which 
such tax, or any part thereof, shall remain unpaid, at public 
auction, to the highest bidder, and his certificate or bill of 
sale to the purchaser, recorded in the records of said parish, 
shall give to the purchaser a perfect right and title to said 
pew, and he shall afterwards be considered the legal owner 
Pxoviso. thereof. Provided however, That the Treasurer .shall, 
after the expiration of said thirty days, give at least ten 
days notice of the time and place of such vendue, by post- 
ing up one advertisement, stating the number of the pew 
to be sold, and the amount of tax due upon it, with the time 
and place of sale,at said meeting house, and one other simi- 
lar advertisement at the post office in said town. 

Sec. 4. And be it further enacted. That the assessors 
Treasurer's of said parish, for the time being, may order the treasurer 
duty and to reccivc and collect the taxes aforesaid by instalments, of 
P°*"* which It shall be the duty of the treasurer to give notice ; but 
incase any owner or occupant shall neglect to pay an instal- 
ment, so that it become necessary to sell the pew, the 
treasurer shall retain from the proceeds of the sale the 
whole amount of tax assessed and ^ue upon such pew. 
And in case an adjournment of the sale shall appear neces- 
sary to the treasurer, he may adjourn his sales for a time, 
not exceeding four days at a time, till they be completed ; 
and in all cases he shall pay over to the owners of pews, on 
demand, the balance in his hands arising from such sales, 
after deducting the taxes due, and his reasonable charges 
for advertising and selling the same. 

[This act passed 25th February, 1812.] 



STANDISH. Feb. 25, 1812. 561 



CHAP. CXXXVI. 

An Act authorizing the sale of a part of the Ministerial 
Lands in the first parish in the town of Standish. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
auothority of the same^ That Deacon Jonathan Philbrick, Trustees ap- 
Mr. Bryan Martin, Edword Thompson, Daniel Crane jun. pointed. 
and John Sanborn, be, and they hereby are appointed trus- 
tees, to sell and dispose of all the Ministerial Lands be- 
longing to said parish, except the thirty acre lot, whereon 
the meeting-house stands, and to put out at interest the 
monies arising from such sale, in manner hereinafter 
mentioned. 

Sec. 2. Be it further enacted, That the said trustees 
be, and they are hereby incorporated into a body politic, incorpora- 
by the name of The Trustees of the Ministerial Fund in ^'^^^ 
the first parish in the town of Standish, in the county of 
Cumberland ; and they and their successors shall be, and 
continue a body politic and corporate by that name for- 
ever, and they shall have a common seal, subject to be al- 
tered at their pleasure, and they may sue, and be sued in 
all actions, real, personal, and mixed, and prosecute and 
defend the same to final judgment and execution, by the 
name aforesaid. And said trustees shall, and may annu- 
ally elect a President, and Clerk to record the doings and 
transactions of the trustees at their meetings, and a Treas- 
urer to receive and apply the monies hereafter mentioned, 
as hereinafter directed. 

Sec 3. Be it further enacted. That the [number of 
trustees shall not at any one time be more than five, nor 
less than three, any three of their number to constitute a 
quorum for transacting business, and they shall, and may 
from time to time fill up vacancies in their number which 
may happen by death, resignation, or otherwise, from the 
members of said first parish, and shall also have power to 
remove any of the number who may become unfit and 
incapable, from age, infirmity, misconduct, or any other 
cause, of discharging their duty, and to supply a vacancy Jup"piy7a.*" 
SD made, by a new choice from the parish aforesaid ; and cancres. 



562 



STANDISH. 



Feb. 25, 1812. 



Trustees 
empowered, 



Monies re- 
ceived and 
appropria- 
ted. 



Support of 
minister. 



Trustees 
responsible. 



the said trustees sliall Annually hold a meeting in the 
month of March or April, and as much oftener as may 
be found necessary to transact their necessary business, 
which meetings after the first, shall be called in such way 
and manner as the trustees shall hereafter direct. 

Sec. 4. Be it further enactedy That said trustees be, 
and they hereby are authorized to sell and convey, in fee 
simple, all the ministerial lands belonging to said parish, 
(excepting the thirty acre lot, whereon the meeting house 
stands) ; and to make, execute and acknowledge, a good 
and sufficient deed or deeds thereof, which deed or deeds 
subscribed by the name of their Treasurer, by direction of 
said trustees, with th^r seal thereto affixed, shall be good 
and effectual in law to pass and convey the fee simple 
from said parish to the purchasers, to all intents and pur- 
poses whatever. 

Sec 5. Be it further enacted^ That the monies arising 
from the sale of said lands, shall be put at interest, as soon 
as may be, and secured by mortgage of real estate, to the 
full value of the estate sold, or by two or more sufficient 
sureties, with the principal, unless the trustees shall think 
it best to invest the same in bank stock of this Common- 
wealth, which they may do. 

Sec 6. Be it further enacted. That the interest arising 
from the sale of said ministerial lands shall be annually 
applied towards the support of the minister,now settled in said 
parish, or which may hereafter be settled there, and so long 
as said parish shall remain without a settled minister, the 
interest aforesaid shall be put out at interest, and secured as 
aforesaid,to increase said fund,until there be a re-settlement 
of a minister; and it shall never be in the power of said 
parish to alienate or any wise alter the fund aforesaid. 

Sec 7. Be it further enacted. That the clerk of said 
trustees shall be sworn previous to his entering on the 
duties of his office, and the treasurer of the trustees shall 
give bond to the said first parish, faithfully to perform his 
duty, to be at all times responsible for the faithful applica- 
tion and appropriation of the money which may come 
into his hands, conformably to the true intent and mean- 
ing of this act, and for all negligence or misconduct of any 
kind in his office. 

Sec 8. Be it further enacted. That the trustees, for 
Hit services they may perform, shall be entitled to no com- 



HAMPDEN. Feb. 25, 1812. 563 

pensation out of any money arising from the fund afore- 
said; but if entitled to any, shall have and receive the same 
of the parish, as shall be mutually agreed on. And said 
trustees and their successors shall exhibit to the parish at Trustees 
their annual meeting in March or April, a regular and fair directed to 
statement of their doings ; and said trustees and each of count's aniiu- 
them, shall be responsible to the parish for their personal ^ib- 
negligence or misconduct, whether they be officers or not, 
and liable to a suit for any loss or damage arising thereby, 
the debt or damage recovered in such suit, to be for the use 
aforesaid. 

Sec 9. Be it further enacted^ That Edward Thompson 
be, and he hereby is authorized to fix the time and place 
for holding the first meeting of the trustees, and to notify 
each trustee thereof. 

[This act passed 25th February^ 1812.] 



CHAP. CXXXVII. 

An Act for dividing the county of Hampshire, and erecting 
and forming the southerly part thereof into a separate 
county, by the name of Hampden. 

Sec 1. JDE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the county of Hampshire be, 
and hereby is divided ; and the following towns, in the County 
southerly part thereof be, and hereby are erected and"^*^^^^' 
formed into a county by the name of Hampden, that is to 
say, Springfield, Longmeadow, Wilbraham, Monson, 
Holland, Brimfield, South Brimfield, Palmer, Ludlow, 
West Springfield, Westfield, Montgomery, Russell, Blan- eluded.' 
ford, Granville, Southwick, Tolland, and Chester, of which 
Springfield shall be the shire town ; and that all that part of 
said county of Hampshire, included within the boundaries of 
the towns before mentioned, shall be deemed and taken to 
compose the said county of Hampden. And the inhabit- 
ants of the said county of Hampden shall have, use, ex- 
ercise and enjoy all such powers, rights, privileges, and 
immunities, as by the constitution and laws of this Com- 



664, HAMPDEN. Peb.25,l8i^, 

monvvealth, other counties within the same have, use, ex^ 
crcise and enjoy. 

Sec. 2. jind be it further enacted^ That the said county 
of Hampden shall belong to, and be comprehended within 
the Western Circuit of the Circuit Court of Common 
Court of Pleas, and that there shall be held and kept within and for 
Common said couuty of Hampden, a Circuit Court of Common 
itehed.^^*^* Pleas, to sit at Springfield aforesaid, at such limes, in each 
year, as shall be established by law ; and the Justices which 
compose the Circuit Court of Common Pleas for the 
Western Circuit, shall have, hold, exercise, and enjoy, 
within said county of Hampden, all the powers which are 
given to, and are lawfully exercised by them in other 
counties within said Western Circuit ; and all appeals from 
any judgment, order, or decree of said Circuit Court within 
said county of Hampden, shall be heard and tried at the 
Supreme Judicial Courts hereafter to be holden, as by law 
shall be provided, within and for said county of Hampden. 
Sec. 3. And be it further efiactedy That all causes 
which may be peflding by appeal, writ of error, certiorari, 
or otherwise, in the Supreme Judicial Court within said 
county of Hampden, and which are by law required to be 
heard, tried, and decided upon, by three or more of the 
Justices of the Supreme Judicial Court, shall and may be 
of Supreme ^'^^^^j tried, and decided on by such Supreme Judicial 
Judicial Court, which is now by law to be holden annually in the 
Court. g^jfj county of Hampshire; and that writs of error, certiorari, 

and other suits, writs or processes, which by law are to 
be heard and determined by three or more of the Justices 
of said Supreme Judicial Court, and which are brought 
and sued out, on any suits or proceedings in any of the 
courts of the said county of Hampden, or on any matters 
originating within the same county, may be brought and 
made immediately returnable to such Supreme Judicial 
Court, next to be holden at said Northampton, and by 
three or more of the Justices thereof, heard and deter-- 
mined ; and all appeals from any order, decree, or doings 
of the Judge of Probate for the said county of Hampden, shall 
be made to the Supreme Judicial Court next to be holden 
at said Northampton by three or more Justices of said 
court. And the Clerk of the Supreme Judicial Court, in 
the said county of Hampden, shall attend all such Supreme 
Judicial Courts to be holdfcn at said Northampton, at 



Hampden, Feb. 25, 1812. 565 

which three or more of the Justices thereof are required 
to attend, with all the papers in his office filed in, and 
relating to any causes pending in the Supreme Judicial 
Court in the county of Hampden, and in which any bills 
of exceptions are filed, or any motions for new trials made, 
or in which any question is rei>erved for the opinion of 
such Supreme Judicial Court ; and the said clerk, on the 
first day of the sitting of such court, and at the opening 
thereof, shall exhibit to, and furnish the Justices thereof 
with a list of all such causes, and shall make and keep a 
record of the doings of the same court, relative to all such 
causes; and the Justices of the same court mav, and hereby . .. 

, 11*' 1 Justices 

are authorized to make such orders and deci'ees, and ren- authorized 
der such judgments on all such actions, and on all appeals 
from said Judge of Probate, as they might, had the same 
originated within the said county of Hampshire; and that 
such Supreme Judicial Court so to be holdcn at said 
Northampton, as aforesaid, for all such actions, appeals 
and other matters, may be holden there, as well for the 
said county of Hampden as for the said county of Hamp- 
shire. 

Sec 4. Jnd be it further enacted. That the Register of 
Deeds in the Southern District for the registering of deeds 
in the county of Hampshire, and by this act included in said may'ho?"! his 
county of Hampden, shall continue to hold his said office oilice. 
during the term for which he was chosen ; and after this 
act shall take effect, shall be Register, for the registering 
of all deeds and conveyances of lands, and of executions 
levied on lands, and all other instruments required by law 
to be registered for the said county of Hampden, during 
the term for which he was chosen for said Southern Dis- 
trict, and shall thenceforward be holden to pay over to the 
Treasurer of the said county of Hampden, the duties by 
law payable on the registering of deeds and other convey- 
ances in the said registry ; and sliall, as soon as may be after 
a Treasurer of said county of Hampden shall be appointed 
or chosen, make and execute a bond to such Treasurer, 
according to the law in that behalf niade. 

Sec 5. And be it further enacted^ That all officers within officers an- 
the said county of Hampden, having authority to commit thorized 
prisoners to jail, shall be authorized, for the term of five p^isoncvsf 
years, to commit their prisoners to the jail in the county of 
Hampshire; and all writs of execution, warrants, mittimus- 
A a a a 



56(j HAMPDEN. FeO. 25, 1812. 

ses, and precepts of every kind, issued by lawful authority 
in said county of Hampden, or against any person in the 
same, and directed to any officer within said county of 
Hcimpden, and in which the place of commitment is re- 
quired to be, or is usually mentioned, shall be made con- 
formable to the authorit) hereby given to the officer's 
aioresaid, during the said term, unless before the expira- 
tion of said term of live years a jail shall have been erected 
within said county of Hampden, and by the proper court 
declared to be in a state fit for the reception and confine- 
ment of prisoners ; and the keeper of said jail, at said 
Duties of Northampton, be required, at the opening of each Supreme 
j^i ceiJtr. ju(^iQia} (;^ourt, and of each Circuit Court of Common Pleas 
in said county of Hampden, to lay before the same a list of all 
prisoners then in his custody, and committed to the said jail 
pursuant to the authority herein given; and that the keeper 
of said jail be required to keep and detain all such prison- 
ers until delivered therefrom by order or due course of law; 
and that the courts aforesaid, so to be holden in said county 
sbeiifF of Hampden, be, and hereby eire authorized to direct the 
auUiouzeci. gj^^j-jflf ^f ^^ij couuty of Hampdcu, or his deputy, to take 
from said jail any prisoner committed as aforesaid to said 
jail, for any crime committed within said county of Hamp- 
den, and him detain, keep and have before such courts, 
that such prisoner may be dealt with according to law, or 
may order such prisoner to be discharged, where no cause 
of detaining him in jail exists; and that said courts, and 
any Justice of the Peace for said county of Hampden, 
when imprisonment may be a part of any sentence passed 
on any person convicted of any crime, may order such per- 
son to be imprisoned in the jail aforesaid, or that he there 
be detained until he pay any fine and cost imposed on him 
by any of said courts ; and that said jail be, to all intents 
and purposes, for the term aforesaid, a jail, as well for said 
county of Hampden as for said county of Hampshire ; and 
^ that said county of Hampden be chargeable with all the 
expenses arising from any prisoners there committed from 
said county, in the same manner as other counties are, in 
regard to their own jails. 
Ttestdence of ^^^' ^' "'^"^ ^^ ^^ fuTtlu'r ctiactcd, That tlic Justiccs of 
jiisiicts, the Peace for the county of Hampshire, who shall, upon 
the division of the same, reside in the county of Hampden, 
shall be, and are hereby declared to be Justices of the 



HAMPDEN. Feb. 25, 1812. 567 

Peace for said county of Hampden, during the time for 
which they were appointed and commissioned, unless re- 
moved from office, according to the provision in the con- 
stitution in that respect. 

Sec 7. And be it further enacted. That all assessments 
of county taxes already made, or which may be made in 
said county of Hampshire, and upon the several towns 
therein, before this act takes effect, shall be paid to the 
Treasurer of said county of Hampshire ; and the said 
Treasurer is hereby authorized to enforce the payment Treasurer 
thereof, as well after this act takes effect as before, as in authorized. 
manner by law prescribed. 

Sec 8. And be it further enai^'ed, That the Clerk of 
the courts in said county of Hampden be, and hereby is 
required and authorized to issue veniries for Jurors, to authorized 
such towns as he shall think proper, in said county, until 
the said county shall be districted by the Court of Ses- 
sions for said county, for that purpose. 

Sec. 9. And be it further enacted. That whenever any 
person shall be committed to the jail in Northampton for 
not recognizing or finding sureties of the peace, pursuant 
to an order of any Justice of the Peace for said county of 
Hampden, any Justice of the Peace for said county of 
Hampshire may take recognizance of any such person, 
according to such order ; and whenever any person is 
committed to said jail on execution, bv any officer in said 
county of Hampden, and wishes to take the benefit of the 
law provided for those who are unable to support them- 
selves in prison, and pay prison charges, any Justice of the 
Peace for the said county of Hampshire, and of the Quo- Justice 
rum, are hereby authorized to do and transact all matters authorized. 
and things respecting such persons, that they are by law 
authorized to do, in case such person was committed by 
the Sheriff of said county of Hampshire, or his Deputy. 

Sec 10. And be it further enacted, That the Court of 
Sessions for said county of Hampden may, at the first term 
of the same, appoint some suitable person, being a free- court may 
holder in said county, who being duly qualified according appoint 
to law, shall be Treasurer of said county until some person Treasured. 
shall be chosen and qualified in manner bylaw prescribed. 

Sec 11. And be it further enacted. That the said county 
of Hampden shall be entitled to a share in all monies in 
the hands of the Treasurer of the county of Hampshire, 



5G3 SEEKONK. Feb. 26, 1812, 

and of all sums of money due on taxes or other debts due 
to said county of Hanipshire, according to the taxes paid 
in the last county tax for said county, by the said towns in 
said county of Hampden, in proportion to the whole tax 
last assessed ; and of other moveable property belonging 
to said county of Hampshire, deducting therefrom all sums 
due from said county of Hampshire when this act takes 
effect. 

Sec. 12. And be it further enacted. That this act shall 
take effect and be in force from and after the first day of 
August next. 

[This act passed 25th February, 1812.] 



CHAP. CXXXVHI. 

An Act to establish the Town of Seekonk. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the westerly part of Rc;ho- 
both in the county of Bristol, as described within the fol- 
Tfvv!i incor- ^*-^^^^"S bounds, with the inhabitants thereon, be, and they 
p;M:i-.cd. are hereby incorporated into a separate town, by the name 
of Seekonk, viz. Beginning at a rock in the line between 
the townsof Attleborough, and Rehoboth which is the north- 
east corner boundary of the west precinct in said Rehoboth; 
thencesouthfourdegrecswestuntilitstrikesthe line between 
the towns of Swanzey and said Rehoboth ; thence westerly 
by Swanzey line till it strikes the line between said Reho- 
fft -vlMrics both and the State of Rhode Island and Providence Planta- 
»c,ii!ijcci. tions ; thence following the line between the State of 
Rhode Island and Providence Plantations and said Reho- 
both, till it comes to the south- west corner of the town of At- 
tleborough ; thence easterly by the line between the towns 
of Attleborough and Rehoboth to the first mentioned 
bounds ; and the said town of Seekonk is hereby vested 
with all the powers and privileges, rights and immunities, 
and subject to all the duties to which other towns are 
cntided and subjected by the constitution or Vvws of this 
Commonwealth, 



SEEKONK. Feb. 26, 1812. 56D 

Sec. 2. Be it further enacted^ That of all state and 
county taxes which shall be levied and required of said 
towns, previous to a new valuation, the said town of See- 
konk shall pay one half thereof. 

Sec. 3. Be it further enacted. That all the expenses 
arising for the support of the poor of said town of Re- to support 
hoboth, with which it is now chargeable, together withpoo^"-. 
such poor as have removed out of said town prior to this act 
of incorporation, but who may hereafter be lawfully re- 
turned to said town for support, shall be equally divided 
between the towns of Seekonk and Rehoboth ; and when 
the said town of Seekonk shall be organized, the paupers, 
whether the same be supported in whole or in part only, 
shall be divided as nearly as fnay be, and one half of the 
number delivered over to the overseers of the poor of that 
town, to be by them in future supported. 

Sec 4. Beit further enacted^Th^X. Klkanah French Esq. 
be, and he is hereby authorized to issue his warrant, di- Warrant to 
rected to some suitable inhabitant of Seekonk, requiring ^® issued. 
him to notify and warn the inhabitants thereof, qualified to 
vote for town officers, to meet at such convenient time and 
place as shall be expressed in said warrant, to choose 
all such officers as towns are by law authorized to choose 
in the months of March or April annually. And that the 
said Elkanah French Esq. be, and he hereby is authorized 
and empowered to preside at said meeting during the elec- 
tion of a moderator, and to exercise all the powers,and todo 
all the duties which town clerks by law have and do per- 
form in the elections of moderators of town meetings. 
[This act passed 26th February, 1812.] 



570 OXFORD AGRI. SOCIETY. FeL 27, 1812. 



CHAP. CXXXIX. 

An Act authorizing Judges of Probate in certain cases to 
alter the times appointed by law, for holding Probate 
Courts, and to continue any process or proceeding 
therein. 



B 



• E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authoritij of the same^ That from and after the passing of 
this act, whenever the times appointed by law for holding 
any Probate Court shall be found to interfere with any 
other court, or whenever any Judge of Probate shall be 
prevented, by reason of sickness, inevitable casualty 
or other cause, from holding the same, at the time ap- 
pointed by law, or whenever it shall appear to him to be 
for the general benefit or interest of individuals, he shall 
be, and is hereby fully authorized and empowered to ap- 
point such other time for holding said court as he shall 
deem expedient, by giving public notice thereof, or noti- 
fying all concerned. And the said Probate Court shall, 
and may be adjourned from time to time, and any process 
or proceeding therein may be continued to such time and 
place as the said Judge may order and direct, any law to 
the contrary notwithstanding. 

[This act passed 27th February^ 1812.] 



CHAP. CXL. 

An Act to incorporate a number of persons by the name 
of The Oxford Agricultural Society. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That Robert Bradley, Stephen 
Chase, Amos J. Cook, Judah Dana, Philip Eastman, 
coi'porated. Oliver Griswold, Obadiah Kimbal, John M'Millan, 
James Osgood jun. Henry Young, Brown Osgood, Tim- 
othy Osgood, Francis L. Whiting, together with such 



Persons in- 



FRANKLIN. Feb, 27, 1812. 571 

others as may hereafter associate with them, and their 
successors, be, and they are hereby made a corporation, 
by the name of I'he Oxford Agricultural Society, and for 
this purpose, shall have the same powers and privileges, 
and be subject to the like duties and restrictions, as the 
other incorporated agricultural societies in this Common- 
wealth ; and the said corporation may lawfully hold and 
possess real estate not exceeding twenty thousand dollars, 
and the annual income of the personal estate shall not 
exceed two thousand dollars. 

Sec 2. And be it further enacted, That any Justice 
of the Peace for the county of Oxford is hereby authorized t .- ^ • 

m *' Justice to IS-" 

to issue a vvarrar:* , directed to one of the members before sue warrant 

named, requiring him to notify and warn the first meeting 

of the said society, to be holden at such convenient time 

and place as may be appointed in said warrant, to organize 

the said society, by the elections and appointments of its 

©fficers. 

[This act passed 27th February , 1812.] 



CHAP. CXLI. 

An Act in addition to an act, entitled, " An act to divide 
the County of Hampshire, and to constitute the north- 
erly part thereof into a new County by the name of 
Franklin. 

Sec. I. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the Justices of the Court 
of Sessions in said county of Franklin be, and they hereby Ju^rg^^to ^"^ 
are authorized and required to hold a Court of Sessions at hold coiu-t. 
Greenfield, in and for said county, on the first Tuesday of 
March next, and at such other times as may be prescribed 
by law. 

Sec 2. And be it further enacted. That the said Court p„„ . r^ 
oi bessions, at their said first term, shall and may appoint sions to ap- 
some suitable person, being a freeholder in said county, P"'"^ Treas- 
who,beingduly qualified accordingto law,shall be Treasurer 
of said county, until some person shall be chosen and qual- 
ified in manner prescribed by law ; and shall also at said 



572 FRANKLIN. Feb. 27, 1812. 

term divide the said county into jury districts agreeably 
Proviso. J.Q 1^^^^ . Provided however^ That the veniries already is- 
sued, or which may be issued by the Clerk of the Judicial 
Courts in said county before the said county shall be divi- 
ded into such districts for the drawing and returning of 
jurors to attend the Circuit Court of Common Pleas to be 
holden at Greenfield, in and for said county, on the second 
Monday of March next, shall be served and returned, and 
have the same effect, to all intents and purposes, as if the 
same had been issued after the said countv shall be divided 
as aforesaid. 

Sec 3. And he it further enacted. That the Register 
Kegister of Decds in the northern district for the registering of 
may hold his deeds in the late county of Hampshire, and which by the 
° *^^' act before recited is included in the county of Franklin, 

shall continue to hold his said office during the term for 
which he was chosen ; and shall be register for the regis- 
tering of all deeds and conveyances of land, and execu- 
tions levied on land, lying and being within the said 
county of Franklin, during the aforesaid term ; and shall, 
from and since the second day of December last, be hol- 
den to pay over to the Treasurer of said county of Frank- 
lin, the duties by law payable on the registering of deeds 
and other conveyances in said registry ; and shall, as soon 
as may be after a Treasurer of said county of Franklin 
shall be appointed or chosen, make and execute a bond to 
such Treasurer, according to the law in that behalf made. 
Sec 4. And he it further enacted^ That the Western 
Shire town. Circuit does, and shall, to every intent and purpose, in- 
clude the county of Franklin, and that the Justices of the 
said Circuit Court of Common Pleas shall hold their 
courts at Greenfield, within and for said county, at such 
times as may be prescribed by law. 

[This act passed 27th February ^ 1812.] 



U, S. CONSTITUTION. Feb, 27, 1812. 573 



CHAP. CXLII. 

An Act to ratify an Amendment of the Constitution of the 
United States, proposed to the Legislatures of the sev- 
eral states, by a resolve of Congress, passed November 
twenty-seventh, one thousand eight hundred and nine. 



W, 



HEREAS at the second session of the 
eleventh Congress of the United States, begun and held Preamble, 
at the city of Washington, m the district of Columbia, on 
Monday the twenty-seventh day of November, one thou- 
sand eight hundred and nine, it was resolved as follows, 
viz. 

Resolved by the Senate and House oj' Representatives of 
the United States of America in Congress assembled, txvo 
thirds of both houses concurring. That the following section 
be submitted to the Legislatures of the several States, 
which, when ratified by the Legislatures of three fourths 
of the States, shall be valid and binding as a part of the 
Constitution of the United States : 

If any citizen of the United States shall accept, claim, 
receive, or retain any title of nobility or honour, or shall, Amendment 
without the consent of Congress, accept and retain any proposed. 
present, pension, office, or emolument of any kind whatso- 
ever, from any emperor, king, prince, or foreign power, 
such person shall cease to be a citizen of the United 
States, and shall be incapable of holding any office of trust 
r)r profit under them, or either of them. 

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 proposed amendment Ratified, 
be, and the same is hereby ratified, on behalf of the Com- 
monwealth of Massachusetts, to become, when ratified by 
the Legislatures of three fo'.irths of the several States, part 
of the Constitution of the United States. 

[This act passed 27th February, 1812.] 



Bbbb 



Persons in- 



574 THEOLOGICAL EDUCATION. Feb. 27. 1812. 



CHAP. CXLIH. 

An Act to incorporate the Society for Theological 
Education. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the Rev. John Sawyer, Eli- 
phaietGiliett, Kiah Bay ley, Jothani Sevvall, Francis Brown, 
William Jenks, Asa Rand, Edward Pay son, Asa Lyman,, 
corpomed. David Thurston, Gen. Henry Sewall, and Ammi R. 
Mitchell, with their associates, and such others as may 
hereafter be elected as such, be, and they hereby are in- 
corporated and made a body politic and corporate, by the 
name of The Society for Theological Education, for the 
purpose of raising a fund to assist tho^e well disposed young 
men, that are desirous of entering into the work ot the gospel 
ministry, but by a deficiency of pecuniary resources are 
imable to prosecute a course of regular studies necessary 
to qualify them for a station so important and useful. 
Which institution may continue for the term of thirty 
years from the passing of this act, and by that name may 
sue and be sued, plead and be impleaded, appear, prose- 
cute and defend to final judgment and execution, and may 
have a common seal, which they may break, change, alter 
or renew at pleasure. 

Sec. 2. Be it further enacted. That said institution may 
Officers, tiow annually choose by ballot a President, Secretary, Treasu- 
ciiosen. ^^j,^ ^j^^ such number of trustees as they may deem prop- 
er, never less than nine, of which the President, Secretary, 
and Treasurer shall always be three, ex officio, five of 
whom shall be necessary to constitute a quorum, and all 
such other officers as are necessary to manage its con- 
cerns ; and in case of the death or resignation of either of 
said trustees, or other officers, said institution, at any legal 
meeting, shall have power to fill any vacancy or vacancies 
which may so happen, and also to remove any trustee or 
other officer, who by age, infirmity, or misconduct, in the 
P . opinion of said institution ought to be removed. Provi- 

ded however. That the officers which have been already 
chosen shall continue to hold the offices to which they 



THEOLOGICAL EDUCATION. Feb. 27, 1812. 575 

have been respectively elected, until others are chosen in 
their stead, agreeably to the provisions of this act. 

Sec. 3. Be it further enacted^ That said institution shall possession 
be capable of receiving and holding any estate, real or of P'operty ^ 
personal, made to them by purchase, bequest, donation, or ^ 
otherwise, to be used and improved for the purposes 
aforesaid : Provided^ The whole of the estate of said 
institution shall not exceed the value of twenty thousand 
dollars, and provided the persons for whom the money 
may be appropriated shall be of the protestant religion, 
and in the opinion of the trustees, of reputed piety, pru- 
dence, and learning. 

Sec 4. Be it further enacted^ That said institution ^fav sell 
may sell any of their estate, real or personal, purchased or estate 
given, in such way and manner as they may think proper, 
whenever it shall be found necessary for the purposes 
aforesaid ; and all monies arising from such sale shall be 
faithfully applied by the trustees for said purposes, and 
for no other ; and all deeds, conveyances, contracts, and 
other instruments, duly executed, signed, and sealed by 
the Treasurer with the seal of the institution, shall be 
binding on its members. 

Sec 5. Be it further enacted. That said institution be, 
and hereby is authorized, at their first meeting to be holden Authorized 
under this act, by vote of a majority of the members pres- ^^ make by- 
ent, to make and establish such rules, regulations and by- '^^^''' ^' 
laws for their government as they may judge necessary, 
subject however to revision, alteration or addition at any 
regular subsequent meeting; and may also annex reason- 
able penalties to the breach of such rules, regulations and 
by-laws ; Provided, the same be not repugnant to the 
laws of this Commonwealth. 

Sec 6. Be it further enacted. That particular ac- 
counts of the funds, donations, and disposal thereof shall Accounts t© 
be exhibited by the Treasurer at every annual meeting, '^c exhibited. 
and fair entries siiall be made in books to be provided 
for that purpose, of all donations made to said institution, 
and of all the real and personal estate belonging to the 
same, and said books shall be brought to said annual 
meetings and there opened for the perusal and examina- 
tion of its members, and may at any time be inspected by 
a committee of the General Court. 



576 CONGRESSIONAL DISTRICTS. Feb. 28, 1812. 

Sec. 7. Be it further enacted. That the Rev. Asa 

Lyman shall be, and he is hereby authorized to call the 

First first meetnig of said institution, by publishing a notifica- 

nieeting. ^-^^^ ^|- ^j^^ xux^q^ and place where the same shall be held, 

in one or more of the papers printed in Portland, fourtecji 

days at least previous to said meeting. 

Sec. 8. Be it further enacted^ That the Legislature 
shall have power at any time hereafter to alter, amend, or 
wholly repeal this act, whenever in their opinion the pub- 
lic good nuiy require it. 

[This act passed 27th February, 1812.] 



CHAP. CXLIV. 

An Act to apportion, and assess a tax of one himdred and 
thirty-three thousand three hundred and thirty-three 
dollars, ninety- seven cents, and providing for the reim- 
bursement of twenty-six thousand four hundred sixteen 
dollars, paid out of the public treasury, to the mem- 
bers of the House of Representatives, for their attend- 
ance at the two last sessions of the General Court. 
[This act passed 27th February, 1812.] 



"" CHAP. CXLV. 

An Act to divide the Commonwealth into Districts for 
the choice of Representatives in the Congress of the 
United States, and prescribing the mode of election. 

Sec 1. J3E it enacted by the Senate and House of 
Representatwes in General Court assembled, and by the 
authority of the same. That this Commonwealth be, and 
f omion- it hereby is divided into twenty districts, as in this act de- 
weai h dis- fined and described, for the purpose of choosing Repre- 
' icu ,1. sentatives to represent this Commonwealth in the Congress 
of the United States, after the present Congress ; in each 
of which districts one representative, being an inhabitant 
of the district for which he shall be elected, shall be cho- 
sen in the manner hereinafter described, 



CONGRESSIONAL DISTRICTS. Feb. 28, 1812. 577 

Sec. 2. Be it further enacted^ That the said twenty 
districts shall be formed and limited in manner following, 
viz. 

The towns in the county of Suffolk, together with the 
town of Cambridge in the county of Middlesex, shall con- ing districts. 
stitute one district, to be called Suffolk District. 

The towns of Salem, Marblehead, Lynn, Lynniield, 
Danvers, Middleton, Andover, Methuen, Haverhill, and 
Amesbury, in the county of Essex, shall constitute one 
district, to be called Essex South District. 

The towns and districts in the county of Essex, not in- 
cluded in Essex South District, shall constitute one dis- 
trict, to be called Essex North District. 

The towns and districts in the county of Middlesex, 
excepting the towns of Ashby, Townsend, Shirley, Pep- 
perell, Cambridge, Brighton, VVatertown, Newton, Fram- 
ingham, Hopkinton, Holliston, Sherburne, and Natick, 
shall constitute one district, to be called Middlesex Dis- 
trict. 

The towns and districts in the county of Hampden, 
together with the towns of Ware, Belchertown, Granby, 
South Hadley, Hadley, Northampton, Westhampton, 
Southampton, Easthampton, Norwich, Worthington, and 
Middlefield, in the county of Hampshire, shall constitute 
one district, to be called Hampshire South District. 

The towns and districts in the county of Hampshire, 
not included in Hampshire South District, together with 
the tow^ns and districts in the county of Franklin, shall 
constitute one district, to be called Hampshire North 
District. 

The towns and districts in the county of Plymouth 
shall constitute one district, to be called Plymouth Dis- 
trict. 

The towns and districts in the counties of Barnstable, 
Nantucket, and Dukes' County, together with the town 
of New Bedfor;!, in the county of Bristol, shall constitute 
one district, to be called Barnstable District. 

The towns and districts in the county of Bristol, except 
the town of New Bedford, together with the towns of 
Stoughton, Sharon and Foxborough, in the county of 
Norfolk, shall constitute one district, to be called Bristol 
District, 



/ 



1178 CONGRESSIONAL DISTRICTS. Feb. 28, 1812. 

The following towns in the county of Worcester, to 
wit : Worcester, Mendon, Brookfield, North Brookfield, 
Oxford, Charlton, Sutton, Spencer, New Braintree, West- 
borough, Uxbridge, Northbridge, Sturbridge, Hardwick, 
Western, Douglas, Grafton, Petersham, Upton, Dudley, 
Ward, Milford, Dana, and Barre, together with the towns 
of Hopkinton and Holliston, in the county of Middlesex, 
shall constitute one district, to be called Worcester South 
District. 
>■ The towns and districts in the county of Worcester, not 

included in Worcester South District, together with the 
towns of Ashby, Townsend, Shirley, and Pepperell, in the 
county of Middlesex, shall constitute one district, to be 
called Worcester North District. 

The towns, districts and plantations in the county of 
Berkshire shall constitute one district, to be called Berk- 
shire District. 

The towns and districts in the county of Norfolk, ex- 
cepting the towns of Stoughton, Sharon, and Foxborough, 
together with the towns of Sherburne, Natick, Newton, 
Brighton, Watertown, and Framingham, in the county of 
Middlesex, shall constitute one district, to be called Nor- 
folk District. 

The towns, districts and plantations in the county of 
York,exccpting the towns of Buxton, Limington, Cornish, 
and Parsonsfield, shall constitute one district, to be called 
the First Eastern District. 

The following towns, districts and plantations in the 
county of Cumberland, viz. Portland, Falmouth, Cape 
Elizabeth, Scarborough, Gorham, Standish, Windham, 
North Yarmouth, together with the towns of Buxton, Lim- 
ington, Cornish, and Parsonsfield, in the county of York, 
shall constitute one district, to be called the Second Eas- 
tern District. 

The following towns, districts and plantations in the 
county ofCumberlrnd, viz. Brunswick, Harpswell, Pow- 
nal, Freeport, Durham, Pegypscot, Minot, Poland, New 
Gloucester, Gray, Raymond, Otisfield, Thompson's Pond, 
and Shakers' Settlement Plantation, together with the 
towns of Litchfield, Lisbon, Bowdoinham, Bowdoin, 
W lies Pkintation, Topsham, Lewistown, Bath, George- 
town, and Dresden, in the county of Lincoln, shall consti- 
tute one district, to be called the Third Eastern District. 



CONGRESSIONAL DISTRICTS. Feb. 28, 1812. 579 

The towns, districts and plantations in the county of 
Lincoln, excepting the towns of Litchfield, Lisbon, Bow- 
doinham, Bo vdoin, Wales Plantation, Topsham, Lewis- 
ton, Bcith, Georgetown, and Dresden, together with the 
towns of Deer Isle, Vinalhaven, Lincolnville, Northport, 
and Islesborough, in the county of Hancock, shall consti- 
tute one district, to be called the Fourth Eastern District. 

The towns, districts and plantations in the county of 
Hancock, excepting the towns of Deer Isle, Vinalhaven, 
Lincolnville, Northport, and Islesborough, together with 
the towns, districts and plantations in the county of Wash- 
ington, shall constitute one district, to be called the Fifth 
Eastern District. 

The towns, districts and plantations in the county of 
Kennebeck shall constitute one district, to be called the 
Sixth Eastern District. 

The towns, districts and plantations in the counties of 
Oxford and Somerset, together with the towns of Bridge- 
ton, Harrison, and Baldwin, in the county of Cumberland, 
shall constitute one district, to be called the Seventh East- 
ern District. 

Sec 3. Be it further enacted^ That the Selectmen of 
the several towns and districts within this Commonwealth 
shall, in manner as the law directs for calling town-meet- 
ings, cause the inhabitants of their respective towns and Duties of 
districts, duly qualified to vote for Representatives in the Selectmen. 
General Court of this Commonwealth, to assemble on the 
first Monday of November, biennially, beginning in Novem- 
ber next, to give in their votes for their respective Repre- 
sentatives to the Selectmen, who shall preside at said meet- 
ings; and the Selectmen, or the major part of them, shall, in 
open town-meeting, sort and count the votes, and shall form 
a list of the names of the persons voted for, with the number 
of votes for each person, written in words, at length, against 
his name ; and the Town Clerk shall make a record thereof, 
and the Selectmen shall, in such meeting, make public 
declaration of the persons voted for, and of the number of 
votes they respectively have, and shall, in open town-meet- 
ing, seal up the said list certified by the Selectmen, and 
express upon the outside of the said list, the district in 
which the votes were given, and shall transmit the same, 
within fourteen days next after such meeting, to the Sec- 
retary of the Commonwealth, or to the Sheriff of the county 



$m CONGRESSIONAL DISTRICTS. Feb. 28, 1812. 

in which such town or district lies, who shall transmit the 
same to the Secretary of the Commonwealth, within forty- 
days next after the time of holding- such meeting ; and the 
Secretary shall lay the same before the Governor and 
Council ; and in case of an election for any district, by a 
majority of the votes returned from such district, the Gov- 
ernor shall forthwith transmit to the person so chosen, a 
certificate of such choice, signed by the Governor and 
countersigned by the Secretary ; and the Selectmen of 
such towns and districts as lie within any county in which 
there may be no sheriff, shall return such list to the Sec- 
retary's office, within the same term of time as sheriffs are 
required to do. 

Sec 4. Be it further e?tacted, That in case no person 
shall be chosen by a majority of all the votes returned 
belssued.° ^^om any district, the Governor shall cause precepts to 
issue to the Selectmen of the several towns and districts 
within such district, directing and requiring such Select- 
men to cause the inhabitants of their respective towns and 
districts, qualified as aforesaid, to assemble as aforesaid, 
on a day in such precept to be appointed, to give their 
votes for a Representative in Congress as aforesaid, which 
precepts shall be accompanied with a list of persons voted 
for in such district, shewing the number of votes for each 
person, according to the first return ; and the same pro- 
ceedings shall be had thereon, in all respects, as before 
Sheriff to directed in this act; and the Sheriff* shall make return 
make return, thereof into the Secretary's office, on or before such day 
as the Governor shall appoint in such precept. And the 
Selectmen of such towns and districts, as lie within any 
county in which there may be no Sheriff', shall return such 
lists to the Secretary's office, within the same term of time 
as Sheriffs are required to do ; and the Secretary shall lay 
the lists so returned to his office before the Governor and 
Council, and the Governor shall cause the person or per- 
sons who shall be chosen as aforesaid to be notified thereof; 
and like proceedings shall be again had in case any dis- 
trict shall fail of completing the choice of its Representa- 
tive ; and the Governor shall issue his precept accord- 
ingly, to the Selectmen of those towns and districts, or 
such districts wherein the choice of Representative shall 
not have been made; and like proceedings shall be had as 
often as occasion may require. 



CONGRESSIONAL DISTRICTS. Feb. 28, 1812. 581 

Sec. 5. Be it further enacted. That whenever any va- 
cancies bhall happen in the representation of this Com- 
monwealth in the Congress of the United States, the Governor to 
Governor shall cause precepts to issue to the Selectmen J.^^^"^ f^i^'j^^ 
of the several towns and districts, within any district in supply ofva- 
which suclT vacancy may happen, directing and requiring c^^cies. 
them to cause the inhabitants of their respective towns and 
districts, to assemble on a day in such precept to be ap- 
pointed, to give in their votes for a Representative to sup- 
ply such vacancy ; and like proceedings shall, from lime 
to lime, in all respects, be had, as are herein before pro- 
vided. 

Sec 6. Be it further enact cd, That it shall be the duty 
of the several Sheriffs of the several counties of the Com- 
monwealth, on receiving copies of this act, or any precept 
from the Governor, for the purpose herein mentioned, to^^'^tiesof 
transmit the same seasonably to \\\(i Selectmen of the sev- 
eral towns and districts, and to the assessors of the several 
districts and plantations where there may be no Selectinen, 
within their respective counties, to whom such copies or 
precepts may be respectively directed. And the several 
Sheiiffs shall, for the said service, be entitled to receive 
out of the treasury of this Commonwealth, fifty cents for 
each of the copies and of the precepts so by them distrib- 
uted to the Selectmen of the towns and districts, and to 
the assessors of the districts and plantations in their coun- 
ties where there ma}' be no Selectmen. Provided however. Proviso. 
That no Sheriff who shall neglect seasonably to transmit 
all and every of the copies and precepts by him received, 
in manner aforesaid, shall be entitled to any compensation 
for distributing any of such copies or precepts ; and for 
returning the votes from all the towns within the respect- 
ive counties, which may be seasonably delivered to him 
as aforesaid, each Sheriff shall be entitled to receive seven- 
teen cents per mile, computing from the place of abode 
of each Sheriff, to the Secretary's office; and, in cither case, 
the Sheriffs shall present their accounts to the Committee 
on Accounts for examination and allowance. 

Sec 7. Be it further enacted. That any Sheriff who shall 
neglect to perlorm the duties which by this act he is penalty ibi- 
directed to perform, shall, for each neglect, forfeit and pay neglect. 
a sum not exceeding two thousand, nor less than two hun- 
dred dollars, for any such neglect. And if any Select- 
Cccc 



act 



582 CHARLESTOWN. Feb. 28, 1812. 

men shall neglect to perform any of the duties which by 
this act they are required to perform, each Selectman, so 
neglecting, shall forfeit and pay a sum not exceeding two 
hundred dollars, nor less than thirty dollars, for any such 
neglect ; any of the forfeitures aforesaid to be recovered 
by indictment before the Supreme Judicial Court, or before 
any Circuit Court of Common Pleas, or before the respect- 
ive Courts of Comm.on Pleas, for the several counties of 
Nantucket or Dukes' County, which forfeiture shall be 
to the use of the Commonwealth. 

Sec. 8. Be it further enacted^ That the assessors of 

Assessors' those districts and plantations, where there may be no 

power. Selectmen, shall have the same powers and perform the 

same duties for the purposes of this act, as are herein given 

to, or required of Selectmen, and shall incur like penalties 

in case of neglect. 

Sec 9. tie it further enacted^ That this act shall be 
construed to extend to those plantations only, which shall 
Extension o (,|-)QQy^. assessors to assess the public taxes which shall be 
set to such plantations in the tax act next preceding the 
several elections. 

Sec 10. Be it further enacted, That this act, until a 
new apportionment of Representatives among the several 
states shall be made, and for the purpose of supplying any 
vacancy or vacancies which may happen in the representa- 
tion of this Commonwealth in the Congress of the United 
States, which shall make such apportionments, shall con- 
tinue and be in full force. 

[This act passed 28th February, 1812.] 



CHAP. CXLVr. 

An Act in addition to an act, entitled, " An act to incor- 
porate a religious Society, by the name of The First 
Parish in the Town of Charlestown. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the proprietors of appropri- 
ated pt'ws in the meeting-house of the First Parish in the 
Tov/n or Charlestown shall, from and after the passing of 



NORTH BROOKFIELD. Feb. 28, 18f2. 583 

this act, be solely authorized and empowered to vote in, Proprietors 
and manage the concerns of the said corporation ; and they, ^" 
with their estates, and not the persons who occasionally 
hire pews or seats in said house, shall be liable to all as- 
sessments or taxes for the charges of the said parish ; and 
in all cases two votes, and no more, may be given in the 
right of each pew. Provided nevertheless. That no pro- Proviso. 
prietor of a pew, who is a member of another religious 
society, shall be entitled to vote, or be liable to any other 
tax than the weekly assessment on his pew. 

Sec 2. And be it further enacted^ That all deeds and 
conveyances of, and executions extended on the pews in 
said meeting-house, shall be recorded by the clerk of the 
said parish in a book to be provided for that purpose ; and D"*^y of 
being so recorded shall be considered valid in law ; and 
the parish Clerk shall be entitled to the same fees as are 
or may be allowed to Registers of Deeds for similar ser- 
vices. 

Sec 3. And be it further enacted, That in the first 
section of the act, entitled, " An act to incorporate a reli- 
gious society by the name of The First Parish in the Town 
of Charlestown," the words " and such other inhabitants 
of the said town as do now attend the publick worship of 
God, and the instructions of Dr. Jedidiah Morse, their 
minister in said house," together with the second, third, 
fourth, fifth, and seventh sections of the said act, be, and ' 

they are hereby repealed. 

[This act passed 28th February^ 1812.] 



CHAP. CXLVII. 

An Act to establish a Town by the name of North 
Brookfield. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That all that part of the town of 
Brookfield which has been heretofore called and known by Boundarieg 
the name of the Second or North Parish (excepting that described. 
part of said territory now lying south of the post road, 
lending from Worcester through Spencer to Springfield,) 



584 



NORTH BROOKFIELD. 



Pel), 28, 1812, 



Town incoF' 
porated. 



Possession 
of property 
allowed. 



To support 
poor. 



Hoiden to 
pay taxes. 



together with the inhabitants thereon, be, and the same is 
hereby incorporated into a separate town, by the name of 
North Brookfield. And the said town of North Brooktield 
is hereby vested with all the powers and privileges, and 
shall also be subject to all the duties to which other cor- 
porate towns are entitled and subjected by the constitution 
and laws of this Commonwealth. 

Sec 2. Be it further enacted^ That the inhabitants of 
the said town of North Brookfield shall be entitled to hold 
such proportion of all the personal property now belonging 
to and owned in common by the inhabitants of the town 
of Brookfield, as the property of the said inhabitants 
of North Brookfield bears to the property of all the 
inhabitants of the town of Brookfield, according to the last 
valuation thereof. 

Sec. 3. Be it further enacted^ That the inhabitants of 
the said town of North Brookfield shall be hoiden to pay 
all arrears of taxes due from them, together with their pro- 
portion (to be ascertained as aforesaid) of all the debts now 
due and owing from the said town of Brookfield, or which 
may be hereafter found due and owing by reason of any 
contract or other matter and thing heretofore entered into, 
or now existing. 

Sec. 4. Be it further enacted^ That the said town of 
North Brookfield shall be hoiden to support their propor- 
tion of the present poor of the town of Brookfield, which 
proportion shall be ascertained by the present valuation of 
the town ; and all persons who may hereafter become 
chargeable, as paupers, lo the town of Brookfield and North 
Brookfield, shall be considered 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. 

Sec 5. Be it further enacted^ That the said town of 
North Brookfield shall be hoiden to pay their proportion of 
all state, town, and county taxes assessed on the inhabit- 
ants of the said town of Brookfield, until a new valuation 
shall be made of the said towns. Provided,, That the said 
town of North Brookfield shall be hoiden, until the further 
order of the Legislature, to pay the town of Brookfield 
such proportion of any of the expenses of maintaining the 
bridges and causeways over the rivers in the town of 
Brookfield, as a committee of the Court of Sessions for 



PLYMOUTH BEACH. Feb. 28, 1812. 585 

the county of Worcester shall determine ; and said Court 
of Sessions are hereby authorized, on application of either 
of the inhabitants of Brookfield or North Brookfield, from 
time to time, to appoint a committee for the above purpose, 
whose report, made to and accepted by said court, shall be 
binding: on the said towns. 

Sec. 6. Be it further enact ed^ That any Justice of the 
Peace for the county of Worcester, upon application there- sue^^^arrant' 
for, is hereby authorized to issue his warrant, directed to 
any freeholder in the said town of North Brookfield, requir- 
ing him to notify and warn the inhabitants thereof to meet 
at such time and place as shall be appointed in said war- 
rant, for the choice of such ofiicers as towns are by law 
required to choose at their annual town meetings. 
[This act passed 28th February^ 1812.] 



CHAP. CXLVIII. 

An Act authorizing a Lottery for completing the repairs 
of Plymouth Beach. 

Sec 1. -OE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That a lottery be granted to the Lottery 
town of Plymouth, to raise the sum of sixteen thousand granted, 
dollars, for the purpose of completing the repairs of Plym- 
outh Beach, in the county of Plymouth ; and the town of 
Plymouth shall appoint the managers thereof, and the 
agents for expending said money, with power to remove 
the managers and agents, and to fill vacancies in the board 
of managers and agents, either by their Selectmen, or in 
such other way as the town shall direct ; and the managers 
of said lottery, from time to time, shall make and publish 
such schemes as shall, in their opinion, best promote the 
purposes of said lottery, draw the same, and transact all 
business necessarily connected with the duties of their 
appointment. 

Sec 2. Be it further enacted. That said nianagers, Tviana^-ers to 
before they enter on the duties of their office, shall give give bond, 
bond to the treasurer of the town of Plymouth, with suffi- 
cient sureties, in the sum of fifteen thousand dollars, con^ 



586 PLYMOUTH BEACH. Feb. 28, 1812. 

ditioned to pay into the hands of the agent or agents, for 
applying the money to the object of this grant, the whole 
proceeds of the said lottery, without deduction for ser- 
vices or expenses, excepting one thousand dollars, which 
bond shall remain with the Treasurer aforesaid, for and 
during the time of two years after all the classes in said 
lottery shall be drawn and completed, that all pen )ns ag- 
grieved by the doings of said managers may have the 
benefit thereof; and said managers, before entering on 
their duties, shall give the bonds and be under oath faith- 
fully to perform the duties of their office. 
A ents to Sec. 3. Be it further enacted, That the agents aforesaid 
give bond, shall give bond to the Treasurer of the town of Plymouth, 
faithfully to appropriate the money paid to them by the 
said managers, without deduction for their expenses or 
services, under the direction of the town of Plymouth, or 
such persons as they shall appoint ; and the town of Ply- 
mouth shall be bound to the Treasurer of this Common- 
wealth, in the sum of fifteen thousand dollars, faithfully to 
appropriate the whole sum in this grant to the repairs of 
said beach, except the sum of one thousand dollars afore- 
said ; and the managers and agents, to be appointed as 
aforesaid, shall render an account of their proceedings, 
which, being approved by the Selectmen of Plymouth, and 
by them presented to the Governor and Council for their 
approbation, and if by them allowed, the bond against the 
town shall then be cancelled. 

Sec 4. Be it further enacted, That all the prizes in 
said lottery shall be paid by the managers, if demanded, 
pmes^ ° within sixty days after the drawing of any class shall be 
completed ; and all prizes not demanded in one year next 
after the drawing of any class, shall be considered as gen- 
erously given for the purposes for which this lottery was 
granted ; and the managers aforesaid, after each class in said 
lottery is drawn, shall pay, within sixty days, to the agents 
aforesaid, fifteen sixteenth parts of the proceeds of each 
class ; and no class in said lottery shall be drawn until 
four fifths of the tickets are sold ; and said managers shall 
be holden to account to the town of PI mouth for the pro- 
ceeds of all tickets sold, and all prizes drawn to the credit 
of the lottery, and all prizes not claimed within one year 
as aforesaid ; and the managers shall be jointly holden to 
pay the prizes drawn against any number, though the 



SEBEC. Feb. 28, 1812. 587 

ticket dra^vlng such prize be signed by one of them only; 
and said managers may sell fractional parts of tickets, but 
not at an advanced price. 

Sec 5. Be it further enacted^ That said managers ^^"ties of 
shall, from time to time, publish in one or more of the ™*"*sers- 
public newspapers printed in this Commonwealth, the 
scheme of each class in said lottery, the time and place of 
drawing, and list of prizes; and shall keep a book in which 
they shall charge themselves with the amount received for 
each ticket sold, numbering the same, and also with the 
amount of the prizes drawn against any number not sold, 
and likewise such numbers sold as are not claimed in one 
year ; and they shall credit themselves with the amount of 
the prizes paid to the purchasers of tickets; and the whole 
business of the lottery shall be completed in five years, at 
which time the managers of said lottery shall make up and 
exhibit, to the Selectmen of Plymouth, a fair account of 
their whole proceedings, which, if approved and accepted 
by said Selectmen, the said managers shall be entitled to 
the return of their bond, at the time specified in this act ; 
and the managers and agents, upon the request of the 
Selectmen of the town of Plymouth, shall exhibit an ac- 
count of their doings, from time to time, when required. 
[This act passed 28th February^ 1812.] 



CHAP. CXLIX. 

An Act to establish the town of Sebec, in the county of 

Hancock. 

Sec 1. -De it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the township numbered four, 
in the seventh range, north of the Waldo Patent, in the 
county of Hancock, be, and hereby is established as a po7™ed"*^°'^ 
town, by the name of Sebec, and by the following boun- 
daries, viz. east by number three in the same range ; 
south by the river Pascataquies ; west by number five in Boundaries 
the same range, now incorporated Foxcroft ; and north by described. 
number six in the eighth range. And the said town of 
Sebec is hereby vested with all the corporate powers and 



588 SALEM UNIVERSAL SOCIETY. Feb. 28, 1812. 

privilc.^es, and subjected to the like duties and requisitions 
of other towns, according to the constitution and laws of 
this Comuionweahh. 

Sec. 2. Be it further enacted^ That any Justice of the 
Peace, for the county of Hancock, is hereby authorized, 
Justice to Is- upon application therefor, to issue a warrant, directed to 
sue warrant, a freeholder and inhabitant of the said town of Sebec, 
requirnig him to notify and warn the inhabitants thereof to 
meet at such convenient time and place as shall be ap- 
pointed in said warrant, for the choice of such officers as 
towns are by law required to choose at their annual town- 



meetmgs. 



Persons in- 



[This act passed 28th February^ 1812.] 



CHAP. CL. 

An Act to incorporate a numer of persons by the name of 
The First Universalist Society in Salem. 

Sec 1. -De it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That Jonathan Beckford, Na- 
thaniel Frothingham, Robert Leach, Jeduthan Upton, 
Henry Rust, William Meriam, Thomas Newhall, Henry 
corporated. Tibbets, Zachariah Burchmore, Jeduthan Upton jun. 
Charles Steel, Nathan Luther, Samuel C. Pope, John 
Snethen, James Moody, Abraham Wendell, Henry Grant, 
Andrew Morgan, Joseph Newhall, Moses Thomas, Jethro 
Thomas, Seth Saltmarsh, John Ferguson, Samuel K. Put- 
nam, Daniel Dutch, William Cleaveland, Ebenezer Bur- 
rcll. Ward Chipman, Samuel Wilson, Hero Nichols, 
William Fabens, Joseph Ropes jun. Joseph Mansfield, 
Samuel Mansfield, Benjamin Cox jun. William Woodbu- 
ry, Nathaniel Archer, George Ward, Jonathan Howard, 
Peter Hodson, Joshua Beckford, Thomas Driver, Ellis 
Mansfield, Stephen Driver jun. Richard Hay, Henry 
Archer, Nathaniel Fowle, and Lemuel Horton, with their 
families and estates, together with such others as may 
^ hereafter associate with them, and their successors, in the 

manner provided by this act, be, and they are hereby in- 
corporated as a religious society by the name of The First 



SALEM UNIVERSAL SOCIETY. Feb, 28, 1812. 589 

Universalist Society in Salem, with all the powers and 
privileges, exercised and enjoyed by other religious soci- 
eties, according to the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted^ That any person living 
in Salem, or in any of the neighbouring towns, who may Method of 
desire to become a member of the said Universalist soci- becoming' a 

11111 1' • I Ti • meipber. 

ety, shall declare such mtention to tne cLerk or commit- 
tee of said society, fifteen days at least previous to their 
annual meeting, and if such person do receive, and can 
produce a certificate of admission, signed by the clerk 
or committee, that such person has united with and actu- 
ally become a member of the said society, such person, 
from the date of said certificate, shall be considered, with 
his or her polls and estate, a member of the said Universal- 
ist society. ' Provided however^ That every such person Proviso. 
shall be holden to pay his or her proportion of all parochial 
expenses in the society to which such person belonged, 
assessed and not paid, previous to leaving such society. 

Sec. 3. Be it further enacted^ That when any mem- 
ber of the said Universalist society may see cause to leave Manner of 
the same, and unite with any other religious society, he leaving. 
or she shall give notice of such intention to the clerk or 
committee of such other society, fifteen days at least pre- 
vious to the annual meeting, and if such pers^on receive 
and can produce a certificate of admission, signed by the 
clerk or committee of such other religious society, that 
such person has united with and actually become a mem- 
ber of the said other society, such person having paid his 
or her proportion of all monies voted to be raised in said 
Universalist society, previous thereto, shall be considered 
from the date of said certificate, with his or her polls and 
estate, as members of said other society. 

Sec 4. And be it further enacted^ That any Justice of jug^ij^^^o jg. 
the Peace for the count}^ of Essex be, and hereby is au- sue warrant. 
thorized to issue a warrant, directed to some m.emberof 
said society, requiring him to notify and warn the mem- 
bers thereof to meet at such time and place as shall be ap- 
pointed in said warrant, to clioose all such officers as 
religious societies have a right to choose at their .annual 
meetings. 

[This act passed 28th February, 1812.] 
D d d d 



590 



MANUFACTORIES. 



Feb. 28, 1812. 



CHAP. CLL 



Persons in- 
corpoi'ated. 



Sf ay hold 
estate. 



An Act to incorporate the Hoiisatonuck Manufacturing 
Company, in Pittsfield. 



B 



Sec. 1. XJE it enacted by the Senate and House of 
Hepresentatwes in General Court assembled^ and by the 
authority of the same, That Richard S. Chappeli and 
John B. Root, together with such others as may hereafter 
associate with them, and their successors and assigns, be, 
and they hereby are made a corporation, by the name of 
The Housatonuck Manufacturing Company, for the pur- 
pose of manufacturing wool, cotton, flax, and hemp, in 
the town of Pittsfield, in the countv of Berkshire, and for 
the purpose aforesaid shall have all the powers and privi- 
leges, and shall be also subject to all the duties and restric- 
tions prescribed and contained in an act, entitled, *' An act 
defining the general powers and duties of manufacturing 
corporations," passed the third day of March, eighteen 
hundred and nine. 

Sec. 2. And be it further enacted. That the said cor- 
poration, in their corporate capacity, may lawfully hold 
and possess real estate not exceeding thirty thousand dol- 
lars, and personal estate not exceeding fifty thousand dol- 
lars, as niciy be necessary for carrying on the manufactures 
of the said company in the town of Pittsfield. 

[This act passed 28th February, 1812.] 



CHAP. CLII. 

An Act in addition to an act, entitled, " An act incorpo- 
rating the proprietors of the Norfolk Cotton Manufac- 
tory." 



>E it enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

authority of the same. That the corporation created and 

Corporation" established by the act, to which this act is an addition, be, 

smpovveied. ^^^ ^^^ Same hereby is vested with full power and author. 



PRIDGES.— FISH. Feh, 28, 1812. 591 

ity to carry on the manufacture of wool, in its various bran- 
ches, subject however to the same restrictions, and entitled 
to the same privileges to which the said corporation is now, 
by the aforesaid act, subjected and entitled, in the manu- 
facture of cotton. 

[This act passed 28th February, 1812.] 



CHAP. CLIII. 

An Act to exempt the county of Norfolk from building 
and keeping in repair certain bridges, and for other 
purposes. 

Sec 1. XjE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That from and after the passing 
of this act, so much of the sixth section of the act estab- ^^^ -^^ ^ 
lishing the county of Norfolk, passed the twenty-sixth of repealed. 
March, in the year one thousand seven hundred and ninety- 
three, as subjects the said county to build and keep in 
repair certain bridges therein mentioned, be, and the same 
is hereby repealed. 

Sec 2. Be it further enacted. That the several towns 
in the county of Norfolk, in which the said bridges are sit- 
uated, shall hereafter be obliged to build and keep in re- 
pair the same, in the same manner as towns are required, 
by law, to build and keep in repair town bridges. 
[This act passed 28th February, 1812.] 



CHAP. CLIV. 

An Act in addition to an act, entitled, ** An act to regu- 
late the taking of the fish called alewives in Manatiquat 
river, in the town of Braintree." 

VV HEREAS by an act passed on the 
first day of March one thousand seven hundred and ninety- Preamble. 
nine, the town of Braintree were authorized to farm out, 
and dispose of the fish called alewives, and as it appears by 



592 



BRIDGE. 



Feb 28, 1812. 



representation from said town, that other fish, have and do 
run in the river in said town, which proves injurious to the 
alewive fish. 

Sec. 1. Be it enacted by the Senate and House of Ixep- 
resentatives in General Court assembled^ and by the an- 
Hestrictions. thority of the same^ That the taking of all fish, which do 
or may run from the salt water in the aforesaid river in the 
town of Braintree, excepting eels, smelts and tom cod, 
shall be forever hereafter subj ct to the same restrictions 
as the taking of alewive fish is by the act, entitled, " An 
act to regulate the taking of the fish called alewives in 
Manataquat river, in the town of Braintree." 

Sec 2. Be it further enacted, That the Selectmen of 
the town of Braintree, lor the time being, shall be the com- 
mittee to farm out and dispose of the aforesaid fish, agree- 
ably to their best judgment : Provided nevertheless, That 
the fish called alewives shall be disposed of agreeably to 
the act to which this is in addition, any thing in the act 
to which this is in addition to the contrary notwithstanding. 
[This act passed 28th February, 1812.] 



Committee 
to farm out 



CHAP. CLV. 

An Act in addition to an act, entitled, " An act for incor- 
porating certain persons, for the purpose of building a 
bridge over Deerfield river (so called), where Williams* 
ferry is now kept, and for supporting the same. 



>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the sa7ne. That the proprietors of Deerfield 
rropvietors fivcr bridge, or corporation, be, and they are hereby au- 
empowered. thorized and empowered to purchase, hold, possess, use 
and occupy real estate, in their corporate capacity, not ex- 
ceeding the value of five thousand dollars, for the purpose 
of erecting a toll-house and such other convenient build- 
ings as said corporation, in their said capacity, may think 
proper. 

[This act passed 28th February, 1812.] 



HARVARD COLLEGE. l^^eh. 29, 1812. 593 



CHAR CLVL 

An Act to continue in force an act, entitled, *' An act to 
establish the Second Brush-hill Turnpike Corporation." 

XjE 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 ^^^ continu- 
establish the Second Brush-hill Turnpike Corporation" ed in force, 
shall be, and hereby is continued in full force and effect, 
for and during the term of four years, from and after the 
first day of June next, any thing in said act of incorpora- 
tion, or in an act defining the general powers and duties 
of turnpike corporations, to the contrary notwithstanding. 
[This act passed 28th February^ 1812.] 



CHAP. CLVH. 

An Act to repeal an act, entitled, " An act to alter and 
amend the Constitution of the Board of Overseers of 
Harvard College, and to regulate certain meetings of 
that Board. 

Sec 1. X3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the sG?ne, That an act made and passed 
the seventh day of March, in the year of our Lord one Act 
thousand eight hundred and ten, entitled, "An act to alter repealed. 
anjd amend the Constitution of the Board of Overseers of 
Htirvard College," be, and the same is hereby repealed ; 
and the Board of Overseers, from and after the passing of 
this act, shall be constituted in the same way and manner, 
and be composed of the same persons, and no others, that 
it would have been, had the same act never been made or 
passed. 

Sec 2. Be it further enacted, That there shall be a 
meeting of the Board of Overseers of Harvard College, ^""4^^ 
as the same will be constituted after the passing of this '"^^^'"^* 
act, on the second Wednesday of the first session of the 



594 DANIEL FOOT. Feb, 29, 1812. 

General Court, annually, in the Senate chamber, at three 
o'clock in the afternoon (unless otherwise ordered by the 
said Board of Overseers,) if the General Court shall re^ 
main so long in session, and at such other times and pla- 
ces as the said Board shall order ; at which annual meet- 
Duty of sec- i".^ it shall be the duty of the Secretary of said Board, at 
retary. the firstmeetingthereof,to lay before them the records and 
proceedings of the corporation of Harvard College, and of 
the said Board of Overseers, which have been had since 
the passing of the act aforesaid, which is hereby repealed, 
and in like manner, all the proceedings which may have 
been had by said corporation and Board of Overseers, 
shall belaid before them at their next succeeding meeting, 
to be held agreeably to the provisions of this act. 
[This act passed 29th February, 1812.] 



Set off. 



CHAP. CLVIII. 

An Act to annex Daniel Foot to the town of Pittsfield. 

Sec 1. XiE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Daniel Foot, with his fam- 
ily and estate, be, and hereby is set off from the town of 
Dalton and annexed to the first parish in the town of 
Pittsfield, for parochial purposes only, there to do the 
duties and enjoy the privileges of a parishioner. 

Sec 2. And be it further enacted. That the said Daniel 
Holden to Foot shall be holden to pay all legal taxes that have been 
pay propor- assessed uDOU him by said town of Dalton, prior to the 

tion 01 taxes. . ~' , . •' 

passmg or this act. 

[This act passed 29th February, 1812.] 



WORCESTER TURNPIKE COR. Feb. 29, 1812. 595 



CHAP. CLIX. 

An Act to establish the Worcester and Leicester Turn- 
pike Corporation. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Thomas Denny, Nathaniel 
Paine, Reuben Sv kes, Austin Flint, and Alpheus Dimond, corporate^! 
with such other persons as may hereafter associate with 
them, and their successors and assigns, shall be a corpora- 
tion, by the name of The Worcester and Leicester Turn- 
pike Corporation, for the purpose of making a turnpike 
road between the towns of Worcester and Leicester, viz. 
Beginning at the foot of a hill between the dwelling-houses 
of Asa Ward and Phineas Jones, in Worcester, to or 
nearly opposite the meeting-house in Leicester,«nd for the 
purpose aforesaid shall have all the powers and privileges, 
and shall be also subject to all the duties, requirements 
and penalties prescribed and contained in an act passed the 
sixteenth day of March, eighteen hundred and five, enti- 
tled, " An act defining the general powers and duties of 
turnpike corporations," and of any acts which have been, 
or may be made in addition thereto. And no county, 
town, or private road or way shall be opened into, or con- 
nected with the aforesaid turnpike road, without the con- 
sent of said corporation first had and obtained ; except 
such county, town, or private road or way, as may be 
laid out crossing the said turnpike road, and leading in 
different directions therefrom. 

Sec 2. And be it further enacted, That when the said 
turnpike road shall be made and completed, to the accep- Authorized 
tance of the Court of Sessions for the county of Worces- J^^J^^^*^^^ 
ter, or a committee by them appointed, the said corpora- 
tion may erect one half toll gate, and shall have liberty to 
demand and receive half the usual rates of toll, according 
to the general turnpike law. 

[This act passed 29th February, 1812.] 



5t>6 KENNEBECK AND LINCOLN. Feb. 29, 1812. 

CHAP. CLX. 

An Act altering the line between the counties of Kenne- 
beck and Lincoln. 

XJE 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 
*^it""*d^^"^ this act, the county line between the counties of Kenne- 
beck and Lincoln be, and it is hereby altered, so as to in- 
clude the town of Malta wholly within the said county of 
Kennebeck, and the town of Whitefield wholly within the 
said county of Lincoln. 

[This act passed 29th February^ 1812.] 



• CHAP. CLXL 

An Act authorizing the sale of School Lands in the town 
of Sumner, to raise a fund for the support of Schools in 
said town, and for appointing trustees for those purposes. 

Sec. 1. J3E it enacted by the Senate and House of 
FeprescTitatives in General Court assembled^ and by the 
authority of the same^ That Isaac Sturtevant, Calvin Bis- 
Ti-ustees ap- bee, Stephen Ellis, Joseph Barrett, John Briggs, Moses 
pointe . B^ck jun. and James Hearsey jun. be, and they are hereby 
appointed trustees of the School lands in the town of 
Sumner, in the county of Oxford ; and they, and their 
successors in said office, are hereby incorporated by the 
name of The Trustees of the School Funds in Sumner, 
and by that name shall be capable, in law, to sue and be 
sued to final judgment and execution, and shall possess, 
hold and exercise all such powers and privileges as are 
incident to, and usually given to similar corporations; and 
the number of the said trustees shall never be less than 
five, nor exceed seven, any five of whom may be a quorum 
for doing business, and shall have power to supply any 
vacancies Avhich may happen in their number, whether by 
death or resignation, removal, or any other disqualification, 



SUMNER SCHOOL LANDS. Feb, 29, 1812. 597 

and shall also have power to remove any of their number, 
who from age, infirmity, misconduct, or any other cause, 
shall become unfit or incapable of dischargmg their duty, 
and fill up such vacancies by a new election from inhabit- 
ants of the said town of Sumner; and the said trustees, at 
their first meeting, shall appoint, and afterwards annually 
appoint, a Secretary, Treasurer, and such other officers as 
may from time to time appear to be necessary, who shall 
be sworn to the faithful discharge of their duty ; and the 
said Secretary shall procure books, and keep a fair and 
faithful record of all the proceedings of the said trustees, 
which shall at all times be ready for inspection of the said 
trustees, and also of the Selectmen of the said town of 
Sumner. 

Sec 2. Be it further enacted^ That the said trustees 
be, and they are hereby authorized to sell and convey the autlfoHzed. 
said school lands, and to use their discretion, boihas to the 
time and manner of the sale, and taking security for the 
payment of the same, and to make, execute, and acknowledge 
good and sufficient deed or deeds thereof,in fee simple, from 
the said town to the purchasers of such lands, which deed 
or deeds shall be signed, executed, and acknowledged by 
the Treasurer in the name and by the direction of said 
trustees, and the conveyance so made shall be valid and 
effectual in law, and the monies arising from the sale of 
the said lands shall be put out at interest, as soon as con- , 
veniently may be, and secured by mortgage on real estate, 
to the full value of the estate sold or n\oncy loaned, or by 
two or more sufficient sureties with the principal ; or the 
said trustees may invest the said school funds in public 
securities of this state, or of the United States, or in bank 
stock of the State Bank, as they may judge will be most 
for the interest and security of the said town, in the use 
and improvement of their said school fund; and the said 
fund shall be inviolably appropriated and used for the sup- 
port of schools in the said town of Sumner, and no vote of 
the said town shall have any force or effect, to alienate or 
alter the appropriation of the said school fund. 

Sec 3. Be it further enacted. That the Treasurer of ^ 
the said school fund shall give bonds to the said trustees, ghe bond. 
in the sum of three thousand dollars, for the faithful per- 
formance of his duty, and to be at all times responsible for 
the faithful application and expenditure of all monies 
E e e e 



598 NEWTON WIRE MANUFACT. Feb. 29, 1812. 

which may be depositedwith him, conformable to the true 
IK- tent and meaning of this act, and may be removed for 
negligence or misconduct in his ofilce; and the said Treasu- 
rer and his successors in office shall be required by the 
said trustees to exhibit annually to the said town a fair and 
regular account of his doings, of the expenditure of the 
mcnies, and the present state of the funds ; and the said 
Trustees, Treasurer, and Secretary shall receive no com- 
pensation for their services out of any monies arising from 
the said school fund ; but such compensation may be made 
to the said Trustees, Treasurer, and Secretary, for their 
services, as the town may, from time to time, judge rea- 
sonable. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace for the county of Oxford is hereby authorized, upon 

Tiisticcs • 

HuthoiizeJ. application of any three of the trustees herein named, to 
appoint the time and place for the first meeting of the 
trustees; and at die said first meetino: the said trustees shall 
fix and settle the time and mode of calling future meetmgs; 
and may also, at the same time, or at any subsequent 
meeting, establish such rules and by-laws for their regular 
proceedings, as may, from time to time, appear necessary, 
and to annex reasonable penalties for the breach thereof. 
Pro^•ided such rules and by-laws shall, in no case, be con- 
trary to the constitution and laws of this Commonwealth, 
[This act passed 29th February^ 1812.] 



CHAP. CLXII. 

An Act to incorporate the Proprietors of the Newton Wire 

Manufactory. 



Sec 1. -OE it enacted by the Senate a?id House of 
Representatives in General Court assembled, and by the 
Persons In- authority of the same. That Samuel Brown, William 
ccrporated. Ward, Hendrick W. Gordon, Sylvanus Gray, Benjamin 
Andrews, and such other persons as may hereafter associate 
with them, their successors and assigns, be, and they 
hereby are made a corporation, by the name and style of 
" The Newton Wire Manufactory, for the purpose of manu- 

facturing wire and wire work, in all their kinds and 



BYFIELD MINISTERIAL FUND. Feb. 29, 1812. 599 

branches, and for this purpose shall have all the powers 
and privileges, and be subject to all the duties and regula- 
tions contained in an act passed by the General Court on 
the third day of March, in the year of our Lord one thou- 
sand eight hundred and nine, entitled, " An act defining 
the general powers and duties of Manufacturing Corpora- 
tions." 

Sec 2. Be it further enacted^ That said corporation may 
take and hold real estate not exceeding the value of twenty possession 
thousand dollars, and personal estate not exceeding the of property 
value of fifty thousand dollars, for the purpose of estab- ^^^"^^'^'^• 
lishing and carrying on the manufactory aforesaid. 

Sec 3. Be it further enacted^ That said corporation 
may locate said manufactory in the town of Newton, in 
this state, or in any place within twenty miles of said town 
of Newton, at the pleasure and discretion of the stock- 
holders in said corporation. 

[This act passed 29th February^ 1812.] 



CHAP. CLXIIL 

An Act to incorporate the Proprietors of the Ministerial 
Fund in the Parish of Bvfield. 

Sec 1. -OE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the inhabitants of that part 
of the parish of Byfield which lies in the town of Newbury, inhabUant« 
be, and they hereby are incorporated as a body politic, *"'^"'i'^''''' 
forever, by the name of The Proprietors of the Ministerial 
Fund in the Parish of Byfield, for the purpose of managing 
such funds as now belong to the said inhabitants hereby 
incorporated, and such other funds as may hereafter accrue 
to them, for their proportioiial part of the support of the 
minister of said Byfield Parish ; and the said corporation, 
by the said name, are hereby declared and made capable, 
in law, to sue and be sued in all actions real, personal and 
mixed, and prosecute and defend the same to final judg- 
ment and execution. 

Sec 2. Be it further enacted. That all the voters in 
said corporatiouj qualified by law, to vote in parish affairs, 



600 BYFIELD MINISTPZRIAL FUND. Feb. 29, 1812. 

Voters be, and they hereby are authorized, at their first meeting, 
authorized, ^^j^j^j^ gj^^jj ^^ holden, by virtue of this act, to choose a 
clerk, a treasurer, and three or five trustees, all of whom 
shall be chosen annually; and the said trustees and treasu- 
rer shall have the care and management of all funds and 
interest of the said corporation ; and the annual meeting 
of the said proprietors shall be holden in the month of 
December, and other special meetings may be called in 
the manner, which the said proprietors may direct and 
order, and the moderator of any of said meetings is hereby 
authorized to administer the oath of office to the clerk ; 
and the clerk and treasurer may receive reasonable com- 
pensation for their respective services. 

Sec. 3. Be it further enacted^ That the treasurer of 
Treasurer to gaj(^ corporation shall give sufiicient bonds (in the opinion 
^i\e . ^^ ^j^^ trustees) for the faithful performance of his trust, 
and he shall, under the direction of the said trustees, be 
empowered, and hereby is authorized, to receive and let 
out any or all the money or interest of said corporation, on 
bond or mortgage ; and, when it shall be necessary, to 
execute a deed or deeds of sale of any lands belonging to 
said proprietors. 

Sec 4. Be it further enacted^ That the interest arising 

Appropila- from said funds shall never be appropriated to any other 

e&t* ''^ "^'^^^ "^^ \^^vi that for which they were given ; and the said 

interest may be applied, by the said proprietors, towards 

payment of their proportional part of ministerial taxes, as 

they may, from time to time, order and direct. 

Sec. 5. And he it further enacted^ That any Justice of 

9He wanaut*. the Peace in the county of Essex, on the application of 

five members of said corporation, shall issue a warrant for 

calling the first meeting, and the corporation may agree 

upon the method of calling future meetings. 

[This act passed 29th February, 1812.] 



TURNPIKE—RECORDS. Feh. 29, 1812. €01 



CHAP. CLXIV. 

An Act in addition to an act, entitled, " An act to estab- 
lish The Hingham and Quincy Bridge and Turnpike 
Corporation." 



B 



Commis- 



• E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Joseph Bemis of Canton, in 
the county of Norfolk, Esquire, be, and he hereby is con- rioner con- 
stituted and made a commissioner, jointly with Jonathan stUuted, 
Hunnewell of Boston, and Samuel Bass of Randolph, 
Esquires, heretofore appointed commissioners, as appears 
in the act whereto this act is in addition ; and the said 
Joseph Bemis is hereby authorized and empowered to do 
and perform all the duties and services which are incum- 
bent upon and required of any commissioner aforesaid, in 
said act named, as though the said Joseph Bemis had been, 
by said act, appointed in the place of Aaron Hobart of 
Abington, who was appointed a commissioner in and by 
said act, and who has since deceased. 

[This act passed 29th February ^ 1812.] 



CHAP. CLXV. 

An Act providing for the safe keeping of the records in 
the offices of the Register of Deeds, and of the Register 
of Probate, in the several counties within this Common- 
wealth. 

Sec 1. X3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That it shall be the duty of the Duty of 
Court of Sessions, in each county in this Commonwealth, ses"sfonl 
to provide in the same building, which has been or may 
be provided for the safe keeping of the judicial records 
and files, separate fire proof rooms with suitable alcoves, , 
cases, and boxes, for the safe keeping of all the records, 
files*, papers^ and documents which now remain or shall 



602 FOXCROFT. Feb. 29, 1812. 

hereafter accumulate in the office of Register of Deeds, 
except in those counties where there is already provided 
a fire-proof buildnig, or rooms for the registry of deeds ; 
in which case the records, files, papers, and documents 
which are required by this act, shall be deposited in said 
building or rooms, for the registry of deeds, which is kept 
in the shire town in each county, and also in the office of 
the Register of Probate, where the Register shall reside 
in such town. 

Sec. 2. And be it further enacted^ That it shall be 
Court of ^i^g duty of the Court of Sessions, in each county, to pro- 
provide vide the building or office required by the " Act provid- 
buiicUng;. jj^g fQj. tj^e appointment of clerks of the courts in the 
several counties, and for the safe keeping of the judicial 
records, and for other purposes," within two years from 
the passing of this act. 

[This act passed 29th February^ 1812.] 



CHAP. CLXVI. 

An Act to establish the town of Foxcroft, in the county of 

Hancock. 

Sec 1. X^E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the township numbered five, 
in the seventh range, north of the Waldo Patent, in the 
county of Hancock, be, and hereby is established as a 

^o°rIted"'^°^ town, by the name of Foxcroft, and by the following boun- 
daries, viz. east by the township number four in the same 
range; south by the river Pascataquies ; west by number 
six in the same range ; north by number seven in the 
eighth range. And the said town of Foxcroft is hereby- 
vested with all the corporate powers and privileges, and 
subjected to the like duties and requisitions of other towns, 
accordins: to the constitution and laws of this Common- 
wealth. 

Sec 2. And be it further enacted. That any Justice of 
the Peace, for the county of Hancock, is hereby authorized, 

sufwrrrant.' "po" application therefor, to issue a warrant, directed to 
a freeholder and inhabitant of the said town of Foxcroft, 



PRISONS. Feb. 29, 1812. 603 

requiring him to notify and warn the inhabitants thereof, to 
meet at such convenient time and place as shall be ex- 
pressed in said warrant, for the choice of such officers as 
towns are by law required to choose at their annual town- 



meetmgs. 



[This act passed 29i\\ February, 1812.] 



CHAP. CLXVII. 

An Act in addition to an act, entitled, " An act to regu- 
late Prisons within this Commonwealth. 



Sec. 1. -De it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That whenever any person who is pi^g^oners*. 
or may be imprisoned for debt, on mesne proce&s or ex- 
ecution, shall give bond with one or more sureties, 
approved by the creditor, or two Justices of the Peace, to 
the creditor, in double the amount for which he is in^pris- ■ 
oned, conditioned, that from the time of executijig such 
bond, he will not depart without the exterior bounds of 
the debtors' liberties until lawfully discharged, the gaol 
keeper shall release him from close confinement, without 
requiring any other condition in such bond. 

Sec 2. Be it further enacted. That nothing done 
since the passing of the act to which this act is an addi- Breach of 
tion, shall be considered a breach of any bond which has ^""^ . 
been or may be given to obtain the liberty of the gaol ^^"^ ^^"^ 
yard or debtors' liberties, except the passing over and 
beyond the exterior limits and bounds thereof, as by law 
established for the time being. 

Sec 3. Be it further enacted. That any bond which has „ ,. . 
been or may be given, to obtain the liberty of the gaol of discharg- 
yard or debtors' liberties, shall be discharged and void i"S the bond, 
whenever the principal therein shall surrender himself, or 
be surrendered by his surety, to the keeper of the prison 
where the bond was given, reserving however the right of 
the creditor to recover for a breach thereof before such 
surrender, by suit commenced within one year from such 
breach ; Provided however. That after such surrender, 
said principal shall be entitled, on giving bond anew, to 



604 PLYMOUTH BANK. ^ - Feb. 29, 1812. 

the same privileges as he was or would be, before such 
surrender. 

Sec. 4. Be it further enacted^ That any principal sur- 
rendered by his bail, either on mesne process or action of 
Conditions scire facias against the bail, shall, on giving bond similar 
ofrelease. to that in the first section of this act provided, be released 
from close confinement, in the same manner as if he had 
given such bond after commitment on the original writ 
or execution. 

Sec 5. Be it further enacted^ That this act, and the 
act to which this act is an addition, shall be and continue 
in force and operation until repealed, any limitation therein 
to the contrary notwithstanding. 

[This act passed 29th February, 1812.] 



CHAP. CLXVIII. 

An Act to continue in force the Charter of the Plymouth 

Bank. 



B 



'E it enacted by the Senate and House of 
Representatives in Gerieral Court assembled, and by the 
authority of the same. That an act made and passed the 
twenty-third day of June, in the year of our Lord one 
thousand eight hundred and three, entitled, *' An act to 
incorporate sundry persons by the name of The President 
and Directors of the Plymouth Bank," be, and the same 
is hereby continued in force until the first Monday in 
October next, any thing in the act aforesaid to the contrary 
notwithstanding. 

[This 'act passed 29th February, 1812.] 



COURT OF SESSIONS. Feb. 29, 1812. 005 



CHAP. CLXIX. 

An Act to fix the times of holding the Court of Sessions 
in the respective counties in this Commonwealth. 

Sec. 1. XJE it enacted by the Senate and House of 
Hepresentatives in General Court assembled, and by the ^. ^ „ 
authority of the same, That from and after the first day of Jioiding' 
April next, the times and places for holding the several courts. 
Courts of Sessions shall be as follows, that is to say, 

Widiin and for the county of Suffolk, at Boston, on the 
first Tuesday of January, on- the third Tuesday of April, 
on the first Tuesday of July, and on the first Tuesday of 
October. 

Within and for the county of Essex, at Ipswich, on the 
second Tuesday of April, and on the second Tuesday of 
October. 

Within and for the county of Middlesex, at Cambridge, 
on the first Tuesday of January ; and at Concord, on the 
second Tuesday of May, and on the third Tuesday of 
September. 

Within and for the county of Worcester, at Worcester, 
on the second Tuesday of March, and on the second 
Monday of September. 

Within and for the county of Hampshire, at Northamp- 
ton, on the first Monday in September, and on the third 
Monday in January. 

Within and for the county of Hampden, at Springfield, 
on the second Monday in April, and on the second Mon- 
day in September. 

Within and for the county of Franklin, at Greenfield, 
on the first Tuesday of March, on the third Tuesday of 
August, and on the third Tuesday of November. 

Within and for the county of Berkshire, at Lenox, on 
the last Tuesday of April, and on the last Tuesday of 
September. 

Within and for the county of Norfolk, at Dedham, on 
the third Monday of April, and on the fourth Monday of 
September. 
Ffff 



606 COURT OF SESSIONS. Feb. 29, 1812. 

Within and for the county of Plymouth, at Plymouth, 

on the third Tuesday of March, and on the first Tuesday 

of August. 

hoidin<^^ Within and for the county of Bristol, at Taunton, on 

courts."" the fourth Wednesday of March, and on the fourth 

Wednesday of September. 

Within and for the county of Barnstable, at Barnsta- 
V ^ ble, on the last Tuesday of March, and on the third Tues- 
day of September. 

Within and for the county of Dukes' County, at Edgar- 
ton, on the third Monday of May, andon the first Monday 
of November. 

Within and.for the county of Nantucket, at Nantucket, 
on the third Monday of April, and on the second Monday 
of October. 

Within and for the county of York, at York, on the Tues- 
day next preceding the third Monday of April ; and at 
Alfred, on the Tuesday next preceding the second Mon- 
day of September. 

Within and for the county of Oxford, at Paris, on the 
third Tuesday of March, and on the first Tuesday of 
September. 

Within and for the county of Cumberland, at Portland, 
on the fourth Tuesday cf March, and on the first Tuesday 
of September. 

Within and for the county of Kennebeck, at Augusta, 
on the last Tuesday of April, and on the first Tuesday of 
December. 

Within and for the county of Somerset, at Norridge- 
wock, on the second Tuesday of March, and on the second 
Tuesday of September. 

Within and for the county of Lincoln, at Wiscasset, on 
the third Monday of May ; at Topsham, on the Monday 
next after the fourth Monday of August ; and at Warren, 
on the third Monday of January. 

Widiin and for the county of Hancock, at Castine, on 
the fourth Tuesday of March, on the fourth Tuesday of 
September, and on the third Tuesday of December. 

Within and for the county of Washington, at Machias, 
on the second Tuesday of March, and on the second 
Tuesday of September, annually, in each, and all of the 
respective counties aforesaid. 



NAMES ALTERED. Feb. 29, 1812. 607 

Sec. 2. Be it enacted, That all petitions, com- 
plaints, motions, matters, things and process, of what na- 
ture or description soever, which may on the said first day 
of April next be pending in, or returnable to any Court of 
Sessions which would have been held, had not this act been 
passed, shall stand continued to, be entered at, have day 
in, and be proceeded upon, at the next term of the Court 
of Sessions which shall be holden in any county next after 
the said first day of April next. 

Sec 3. Be it enacted, That from and after the 
said first day of April next, all the laws heretofore made 
and passed, and now in force, determining the times, and 
places for holding the Courts of Sessions, within and for 
the several counties in this Commonwealth, so far only as 
respects the times and places of holding the same courts, 
be, and the same hereby are repealed. 

[This act passed 29th February, 1812.] 



CHAP. CLXX. 

An Act to change the names of certain persons herein 

mentioned. 

XjE 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 
passing this act, that William Andrews, tiie third son of JJi"'!^^ 
John Andrews, of Boston, shall be allowed to take the 
name of William Barrell Andrews ; that John Brown, of 
Boston, son of John Brown of Sterling, in the county of 
Worcester, shall be allowed to take the name of John 
George Brown ; tJiat Elijah Clark, son of Humphry 
Clark, shall be allowed to take the name of Elijah Pope 
Clark ; that William Jarvis shall be allowed to take the 
name of William Charles Jarvis ; that Obadiali Johnson 
shall be allowed to take the name of William Henry John- 
son ; that Susan Ann Lovell, daughter of James Lovell, 
shall be allowed to take the name of Ann Bethune Lovell ; 
that William Machett shall be allowed to take the name of- 
William P. Matchett ; that John Marston shall be allowed 
to take the name of John Melcher Marston ; that Henry 



altered. 



XAINIES ALTERED. Feb, 29, 1812 

Parkman, son of Samuel Parkman, shall be allowed to take 
the name of Samuel Parkman, — all of Boston in the county 
Xames of Suflolk ; that John Buckminster, of Hamilton, shall be 
allowed to take the name of John Butler ; that Elisha 
Hogg, of Danvers, shall be allowed to take the name of 
Elisha Dana ; that x\sa Fletcher, of Danviers, shall be 
allowed to take the name of \\ illiam Asa Fletcher ; that 
Polly Smith, of Salem, shsll be allowed to take the name 
of Mary Larkin Smith, — all of the county of Essex ; that 
Samuel Tubbs, of Pembroke, shall be allowed to take the 
name ofSamuel Tubbs Angler ; that Calvin Dammon, of 
Scituate, shall be allowed to take the name of Calvin 
Damon Wilder, — all of the county of Plymouth ; that Ab- 
ner GifFord, of VVestport, shall be allowed to take the name 
of Abner Browner GifFord ; that Raiman Castino (alias 
Salisbury), and Abigail Castino (alias Salisbury), of 
Westport,shall be allowed to take the names of RaimanCas- 
tino, and Abigail Castino, only, — c:llof the county of Bris- 
tol ; that Baxter Olds, of Brookfield, shall be allowed to 
take the name of Baxter Olds Minot ; that Polycarp Put- 
nam, of Sutton, shall be allowed to take the name of John 
Milton Putnam, — all of the county of Worcester ; that 
Richard Lyman, of Northampton, shall be allowed to take 
the name of ^'illiam Cornelius Lyman ; that Chase Page 
Wedgwood Griffin, of Alfred, in th^ county of York, shall 
be allowed to take the name of Charles Griffin ; that John 
Kimbal, of Augusta, in the county of Kennebeck, shall 
be allowed to take the name of John Sawyer Kimball ; that 
Ebenezer M'Litosh, of Portland, in the county of Cum- 
berland, shall be allowed to take the name of Henry P. 
M'Intosh ; that Moses Chase jun. of Newburyport, shall 
be allowed to take the name of Moses James Chase ; that 
Moses Chase the third, of Newburyport, shall be allowed 
to take the name of Closes Bailey Chase ; that Benjamin 
Gould jun. of Newburyport, shall be allowed to take the 
name of Benjamin Apthrop Goulc% — all of the county of 
Essex. And the said several persons, from and after thepass- 
ing of this act, be called and known by the names which 
bv this act they are respectively allowed to take as afore- 
said, and the same shall be considered as their only proper 
and legal names. 

[This act passed 29th February 1812.] 



COURTS OF SESSIONS. Feb, 29, 1812. 609 



CHAP. CLXXI. 

An Act to conSrm the proceedings of the Justices of the 

Courts of Sessions for the several Counties of Lincoln, 
Washington and Somerset. 

Sec. 1. XJE it enacted by the Senate and House of 
^Representatives in General Court assembled^ and by the 
authority of the same. That the proceedings of the Jus- Proceeding' 
tices of the Court of Sessions holden at Warren, within "f Court of 
and for the county of Lincoln, on the third Monday of 
January last, be, and the same are hereby made valid in 
law, in as full and complete a manner as though a term of 
said court had been holden at Topsham, within and for 
said county, on the first Monday of September last, any 
thing in the law establishing said court to the contrary 
notwithstanding. 

Sec 2. Be it further enacted. That the proceedings of 
the Justices of the Court of Sessions holden at Machias, 
within and for the county of Washington, on the twenty- 
fourth day of December last, so far as it relates to their pas- 
sing upon the county treasurer's accounts and making an 
estimate for a county tax for said county, be, and the same 
are herebv made valid, anv law to the contrarv notwith- 
standing. 

Sec 3. Be it further enacted, That the proceedings of 
the Justices of the Court of Sessions holden at Xorridge- 
wock, within and for the county of Somerset, in the month 
of September last, and at the adjournments of said court, 
since that time, be, and the same are hereby made valid in 
law, any irregularity in the meeting or adjournment of said 
court by the Sherift' notwithstanding. 

[This act passed 29th February, 1812.] 



610 LOCK AND CANAL. Feb. 29, 1812. 



CHAP. CLXXIL 

An Act to empower Solomon Towne to construct a Lock, 
and open a Canal, from Stiles' Pond in the town of 
Boxford, in the county of Essex, to the cotton Hictory 
of said Towne in Boxford. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Solomon Towne, of Salem, 
in the county of Essex, his heirs and assigns, be, and 

poweixd^"^'^^^y are hereby authorized and empowered to construct a 
lock at the south end of Stiles' Pond in said Boxford, for 
the purpose of raising a head of waters in said pond, and 
to open a canal of convenient width and dimensions to 
conduct and draw off the waters of said pond, to the cottCn 
mill or factory, belonging to said Towne, in said Boxford ; 
and that said Towne, his heirs and assigns, shall have lib- 
erty to maintain said lock and keep open said canal, and 
to pass and repass to and from the same, for the purposes 
of keeping the same in repair and of heading the waters of 
said pond, and drawing the same at all times forever. 
Sec 2. And be it further enacted, That if any person 
- or persons, through whose lands the said canal shall pass, 
shall suffer any damage by means of the same, and the 

provSedfor. P^^^ies cannot agree upon the amount or \'alue of the dam- 
ages thus caused, nor upon some suitable person or per- 
sons to estimate the same, then and in such case, some 
disinterested person or persons shall, on petition therefor 
by the party claiming damage, be appointed by the Cir- 
cuit Court of Common Pleas, holden within and for said 
county, after notice to the adverse party ; and the deter- 
mination and report of the referee or refereesjso appointed, 
made in writing and returned by them to the next Circuit 
Court of Common Pleas for said county, shall be the 
measure of such damages ; and the said court, if they 
see no sufficient reason to the contrary, shall render judg- 
ment thereon, and issue execution therefor. Provided 
nevertheless. That the said court, on application and 
request of either of the parties, shall issue a warrant to the 



ANDROSCOGGIN RIVER. Feb. 29, 1812. 611 

SheriiF of said county, or, in case he is interested, to some 
Coroner of the same county not interested, naming such 
SherifFor Coroner, directing him to summon and impan- 
ncl a jury of twelve good and lawful men, who shall be 
sworn to make a true and faithful appraisement of the dam- 
ages sustained, and their verdict shall be returned by the 
officer to said court, and when there allowed and record- 
ed, judgment shall be rendered thereon and execution 
issue accordingly. 

[This act passed 29th February, 1812.] 



CHAP. CLXXIII. 

An Act in addition to an act, entitled, " An act for incor- ' 
porating of certain persons for the purpose of making, 
laying and maintaining side booms in Androscoggin 
river. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the proprietors of side booms Proprietors 
in Androscoggin river be authorized and empowered to authorized. 
extend side booms above the lower falls in Androscoggin, 
at any suitable place or places within the limits of Topsham 
and Brunswick. 

Sec. 2. Be it further enacted, That the said corporation 
shall be entitled to and receive of the respective owner or 
owners of logs and other lumber by them stopped in their 
side booms, above said falls, rafted and properly secured 
for the owner, the following respective fees, viz. for each Rate of fees 
mast, fifty cents ; for each log or logs sufficient to make a 
thousand feet of boards, thirty cents ; for each boom, fift}- 
cents ; for each bow-sprit, fifty cents ; for each ton of oak 
timber, twenty-five cents ; for each ton of pine timber, 
eighteen cents ; for each hundred feet of ranging timber, 
twelve cents ; for each thousand of staves, twelve cents ; 
for each thousand of clapboards, twelve cents ; and for any 
other kind of lumber in the same proportion. Provided provisr-. 
nevertheless, That the fees aforesaid shall at all times be 
subject to the revision and alteration of the Legislature. 



612 ANDROSCOGGIN RIVER. Feb. 29, 1812, 

Sec. 3. Be it further enacted^ That if any owner or 
owners of any interval or other lands in the towns of Bruns- 
wick or Topsham, shall receive damage by the layi ng and 
making any side booms, either above or below the lower 
falls in Androscoggin river, such person or persons so 
damaged may apply to the Circuit Court of Common Plea^ 
to be holden for the county in which such damage may. 
Court accrue, within one year next after such damage arises, 

onze . y^j^jj,]^ courts are hereby authorized and empowered by 
warrant under the seal of said court, to appoint three dis- 
interested and discreet freeholders of the same county, to 
appraise the yearly damage done to the owner or owners of 
any lands,by making and laying of any side boom or booms 
within either of the towns aforesaid ; and said commission- 
ers, or a majority of them, shall make return of their doings 
to the next court to be holden for the same county, which 
being returned, allowed, and recorded, and judgment 
therein rendered, shall be a sufficient bar to any action to 
be brought for any damage by reason of the laying of said 
side boom or booms. 

Sec. 4. And he it further enacted^ That the commis- 
Commission- sioners appointed as aforesaid, shall, before they proceed 
sworn. ^ to appraise the damage as aforesaid, be sworn to the faith- 
ful discharge of their trust and give ten days notice at least 
to all persons known to be interested ; and their result 
and judgment thereon shall be the yearly damage until 
the owner or occupant of such land, or the proprietors of 
the side booms aforesaid, shall, on a new complaint td the 
said court, in manner aforesaid, obtain an increase or de- 
crease of said damage ; and the party entitled to such 
yearly damage, on the non-payment thereof, annually, by 
said proprietors, whether he be party to the record, his 
heirs, executors, administrators, or assigns, may have an 
action of debt,^rounded on such record, to recover the 
same ; and the party prevailing in any complaint or action 
aforesaid shall be entitled to his full legal costs. 
[This act passed 29th Fehruanj^ 1812.] 



CHRISTIAN MONITOR SOCIETY. Feb.29,lS\2. 613 

CHAP. CLXXIV. 

An Act to incorporate the Christian Monitor Society. 

Sec. 1. JjE it enacted by the Senate and House of 
Ttepresentatives in General Court assembled, and by the 
authority of the same, That John Latbrop, Ehphalet Porter, j,^^.^^^^ ;„. 
John Prince, Thaddeus Mason Harris, John Bradford, corporated. 
Horace Holley, Samuel Carey, Jacob Fhnt, Henry Colman, 
James Morrill, Ehsha Clap, and those who may associate 
with them, be, and they hereby are erected into a body 
corporate, by the name of The Christian Monitor Society, 
and by that name shall have all the rights of a corporation, 
during the pleasure of the Legislature. 

Sec. 2. Be it further enacted^ That the said Christian Empowered 
Monitor Society, shall have power to choose such officers ^^'J^^'^J^f*' 
as said society may think necessary, for the well ordering 
of the affairs of said society, and to establish such rules, 
regulations, and by-laws, as mny be necessary and proper 
for the admission of members, and carrying into effect 
the objects of their institution, provided the same be not 
repugnant to the constitution and laws of this Common- 
wealth. 

Sec 3. Be it further enacted. That the said society Limitadon 
shall never own or possess property to a greater amount of property. 
than ten thousand dollars. 

Sec 4. Be it further enacted. That the only power and 
authority hereby vested in said society, besides the power 
and authority herein before given, is to publish from time ^^^'^°^'^^ 
to time one or more volumes, containing original and se- 
lected tracts, information, and essays, on the nature and 
evidence of divine revelation, and the duties which it incul- 
cates; «nd to manage and appropriate the funds which 
said society may possess, for the above mentioned pur- 
poses. 

Sec 5. Be it further enacted, That any Justice of the j„st;ce 
Peace, in the county of Suffolk, be, and he hereby is author- autUoii/sed. 
ized to call a meeting of the members of the society, by 
notice in one or more newspapers printed in the town of 
Boston, on request of any two of the persons above named; 
and the persons who may convene, in virtue of such 



MERRIMACK RIVER. Feb. 29, 1812. 

notice, may proceed to organize said society, at that meet- 
ing, or at any adjournment of that meeting. 

[This act passed 29th February^ 1812.] 

CHAP. CLXXV. 

An x\ct in further addition to an act, entitled, " An act to 
regulate the catching of salmon, shad, and alewives, and 
to prevent obstructions in Merrimack river, and in the 
other rivers and streams running into the same, within 
this Commonwealth, and for repealing several acts here- 
tofore made for that purpose." 

Sec. 1. JJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That any person who shall be con- 
victed of catching any salmon, shad, or alewives in Mer- 
contiary to rimack river, or any river or stream centering to, or running 
^'■^^'■'- into the same, or shall drag any seine or drag-net, or set 

any net or pot, or use any other machine for the purpose 
of catching any of the said fish in the said rivers or streams, 
within this Commonwealth ; at any time or place other 
than is allowed by the act to which this is in addition, 
shall forfeit and pay, for each offence, a fine not less than 
seven dollars, nor more than thirty dollars, at the discre- 
tion of the court before which trial shall be had, according 
to the aggravation of the offence, any thing in the act to 
M hich this is in addition to the contrary notwithstanding. 
Sec. 2. And be it further enacted. That from and after 
the passing of this act, every town in this Commonwealth, 
bordering on Merrimack river, and in which there are any 
ponds, rivers, or streams, centering to, or emptying them- 
selves mto Merrimack river, where salmon, shad, or ale- 
wives do or would (if not obstructed) go up to cast their 
V ■ -wnrd- spawn, shall, at their annual meeting in th-^ month of March 
i-e or April annually, choose by ballot, at least six suitable 
and fit persons as fish-wardens, any law or usage to the 
contrary notwithstanding. 

Sec 3. Be it further enacted. That if any person shall 
be foimd in any way aiding or assisting in unlawfully fishr 
ing, on conviction thereof he shall be adjudged guilty of 



ten. 



FRIENDS' ACADEMY. Ftb, 29, 1812. 615 

a breach of the act to which this is in addition, and shall PenaUy for 
forfeit and pay the same fine as is provided in this act for 
actually fishing on unlawful days. 

Sec. 4. And be it further enacted^ That the powers 
given to fish- wardens, in the act to which this is in addition, 
shall be transferred to the Selectmen of the several towns, 
where this law can operate or have force, so far as relates 
to the opening and preventing obstructions in or across 
the said Merrimack river, or any of the rivers or streams 
running into the same ; and it shall be the duty of the Duty of 
Selectmen of the three nearest or next adjoining towns, selectmen. 
where any obstructions are or may be formed in or across 
said rivers or streams, or the major part of such Select- 
men, to remove or cause to be removed, after twenty-four 
hours notice given to the owner, builder, or occupier, all 
obstructions to a free and suitable passage of said fish up 
and down the said rivers and streams : and if the owner, 
builder, or occupier of an} dam or other obstruction shall 
refuse or neglect, for the space of twenty-four hours after 
notice given as aforesaid, to remove such dam or ob- 
struction, or such part thereof as the Selectmen shall direct, 
the Selectmen shall cause the same to be removed at the 
expense of the owner, builder, or occupier thereof. 

Sec 5. And be it further enacted^ That all fines and Fines, for-^ 
forfeitures incurred by any breach of this act, or the act ^*^''^'^'"'-^» ^^• 
to which this is in addition, and not exceedin^ten dollars, 
shall inure wholly to the fish-warden complaining; and 
all fish found, taken on unlawful days, shall be the prop- 
erty of the fish-warden finding them. 

^ [This act passed 29th February, 1812.] 



CHAP. CLXXVI. 

An Act establishing an Academy in the tovvn of New 
Bedford, in the county of Bristol, by the name of 
Friends' Academy. 



HEREAS the encourag-ement of litera- 
.... '-" 

ture m the nsmg generation, has been considered by the Preamble. 

wise and good, as a basis upon which the safety and hap- 
piness of a free people greatly depend. And whereas 



616 FRIENDS' ACADEMY. -Pe'^. 29, 1812. 

William Rotch has built a convenient house for an acad- 
emy in New Bedford, in the county of Bristol, for that 
purpose, and he and his associates have subscribed up- 
wards of ten thousand dollars, for a fund thereto, and 
have petitioned this court for an act of incorporation. 

Sec. 1. Be it enacted by the Senate and House of Hep - 
resentatives in General Court assembled, and by the au- 
thority of the same, That there be, and hereby is estab- 
Academy in- Tislied in the town of New Bedford, in the county of Bris- 
corporated. tol, an academy, by the name of Friends' Academy ; for 
tlie purpose of promoting piety and virtue, and for the 
education of youth, in such languages and in such lib- 
eral arts and sciences as the trustees hereafter provided 
shall order and direct. 

Sec 2. A?id be it further enacted, That William Rotch, 
Trustees ap. Elisha Thornton, Thomas Arnold, Samuel Elam, Samuel 
poin e . Rodman, William Rotch jun. William Dean, Abraham 
Shearman jun. and James Arnold, be, and they are hereby 
appointed trustees of said academy, and they are hereby 
incorporated into a body politic, by the name of The 
Trustees of Friends' Academy ; and they, and their suc- 
cessors shall be and continue a body politic and corpo- 
rate by the same name forever. 

Sec 3. Aitd be it further enacted. That the said 
trustees, and their successors, shall have one common 
Sealofoffice. Seal, which they may break, change and renew, from time 
to time, as they shall see fit ; and they may sue and be 
sued in all actions real, personal and mixed, and prosecute 
and defend the same to final judgment and execution ; by 
the name of The Trustees of Friends' Academy, and may 
appoint an agent or agents to prosecute or defend such 
suit or suits. 

Sec 4. And be it further enacted, That the said William 
Empovrered Rotch and Others, the trustees aforesaid, and their succes- 
lo elect offi- J, 1^^ ^^^ ^Y\ty are herebv made the visitors, trustees, 
and governors of the said academy in perpetual succession 
forever ; to be continued in the way and manner hereinaf- 
ter specified, with full power and authority to elect such 
officers of the said academy as they shall judge necessary 
and convenient ; and to make and ordain such laws, orders 
and rules, not repugnant to the laws of this Common- 
wealth, for the good government of said academy as to 
them shall seem fit and requisite. 



cers. 



HIGHWAYS AND BRIDGES. Feb. 29, 1812. 617 

Sec. 5. And be it further enacted^ That the number of jjumber 
the trustees aforesaid shall not at any time be more than limited, 
fifteen nor less than nine, four of whom, at least, shall be 
necessary to constitute a quorum for transacting business. 

Sec. 6. And be it further enacted, That whenever 
one or more of the trustees aforesaid shall die or resi.^n, Vacancies 
or in the judgment of the major part of the trustees shall ^^^^ 
be rendered incapable, by age or otherwise, of discharging 
the duties of his office, or disqualified by any rule or order 
they may have established ; the trustees then surviving may 
elect one or more persons to fill the vacancy or vacancies. 

Sec. 7. And be it further enacted, That the trustees 
aforesaid, and their successors, be, and they are hereby 
rendered capable in law, to take and hold, by gift or grant, 
devise, bequest, or otherwise; any land, tenements, or other 
estate, real or personal, which have heretofore been given, 
or subscribed, or which may hereafter be given or sub- 
scribed, for the purpose aforesaid. Provided, The annual Proviso. 
income of said real and personal estate shall not exceed 
the sum of ten thousand dollars ; and all deeds and in- 
struments which the said trustees may lawfully make, 
shall be sealed with their seal, and bind the trustees and 
their successors, and be valid in law. 

Sec. 8. And be it further enacted, That Samuel Rod- pj^st 
man be, and hereby is authorized and empowered, toap- meeting-, 
point the time and place for holding the first meeting of 
said trustees, and notify them thereof. 

[This act passed 29di February, 1812.] 



CHAP. CLXXVIL 

An Act appropriating certain fines for the repairing of 
Highways and Bridges. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That all fines which shall hereafter 
be imposed by the Supreme Judicial Court, or by the Appropria- 
Circuit Court of Common Pleas, within this Common- *'°" °^ ^"^''■ 
wealth ; on any town, for any neglect in making or repairing 
any highways or bridges within the same, shall be appro- 



618 HIGHWAYS AND BRIDGES. Feb. 29, 1812. 

priated and disposed of for the making- and repairing the 
highways and bridges so defective as aforesaid. 

Sec. 2. And be it further enacted^ That the Justices 
of the Supreme Judicial Court, or of the Circuit Court of 
Conmion Pleas, shall at the session ; when any such fine 
shall be imposed as aforesaid, appoint one or more person 
or persons to superintend the collection and appropriation 
Collectors to j- ^j^^ same for the purposes aforesaid ; whose duty it shall 

be appoint- , _ i * ., • - if i i 

ed. be to attend to the collection ol such tine, and the appro- 

priation thereof in manner aforesaid ; and shall make return 
of his or their doings therein to the court that may have 
imposed said fine, whenever thereto by them required. 
[This act passed 29th February^ 1812.] 



BJSTD OF JAJVUARY SESSIOJW 1812. 



INDEX 



TO THE LAWS PASSED BETWEEN THE 31st MAY, 1809, AND THE 
1st MARCH, 1812. 



Academy, Monmouth Free Grammar School, changed into an, 25 

Friends, in New Bedford, established, - - 615 

Saco, do. - - 262 

Association, Mechanic Franklin in Marblehead, incorporated, - 34 

Newburyport Mechanic, do. - 139 

Castine Mechanic, do. - - 543 

Broad Street, Boston — additional, - » - - 511 

Attorney and Solicitor Generals, and County Attornies, first Sec. of 

act respecting offices and duties repealed, - - 37 

do. revived, - - - - _ 393 

Actions, real, limitation of — additional, - - - - 121 

where to be prosecuted by or against a county, - 224 

of Scire Facias, defendants relief of, - - 320 

Athenaeum, Newburyport, ----- 76 

Salem, - - - - - - 143 

Annexation, to Berkley, ------ 53 

Becket, - - - - - 111 

Princeton, - - - . - - 62 
Wayne, - - - - - - 68 

Fairfax, - - - - - - I15 

Jay, ---... 130 

George and Benjamin Manson, to Winthrop, - 8-2 

.. Samuel Floyd, to do. - 98 

Thomas Sanderson and others, to Whateley, - 145 

Edward Cole, to Tetiquot parish in Middleborough, 236 

Joshua Chase, to north parish in Sutton, - 365 

John Ellis jun. to Walpole, - - - 411 

Gideon Hawley, to Sandwich, - - .- 329 

Charles and James Morris, to first parish in Gorhara, 306 
James Parmele and others, to Baptist Society in West 

Stockbridge, - - - - 45 1 

Thirty Mile Strip, to Readfiel<^, - - - 9 

Daniel Rogers, to Brewster, - - - 411 

Samuel Spofford, to second parish in Boxford, - 230 

Sharon, part to Walpole, ... 397 

Isaac Smith and Jobn Ellis, to Walpole, - - 41 1 

Tyringham, part of, to New Marlboroueh, - rj52 
Hhhh 



INDEX. 

Annexation of Peter Tufts, to Charlestown, . - - 397 
Elias Smith, to Amherst, - - - 363 
Asa Worthley, to first parish in North Yarmouth, 229 
Henry Sawin, to Waterford, - _ - 269 
Buck's Harbour, to Machias, - - - 292 
Wilton, part of, to Chesterville, - - - 270 
Samuel Wentworth and others, to north parish in Ber- 
wick, _ - _ . - 446 
Deerfield, to Conway, . _ , - 408 
No. 4, to county of Hancock, . - - 430 
Isaac Walker and J, Brewer, to Tyringhara, - 523 
Samuel Carr and Joseph Wingate, to Hallowell, 536 
John Nutting and others, to Amherst, - - 545 
John Harris, to third parish in Roxbury, - 558 
Daniel Foot, to Pittsfield, . - - - 594 

Asylum, Wiscasset Female, incorporated, _ . . 299 



Boston Board of Health, additional, excusing members from military duty, 1 1 
additional act, - - - - 221 

.. to secure against fire, do. - - - 245,482 

.. act regulating the collection of taxes, repealed, - - 448 

.. streets, paving of, regulated, additional act, - - - 32 

.. Livery Stables, ------ 373 

Bridges, Somerset, proprietors incorporated, - - - 27 

between Cambridge and Brighton, additional act, - - 54 

West Boston, do. - - 197 

over Androscoggin river at Lev/iston, do. - - 283 

Lincolnville, fourth Section of act explained, - - 348 

over Merrimack, between Haverhill and Newbury, additional 

act, ------- 360 

Sunderland, proprietors incorporated, - - 432, 546 

over Deerfield river, at Williams' Ferry, additional act, 592 

.. North river, in Dan vers, authorized, - - 546 

Norfolk exempted from building, &c. - - - 591 

and Highways, certain fines appropriated, - - 617 

Banks, to adopt the stereotype steel plate, - - - - 46 

notes, payment of, to enforce, _ - _ - 47 

Gloucester, additional act, - - - - - 105 

Merchants', incorporated, - - - - 494, 509 

State, do. - - - - - 501 

Real estate to be taken for debts, - . - - 527 

Plymouth, charier continued, . . _ - 604 

Braintree, proprietors of new meeting-house incorporated, - 378 

Bartlett Samuel, administrator, authorized to convey estate, - 455 

Biddeford, assessment and collection of taxes in second parish, directed, 449 
Bath, first parish authorized to raise money, - . - 559 

Byfield, proprietors of ministerial fund incorporated, - - 599 

Booms, side, in Androscoggin river, additional, - - 611 



INDEX. 

C 

Courts, Supren\e Judicial, Justices' salary established, additional act, 13 

Reporter of decisions, continued, - 135 

May term in Plymouth discontinued, - 214 
times for holding in Middlesex, Worcester 

and Berkshire, altered, - 334 
times for holding in Norfolk, Bristol, Plymouth 

and Barnstable, altered, - - 335 

.. Judicial, clerks to be appointed by the Governor, - 390 

officers of, prohibited from buying notes, See. - 471 

.. Common Pleas, Middlesex, two extra sessions provided for, 23 

Suffolk to purchase lands for Court House 108 

Norfolk, April term altered, - - 130 

two Justices to transact business in certain 

cases, - - - - 150 
». Somerset, times and places for holding de- 
termined, - _ - . 246 
Circuit established, ... 424 
.. Probate in Hampshire, places for holding, additional, - 7 
Oxford, Judge, provision for further allowance, 143 
York, do. do. - 343 
Franklin, do. do. - 536 
Kennebec, do. do. - 526 
Hancock, do. do. - 556 
Judges may alter times for holding, - - 570 
times for holding in the several counties, - 605 
.. Sessions in Washington, empowered to erect a gaol in Eastport, 7 
power transferred to Common Pleas, &c. - 22 
re-established, - - . - _ 492 
supplementary act, - - - - 5 14 
proceedings in several counties confirmed, - 609 
Corporation, Salem India Wharf, established, - - - 18 
Derby Wharf, Salem, - - - - 1 J2 
Union do. Lynn, - - - - 122 
Lechmere point, - - - - -136 
Middlefield Free Stone, - - - - 146 
Union Wharf, Salem, .... 202 
Lynn Mineral Spring, - - - - 215 
Sandy Bay Pier, - - - - - 307 
Ware Mining, . - - - . 343 
North West River Canal, - - - . 400 
Merrimack Boating, . - _ . 408 
Mill, enabled to divide their estate, - - - 1 2 
.. _ for laying, &c. side Booms in Androscoggin river, additional, 6 1 1 
Canal, Middlesex, additional, - - - - 23, 280 
Hancock Brook, - - - - - 317 
Buxton, proprietors of Canals, 8cc. on Saco river, act to incor- 
porate, -- - - . - -441 
Upper, on Connecticut river, act continuing act respecting toll, 534 
and Locks on Connecticut river, act altering the toll, continued, 537 
Charlestown, to secure against fire, - - - - 57 
College, Harvard; constitution amended, - 200, 593 



INDEX. 

College, Hopkins' charity, additional, - - - - 456, 55$ 

Cow Pox, for diffusing benefit of, - - - - - 204 

Conway, Deerfield, and Whatley, limits defined, - - 408 

Counties, manner of conveyance and purthase of lands, - - 484 

D 

Dogs, supplementary act, - - . - - 362 

repealed, - - - - 513 

Debtors, poor, for relief of, - - _ . - 365 

Divorces, further regulated, - - . . - 369 



Exchange Coffee House, additional, - - - - 96 

Electioiis, for regulating, - ... - 223 

of town officers, - - - - - - 392 

Estates, wherein Judges of Probate may be interested, - - 261 

rateable to be ascertained, - - - - - Sll 

Eden, the title of a lot of land confirmed, ... 277 

Executions, officers directed in the levy of, - - - - S24 

and warrants of distress for enforcing against certain Cor- 
porations, ----- 380 

F 

Fish, Neponset river, act and resolve repealed, - - - 61 
.. Seven Mile Brook in Vassalborough, - - - 68,148 

.. Mouth of Stoney Brook, Chelmsford, ... 79 

.. Machias, ------- gg 

.. for preservation in Penobscot river, Sec. . , - 329 

.. Damariscotta River, - - - - - - 144 

.. Pickled, to prevent fraud, &c. - - - - 208 

.. taking in St. Croix I'iver, regulated, - - 32 1 

Island river in Maiden, do. - - 364 

Ipswich river, do. - - 365 

Mill river and brook in Duxbury, do. - - 374 

Mattapoiset river, do. - - 465 

Pembroke, supplementary ^ct, - - - 482 

West Cambridge, do. - - 552 

Manatiquat river, in Braintree, additional, - - 591 

Merrimack river, do. - 614 

.. regulating act for Ipswich, Hamilton, and Wenham, repealed, ibid. 

.. Nehumkeage stream, in Pittston, exempted, - - - 534 

Franklin county established, - - - - - 467,571 

G 

Gun Powder, for safe keeping in Cambridge, - - ' - 44 

inspection and manufacture of, regulated, additional, 205 

Inspectors to be furnished with howitzers to prove, - 303 

Groton, empowered to sell certain real estate, - - - 551 



INDEX. 
H 



Harwich, act respecting meadows and beaches in part repealed, . 291 

Hospital General, incorporated, ----- 339 

Hull, proprietors of undivided lands incorporated, - . - 458 

Hampden county incorporated, - - - - . 563 



Insurance, Social Company in Marblehead, established, 13, 243, 384 

Marine, Beverly, established, - . - 39 

Union Marine and Fire, Newhuryport, - - - 95 

do. Mason and others, additional act, - 273 

Duxbury Marine, . - . _ _ 354 

Beverly do. - - - - - 228, 384 

Incorporation of towns, Calais, - - - - _ 3 

Easthampton, - - - - II 

Whitefield, - - - - 26 

Bethlehem with Louden, - ' - 33 

Orange, - - - - -83 

Eliot, - - - - - 109 

Tolland, - - - _ _ 237 

Exeter, ----- 262 

New Charlestown, - - - . 266 

Garland, - - - - 267 

Robbinston, - - - ' _ 268 

Eudington, - - - - 285 

Putnam, - - - - . 352 

Corinth, - - - - 40O 

Otis, formerly Louden, - - . 227 

Alna, do. New Milford, - - 373 

Carmel, - - - - - 413 

Lubeck, - - - - 414 

Randolph, additional act, - - - 452 

West Boylston, do. - - - 231 

». HoUis, formerly Phillipsburg, - - 5 II 

Bingham, - - - - 51s 

Berlin, - - - - - 5I6 

Dearborn, - - » . 547 

Kingville, - - - - _ 543 

Brewer, - - - - ^ 550 

Fairhaven, - - - _ .^ 554 

South Reading, - - - _ 555 

Phillips, - - - - - 557 

Seekonk, - - - - 558 

North Brookfield, - - - - 583 

Sebec, ----- 587 
Foxcroft, ----- 602 

Indians, Chappaquiddick lands to be assigned, - - - I04 

8cc. Gay head for the better regulation of, - - - 488 
li ii 



INDEX. 

K 
Kennebeck county, additional act, - - - - 60 



Lands, reserved, provision for location, - - - - 336 

Lime stone, and casks, additional act for regulating, - - 85,376 

Lines betvi'een Chester, Goshen, and Williamsbur^jh, established, 63 

.. Gardiner and Litchfield, do. - 194 

Lincoln and Kennebeck, altered, - - 290,596 

Vassalborough and Harlem, additional act, - 288 

Byfield, and 1 st & 3d parishes in Newbury, and east parish 

in Bradford, - _ - - . 5 

east and west parishes in Pittston, - - 116 

Blandford and Chester, - - . - 227" 

Dana and Greenwich, - - - - 396 

Conway, Whatley, and Deerfield, - . - 408 

Lotteries, Amoskeag, Commissioners to settle accounts, - 222 

Dixville, do. do. - - - 240 

for repairs in Plymouth Beach, - . - 585 

Louden, hereafter to be called Otis, - - - - -327 

M 



Cotton 


> in Plymout 


h, incorporate 


d, 


* 




10 


•• 


Orange, 
Sharon, 


do. 
do. 






- 


233 
256 


., 


York, 


do. 


- 




. 


257 


^• 


Hopkinton, do. 
Danvers, do. 




- 




460 
139 


•• 


Hopkinton and Framin 
Bristol, incorporated, 
Norfolk, additional. 


gham. 




476 
512 
590 


Cotton 


and Woolen 


, Winthrop, incorporated 
Marshfield, do. 


, 55 

429 


,, 


, , 


Gardiner, 




do. 




111 


•• 


•■ 


Northampton, 

Kingston, 

Holden, 


do. 
do. 
do. 




233 
284 
387 


., 


• » 


Turner, 




do. 




389 


., 


,, 


Frankfort, 




do. 




525 


JNIerino Wool, 
Cotton and Linen, 


Dudley, 

Agawam, 




do. 
do. 


82 


524 
, 538 


Cotton 


and Iron, 


Dorchester, 




do. 




383 


Copperas, 
Duck and Twine, 


Winthrop, 
Portland, 




do. 
do. 




445 
260 


Glass, 




Cheshire, 

Boston, 

Franklin, 




do. 
do. 
do. 




8 

18 

516 


Hats, 




Boston, 
Portland, 




do. 
do. 




97 

2 29 


Iron, 




Gardiner, 




do. 




27 1 



do. 


109 


. 


255 


do. 


371 


do. 


535 


do. 


590 


do. 


598 


• 


151 


- 


363 


- 


244 


- 


229 


. 


291 



INDEX. 

Manufacturing Companies, Leather, Hampshire incorporated, 2 1 

Nail, Maiden, 

Salem Iron, authorized to purchase, 
Woolen, Sutton and Charlton, 
Birmingham, 

Housatonuck, Pittsfield, 

Wire, Newton, 

Militia, for regulating, &c. - - . - 

fishermen exempted, . - - - 

Machias, proprietors of meeting-house, incorporated, 
Bucks Harbour Neck annexed to, 

Mattakesset Creeks, in Edgartown, additional act, 

N 

Names of certain persons changed, - 24,198,231,337,431,607 

Nicks' Mate Island, for securityrof, - - - - - 134 
Nantucket, proprietors of the second Congregational Meeting-house 

incorporated, ----- 247 
proprietors of the first Congregational Meeting-house, 

incorporated, - - - - - - . 282 

New Milford, called AIna, ------ 373 

Newburyport, to secure from fire, - ■• - - - 385 

collection of taxes regulated, - - - - 436 

North Mill Dam, at Newton lower falls, for relief of proprietors, 485 

O 

Oaths, for relief of persons scrupulous about taking, - - - 375 

P 

Parishes, Pittston, divided into two, - - - - 116 

Pier, Kennebunk, provisions of an act incorporating, extended, - - 10 
Prisons, supplementary act for regulating, - - - - 38, 603 

additional act for regulating, - - - - - 366 

State, for government, &c. - - - . _ 418 

.. Suffolk, to regulate, - - - - - - - 479 

within the State, debtors' liberties, ----- 50s 

Precinct, 2d in Plymouth, in«>orporated, 84 

Prosecutions, criminal, time for payment of costs limited, - 134 

Plymouth empowered to choose a Board of Health, - - 88 

Phillipsburgh, name changed to Hollis, - - - 511 

R 

Representatives,manner of paying directed, - - - - 513 

in Congress, State districted for choosing, - - 576 

Records of Deeds and Probate, act for safe keeping, - - - 601 



INDEX. 



Societies, Antipsedobaptist, in New Portland, incorporated, 




147 


Agricultuial, in Berkshire, 


do. 


- 


- 


297 


• • •• 


Oxford, 


do. 


- 




570 


First Baptist, in Ashby and Fitchburgh, 


do. 


- 


- 


234 


.. •• 


Bellingham, 


do. 


- 




273 


•• •• 


Belfast, 


do. 


- 


- 


278 


.. 


Amesbury, 


do. 


- 




296 


•• «. 


Waterboro', Phillipsbu 


rgh. 


md Lyman 


do. 


309 


.. 


and Ijidependent, in Cb 


ester 


, incorporated, 


325 


•• 


Newbury and Newburyport, 


do. 


332 


, .529 


„ .. 


Woolwich, 




do. 


- 


394 


. •. 


Rowley, 




do. 


- 


398 


• • •• 


Saco, 




do. 


- 


406 


,, 


Hiram, 




do. 


- 


413 


«> •■ 


Woburn, 




do. 


- 


434 


.>. •• 


Medfield, 




do. 


- 


438 


,, 


Fairfax, 




do. 


- 


405 


«• t* 


Carver, 




do. 


- 


446 


.. ,, 


Gloucester, 




do. 


- 


453 




Kitttery, 




do. 


- 


475 




Hallowell, 




do. 


- 


479 


e« •• 


Sidney, 




do. 


- 


486 


,^ 


Limington and Limerick, 


do. 


- 


489 


.. 


Salisbury, 




do. 


- 


532 


Bible, 


Massachusetts, 




do. 


- 


56 


.. 


Merrimack, 




do. 


- 


93 


,, 


Maine, 




do. 


- 


118 


.. 


Salem, 




do. 


- 


322 


First Congregational, in Tyringhani, 




do. 


- 


1 




Vassalborough, 




do. 


- 


251 


•• 


Savoy, 




do. 


- 


269 




Lyman, 




do. 


- 


295 


.. 


Buxton, 




do. 


- 


350 




Bath, additional act, 


- 


- 


- 


372 


.. 


Sullivan, 




do. 


- 


477 


.. 


Charlestown, additional, 


- 


. 


582 


Episcopal 


Methodist, Lenox, 




do. 


- 


440 


.. 


Provincetown, 




do. 


- 


460 


.. 


Protestant, St. Andrew's Church 


, Scituate, incor. 


304 


German 


in Waldoboroug 


h, to 


sell land. 


- 


120 


Independent Christian Baptist, in Weils, incorporated. 




403 


Methodist 


in Durham and Pownal, 




do. 


- 


106 




Thomaston, 




do. 


- 


249 


First .. 


Falmouth, 




do. 


- 


S76 


.. 


Winthrop, 




do. 


- 


346 




Falmouth and Sandwich, 




do. 


- 


367 


.. First .. 


Salisbury, 




do. 


- 


417 


„ ,, 


Otisfield, 




do. 


- 


428 


.. North .. 


Hallowell, 




do. 


- 


472 


Religious 


first parish in Shapleigh, 


- 


- 


- 


194 


Third Re 


igious, Augusta, 




do. 


- 


32 


Congrega 


tional Parish, Easton, 




da. 


- 


117 



INDEX. 

Societies, Second Religious, Wiscasset, incorporated, - - 361 

Biddeford, assessment and collection of 

taxes directed, - - 449 

Universal Christian, Freeport, incorporated, 140 

First .. Fryburgh, do. - 241 

Charlestown, do. - 348 

Farmington, do. - 473 

Salisbury, do. - 549 

Salem, do. - 588 

United Mechanicks, Bangor, do. - 143 

Union Religious, Weymouth and Braintree, do. - 275 

St. Peter's Church, Salem, additional act, - - 235 

for Theological Education, do. - 574 

Christian Monitor, do. - 613 

Senators, Sec. Commonwealth districted for choice of, - - 517 

Somerset County, additional act, - - - - 36,253 

State debt, provision for payment of two fifths and one fifth, - 203, 252 

School Districts, supplementary act, - - - - 410 

Hopland, additional act, . - - 272 

Lands, in Baldwin, sale authorized, - - - » 519 

Sheriffs, tenure of office limited, - . - - 481 

duties of, with coroners and constables, defined, - - 525 

Secretary to give certificates for release of seamen, gratis, - 514 



Towns, power, and for choice of officers, additional, - - 30 

repealed. - - 54 

officers, choice of, and town meeting, regulated, - - 392 

Trustees of donations to Protestant Episcopal Church, - - 131,259 

Grammar School fund, in Lincoln, incorporated, - 286 

Minors' property, to give bond, - - " 326 

Ministerial fund in Jay, incorporated, - - - 70 

Andover, - _ . 63 

Woburn, - - - - 72 

Templeton, - . - 289 

Fryburgh, additional act, - - 81 

Lovel, - - - - 292 

Watertown, incorporated, - - 540 

Standish, do. - - 561 

School funds in Gray, do. - - 237 

Springfield, do. - - 124 

Sumner, - . - . 595 

Ministerial and School, Farmington, - - 301 

Otisfield and Harrison, - - 462 

Bethel, - - . 344 

Brewster, - - - 358 

New Sharon, - - 529 

Baptist Seminary in West Springfield, - - 521 

Treasurer, county, tenure of office limited, - - _ 450 

time and manner of exhibiting accounts and estimates, 

directed, ._--_. 433 

Turnpike Corporations, Worcester and Stafford, additional act, 25, 196 

Granville, incorporated, - - - - 38,551 



INDEX. 

Turnpike, Brush Hill, additional act, > - . - 80 

Boston Neck, - - - - - - 128 

Worcester and Sutton, - - - - 129 

Woburn and Dracut bridge, - . _ _ 205 

Union, additional act, - - - - - 221 

Middlesex, - - . . 225, 370, 412 

Worcester and Fitzwilliam, charter extended, - 245,537 
Alfred and Egremont, further time to finish allowed, 257, 478 

Tyringham and Sandisfield, incorporated, - - 258 

Wrentham and Walpole, further time to finish allowed, 259 

5th Massachusetts, additional act, - - - 265 

Housatonick river, further time to finish allowed, - 295 

15th Massachusetts, amendment of act, . . ^ 528 

16th Massachusetts, additional act, - - - 307 

Stoughton, further time allowed to finish, - - '394 

Newburyport to Chelsea bridge, additional act, - 451 

Great Barrington and Alford, - - - - 49 1 

2d Brush Hill, additional, . . , - 593 

Worcester and Leicester, established, - . - 595 

and Bridge, Hingham and Quincy, - - - 60 1 

Tumults, for suppression, additional act, - - - - 218 

part of do. repealed, - - 37 1 

Tax, act for raising S33,333 97 cents, - £ . . 576 

Towne Solomon, empowered to open a canal, - - - 610 

U 

United States, land at Scituate harbour ceded, - - 281 

Boon Island, do. - - - 320 

Act to ratify an amendment to constitution, - - 575 

W 

Worship, public, and religious freedom, - . . . 337 

Y 

Youth, part of an act providing for the instruction of, repealed, - 500 



AAV\A 





















AAr>',A.'A'^'^'nA' 



r.AO^KoM'^^^AA^^^iY^^Af^/j^^^Ar;^^/' 



>; A ;:^. A 



'^ A ,-> A: 












,->, A, A A A 



'AJAA.O.^' 



"' /^ 'A /v'. A''. '- A 



2'^^?^:^^^;;'^:AA'AAOA^^AAAA^A/^^ooAAAr^AC^c^^^^'^^^^ 



A'-'^A^ 'Ha :'^' ■ ^A;' ''V U V '. 



AAAAA'^A^V:MAA 



A'VAaV.' ■A'^ 



^■' " ■ A 



aAAAA 



A^f^Arsn^ ' 



aaa.^A 



A^OA*^' 



^AnA 



'' / ' /-. A ^ ., A A 



'^"-.'f ln''^' V'^'^i ' 
^'AA^.V^.-'^.'^ 'A' 



EhidSKE 



5^:^^a;3 



^^^^a:^>^a 



!aaaaaOC: 



VvflAA' 



,'^aaAaA 



-A^;:^'^; -,Ka,,a A A AA Aa AAAA.ArnA^^^^^^^ 

r^^OAAAAAASAA^^o?^^:^';^^A..-;::;^^AA 

,^2-\^^;:-v^^'^i^-,,AA'^C^^-^:>AAA:A^'^^:^, 



,A,AAA' 
'a A An' 



i-.;.^^^"v.-„--,„:^A^AA:AAAAAAAA.AAr^..'^^,AAAAAAOAAA^i 



:^, ■ A a' 

*\' W >i '•>'■ /A ^ 






A /;• ^ '^ 0, 















:,'aa:maa^ 






aaaa/^ 



RsISnsnfii^Rii: 



''A'T'JAOO,OQ .AXH^AAAA;^, 

iH' ri'-W 'L A . /^A. «,AAAa» AAn/^A>« 



^«AAn,,^..^^.^®^??^^^^^ 

. Ar>iAAAAAAA.A%<,''^o^A,r^.-,,2:^. '■ 

^^' ..^ -^ ^'^^'^AAAAAA^AA^O^^AAAA^A,..,, "- 






^AAAAAA/^^AA'^.^'^^lAnOAAV>?0' 









- e ex <^ 






^ c c 

_ c ^ 

crc?: <r <c ec 






"^^ <^ <Sc' 



^ S <^c :<c: 



c 

^ c 



^^xd < 



.^ cc <^^^,^ 
<^rc crcsc <^ ec 
^^cc dc^^c <rrr ' 

>=^- cc . - ' ^ 

^^ 'd C£^: cr ■ ,;- 



_cc o^ — 



S^q;^d<c:cc 






=-5^<: c::c c 

H crc 

^^ dec: , 









^cc d <r^<z' 

^ cc: 
=f:^ cr: crci: 

;^cd ccd 
^^^^ crd 

.^ ccr ctrcr 









d c 



:^ «^<:: 



S^c<:: ciccr 
L'^ err cr* 






#5 

>S:C: cr 



dccc: 

cij^d^ 
<:ccc: 



^^^<^ ctc:c: 
Cc Vd7 croc 
dd^ Cd 

d: c: <L 



<^< d^ 

dec dj 



. dC 



^d crc<r 
d/ ci: cicc 
^ Cd 






'^ V*.