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

LAWS 



OF THE 



CommonUiealt& of 41Ba^^aclju^ett^, 



PASSED AT THE SEVERAL 



SESSIOJV*S OF THE GEJ^EJML COURT, 



HOLDEN IN BOSTON, 



BEGINNING 26th MAY, 1812, AND ENDING ON THE 2d MARCH, 1815. 



Published agreeably to a Resolve, passed 16th January, 181% 




V^OL. VI. 



BOSTOJ^: 

'niN'TEB BYRUSSELL, CUTLER, AND CO. FOR BBSJAMlif RUSSELL, 
PRINTER TO THE STATE. 



Commontuealtlj of .l^a^^acJjuj^ctt.^, 

In the House of Representatives, \Sth. January^ 1812. 

RESOLVEj 

Directing the manner in which the Laws and Resolves shall 
be printed in future. 

Resolved, That tlie 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 analyt- 
ical 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, sliall be divided into 
chapters, and shall be printed together in the same volume ; 
and until a volume of the laws sliall from time to time be 
formed as aforesaid, temporary title pages and indices, 
shall Ipe added to the laws which shall be printed from ses- 
sion to session of the General Court. 

And he 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 siiall be the special 
duty of the Secretary of the Commonwealth, to superintend 
the publication and printing of the laws and resolves of the 
General Court, as the same shall be passed at the respect- 
ive sessions thereof, and to examine and compare the print- 
ed 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 Com= 
monwealth may be duly aad accurately promulgated^ 



RESOLVE. 

'And he 'it further resolved^ That this resolve ghall 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 resolvedy That the laws which shall be 
passed at the present session of the Legislature, shall con- 
stitute 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. 

Jn Senate 15th. January, 1812.^ 
Read and concurred, 

SAMUEL DANA, President, 

Approved \^th, January, 1812. 

K GERRY. 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS. 

PASSED BY THE GENERAL COURT AT THEIR SESSION, 

COMMENCING 

OTX THE lAST WEDNESDAY IN MAY, 

OJVE THOVSAJSTD EIGHT HUJVDRED JiJVD TWELVE' 

CHAP. I. 

An Act in addition to the several acts 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 support- 
ing the same, 

VV HERE AS the proprietors of Merrimack 
Bridge, have represented to the General Court, that the 
compensation they derive from the toll over said bridge is 
inadequate, and pray for an increase of said toll : 

JBE it enacted^ by the Senate and House of Representa- 
tives in General Court assembled^ and by the authority of 
the same^ That the following rates of toll be, and hereby 
are established for the benefit of said proprietors, in addi- 
tion to the rates of toll established by an act passed Febru- 
ary twenty six, in the year of our Lord, seventeen hundred 
ninety six, entitled " 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, be- 
tween the towns of Haverhill and Newbury, in the Coun- 
ty of Essex, and for supporting the same, passed June 
fourteenth, seventeen hundred ninety four ; for each foot R»tes of tou. 
passenger one cent ; for esiph horse aud ridex oae cent five 



WESTFIELD MAN. COMP, June 11, 1812, 

mills ; for each additional rider, one cent ; for each cart or 
other carriage of burthen drawn by one beast, two cents 
five mills; for each cart, waggon, or other carriage of 
burdien, drawn by two beasts, seven cents five mills, for 
each additional beast, one cent ; for each coach, chariot, pha- 
eton or other four wheel carriage for passen,e;ers, seven 
cents ; for each curricle or chaise, with two horses, three 
cents; for each chiiise, chair or sul4vey and horse, four 
cents five mills ; for each horse or neat cattle, exclusive 
of those rode on, or in carriages, one cent ; for each sheep' 
or swine, five mills ; for a wheelbarrow or handcart with 
one person, one cent ; Promded nevertheless, that the in- 
Proviso. crease of toll granted by this act, may froni time to time, 
be regulated by tlie Legislature of this Commonwealth at 
their direction. 

[Approved by the Governor, June 11, 1812.] 



CHAP. II, 

An Act to incorporate Joel Farnani and others,, by the 
name of the Westfield Manufacturing Company. 

Sec 1. iSY, it enacted by the Senate and House of 
Representatives in General Court assembled, and by the an- 
Persons in- thority of the same. That Joel Farnam, Benjamin Hastings, 
corpoiated. ^^^ Thomas C. Green, together with such others as may 
hereafter associate with them, their successors and assigns, 
be, and they are hereby made a CorixDration, by the name 
of The Westfield Manufacturing Company, for the pur- 
pose of manufacturing Wool and Cotton in the town of 
Westfield, in the County of Hampden ; and for the pur- 
pose aforesaid, shall have all the powers and privileges, and 
shall also be subject to all the duties and requirements^ 
prescribed and contained in an act entitled, " An Act de- 
fining the General powers of manufacturing Corporations," 
passed the third day of March, eighteen hundred and nine. 
Value of es- Sec. 2. Be it further enacted, That the said Corporation, 
^^te. ^ ^j^gjj. corporate capacity, shall, and may lawfully hold 

and possess such real estate, not exceeding fifty thousand 
dollars, and personal estate not exceeding one hundred 



PROBATE COURTS. June 12, 1812. 

.thousand dollars, as may be necessary and convenient for 
gtuTving on the manufactory of Wool and Cotton, in their 
various branches, either separately or mixed, in said town 
pf Westfiekl. » 

[Approved by the Governor, June 11, 1812.] 



CHAP. III. 

An Act appointing the places wliiere the Probate Courts fdr 
the County of Hampden shall be holden. 

JL>E it enacted by the Senate and H use of 
Representatives in General Court assembled^ and by the au- 
tfiority of the same^ That the Court of Probate for the 
County of Hampden, shall be held in the following towns-, 
namely ; in Westfield six times in each year ; in Spring- 
field, three times in each year ; in Blandford, twice in each 
year, and in Monson, twice in each year, at such times and 
places in said towns, as the Judge of Probate for said 
County, shall from time to time appoint. 

[Approved by the Governor, June 12, 1812.] 

I ' • » ' ■ ■ I ■■ I ■■ ■ !■ I ■■ ■! i I II - ■■■■■■■■■» .-I,. I , „ I ■, „ ^^^ 

CHAP. IV. 

An Act to annex the township Numbered four, in the sixth 
range North of the Waldo Patent, to the County of 
Hancock. 

Jt> E it enacted by tJie Senate and House of 
Representatives in General Court assembled^ and by the au- 
thority of the same. That the township numbered four, in 
the sixth range of Townships, north of the Waldo Patent, 
which lies partly in the County of Hancock, and partly in 
the County of Somerset, be, and hereby is declared to be 
wholly within the County of Hancock. 

[Approved by the Governor, June.l2j 1812.] 



8 VILLAGE MANUFACTORY. June 12, 1812. 

CHAP. V. 

An Act to incorporate Samuel Waters and others by the 
name of the Village Cotton Wool and Luien Manufac- 
turing Company. 

Sec. 1. JJE ?V enacted by the Senate and House of 
Representatrves in iJeneral Court assembled^ and by the 
Persons in- authority of the same. That Samuel Waters, Amasa Bra- 

iorpoia e. . j^^^^^ Estcs Hovvc, Titus V. Shcphard, Eseck Brown, 
Isaac Kinij;, Nathaniel Bartiett, Silas Chase, George Viner, 
John Stockuell, Jun. Stephen Bartiett, Nathan Bancroft, 
Luther Whitmore, Samuel Walker, Daniel Putnam, 
Absalom Leonard, Francis Sibley, Aaron Hammond, 
Joshua Waters, and Thomas Kindall, Jun. together with 
such others as may hereafter join or associate with them, 
their successors, and assigns, be, and they hereby are made 
a Corporation, by the name of The Village Cotton, Wool, 
and Linen Manufacturing Company, for the purpose of 
manufacturing Cotton, Wool and Flax, in the town of 
Dudley, in the County of Worcester, and shall have all 
the powers and privileges, and shall be subject to all the 
duties and requirements prescribed in an act, entitled, " An 
act defining the General powers of manufacturing Corpora- 
tions," passed the third day of March, Eighteen hundred 
and nine 

Sec. 2. Be it further enacted. That said Corporation, 
in their Corporate capacity, shall and may lawfully hold 
and possess such real estate, not exceeding fifty thousand 

e^S ^^'^^ Dollars, and personal estate, not exceeding One hundred 
thousand Dollars, as may be necessary and convenient for 
carrying on said manufacture in their various branches as 
aforesaid. 

[Approved by the Governor June 12, 1812.] 



WRKNTHAM MANUF. COMP. June 15, 1812. 



CHAP. VI. 

An act to incorporate Nathan Comstock and others, by the 
name of the Wrentham Manufacturing Company. 

Sec. I. x5E it enacted by the Senate and House of 
Repres.entatwes in General Court assembled, and by the 
authority of the same. That Nathan Comstock, Nathuniel pe^o^g j,. 
Ware, Silas Mctcalf, Asa Messer, ■Cc>lvin Park, George corporateii 
Hawes, David Fisher, Jun. and Elijah Cobb, together with 
such other persons as have, or may iiereafter associate with 
them, their successors and assigns, be, and they hereby are 
made a Corporation, by the name of The Wrentham Manu- 
facturing Company, for the purpose of manufacturing Cot- 
ton and Wool at Wrentham, in the County of Norfolk, and 
for this purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements contained 
in an act passed the third day of March, in the year of 
our Lord one thousand eight hundred and nine, entitled, 
*' An act defining the General powers and duties of manu- 
facturing 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 such personal estate ^^^^^ ^*''** ''^" 
not exceedirg the value of one hundred thousand dollars, 
as may be necessary and convenient for establishing and 
carrying on the manufacture of Cotton and Wool at Wren- 
tham aforesaid. 

[Approved by the Governor June 15, 1812.] 



CHAP. VH. 

An act to incorporate certain persons by the name of the 
Adams Glass Factory. 

Sec. 1. JlSE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 



10 ENGINE MEN. June 18, 1812. 

Vcv%oK^%\-A- authority of the same, That Daniel Shearman, James Ma- 
corpurated. g^j^^ Aivibiosc Kasson, John Bucklin, Jesse Whipple, Jo- 
siah Q. Robinson, Isaac Brown, Arthur F. Field, and 
Thomas Farnum, w idi such other persons as already have, 
or hereafter may associate witlithem, their successors, and 
assigns, be, and hereby are made a corporation by the name 
of The Adams Glass Factory, for the purpose of manufac- 
turing Glass, in the town of Adams, and for that purpose 
shall have all the powers and privileges, and be subject to 
/ all the duties and requirements contained in an act, passed 

the third day of March, in the year of our Lord, one thou- 
sand eight hundred and nine, eiititled, " An act defining the 
General powers and duties of manufacturing corporations. 
Sec 2. Be it further enacted, That said corporation 
May hold es- may be lawfully seized and possessed of such real estate, 
not exceeding thirty thousand dollars, and such personal 
estate, not exceeding seventy thousand dollars in value, as 
may be necessary and convenient for carrying on the man- 
ufacture of Glass, in said town of Adams. 

[Approved by tlie Governor June 15, 1812.] 



CHAP. VIII. 

An act to empower the Selectmen of the towns of Newton 
and Needham to appoint Engine men. 

Sec 1. X>E it enacted hij the Senate and Ifouse of 

Representatives in General Court assembled, and by the 

authority of the same, That the Selectmen of the towns of 

Newton and Needham be, and they hereby are respectively 

"When to be authorized and empowered to nominate and appoint, as 

appointed, g^^j^ ^^ ^^^ j^^ ^^j-j.^^. ^j^^, passiug of this act, and ever after 

in the month of March annually, so long as there shall be 
a good Engine, at or near the lower falls, so called, on Charles 
Number of River, any number of suitable persons not exceeding tea 
persons. j^ t2ic\i of said towns, to be one company of Engine men, 
to take charge of and manage said Engine ; who shall be 
subject to the same duties, and vested with the same powers, 
and entitled to the same rights, privileges and exemptions, 
that all other Engine men now by Law are. 



NEWBURY PORT. June 18, 1812. 11 

Sec. 2. Be it further enacted. That all rules and regu- 
lations respecting their duty as Engine Men shall before 
tliey be established, be approved of by the Selectmen of 
said towns ; and all penalties annexed to the same, may be Penalties 
recovered by the Clerk of said Engine men, before any ^^'^ 'ecover- 
Justice of the Peace in the County, where the person who 
may forfeit the same shall reside. Provided however that Provi^. 
nothino; herein contained shall be construed into an author- 
ity to appoint, by the Selectmen aforesaid, any man to the 
engine Company aforesaid who shall reside more than half 
a mile from the established house of said Engine, nor to 
reduce the number of men in any Military company to a 
less number than sixty-four, rank and file. 

£Approved by the Governor June 18th, 1812.] 



CHAP. IX. 

An act in addition to an act, entitled, " An act to secure 
the town of Newbury Port, from damage by fire. 

Sec. 1. l_> I'' it enacted by the Senate and House of 
Representatives in General Court assembled, and by the au- 
thority of the same, I'hat from and alter the passing of 
this act, no building of any kind whatsoever, which shall 
be more than thirteen feet from the ground to the highest Height <tf 
point in the roof thereof, shall be placed, erected, or built J^uiidings. 
within tiiat part of the town of Newbury Port, in the coun- 
ty of Essex, which lies on and between the northwesterly 
side of Market Street, so called, and the southeasterly- 
side of Federal Street, so called, and on and betv/een the 
northeasterly side of Pligh Street, so called, and Merrimack 
River, unless all tlie external sides and ends thereof shall 
be built or composed of brick or stone, except so much as Buildings of 
may be necessary for doors and windows, and all additions *"''ckor 
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, that upon provise, 
any wharf, marsh, or other place where no sufficient foun- 
dajtion can be obtained without unreasonable expense, -on 



12 HIGHWAYS AND BRIDGES. June 22, 1812, 

pernnssion of the selectmen, or fire wards of said town, or 
the major part of them, in writing, wooden buildings of not 
more than twostories high may be erected ; and the per- 
mission so given shall, within ten days next after the same 

Wooden buii. may be so tiven, be recorded in the records of said town. 

.reScT^ ^^ ^'E c. 2. Be it further enaeted, that in no other part of the 
said town of Newbury Port, shall any building be placed, 

Tfeighth of erected or built, which shall be more than twenty five feet 
'"^^' high, from the ground to the highest point in the roof 
thereof, unless all the external sides and ends thereof shall 
be built or composed of brick or stone, except so much as 
may be necessary for doors and windows, and all additions 
to any buildings and all buildings which may be erected on 
old foundations, 'in whole or in part, shall be deemed and 
considered within the restrictions and limitations of this 
act. 

Sec 3. Be it further enacted^ That the first section of 
the act, entitled "An act to secure the town of Newbury 
Port from damage by fire," be and the same is hereby re- 
pealed. 

[Approved by the Governor June 18, 1812.] 



CHAP. X. 

An act in addition to an act entitled, "An act appropriat- 
ing certain fines for the repairing of Highways and 
Bridges." 

xi E it enacted hy the Senate and House of Rep. 
resentatives m General Court assembled, and by the authority 
of the same. That all fines which have heretofore been impos- 
ed by the Supreme Judicial, or by the Circuit Court of 
Common Pleas, within this Commonwealth, on any town for 
any neglect in making or repairing any highways or bridg- ^ 
es, within the same, and which have not been collected and 
paid into the Treasury of the County within which said 
lies how ap. town is situatcd, shall be appropriated and disposed of for 
opriae . ^j^^ making and repairing of the highways and bridges, so 
defective as aforesaid, in the same way and manner as the 
fines imposed after the passing of the act, entitled, *' An act 



BUCKSTOWN, MEET. HOUSE. June 18, 1812. 13 

appropriating certain fines for the repairing of highways 
and bridges," passed the twentyninth day of February, 
Eighteen hundred and twelve," were to be appropriated, 
any law to the contrary notwithstanding. 

[Approved by the Governor June 22, 1812.] 

CHAP. XL 

An act incorporating the proprietors of the first Congrega. 
tional Meeting House, in Buckstown, in the County of 
Hancock. 

Sec 1. JjE \t enacted by the Senate aficl House of 
Representatives, in General Court assembled^ and by the 
authority of the same. That Caleb B. Hall, Samuel M. Pond, ,^J^;;^J^' j 
Daniel Spaftord, Samuel Bartlett, Eliphalet Parker, Joseph 
Lee, and others who have associated, or who may hereafter 
associate with them, for the purpose of building a Meeting, 
house, their successors and assigns be, and they hereby 
are made a Corporation and body politic, by the name 
of the Proprietors of the first Congregational Meeting 
House in Buckstown, and by that name may sue and be 
sued, and may have a common seal, and also may ordain 
and establish such bye laws and regulations as to them jj^e'^iYws''''^'^ 
shall seem necessary and convenient for tlie government of 
said corporation, provided such bye laws and regulations, 
shall not be repugnant to the constitution and laws of this 
Commonwealth, and may hold the land on which they have May Uoides- 
erected a Meeting House, and may purcliase and hold real ^'*^^- 
and personal estate, the annual income of which shall not 
exceed one thousand dollars; and the shares of the said 
Corporation shall not be less than fifty, nor more than one 
hundred in number. 

StC. 2. Be it further enacted. That a meeting of said 
Corporation, shall be holden annually on the first Tuesday A"''"^^"^^^'-* 
of April, after the present year, at which the said Proprie- 
tors shall by ballot, elect five Trustee'', one of which shall ^J,lll^^^ 
be President ; and any three of v;hom shall constitute a Piesident. 
quorum for transacting business ; a Treasurer, who shall Treasurer 
also be Collector, and a Clerk ; who shall respectively be ^'^'■^- 



14 BUCKSTOWN MEET. HOUSE. June 18, 1812^ 

sworn to the faithful discharf^e of the duties of their offices — 
and at all meetings of said Corporation, each proprietor, or 
his agent duly authorized in writing, shall have a right to 
Vote by vote, and be entitled to as many votes as he holds shares : 
proxy. ^roi;?V/(?J no person shall be entitled to more than five votes: 
And Caleb B. Hall, Esq. is hereby authorized to issue his 
warrant to some one of the said Proprietors, for the pur- 
pose of calling their first meeting, for the organization of 
said Corporation, at which meeting, the said proprietors 
shall agree on the method of calling future meetmgs. 

Sec. 3. Be it further enacted^ That whenever any pro- 
prietor shall neglect, or refuse to pay any tax or assess- 
ment duly voted and agreed upon by said Corporation, for 
the purposes thereof, to the Treasurer, within sixty days 
after the same shall be made payable, the said Treasurer, 
Sale of shares being thereto directed by the said Trustees, may sell at 
ftr payment pubHc vcnduc, the sharc or shares of such delinquent pro- 
prietor, to defray said tax and necessary charges, after 
posting notice of the time, place, and cause of such sale, at 
two or more public places in said town, at least thirty days 
previous to such sale ; and a certificate of the same, under 
the hand of the president and clerk of said corporation, 
Transfer of shall transfer all the right, title, and interest of such delin- 
sharesofde- quent, in the share or shares thus sold, to the purchaser ; 
inqueti s. ^^^ if the said share or shares thus sold, shall sell for more 
than the taxes or assessments thereon due and charges, the 
overplus shall be paid over to such delinquent by the Treas- 
urer, on demand, or the said Treasurer may, by direction 
of the said Trustees, and in the name of the said Corpora- 
tion sue and prosecute to final judgment and execution, any 
such delinquent proprietor, for any tax or assessment, due 
on any share or shares of such delinquent proprietor. 
[Approved by the Governor June 18, 1812.] 



NORTHFIELD BRIDGE. June 18, 1812. 15 



CHAP. XII 

An act in addition to an act, entitled, " An act to incorpo- 
rate a nuniber of persons for the purpose of building a 
Bridge over Connecticut river, between Prindle's Ferry, 
and Mill Brook, in the town of Northfield, in the coun- 
ty of Hampshire." 

Sec. 1. Jj E it enacted by the Senate and House of Rep- 
resentatives in General Court assembled^ and by the author- 
ity oj the same. That t!ie proprietors of the Northfield 
Bridge, shall be authorized hereafter to demand and receive Rate* of lojt. 
for each four wheel pleasure carriage, drawn by two horses, 
twenty five cents, and four cents for each additional horse ; 
for each wheel carriage drawn by one horse, twelve and an 
half cents, and four cents for each additional horse ; for 
each w aggon or cart, drawn by two beasts, seventeen cents, 
and for each additional beast four cents ; for each sleigh 
or sled drawn by two beasts, twelve and an half cents, and 
each additional beast four cents ; for each sleigh or sled 
drawn by one beast, ten cents ; for horses, neat cattle, and 
mules in droves, two cents each ; and for sheep and swine, 
half a cent each : And all the other rates of toll for passing 
said Bridge, shall remain and continue as provided in the 
said act to which this is an addition. 

Sec 2. Be it further enacted. That the said proprietors 
may purchase and hold any real estate which they may deem May hold re- 
n-ecessary and convenient for the accommodation of their '^^ *^^'^'^" 
toll gatherer, with a house, out houses and garden ; and 
may convey the same at pleasure. 

[Approved by the Governor June 18, 18 12. J 



CHAP. XHI. 

An act to regulate the fishery in the Kivers Tank and Nar- 
raguagus, in the County of Washington, 

Sec 1. xj E it enacted by the Senate and House of Rep • 
J^esentatvoeSf in General Court assembled^ arid by the author- 



16 TUNK AND NAR. FISHERIES. June 18, 1812* 

ity of the same, That the fishery for all kinds offish, found 
in the rivers or streams called Tunk, and Narraguagus, in 
the county of Washington, shall be, and forever hereafter 
continue free and open from their highest sources to the 
sea, for the passage of all sorts of fish, in passing up said 
streams to cast their spawn, and the benefit and privilege 
of taking said fish shall be equally and freely enjoyed by ail 
the inhabitants living on and near the said rivers, at the 
times and seasons, and within and according to the rules 
and provisions of this act, viz. From the tenth day of May, 
to the first day of August ; and the days for fishing shall be 
Days for fish- on Monday, Tuesday, Wednesday and Thursday, in each 
?"S- week. And if any person or persons, shall take any fish 

in either of the said rivers, Tunk or Narraguagus, from the 
first day of August, to the tenth day of Ma}'^, or on any 
other days in the week than are provided in this act, each 
and every person so offending, shall for each time such of- 
Penaity for fcucc is Committed, forfeit and pay a sum not exceeding 
contrli^y ^to ^^" doUars, and not less than five dollars, and one half of 
*w. said fine shall be for the use of the County, and the other 

half to the complainant or informer. 

Sec. 2. Be it further enacted, That all mill owners, shall 
be holden and required to provide, and keep open, sufficient 
passage, or sluice-ways, for the fish to pass up ; and if any 
mill owner, or any other person, after the passing of this act, 
do make, or cause to be made or placed in either of the said 
rivers, Tunk or Narraguagus, any mill-dam, wear, or other 
incumbrance or obstruction, to the passage of the said fish, 
or in or across, or upon any bay, cove, pond, or other wa- 
ter, running into, or connected with the rivers aforesaid, 
Penalty for such mill owucr or Other person shall forfeit and pay a sum 
siructions. not cxcccding two hundred dollars, nor less than twenty 
dollars. 

Sec 3. Be it further enacted. That all forfeitures accru- 
ing on any alleged breach of this act, in which the penalty 
demanded shall not exceed the sum of twenty dollars, shall 
Forfeits, be ccguizablc before a Justice of the Peace for the County 
^^^'[^^^^ ^''sn'- of Washington, and all such penalties incurred, shall be 
adjudged and recovered before such Justice, subject to ap- 
peal ; and all forfeitures accruing by any alleged breach of 
this act, in which the penalty exceeds the sum of twenty 
dpllars, shall originally be cognizable before the Circuit 



to 



NEW CASTLE FISHERY. June 18, 1813. 17 

Court of Common Pleas, within and for the County of 
Washington. 

Sec. i. Be it further enacted, That an act passed the 
first day of March, a.d. seventeen hundred and ninety 
eight, entitled, " An act for the preservation of the fish 
called Salmon, Shad, and Ale wives in the rivers, streams, 
and waters within the counties of Lincoln and Cumberland, 
and for repealing all other laws heretofore made for that 
purpose, so fiir as respects their operation in the said coun- 
ties" be, and the said act is herel^y extended to the Riv- Former act 
ers called Tunk and Narraguagus, in the county of Wash- ^hu g^^^^^J 
ington, and all the provisions of the aforesaid act, so far as 
they may apply to those rivers, shall be as valid and bind- 
ing, and the benefits thereof exercised and enjoyed, as ful- 
ly and completely, as if the said rivers Tunk and Narra- 
guagus, had been originally included in the said act. 
[Approved by the Governor June 18, 1812.] 



CHAP. XIV. 

An act to regulate the Fishery in Dyer's River, and 

Nickels stream, in the town of New Castle, in the 
County of Lincoln. 

. Sec. 1. 1j>E it enacted by the Seriate and House of 
llepresentatives in Gentral Court assembled, and by the au- 
thority of the same. That for the due and permanent regu- 
lation of the fishery, in the town of New Castle, it shall be 
lawful, and the inhabitants of the said town, are hereby re- 
quired annually, at a legal meeting of the freeholders there- 
of, qualified to vote in town affairs, to appoint a Committee ^''*" choose 

A „ ' I i a comniittee 

of the freeholders of the said town, not exceeding seven, nor 
less than three, who shall be sworn, or affirmed to the faithful 
discharge of the duties enjoined upon them by this act ; and 
it shall be the duty of the said Committee, to cause the Their duty, 
natural course of the rivers or streams, through which the 
said fish do pass, to be kept open and free from all obstruc- 
tion, during the whole season the said fish pass up and 
down said rivers or streams in each year; and the said Their powf 
Committee shall have power to remove all such obstruc- 
tions as they may find therein, and the said Comi'nittee or 
C 



' » 



18 NEW CASTLE FISHERY. June 18, 1812.^ 

a majority of them, in the discharge of" their duties, shall 
have power at all times to go upon and pass over the lands 
of any person, through or by which, said rivers or streams 

Trespass, run, without being considered as trespassers ; and any 
person who may hinder or molest the said Committee, or 
either of them in executing the duties of his or their office, 
or who shall obstruct any passage way in either of the said 
rivers or streams, contrary to the consent and directions of 
the said Committee, or a majority of them, he, or they so 
offending shall, for every such offence, forfeit and pay a 

J ;ncfortres. g^j^ j-jq^. exceeding twentv dollars, nor less than one dollar, 

passing. ...",'. 

in the discretion of the Justice, before whom the action may 
I'loviso. lyQ tried : Provided nevertheless, that nothing in this act 
shall be considered as giving the said Committee any power 
to injure the proprietor of any lands, mills, or water works, 
further than is necessary for a good and sufficient passage 
way for the said fish to pass up and down the rivers or 
streams aforesaid. 

Sec. 2. Be it further enacted, That it shall be lawful 
for the said town of New Castle annually, at any meeting of 
^fay sell pri- the inhabitants duly warned, to sell or otherwise dispose of 
^jieges. i\^Q privilege of taking fish in either of the said streams, call- 
ed Dyers River, and Nickels Stream (formerly called 
Canesisex River) both being in said town of New Castle, 
not exceeding three days in each week, under such rfcstric- 
tions and regulations, as the said town shall direct ; and the 
Profits, ^ profits, which may from year to year accrue from the sale of 
HpprQijriat- ^^ ^^-^ privilege shall be appropriated by the said town, to 
such uses and purposes, as the inhabitants thereof in legal 
town meeting, may from time to time, order and direct. 
And the said fish committee shall appropriate such propor- 
tions of the fish caught within the hmits of the said town, 
Privilege for as shall bc annually alloted and determined by the se- 
^°°'"' lectmen, for the use of the poor of the said town gratis, and 

this reservation and privilege of the poor, shall be inviola- 
bly preserved to them, when the said selectmen do annually 
lease the fishery for the season, and shall always be a con- 
dition in the said lease. 

^zc. 3. Be it further enacted. That if the purchaser, 

lessee, or manager of the said privilege, or those employed 

Fish shall not by them, shall presume to take away any fish, at any other 

be taken, ^^^ ^^ placc in the said town, than may be appointed by 



NEW CASTLE FISHERY. June 18, 1812. 19 

a vote of the town, and the requirements of the Selectmen 
in execution thereof; and if any other person do presume 
to take any fish, in either of the said streams, called Dyers 
River, or Nickels (or otherwise Canesisex) Stream, within 
the limits of said town, without permission from the Select- Without p8,r. 
men thereof, every such person so offending, shall for each ™'*"'^"' 
and every offence herein, forfeit and pay a sum not exceed- Forfeit 
ing twenty dollars, nor less than one dollar, at the discre- 
tion of the Justice before whom the cause shall be tried. 
And it shall be the duty of the fish committee appointed 
by said town, to sue and prosecute all breaches of this act, committe,* 
and for any one of the said committee to seize and detain in ^^^" ^'^'^ »"^ 

, • "^ , , . 1-1 prosecute jo^ 

their custody, any net, or any other mstrument used in tak- tender?. 
ing fish, which may be found in the hands or possession of 
any person using the same, contrary to the true intent and 
meaning of this act, until the person so offending doth 
make satisfaction for his offence, or is legally acquitted 
thereof; and also to seize, for the use of the poor of the 
said town, all such fish as may have been thus illegally 
taken, contrary to this act. 

Sec. 4. B^ it further enacted^ That all the penalties 
v/hich may be incurred, by any breach of this act, shall be Penalties, 
recoverable, by action on the case, or by an action of debt, ^ow recovei}r 
before any Justice of the Peace, for the County of Lincoln, 
allowing an appeal to the next court, having jurisdiction 
thereof, to be holden within said County ; and all sums of ^^^ appro- 
money recovered for any offence against this act, shall be priated. 
for the use of the town ; and no person by reason of his be- 
ing one of the Selectmen, or one of the said fish committee, committee 
or an inhabitant of the said town of New Castle, shall be or selectman^ 
disqualified from being a witness in any suit or prosecu- ^ew. ***'^ 
tion for any breach of this act. 

Sec. 5. Be it further enacted, That an act passed the 
first day of March, a. d. seventeen hundred and ninety 
eight, entitled " An act for the preservation of the fish called 
Salmon, Shad, and Alev/ives, in the rivers, streams, and 
waters, within the Counties of Lincoln and Cumberland, 
and for repealing all other laws heretofore made for that pur- 
pose, so far as respects their operation in the said Coun- 
ties," be, and the said act is hereby extended to operate and ^ormep aet 
have effect in the streams called Dyers River, and Nickels tiuastreaa, 
stream, in the town of New Castle ; and all the regqlatiQnSj 



20 FALMOUTH AQUEDUCT. June 18, 1812. 

restrictions and provisions in the said act, so far as they are 
appHcable to the uses and intent of this act, shall be used 
and exercised, and the benefits thereof enjoyed by the said 
town of New Castle, and this act shall be deemed, and taken 
to be supplementary to the said act above mentioned. 
[Approved by the Governor June 18, 1812.] 



CHAP. XV. 

An act to incorporate the Village Aqueduct, in the town 
of Falmouth. 

Sec. 1. X J E it enacted by the Senate and House of 
Representatives in General Court assembkd^ and by the 
Person \n- authority of the same^ That John Gordon of Falmouth, in 
corpoiae. ^^ Couuty of Cumberland, with such other person or 
persons, as have, or may hereafter associate with him, be, 
ar.d they hereby are incorporated by the name of The Vil- 
lage Aqueduct in Falmouth. 

S c. 2. Be it further enacted^ That said Corporation 
be, and hereby is vested with all the rights, powers and 
Rights and privileges, and subject to all the obligations and duties 
privileges. ^Y-j-jich proprietors of Aqueducts are vested with, and subject 
to, by virtue of an act, entitled, " xA.n act enabling proprie- 
tors of Aqueducts to manage the same, passed the twenty 
first day of February, One thousand seven hundred and 
ninety nine.'* 

Sec 3. Be it further enacted^ That said Corporation be, 
Empowered and thcv hereby are authorized and empowered to enter 

to ero on with i i- p i -i i r ^\ 

the work, upou and dig up, SO lar as shall be necessary lor the pur- 
pose of constructing, sinking, finishing and repairing the 
said aqueduct, the ground of any individual or individuals, 
through which the same may pass, from Oak Hill spring, 
to Stroudvvater Village, paying him or them a reasonable 
compensation for any damage sustained, or to be sustained 
thereby. 

Sec 4. Be it further enacted^ That if the parties cannot 



How (lam- ajrree in estimating: the damasces so sustained, or to be sus- 

viduais may taiucd, that thc Circuit Court oi Common rleas, tor the 

be ascertain- ^Q^^j^^y of Cumberland, on application of either party, be, 

and they hereby are authorized and empowered, to determine 



SCITUATE UNIV. SOCIETY. June 18, 1812. 21 

the same, by a committee of three disinterested freeholders, 
or by a Jury, to be summoned by the Sheriff or his Depu- 
ty for that purpose, which committee, or jury sb.all under , 
oath appraise and estimate the damage, if any, to the party 
aggrieved, and their report or verdict, being made under 
their hands to said Court, and by said Court accepted, and 
entered of Record, shall forever conclude the person or per- 
sons complaining, with respect to damages, and the right 
of said corporation, to make, or repair said aqueduct. 
[Approved by the Governor, June 18, 1812.] 



CHAP. XVI. 

An act to incorporate sundry persons, by the name of The 
first Universaiist Society in Scituate. 

Sec. 1. x> E it enactedhy the Senate and House of Rep- 
resentatives in General Court assembled, and by the au- 
thority of the same. That Enoch Collamore, Loring Jacobs, Persons in- 
Ichabod R. Jacobs, John Jones, Jr. Calvin Wilder, James '^o'porateu. 
H. Jacobs, Charles Totman, Charles Jones, Isaac N. Da- 
mon, Joshua Bowker, James Jacobs, Abel Silvester, Charles 
Simmons, William Hyland, David Turner, Samuel Ran- 
dell, Jr. Samuel Randell, Joshua Damon, Ebenezer Tot- 
rnan, Jonathan Turner, Enoch Collamore, Jr. Benj. Bowker, 
John Gross, Josiah Witherell, Saml. Simmons, John Jones, 
Peleg Simmons, Jr. Seth Stoddard, George Litchfield, Eli- 
sha Gross, Reuben Sutton, Theophilus Codierell, Edward 
F. Jacobs, Elisha Barrell, ElishaBarrell, Jr. Stephen Jacobs, 
Edward Curtis, with their families and estates, together with 
such others as may hereafter associate with tiiem, and their 
successors, in the manner provided by this act, be and they 
are hereby incorporated as a Religious Society, by the name 
of The First Universaiist Society in Scituate, with all the 
powers and privileges, exercised and enjoyed by other re- J^j^t** ^""^ 
ligious Societies, according to the Constitution and Laws " 
of this Commonwealth. 

Sec 2. Be it further enacted. That any person living 
in the towns of Scituate and Hanover, who may at any time 
hereafter be desirous of joining the said first Universaiist May becbiiie 
Society in Scituate, and shall certify the same to the clerk of laembers. 



22 UNITY SLUICE-WAYS. June 18, 1812. 

the town where he or she may reside, which certificate shall 
be recorded by such Clerk, shall thereafter, with his or her 
polls and estate, become a member of said First Universal- 
Proviso, ist Society in Scituate : Provided however^ That such per- 
son shall be held to pay to the Parish or Religious Society, 
which he or she shall leave as aforesaid, his or her propor- 
tion of all monies granted by such Parish or Society, be- 
fore the filing of such certificate with the town Clerk as 
aforesaid. 

Sec. 3. Be it further enacted^ That any member of the 
said First Universalist Society in Scituate, who may at any 
May leave time hereafter, be desirous of leaving said society, and "shall 
e society, ^^j-j-jfy ^^ same to the Clerk of the town where he or she 
may reside, which certificate shall be recorded by such 
Clerk, shall thereafter, with his or her polls and estate, be- 
come a member of such parish or religious society, as by 
law he or she would belong to in case such person had 
never become a member of said First Universalist Society in 
Proviso. Scituate. Provided however^ that such person shall be held 
to pay to said first Universalist Society in Scituate, his or her 
proportion of all monies granted by said society, before the 
filing of such certificate with the town Clerk as aforesaid. 

Sec. 4. Be it further enacted^ That any Justice of the 
Peace for the County of Plymouth be, and he hereby is 
Justice may authorizcd to issuc his warrant directed to some member 
issue war- of Said socicty, 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 choose such officers, and to trans- 
act all such business, as religious societies have a right to ^ 
choose and transact, at their annual meetings, 

[Approved by the Governor June 18, 1812.] 



CHAP. XVII. 

An act to incorporate the proprietors of the Unity Mill 
Sluice-ways. 

Sec 1. X)E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
Persons in- ^^thority of the samey That Stephen Jones, Peter Talbot, 
•rportted. John Foster, Moses Foster, George Sevey, George Sevey, 



UNITY SLUICE-WAYS. June 18, 1812. i» 

Jr. John Sevey, Jr. Jesse Scott, Levi Scott, John Cooper, 
Elisha D. Chaloner, John D. Folsom, and Stephen Mun- 
son, together with such others, owners of the double saw 
mill called Unity, and the owners of the saw mills upon the 
waters of Machias East River, and above the said mill called 
Unity, according to their respective shares or proportions 
in the said mills, together with such as may hereafter asso- 
ciate with them and their successors shall be, and hereby 
«re made a corporation by the name of " The Proprietors 
of the Unity mill Sluice-ways" and by that name may sue Risht? ao't? 
and be sued, and prosecute and defend to final judgment and P''^''^ses- 
execution, and shall have all other powers and privileges 
incident and usually given to corporations for making mill 
dams and sluice-ways. 

Sec 2. Be it further enacted^ That for the purpose of 
reimbursing to the proprietors, the money to be expended 
in making said sluice-way, and keeping the same in repair 
a toll shall be, and hereby is granted, for the benefit of the ^^^^^^ ^^^''' 
said Proprietors, their successors and assigns, according 
to the rates following, viz. For every thousand feet of ^^tes <jr 
boards, or plank, board measure, or joist, ten cents ; for 
every thousand of shingles, four cents ; for every thou- 
sand of clap- boards, ten cents ; for every ton of timber, 
ten cents ; for every hundred feet of ranging timber . 
ten cents; for every thousand of staves, twelve cents ; for 
all oar rafters, ten cents for each thousand feet ; and in 
that proportion, for a greater or less number of any of the 
said articles. And the Legislature shall have a right to 
alter and regulate the toll aforesaid, after the term of ten 
years, from the first day of July next ; and if the said cor- Forfeit for 
poration shall neglect, or refuse, for the space of two years "cs'cct.- 
from the first day of July next, to make and complete the 
said sluice-way, then this act shall be void and of no effect. 
And siiares in the said sluice-way shall be taken and con- 
sidered to be personal estate, to all intents and purposes. 

Sec 3. Be it further enacted^ That if it shall be neces- 
sary for the said proprietors, to carry the siid sluice-way 
over the lands of any person or persons who may be un- 
willing to sell his or their right therein, by an agreement 
with the said proprietors, the said corporation shall be, and 
they are hereby authorized to take and hold as much of the 
said land as may be necessary for the purpose of building caltLlxy^o. 



24 PLYMOUTH BEACH LOTT. June 18, 1812. 

tlie said sluice-way, making allowance therefor, to the own- 
ers of such land, according to the mode prescribed in the 
third section of the act incorporating the proprietors of the 
Dama-es Middlesex Canal, wherein provision is made for the esti- 
ascemined. matiou and recovery of damages happening in similar cases. 
And the said proprietors at the same or any subsequent 
May onier ^iccting may cnjoiu and order fines and penalties for the 
fines and pen. brcach of any by-laws of said corporation, not exceeding 
twelve dollars. 

Sec 4. Be it Jiirther enacted. That any Justice of the 
Peace, for the County of Washington, is hereby authorized 
Justice may upon application therefor, to issue a warrant directed to one 
issue war. of the Proprietors before named, requiring; him to notify and 
warn a meeting of the said corporation, at such convenient 
time and place, as shall be expressed in said warrant to 
organize the corporation, by the election and appointment 
of its officers. 

[Approved by the Governor June 18, 1812.] 



rants. 



CHAP. XVIH. 

An act, in addition to an act authorizing a Lottery for com- 
pleting the repairs of Plymouth Beach. 

Sec 1. JjE it enacted hy the Senate and House of 
Representatives in General Court assembled^ and by the au- 
thority of the same. That the managers to be appointed by 
the act authorizing a lottery for completing the repairs of 
Plymouth Beach, be, and they hereby are authorized to 
deduct the charges of stationary, printing and other neces- 
sary expenses of drawing each class of said lottery, man- 
agers services and expenses excepted, from the sum raised 
by each class ; and that the remainder be considered the 
whole proceeds mentioned in said act, any thing in the act, 
to which this is in addition, to the contrary notwithstand- 
ing. 

[Approved by the Governor June 18, 1812.] 



MARLBOROUGH MINIST. FUND. June 19, 1812, 25 



CHAP. XIX» 

An act to incorporate James Perkins and others by the name 
of The Hampshire Lead Manufticturing Company. 

Sec. 1. x> E it enacted hy the Senate and House of Rep- 
resentatives, in General Court asseinbled, arid by the author- 
ity ofthesame^ That James Perkins, Thomas H. Perkins, Persons *= 
David Hinkley, Samuel O. Perkins, Josiah Marshall, and '^^''I'^^^tedi 
Isaac P. Davis, with such others as may hereafter associ- 
ate with them, their successors and assigns, be, and they 
hereby are made a Corporation, by the name of The 
Hampshire Lead Manufacturing Company, for the pur- 
pose of exploring, digging, working and manufacturing 
any ore, minerals, metals or fossils in the towns of East- 
hampton, Westhampton, Northampton, and Southampton, 
in the county of Hampshire ; and for this purpose sliiill 
have all the powers and privileo^es,and be subject to all the I'owersaftd 
duties and requirements contained in an act, entiUcd, " An 
act defining the general powers and duties of manufactur- 
ing Corporations, passed March third, eighteen hundred 
and nine." 

Skc. 2. Be it further enacted^ That the said company 
may be lawfully seized and possessed of such real estate, Mnyiioides- 
easements and hereditaments within the said towns, not ^^^^' 
exceeding the value of one hundred thousand dollars, and 
such personal estate, not exceeding the value of eighty thou- 
sand dollars, as may be necessary or convenient to enable 
them to prosecute the business of digging, exploring, 
working and manufacturing any ore, minerals, metals or 
fossils found in said towns, or either of them. 

[Approved by the Governor June 19, 1812.] 



CHAP. XX. 

An act to incorporate the Trustees of the Ministerial Fund, 
in the second parish in Marlborough. 

Sec. 1» x>E it enacted hy the Smafe^ and House of 
Representatives^ in General Court assembled^ and by the au^ 
D 



26 MARLBOROUGH MINIST. FUND. June 19, 1812. 

thorlfif of the sa?ne, That the deacons of the church m the 
second parish in Marlborough, and the clerk, assessors and 
treasurer of the said parish, for the time being, be, and 
they are hereby constituted a body politic and corporate, 

Trustees in- by the name of the Trustees of the Ministerial Fund, in 

otrporated. ^|^g sccond parish in Marlborough, and by that name, they 
and their successors jn office, shall be and continue a body 
politic and corporate forever, and they may have a common 
seal, which they may alter or change at pleasure, and by 
that name they may sue and be sued, in all actions, real, 
personal or mixed, and prosecute and defend the same to 
iinal judgment and execution. ^ 

SrX". 2. Be it further enactedy That the said corporation 

Choice of of- shall and may annually elect a President, and a Clerk, to 

' *^***' record the doings and transactions of the Trustees at their 

-meetings ; and a Treasurer, to receive and apply the mon- 
ies herein after mentioned, as herein after directed, and any 
other needful officers, for the better managing of their bu- 
siness. 

Skc. 3. Be it further enacted^ That said Trustees shall 

Annuaimeet- annually hold a meeting, in the month of March or April, 
and as much oftener as may be necessary to transact their 
business, which meetings, after the first, shall be called in 
such manner, as the Trustees may direct ; and a majority 
of said Trustees, shall constitute a quorum for transacting 
business. 

Sf,c. 4. Be it further enacted^ That the Clerk of said Cor- 

Ciei-k sworn, poration shall be a member thereof, and shall be sworn in 
the same manner as town officers, to the faithful perform- 
ance of the duties of his office ; ami he sIkiU have the care 
and custody of all papers and documents belonging to said 
Trustees, except what belong to the Treasurer's office ; 

Hfe dutf. and he shall carefully and fairly record all their votes and 
proceeding, in a book, to be kept for that purpose, and shall 
certify the same when thereto required ; and he shall call 

Shall call meetings when thereto directed by any one or more of said 

meetings. Trustccs, and do whatever else may be incident to his said 
office, and he shall deliver up to his successor in office, as 
soon as may be, all the records, papers and documents in 
his hands, in good order and condition, and if he shall neg- 
lect so to do, for the space of thirty days next after such 

Forfeit for succcssor shall be duly appointed, he shall forfeit and pay 

neglect. 



MARLBOROUGH MINIST. FUND. June 19, 1812. 27 

to said corporation,, a fme or fift}- dollai-s, and the further 
sum of thirty dollars per month, for such neglect after- 
wards. 

S^c. 5. Be it further enacted. That the Treasurer of 
said Trustees shall be the receiver of all monies and effects Treasurer's 
due, owmg and coming to them, and may demand, sue for, '''^'-'* 
and recover the same in their name, unless prohibited by 
them, and he shall have the care and custody of all the 
money and effects, obligations and securities for the pay- 
ment of money, and other things, and all evidences of 
property belonging to said Trustees, and be accountable to 
them therefor, and shall dispose of the same, as they shall 
order and direct; and shall render an account of his doings, 
together v/ith a fair and regular statement of the property, 
and evidences of property in his hands, whenever they shall 
require the same to be done, and shall deliver up to his suc- 
cessor in office, as soon us may be, all the books and papers, 
property and evidences of property, in his hands, in good 
order and condition, and shall give bond to the said Trus- ShaUgivte 
tees, and their successors, with suflicient sureties, and in ^°°*^^' 
such sum as the said Trustees may direct, conditioned to 
do and perform all the duties incumbent on him as their 
Treasurer ; and if he shall fail to deliver up the same as 
aforesaid, for the space of thirty days next after such suc- 
cessor shall be duly appointed, he shall forfeit and pay to Forfeit for 
said Corporation, a fine of fifty dollars, and a further sum "'^^s^^'^** 
of th.irty dollars per month for such neglect afterwards. 

S;:c. 6. Be it further enacted^ That the said Trustees 
and their successors in office be, and they are hereby vest- Duty of uus^ 
ed with full povv'er to receive into their hands, all monies, ^*^*'^' 
or security for money already received, and that now is, or 
hereafter may be in the hands of the Treasurer of said sec- 
ondParish in Marlborough, being a surplus of money 
obtained by the sale of the pews in the Meeting-house be- 
longing to said parish, over and above the cost of said house ; 
and all other monies, subscriptions, donations and security 
for real or personal estate, that have been, or may hereafter 
be given, raised or subscribed, and appropriate the same, 
according to the intention and direction of the donor, or 
donors, wilhin the provision of this act : Provided however^ Pio'iso. 
That said Trustees shall not at any time be in possession 
of a capital, the annual income of which sht\ll ex;ceed the 
sum of two thousand dollars^ 



28 MARLBOROUGH MINIST. FUND. June 19, 1812. 

Sr,c 7. Be it further enacted^ That U shall be the duty of 

said Trustees, to use and improve such fund, or estate, as 

shall be vested in them by this act, with care and vigilance, 

so as best to promote the design thereof; and shall always 

:?jay loan loan upoH interest all the money belonging to said fund, in 

monies, such sums; and for such term of time, not exceeding one 

year, as they shall think proper, upon the bond or note of 

%vith securi- the borrowcr, with at least one surety with the borrower, 

*^' for the payment thereof ; and they shall not at anytime 

Amount of Joan any sum exceedincr the amount of one hundred dol- 

sums to be , . , "-^ , i • i 

louned. lars. Without a mortgage on real estate, to three times the 

Security. amouut loaned, as collateral security for the payment of the 

same, with interest annually ; and it shall be their duty an- 

Shaii apply nually to apply the interest arising from said fund, towards 

t e intere:,!. ^j^^ salary of the Congregational Minister of said Parish, 

and it shall be considered as payment thereof, so far as it 

goes ; and in case the whole of the annual income should 

be more than sufficient to pay the salary of said minister, 

for the time being, agreeably to the contract with him, then 

isurpius in- the surplus shall be added to the principal, unless said 

appi-opriX Parish, at a legal meeting called for that purpose, shall oth- 

«d- erwise appropriate the same, which they are authorized to 

do ; but never to alienate, or in any wise alter the fund 

aforesaid. 

Skc. 8. Be it further enacted, Tliat the Trustees may alien- 
^fenatrrear ^tc by good and sufficicnt deeds in law, any real estate, the 
estate. tj^le whcrcof shall be vested in them by way of mortgage, 

or by operation of law. 

Sbic. 9. Be it further enacted^ That the Trustees or their 

officers, for the service they may perform, shall be entitled 

Compensa- to no Compensation out of any monies arising from the fund 

ces! ""^ ^ aforesaid ; but if entitled to any, shall have and receive the 

same of said Parish, and as may be mutually agreed on. 

Sec. 10. Be it further enacted^ That said Trustees, and 
their successors, shall each year in the month of March, or 
April, at the annual meeting of said Parish, or oftener, if 
Shall exhibit said Parish shall require it, exhibit a fair statement of their 
mmuSiy^"* proceedings, and of the state of the funds under their man- 
agement, and are hereby severally made amenable and 
liable in law to answer to said Parish, out of their own es- 
tates, for any embezzlement, neglect, or wilful mismau- 
jigement of said fund= 



Ill ay 

war- 



AMER. FOREIGN MISSIONS. June 20, 1812. 29 

Sec. 11. Be H further enacted. That any Justice of the 
Peace for the County of Middlesex, is hereby authorized, 
upon application therefor, to issue his warrant, directed to J«*t'«' 

1 „ *;» ,,, 1 ' 1 • • • 1 • issue hi5 

one of the 1 rustees named m this act, requiring him to no- rant 
tify and call a meeting of the said Trustees, to be holdenat 
such convenient time and place, as may be appointed in 
said warrant, to organize the said corporation, by the ap- 
pointment of its officers. 

[Approved by the Governor Junp 19, 1812.] 



CHAP. XXI. 

An act to incorporate the American Board of ComuiissioUi. 
ers for foreign Missions. 

Whereas WiUiam Bartlett, and others, have been 
associated under the name of the American Board of Com- 
missioners for Foreign Missions, for the purpose of prop- 
agating the gospel in heathen lands, by supporting Mis- 
sionaries, and diffusing a knowledge of the holy scriptures, 
and have prayed to be incorporated in order more ef- 
fectually to promote the laudable object of their associa- 
tion. 

Sec. 1. BE. it enacted by the Senate and House of Rep- 
resentatives in General Court assembled^ and by the author- 
ity of the same. That William Bartlett, Esq. and Samuel Persons. i.- 
Spring, D.D. both of Newburyport^ Joseph Lyman, D.D. «^"^p°'«i^^' 
of Hatfield, Jedediah Morse, D.D. of Charlestov/n, Sam- 
uel Worcester, D.D. of Salem, the Hon. William Philips, 
Esq. of Boston, and the Hon. John Hooker, Escj. of Spring- 
field, and their associates, be, and they hereby are incor- 
porated and made a body politic, by the name of The 
American Board of Commissioners for Foreign Missions, 
and by that name may sue and be sued, plead and be im- Power. 
pleaded, appear, prosecute and defend to final judgment 
and execution ; and in their said corporate capacity they, 
and their successors forever, may take, receive, have and ^lay hold e?. 
hold in fee simple, or otherwise, lands, tenements, and he- ^'^'^ 
reditaments, by gift, grant, device, or otherwise, not exceed- 
ing the yearly value of four thousand dollars, and may al- 
so take and hold by donation, bequest qr otherwise, per- 



So AMER. FOREIGN MISSIONS, Jime 20, 181Z 

sonal estate to an amount, the yearly income of which shall 
not exceed eight thousand dollars, so that the estate afore- 
m'iateT'^^°" ^^^^ ^^^^^^ ^^ faithfully appropriated, for the purpose and ob- 
ject aforesaid, and not otherwise. And the said Corpora- 
tion shall have power to sell, convey, exchange or lease, all 
or any part of their lands, tenements, or other property, for 
the benefit of their funds; and may have a common seal, 
Proviso. which they may alter or renew at pleasure. Provided how- 
eve?', that notliing herein contained shall enable the said 
Corporation, or any person or persons, as Trustees for, or 
for the use of said Corporation, to receive and hold any 
gift, grant, legacy, or bequest heretofore given, or be- 
queathed, to any person or persons in trust for said board, 
unless such person or persons could by law have taken and 
holden the same, if this act had not passed. 

Sec. 2. JBe it further enacted. That the said board may 
Choice of of. annually choose, from among themselves, by ballot, a 
President, a Vice President, and a prudential Committee ; 
and also from among themselves or others, a Correspond- 
ing secretary, a Recording Secretary, a Treasurer, an Au- 
ditor, and such other officers as they may deem expedient ; 
all of whom shall hold tlieir offices until others are chosen 
'to succeed them, and shall have such powers, and perform 
such duties, as the said board may order and direct ; and 
in case of vacancy by death, resignation, or otherwise, the 
Vacancies vacancy may in like manner be filled, at any legal nieeting 
xl-el'surei- of thc Said board. And the said Treasurer shall give bond, 
shall give Y\ith sufficient surety or sureties, in the judgment of the 
board, or the Prudential Committee, for the faithful dis- 
charge of the duties of his offxe. 

Sf,c. S. Be it further enacted. That all contracts and 
M^y make decds which the said board may lawfully make and exe- 
cohtracts. cutc. Signed by the Chairman of said Prudential Commit- 
tee, and countersigned by their Clerk (whom they are 
hereby authorized to appoint,) and sealed with the com- 
mon seal of said Corporation, shall be valid in law to all in- 
tents and purposes. 

Sec. 4. Be it further enacted. That the first annual 

Anriuaimeet- meeting of said board shall be on the third Wednesday of 

'•"^ September next, at such place as the said William Bartlett 

may appoint ; and the present officers of said board shall 

continue in office until others are elected. 



AMER. FOREIGN MISSIONS. June 20, 1812. ^l 

Src. 5. Be it further enacted^ That the said board, at 
the first annual meeting aforesaid, or at any subsequent an- 
nual meetinc:, may elect by ballot any suitable persons to Members, , 
be members of said board, either to supply vacancies, or ted. 
in addition to their present nuniber. 

Skc. 6. Be it further enacted^ That the said board shall 
have power to make such bye laws, rules, and regulations, May make 
for calling future meetings of said board, and for the man- ^^ '^''^' 
agement of their concerns, as they shall deem expedient, 
provided the same are not repugnant to the laws of this 
Commonwealth. 

S!<:c. nT. Be it further enacted^ that one quarter part of the 
annual income from the funds of said board, shall be faith- 
fully appropriated to defray the expense of imparting the ^^Jon'r^^ 
Holy Scriptures to unevangelized nations, in their own •ome. 
lansruages : Provided, that nothinsr herein contained shall 
be so construed as to defeat the express intentions oi any 
testator or donor, who shall give or bequeath money to pro- 
mote the great purposes of the board. Provided also, that p^.Qviso., 
nothing herein contained shall be so construed as to restrict 
said board from appropriating more than one quarter of 
said income to translating and distributing the Scriptures, 
whenever they shall deem it advisable. 

SfX. 8. Be it further enacted, That not less than one 
third of said board, shall at all times be composed of re- 
spectable laymen ; and that not less than one third of said who may hf? 
board shall be composed of respectable clergymen ; the 
remaining third to be composed of characters of the same 
description, whether clergymen or laymen. 

Skc. 9. Be it further enacted, That the Legislature of 
this Commonwealth shall at any time have the right to in- 
spect, by a committee of their own body, the doings, funds, 
and proceeding of the said Corporation, and may at their 
pleasure, alter or annul, any or all of the powers herein 
granted. 

[Approved by the Governor June 20, 1812.] 



como metTi 

bei-i 



Trustees iu- 



32 NATICK MINISTRY LANDS. June 22, 1812> 



CHAP. XXIL 

An act to authorize the town of Natick to sell the Ministry 
Lands, and to appropriate the proceeds thereof towards 
the Ministerial funds, and to appoint Trustees for the 
management thereof. 

Sec. 1. lr>E it enacted by the Senate and House oj* 
I{epr€sc7itatwes in General Court assembled^ and by the au- 
thority of the same, I'hat the Selectmen of the town of 
Natick for the time being ; the Treasurer and the Clerk 
of the Parish, and the Deacons of the Church for the time 
being, in the said town of Natick, be, and they are hereby ap- 
pointed and incorporated as Trustees, by the name of Trus- 
norporateci. tccs of the Natick Ministerial Fund, and by that name they 
and their successors in office, shall be and continue a body 
politic and corporate forever ; and they shall have a common 
seal, subject to alteration, and they may sue and be sued 
in all actions, real, personal and mixed, and prosecute and 
defend the same to final judgment and execution, by the 
name aforesaid, and shall have all other powers which are 
incident to, and necessarily belonging to the like corpora- 
tions ; and the said Trustees, and their successors may 
annually elect one of their number as President ; and a 
Clerk, to record the doings of the said Trustees ; and a 
- ^^**'u"'7 Treasurer, to receive and pay the monies belonging to the 
" ' said fund, according to the provisions of this act, who shall 
give bond to the said Trustees, for the faithful perform- 
ance 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 in his office. 

Sue. 2. Be It further enacted, That the said Trustees 
be, and they are hereby authorized and empowered to sell 
and convey the several lots of land belonging to the town 
of Natick, which have been, and are appropriated to the 
support of the ministry in the said town ; and the monies 
arising from the sale of the said land, shall be put on in- 
terest, and shall form a fund for the support of the ministry 
in the said town, ^vhich shall be under the care and man- 



NATICK MINISTRY LANDS. June 22, 1812. ^3 

agement of the said Trustees, in the manner provided for, 
and directed in this act ; and all gifts, grants, donations, 
bequests or legacies, which have been, or may be hereafter 
made 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 wheii 
the said Trustees shall loan the said monies, or any part 
" thereof,the same shall be secured by mortgage on real estate 
to twice the value of the money loaned, or secured or by 
two or more sufficient sureties, with the principal, unless the 
said Trustees shall think it best to invest the said proceeds 
in public funded securities, or bank stock, which they shall security jjf 
have authority to do, and the interest and that only shall pioi>ertv. 
ever be appropriated for the uses aforesaid, and it shall nev- 
er be in the power of the said Trustees to alter or alienate 
the appropriation of the fund aforesaid ; and the said Trus- 
tees are hereby authorized to make and execute a good 
and sufficient deed, or deeds, of the said several lots of 
land, wiiich shall be subscribed by the Treasurer, and 
when duly executed, acknowledged and delivered, by the 
direction of tlie said 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, Clerk or other officers, or persons employed by 
them, shall be entitled to receive no compensation for the 
services they may perform, out of any monies belonging 
to the said fund, but a reasonable compensation shall be 
paid them by the town ; and the said Trustees, and each T.usiees pes- 
of them, shall be responsible to the town for their personal i'""^'''^- 
neglect or misconduct, whether they be officers or not, and 
liable to prosecution for any loss ordamage resulting there- 
by to the fund, and the debt or damage recovered in such 
suit, shall be to the use and disposal of the town ; and the 
said Trustees and Treasurer, and their successors in office, 
shall exhibit to the town a report of their doings, and the 
state of the fund, at the annual meeting in March or April. 

Sec 4. Be it further enacted^ That any justice of the 
Peace for the County of Middlesex, is hereby authorized, 
upon application therefor, to issue his warrant, directed to 
one of the Trustees named in this act, requiring him to no- 
tify an4 call a meeting of the said Trustees, to be hoidtiii 
E 



u< 



OXFORD BRIDGi:. 



June 22, 1812= 



at such convenient time and place as may be appointed in 
said warrant, to organize the said Corporation by the ap- 
pointment of its ofiicers. 

[Approved by the Governor June 22, 1812.] 



CHAP. XXIIL 



Persons In 
sorporated. 



An act to incorporate The proprietors of Oxford Bridge. 

Sec. 1. x>E it enacted by the Senate and House of 
Jiepresentat'ives hi General Court assembled, and by the au- 
thority of the same. That Thomas Johnson, Ezekiei Porter, 
Samuel Buttcrfield, Ebenezer Keyes, John Tufts, Henry 
Butterfield, vSamuel Small, Nathaniel Jackson, Simeon 
Waters, Nathan Crafts, Ebenezer Eaton, Jesse Stone, Wil. 
liam H. Bretten, Edward Richardson, Benjamin Winslow, 
James Stamp, Moses M. Crafts, Aaron Severy, John Rich- 
ardson, Ezekiei P. Pierce, Solomon Leland and John Crafts 
and their associates, together with such others as already 
have, or may hereafter become proprietors, shall be a Cor- 
poration, by the name of The proprietors of Oxford Bridge, 
and by that name may sue, and prosecute, and be sued 
and prosecuted to final judgment and execution, and may 
keep and use a common seal, may exercise and enjoy the 
powers and privileges, incident and belonging to similar 
corporations, and do and suffer all other acts and things, 
which like bodies corporate, may or ought to do and suffer. 
Sec. 2. Be it/iirther enacted, Tlvdt the said bridge shall 
be erected in the townof Jay, at a place called Rock Island, 

Haw built, ii^ the Androscogin river, and that it shall be built of good 
and durable materials, not less than twenty four feet wide, 
and well covered with plank or timber, suitable for such 
a bridge, and with sufficient rails on each side for the safety 
of passengers ; and the sills or string pieces of said bridge, 
shall be laid at least eight feet above the surface of the wa- 
ter, at a high freshet. 

Sec. 3. JBe it further enacted, That for the purpose of 
reimbursing to the said proprietors the money expended 
in building the said bridge, and keeping the same in good 

Toll estt.b- repair, a toll be, and hereby is granted and established, for 
the sole use and benefit of the said incorporation, accord- 
ing to the rates following, viz. For each foot passenger, two 



Powers. 



Seal. 



Where to be 
erected. 



lished 



O XFORD BRIDGE. June 22, 1812. 35 

cents; one person and horse, eight cents; for a single 
horse-cart, sled, or sleigh, twelve cents and five mills ; for 
each wheel-barrow, hand-^cart, and every other vehicle ca* 
pable of carrying a like, weight, four cents ; for each team, 
including cart, sled, or sleigh, drawn by more than one 
beast, and not exceeding four beasts, sixteen cents ; for 
every additional beast above four, two cents each ; for 
each single horse and chaise, chair or sulky, twelve cents 
and five mills; for each coach, chariot, phaeton, or curricle, 
twenty-five cents'; for neat cattle or horses, exclusive of those 
rode on, or in carriages or in teams, two cents each ; sheep 
and swine, one cent each ; and in all cases the same toll 
shall be paid for all carriages passing said bridge, whether 
the same be loaded, or not loaded, and to each team one 
man, and no more shall be allowed as a driver, to pass free when to 
from pavinsr toll ; and the said toll shall commence at the camraence 
day of the first opening oi the said bridge lor passengers, time to con* 
and shall so continue, for and during the term of thirty *'""^' 
years from the said day ; and after the expiration of that 
term the said toll shall be subject to be regulated, or wholly 
discontinued by the Lesrislature : Provided the said pro- „ • 
prietors shall at all times, keep the said bridge in good, * 

safe, and passable repair, during the term aforesaid : Pro- 
vided aho^ that all persons going to, or returning from mil- 
itary duty, and all persons inhabitants of the said town of 
Jay, going to, or returning from public religious worship, 
shall at all times be permitted to pass said bridge free of 
toll. 

Sec 4. Be it further enacted^ That an}'- three of the Proprietors 
Proprietors before named may, by posting up a notification J^ectings'^ 
in some public place in the towns of Farmington, Wilton, 
Jay and Livermore, notify and call a meeting of said pro- 
prietors to be holden in Jay, at such convenient time and 
place, as shall be expressed in said notification, ten days 
at least before the time of meeting, and the said proprie- 
tors, being then met, allowing one vote to each share (pro- 
vided no person shall be entitled to more than ten votes,) 
shall proceed to choose a clerk, who shall be sworn to the shaii choose 
faithful discharge of the duties of his office. And the said ^ *='^^'''- 
proprietors may at the same, or a subsequent meeting, ap- ^ appoint 
point such other officers, as they may deem necessary for ofUcers. 
conducting the business of said corporation, and may also 
agree on a mode of calling future meetings, and make and May mke 

rules. 



36 ADMINISTRATORS. June 22, 1812. 

establish such rules and regulations as they may judge neces- 
sary and convenient for executing and completing the build- 
ing the said bridge, for collecting the toll hereby granted, and 
for the prudent and regular management of the affairs of 
the said corporation, and the same rules and regulations 
May order may cuforcc, and for the breach thereof may order and en- 
finej^andpen-j^jj^' fmcs and penalties, not exceeding twelve dollars : Pro- 
jproviso. vided that said rules and regulations, shall not in any case 
be repugnant to the Constitution and laws of this Com- 
monwealih. 

Sec. 5. Be it further enacted. That if the said corpora- 
tion shall neglect or refuse for the term of seven years from 
the passing of this act, to build and complete the said bridge, 
then this act shall be void, and of no effect. 

[Approved by the Governor June 22, 1812.] 



CHAP. XXIV. 

An act supplementary to the act respecting the evidence 
of notice by administrators and others of the sale of j^eal 
estate. 

Sec.#1. 13 E It enacted hy the Senate and House of 
Representatives^ m General Court assembled^ and hij the au- 
thority of the same. That the affidavit of any ILxecutor, 
Administrator, Guardian or other person, who has been, 
or hereafter may be duly licensed to sell real estate, or of 
any person employed by au}^ of them taken within six 
months after the passing of this act, or within eighteen 
jnonths next following the sale of such reaK^state and filed 
in the Probate Court, and recorded in the manner prescrib- 
ed in the act entitled an act for limiting the time within 
which suits may be prosecuted against Executors and Ad- 
ministrators and for perpetuating the evidences of notice giv- 
en by them and by guardians and others respecting the sale 
of real estate, shall and may be admitted as evidence of 
the time, place, and manner notice was given, as in and by 
the same act is provided, any thing in the same act to th^ 
contrary notwithstanding. 

[Approved June 22, 1812.] 



FRAMINGHAM. June 22, IBl^. 37 

CHAP. XXV. 

An apt to establish the First Baptist Society in Framingham. 

Sec. 1. JJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the au- 
thority of the same. That Benjamin Haven, Joseph Ballard, Persomsii*. 
William Ballard, Samuel Ballard, Ephraim Parkhurst, Al- '^^'P"''^^-^ 
exander Clark, John Ballard, Elisha Jones, Nathan Dead- 
man, James Dalrymple, Alexander Edwards, Daniel Claf- 
lin, Cornelius Claflin, William Clafiin, Asa Claflin, Zede- 
kiah Sanger, Gilbert Marshall, Isaac Dench, Micah Knovvl- 
ton, Michael Homer, Ebenezer Swift, Nathan Tombs, 
Solomon Newton, Mary Edwards, Jesse Haven, Joseph 
Haven, Elijah Haven, Abner Mellen, James Greenwood, 
Samuel Winchester, Amasa How, Parly How, John Gal- 
lot, Elias How, Jonathan Edwards, James Foster, Ephraim 
Biglow, Samuel Frost, Leonard Arnold, Joseph Tombs, 
Moses Fisk, Isaac Fisk, Thomas Arnold, Artemas Parker, 
Obiel Daniels, Abijah Hill, Jeduthan Dadman, Gilbert 
Haven, John Dadman, James Greenwood, 2d. and Levi 
Bicknall with their families and their estates be, and they 
hereby are incorporated as a distinct religious society by 
the name of The First Baptist Society in Framingham for 
religious purposes only, and as such shall have all the pow- 
ers and privileges of other religious societies according to 
the Constitution and Laws of this Commonwealth. 

Sec. 2. Be it further enacted. That any person belong- 
ing to the towns of Framingham, Hopkinton, or HoUiston, 
who may desire to join in religious worship and become a persons from 
member of the said Baptist society shall have liberty so to °*^^'*. .^°'?^ 
do, by givmg notice oi such desire and intention m writing society. 
to the Clerk of the Society where such person has formerly 
attended on public worship, and also a copy of the said notice 
in writing to the clerk of the said .Baptist society, fifteen 
days previous to the annual meeting ; and such person 
from the date aforesaid shall be considered a member of 
the said Baptist society. 

Sec. 3. Be it further enacted, That when any member jyj^^. ,^ ,, 
of the said Baptist Society shall see cause to leave the same the«S'det»r* 



38 NAMES CHANGED. June 22, 1812. 

and to unite with any other religious society, the like no- 
tice and process shall be made and given, mutatis mutandis, 
Proviso. jjg jg 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 seceding shall be holden 
by law to pay his or her proportion of all parochial ex- 
penses assessed and not paid prior to leaving the said so-, 
ciety. 

Sec. 4. Be it further enacted, That any Justice of the 

Peace for the County of Middlesex is hereby authorized 

Justice may to issuc a Warrant directed to a member of the said Bap- 

issue warrant, ^j^^ socicty, requiring him to notify and warn the first 

meeting of the said society, to meet at such convenient 

time and place as shall be expressed in said warrant for the 

choice of such officers as religious societies are accustomed 

to choose, and appoint at their annual meetings. 

[Approved June 22, 1812.] 



CHAP. XXVI. 

An act to change the names of certain persons therein 
named. 

X>E it enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the author- 
ity of the same, That Joseph Freeland, Jun. of Boston shall 
be allowed to take the name of Joseph Freeland Bordman, 
James Perkins son of the late Colonel William Perkins of 
said Boston shall be allowed to take the name of Charles 
James Perkins, all of the County of Suffolk. John Mudge 
Jun. of Lynn, shall be allowed to take the name of Parker 
Mudge ; Charles Kimball of Boxford shall be allowed to 
take the name of Charles Harrison Kimball ; George Sn^ith, 
the seventh of that name of Salem, shall be allowed to take 
the name of George King Smith ; Jonathan Sargent the 
fourth of Amesbury, shall be allowed to take the name of 
Jonathan Adams Sargent ; Jonathan Morrill, Jun. of said 
Amesbury shall be allowed to take the name of Jonathan 
Currier Morrill, all in the County of Essex. William 
Breck of Northampton in the County of Hampshire, shall 
be allowed to take the name of Joseph Hunt Breck ; Chaun- 



PROVINCETOWN, June 22, 1812. 39 

cy Taylor, of Blanford in the County of Hampden, shall 
be allowed to take the name of Chauncy Taylor Knox. 
Rebecca Cutler of Sudbury in the County of Middlesex, 
shall be allowed to take the name of Rebecca Maynard ; 
James Child, Jun. of Augusta in the County of Kennebec, 
shall be allowed to take the name of James Loring Child; 
Barden Sylvester, Merchant, of Bath in the County of Lin- 
coln, shall be allowed to take the name of Thomas Barden 
Sylvester ; and the said several persons from the time of 
passing this act, shall be called and known by the names 
which by this act, they are severally allowed to take as 
aforesaid, and the same shall be considered as their only 
proper and legal nanies. 

[Approved by the Governor June 22, IS 12.] 

chaI*. xxvil 

An act to prevent the destruction of the Lobster Fishery 
in the town of Provincetown, in the County of Barnsta- 
ble, and to preserve and regulate the same in the waters 
and shores of said town. 

Sec 1. i>E /? enacted hy the Senate and House of 
Representatives in General Court asstmbled, and by the au- 
thority of ihe same^ That from and after the first day of July 
next it shall not be lawful for any person living without the 
jurisdiction of this Commonwealth to take any lobsters None but the 
within the waters and shores of the town of Provincetown ""'.'"bitants of 

P y ^ . P • 1 • 1 this State may 

tor the purpose ot carrying away trom said waters in smacks take fish, 
and vessels owned without said Commonwealth, without without per- 
first obtaining a permit in writing from the Selectmen of missLoa. 
the said town of Provincetown, and every person offending 
against the provisions of this act, shall for every such offence 
forfeit and pay the sum of ten dollars, and in case the num- Forfeitforof- 
ber of lobsters so unlawfully taken or found on board any '^"^'"=' 
such smack or other vessel shall exceed one hundred, such 
person shall in addition to such penalty forfeit and pay a Fmthei- for> 
further sum of ten dollars for each hundred lobsters so *'"''■ 
taken or found, and in that proportion for a larger or smalL 
er number over the first hundred. 



40 CIRCUIT COURTS. June 22, 1812. 

Sec. 2. Be it further enacted^ That the waters and shores 
of the town of Provincetown shall be considered and taken. 
des""'b* d^^ by this act to extend as follows, beginning at Race point 
(so called) one half mile from the shore, by said shore to 
the end of Long point which forms the harbour of Prov- 
incetown, and from the end of Long point, one half mile, 
and including the harbour within the town of Provincetown. 
Sec 3. Be it further enacted^ That the selectmen of the 
said town of Provincetown may grant a permit, o^ other- 
Sefectmen wisc liccnsc any persou or persons livmg without the juris- 
may sell li. dictiou of Said Commonwcalth on their paying therefor the 
sum of one dollar to the use of said town of Provincetown, 
for every hundred lobsters which they may thus take and 
carry away, or upon such other terms and conditions as they 
shall think proper. 

Sec. 4. Be it further enacted. That the said town 

of Provincetown are hereby aiithorized to choose annu- 

Shaii annual, ally such numbcr of fish wardens as they mav judsie 

wardens. ncccssary, who shall be sworn to the fliithful discharge 

Their duty ^^ tht'ix duty, whosc duty it shall be to prosecute for 

all offences against this act, and all fines and forfeitures 

that shall be incurred by virtue of this act shall be the one 

half to him or them who shall sue for the same, and the 

other half to the use of the said town of Provincetown, and 

the same shall be recovered with legal costs of suit by an 

action in any court proper to try the same. 

[Approved by the Governor June 22, 1812.] 



CHAP. XXVIII. 

An act to fix the times and places for holding the Circuit 
Courts of Common Pleas, within and for the several 
Counties in this Commonwealth, and for repealing all 
laws heretofore passed for that purpose. 

Sec 1. ajYj it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the au- 
thority of the same. That all laws heretofore made and pass- 
Former laws ^d J^or fixing the times and places for holding the Circuit 
repealed. Courts of Common Pleas, within and for the several Coun- 
ties in this Commonweaithj shall be, and the same are 



CIRCUIT COURTS. /««e 22, 1812. 41 

hereby repealed, so hr as relates to the time of holding 
said Courts, from and after the iirst day of August next, 
at which time this act is to operate, and be in force. 

Sec. 2. Be it further enacted, That the Circuit Courts 
of Common Pleas, to be holden within and for the several Times and 
Counties, in this Commonwealth, shall be holden at the sev- ^j**"'^ ^/'^ **°'' 
eral times andplaces hereafter mentioned, that is to say ; with- courte. 
in and for the County of Suffolk, at Boston, on the Tuesdays 
next after the fourth Mondays in March, June, September 
and December, within and for the County of Essex^ at Ips- 
wich, on the third Monday of March, and ontJ'c third Monday 
of December, at S.Jern, on the third Monday of June ; at 
Newbury port, on the third Monday of September. With- 
in and for the County ai Middlesex , at Concord on the 
second Monday in September, and on the second Monday 
in March, and on the second Monday in June; at Cam- 
bridge, on the second Monday in December. Within and 
for the County of Worcester^ at Worcester, on the third 
Monday in March, and on the third Monday in June, and on 
the fourth Monday in August, and on the first Monday next 
after the fourth Monday in November. W^ilhin and for the 
County of Hampshire^ at Northampton, on the fourth Mon- 
day in March, and on the third Monday in August, and on the 
second Monday in November. Within and for the County of 
Hampden, at Springfield, on the first Tuesday in April, and on 
the first Monday next after t]>e fourth Monday in August, and 
on the fourth Monday in November. Within and for the 
County of Franklin, at Greenfield, on the second Monday 
in March, and on the first Monday in August, and on the 
third Monday next after the fourth Monday in November. 
Within and for the County of Berkshire, at Lenox, on the 
second Monday in April, and on the third Monday in Sep- 
tember, and on the first Monday In January. Withm and 
for the County of Norfolk, at Dedham, on the fourth Mon- 
day in April, and on the third Monday in September, and 
on the third Monday in December. Within and for the 
County of Plymouth, at Plymouth en the second Monday 
in April, and on the second Monday in August, and on 
the third Monday in November. \Vithin and ibr the 
County oi Bristol, at Taunton on the second Mondays in 
March, June, September and December. Within and for 
County ai Barnstable, at Barnstable, on thethii^d Tuesday 
T 



42 - Circuit courts. june 22, 1812: 

in April, and on the first Tuesday in September. With- 
in and for the County of York, at AL^red on tlic iirst Mon- 
day in January, and on the second ivionday in September, 
and at York on the third Monday in April. Within and 
for the County of CumherlamU at Portland on the first 
Tuesday in March, and on the third Tuesday in Jmie 
and on the third Tuesday in November. Within' and 
for the County of Oxford, at Paris on the last Tuesday 
in February, and on the second Tuesday in June, and on 
the second Tuesday in November. Within and for the 
County of Lincoln, at Warren on the second Monday in Jan- 
uary, at Wiscasset on the second Monday in May, at Tops- 
ham, on the fourth Monday in August. Within and for the 
County of Kennebec, at Augusta on the second Mondays in 
April, August, and December. Wilhin and for the County 
of iSoz/zd"/'^*?^, at Noriidgevvock on the third Tuesday in Mr.rch, 
and on the fourth Tuesday in June, and on the first Tuesday 
in November. Within and for the County of Hancock, at 
Castine, on the second Tuesday in April, and on the first 
Tuesday in July, and on the first Tuesday in November. 
Within and for the Countv of JVashinrnon, at Machias, on 
the first Mondays in March and September. Within and 
for the County of Nantucket, at Nantucket, on the second 
Monday in May, and on the first Monday in October. 
Within and for the County of Dukes County, at Edgartovvn 
on the third Monday in May, and on the first Monday in 
November. Provided nevertlieless. That the day of the 
week on which any of the said Courts are respectively to 
be holden as aforesaid, may in all Judicial proceedings, 
from time to time, be designated and expressed, by such 
day of the week in the month, as will be the day on which 
any Court is to be holden, pursuant to the foregoing ar- 
rangement. 

Sec 3. Be it further enacted. That all actions pcndinp; 
at, and all writs, recognizances and processes now made, 
or which may be made returnable to any of the aforesaid 
Courts which before the operation of tiiisact, should have 
been holden at any other time or place, than those in thi's 
act affixed for holding said Courts, shall be returnable to, 
entered, nn^ade, proceeded on, tried, and determined at the 
Courts next to be holden in each County after said first 
day of August next, agreeable to the true intent of such 
writ, process, recognizance, or appeal. 



Provis*. 



COURT OF PROBATE. June 22, 1812. 43 

Sec. 4. Be it further enacted., That this Act shall be in 
force from and after the first day of August next. 

[Approved b)^ the Governor June 22, 1812.] 



CHAP. XXIX. 

An Act to authorize the Justices of the Supreme Court of 
Probate to grant appeals in certain cases. 

Sec. I. X>£ It enacted by tlie Senate and House of 
Representatives in General Court assembled^ a?id by the 
authority of the same. That wherever any person has been 
or shall be aggrieved by any order, decree, denial, 
or decision of any Judge of Probate in any County in this 
Commonwealth, and such person by accident, mistake, or 
otherwise, shall not have appealed to the Supreme Court 
of Probate for said County agreeably to the provisions and 
requisitions of law, the said Supreme Court upon petition to 
them, and after notice to the person or persons interested 
to support said order, decree, denial, or decision, and it 
appearing that the petitioner for relief has not lost his ap- 
peal by his own neglect, and that justice requires a revis- 
ion of said order, decree, denial, or decision, may grant an 
appeal therefrom to be entered, heard, and determined in 
the said Supreme Court of Probate ; Provided such peti- Proviso, 
tion shall be preferred within two years next after said or- 
der, decree, denial, or decision, shall have been made by 
such Judge of Probate. 

[Approved by the Governor June 22, 1812. 



CHAP. XXX. 

An Act respecting Bailable oflfences. 



Sec 1. X>E it ejiacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That any one or more of the Justices 
of the Circuit Court of Common Pleas, or Court of Com- 
mon Pleas, or any two Justices of the peace and of the 
quorum for any County, on application made to them by 



HAMPDEN. June 12, 1812. 

any person, who now is or 'hereafter may be confined in 
goal for a bailable offence or for not finding sureties or re- 
cognizance may proceed to inquire into the same, and ad- 
mit any such person to bail, and for this purpose shall have 
and exercise the same power concurrently which any one 
or more of the Justices of the Supreme Judicial Court may 
or can do, any law, usage, or custom to the contrary not- 
withstanding. 

[Approved by the Governor June 23, 1812.] 



CHAP. XXXI. 

An Act in addition to an act entided 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. xjE ?> enacted by the Senate a?jd House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That until the General Court shall 
otherwise order, all appeals from any judgments rendered 
at any Circuit Court of Commion Pleas within the County 
of Hampden shall be heard and tried at the Supreme Judi- 
cial Court to be holden at Northampton, in the County of 
Hampshire, in the same manner as if*the act to which this 
is in addition had not passed. And the Supreme Judicial 
Court to be holden at Northampton in the County of Hamp- 
shire shall be holden as wellfor the County of Hampden as 
for the counties of Hampshire and Franklin, and shall from 
time to time have the same jurisdiction, power and author- 
ity for the trial of all actions civil and criminal, the causes 
whereof have arisen or shall arise within the body of the 
County of Hampden and to hear and determine all other 
matters and things arising or which shall arise within the 
body of the said County of Hampden as if the same ac- 
tions matters and things had arisen within the body of the 
County of Hampshire. 

Sec. 2. Be it further enacted^ That the clerk of the Ju- 
dicial Courts for the County of Hampshire whenever he 
shall issue Venires for any Grand or Travers Jurors to at- 
tend the Supreme Judicial Courts to be holden at Northamp- 
ton within the County of Hampshire, and for the Counties 



BANK TAX. June 23, 1812. 45 



of Hampshire, Hampden, and Franklin, shall be governed by 
the divibion into Jury Districts already made until a new 
division into Districts is made of the three Counties 
aforesaid. 

[Approved by the Governor June 23, 1812. 



CHAP. XXXII. 

An Act imposing a Tax on the Banks within this Com- 
monwealth. 

Sec. 1. _0 E ?V enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the author- 
ity of the same^ That the corporation of each and every 
Bank, within this Commonwealth, which shall be in opera- 
tion on the first Monday of October next, and all such in- 
corporations which may after that time, come into opera- 
tion, shall within ten days next after each and every semi- 
annual dividend which shall be made by the said corpora- 
tions respectively, after the said first da}^ of October next, 
pay to the treasurer of this Commonwealth, for the use of 
the same, a tax of the one half of one per cent on the amount Amount of 
of the original stock ; which shall at the time of such divi- 
dend have been actually paid by the stockholders in the 
respective corporations into their respective Banks. 

Sec. 2. Be it further enacted, that if any Bank shall 
neglect to pay the said tax for the space of thirty days, af- 
ter the same shall become due, it shall be the duty of the 
treasurer to issue a warrant of distress, directed to the 
Sheriff of the County, in which such Bank is situated, or 
his deputy, commanding them to levy and collect the sum 
due from the estate and effects of such Bank, which warrant 
shall be in the same form (mutatis mutandis) as warrants 
of distress against delinquent Sherifis are by law directed 
to be issued. 

[Approved by the Governor June 23, 1812.] 



tax 



for neglect. 



46 STATE BANK, June 23, 1812. 



CHAP. XXXIII. 

An act to continue in force an " Act entitled an Act to es- 
tablish a Bank in this State, and to incorporate the sub- 
scribers thereto," also " An act entitled an act in addition 
to an act entitled " an act to establish a bank in this State, 
and to incorporate the subscribers thereto." 

Skc. 1. Jd E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the au- 
thority of the same, That an act entitled " an act to estab- 
lish a Bank in this State, and to incorporate the subscribers 
thereto" shall continue in force until the first day of Octo- 
ber, which will be in the year of Our Lord one thousand 
eight hundred and thirty one ; also that an act entitled " An 
act in addition to an act entitled "An act to establish a Bank 
in this State and to incorporate the subscribers thereto" shall 
continue in force, until the said first day of October : Pro- 
Proviso, vided the President and Directors of said Bank with the 
consent of the major part of the Stockholders in number 
and value shall within three months make execute and de- 
posit in the office of the Secretary of this Commonwealth 
an act or aj^reement, sii^nifying the assent of the Corpora- 
tion to this act, and releasing and surrendering all their right 
and claim to all privileges or immunities as a Banking Coni- 
pany or otherwise frOiU and after the said first day of Octo- 
ber in the year of Our Lord One thousand eight hundred 
and thirty one. And if said President and Directors shall fail 
to deposit such act or agreement in the office of the Secre- 
tary of the Commonwealth, the act before mentioned enti- 
tled " An act to establish a bank in this state, and to incor- 
porate the Subscribers thereto," and also the act in addition 
thereto, shall be, and hereby is repealed, from and after the 
first day of March next. 

Sec. 2. JBe it further enacted. That the said Corpora- 
tion from and after the first Monday of October next shall 
pay by way of tax to the Treasurer of this Commonwealth 
for the use of the same, within ten days after each semi- 
Amount of annual dividend the half of one per cent on the amount of 
' the stock which shall at the time of said dividend have been 

('•.•ov;»o. actually paid in. Provided howver that the same tax, pay- 
j^le in manner aforesaid shall be required by the Leg- 



BO STON BANK. Jime 23, 1812. 47 

islature of all banks that shall be hereafter incorporated 
within this Com mon wealth from and after the said first 
Monday of October. 

[Approved by the Governor June 23, 1812.] 



CHAP. XXXIV. 

An act to incoq^orate the President, Directors and Compa- 
ny of the Boston Bank. 

Sec. 1. i> is it enacted by the Senate and House of 
llet)resentatwes in General Court assembled, and by the au- 
tJLTity of the satne, That John T. Apthorp, Ebenezer Persons ii.-^ 
Francis, William Pickman, William Pratt, Isaac P. Davis, ^""'^''""^■ 
Wiiliam Sullivan, Daniel Sargent, William Brown, Harri- 
son G. Olis, Thomas C. Amory, Epcs Sargent ;and their 
associates, successors and assigns, shall be, and hereby are 
created a Corporation by the name of the President, Direc- 
tors and Company of the Boston Bank, and shall so con- 
tinue from the first Monday of October next, until the first 
Monday m October which will be in the year of our Lord 
one thousand eight hundred and thirty one, and the said 
Corporation shall always be subject to the rules, restric- 
tioiis, limitations, taxes and provisions, and entitled to the 
same rights, privileges aiKl immunities which are contained 
in an act entitled " An act to incorporate the President, Di- 
rectors and Company of the State Bank," except in so far 
as the same are modified, or altered by this act, as fully 
and e8'v:'ctually as if the several sections of said act were 
herein specially recited and enacted. 

Sec 2. Be it further enacted, That the capital stock of 
the said Corporation, shall consist of a sum, not more than ciinuaistoek 
twelve hundred thousand dollars, in gold and silver, to be 
besides such part as this Commonwealth may subscribe 
in manner herein after mentioned, divided into shares of 
one hundred dollars each, wiiich shall be paid in maimer 
following, that is to say, one fourth part thereof, on or be- 
fore the first day of October next, and the residue on tiie whci, to i- 
first day of July in the year one thousand eight hundred and i''"' 
thirteen, or as much sooner, and in such instalments as the 
Stockholders shall direct, and anv Director of the Boston 



48 BOSTON BANK. June 23, IS12. 

Bank, may be elligible as a director of the Bank hereby 
estabhshed, 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 Corpora- 
May hold tion are hereby made capable in law, to have, hold, pur- 
eMatc. chase, receive, possess, enjoy and retain to them, their 

successors and assigns, lands, rents, tenements and heredit- 
aments, to the amount of fifiy thousand dollars and no more, 
at an}' 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 se- 
ProTiso. curity as they shall think advisable, provided however, that 
nothing herein contained, shall restrain or prevent said 
Corporation from taking and holding real estate in mort- 
gage or on execution, to any amoimt as security for, or in 
Proviso, payment of any debts due to the said Corporation, and pro- 
vided Jurther, that no monies shall be loaned, or discounts 
made, nor shall any bills or promissory notes be issued 
from said Bank, until the capital subscribed and paid in, 
and existing in gold and silver in their vaults shall amount 
to three hundred and seventy five thousand dollars, nor 
until the said capital stock actually in said vaults, shall 
have been inspected and examined by three Commission- 
ers, 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 actually existing in said 
vaults, and to ascertain by the oath of the Directors of said 
Bank, or some of them, that said capital stock hath been 
bona fide paid in by the Stockholders of said Bank, and 
towards payment of their respective shares, and not for 
any other pur|X)se, and it is intended therein to remain as 
part of said capital, and to return a certain certificate there- 
of to the Governor. 

Sec 3. Be it further enacted. That the said Bank shall 
be established and kept in the town of Boston aforesaid. 
Sec. 4. Be it further enacted. That whenever the Leg- 
Shaii Joan islature shall require it, the said Corporation shall loan to 
!^omv^eaUh"'^he Commonweakh any sum of money which may be re- 
quired, not exceeding one hundred and twenty thousand 



BOSTON BANK. June 23, 1812. 49 

dollars at any one time, reimbursable by five annual in- 
stalments, or at any shorter periods, at the election of the 
Commonwealth, with the annual payment of interest, at a 
rate not exceeding five per cent per annum. Provided Proviso, 
however^ tliat the Commonwealth shall never at any one 
time stand indebted to said Corporation without their con- 
sent for a larger sum than three hundred thousand dollars. 

Sec 5. Be it further enacted^ That the persons herein 
before named, or any three of them are authorized to call Mny caii 
a meeting of the members and Stockholders of said Cor- "^*""^* 
poration as soon as may be, at such time and place as they 
may see fit, (by advertising the same in any two Newspa- 
pers printed in Boston,) for the purpose of making, or- 
daining and establishing such bye-laws and regulations, for May mak? 
the orderly conducting the affairs of said Corporation as ^*^"'*^' 
the Stockholders shall deem necessary, and for the choice 
of the first board of directors, and such other officers as they 
shall see fit to choose. 

Sec. 6. Be it further enacted^ That in addition to the 
capital. stock aforesaid of twelve hundred thousand dollars, 
the Commonwealth shall be interested in the said Corpora- rommon- 
tion to the amount of six hundred thousand dollars, vvhich hoiVstock.*^'' 
shall be paid by an assignment to said Bank of the stock 
now owned by the Commonwealth in the Boston Bank, to 
be made by his Excellency the Governor, with the advice 
of Council, which he is hereby authorized to make un- 
der his hand, and the seal of the Commonwealth, w^ien- 
ever he shall be certified that the Bank established by this 
act has commenced discounting. 

Sec 7. Be it further enacted^ That the Treasurer of the 
Commonwealth for the time being, shall ex officio be a Treasurer 
Director of said Bank, in addition to the directors by law of. st«te to be 

JDi rector. 

to be chosen by the Stockholders, and the Legiilature shall 
have a right from time to time to appoint a number of Di- 
rectors 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 hereafter they shall judge fit to exer- 
cise that right. 

Sec 8. Be it further enacted^ That the Bank hereby 
established, shall be authorized to receive from the Boston 
Bank transfers of any bonds-, mortgages, or other securities, 



50 BATH BANK. June 23, 1812. 

such bonds and mortgages, to be considered as part of the 
sum required by this act to be loaned on securities of that 
description. 

Sec. 9. Be it further enacted^ That whenever the Leg- 
islature shall order and direct, the said President, Directors 
and Company, shall after nine months notice, be held and 
obliged to purchase of the Commonwealth, its capital stock 
Proviso. owned in said Bank, or any part thereof at par. Provided, 
that not more than one half of said capital stock shall be thus 
purchased at one time ; and the Treasurer is hereby au- 
thorized from tune to time, to transfer to the said President, 
Directors and Company, such sums of said capital stock, as 
shall by them be purchased as aforesaid, upon payment of 
the purchase money into the Treasury. 

[Approved by the Governor June 23, 1812.] 



CHAP. XXXV. 

An Act to incorporate the President, Directors, and Com- 
pany of the Bath Bank. 

Sec 1. X>E it enacted by the Senate and House of 
liepresentatives in General Court assembled^ and by tJie au- 
Persons in- thortty of the sa?ne^ That William King, Joshua Wingate, 
ipoia e . j^j^^ ^^^ Jonathan Page, their associates, ^successors, and 
assigns, shall be, and hereby arc created a corporation by 
the name of The President, Directors and Company of the 
Bath Bank, and shall so continue from the first day of Oc- 
tober next for the term of nineteen years next ensuing and 
by that name shall be, and Iiereby 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 bye- 
May make , t i i • 
bjc-iaws. laws, ordinances, and regulations as to them may appear 

necessary and convenient for the government of the said 

corporation and the prudent management of their affairs ; 

Pioviso. pi'ovided such bye-laws, ordinances and regulations shall 

in no wise be contrary to the Constitution and laws of this 

Commonwealth, and the said corporation shall be always 

subject to the rules, restrictions, limitations and provisions 

herein prescribed. 



BATH BANK. . June 23, 1812, 51 

Sec. 2. Be it further enacted, That the capital stock of ^^P'^''^'*^'''''' 
said corporation shall consist of one hundred thousand dol- 
lars in gold and silver, divided into shares of one hundred 
dollars each. The one hundred thousand dollars shall be 
paid in the following manner, lo wit, twenty five thousand ^^^^^^ ^^ 
dollars shall be paid in on or before the first day of De- paid. 
cember next, and the remaining seventy five thousand dol- 
lars, on or before the first day of December, which will be 
in the year of our Lord one thousand eight hundred and 
thirteen, or by instalments in such sums and at such ear- 
lier periods as the stockholders may direct, 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 corpora- 
tion 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 twenty thousand dollars, and 
no more, at any one time, with power to bargain, sell, and 
dispose of the same, and to loan and negotiate their monies 
arid effects by discounting on banking principles on such 
security as they shall think advisable. Provided hoxv ever, 
that nothing herein contained shall restrain or prevent the 
said corporation from taking and holding real estate in 
mortgage or on execution to any amount as security for, 
or in payment of any debts due to the said corporation, 
and provided further that no money shall be loaned, or dis- 
counts made, nor shall any bills or promissory notes be is- 
sued from said bank until the capital subscribed and actu- 
ally paid in, and existing in gold and silver in their vaults 
shall amount to twenty five thousand dollars. 

Sec. 3. Be itfurtlicr enacted, That tl\e rules, limitations 
provisions, restrictions, and reservations which are provided 
in and by the third section of an act entitled " An act to 
incorporate the President, Directors, and Company of the 
State Bank, shall be binding on the bank hereby establish- 
ed. Provided, that the bond required to be given by the Frovisp, 
Cashier shall be in the penalty of ten thousand dollars, that 
the number of Directors to be annually chosen shall be 
seven, and four may constitute a quorum for transacting 
of business and provided also that the airjoynt of bills at any 



5« BATH BANK. June 23, 1812, 

time issued from said bank shall not exceed fifty per cent 
beyond their capital stock actually paid in. 
ITubUsheV^ Sec. 4. Be it further enacted, That the said Bank shall 
be established and kept in the town of Bath. 

Sec. 5. Be it further enacted, That any committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corporation, 
and shall have free access to all their books and vaults, and 
if upon such an examination it shall be found, and after a 
full hearing of said Corporation thereon be determined by 
the Legislature that said corporation have exceeded the 
power herein granted them, or failed to comply with any 
of the rules, restrictions, and conditions in this act provid- 
ml, their incorporation may thereupon be declared forfeited 
and void. 

Sec 6. Be it further enacted. That the persons herein 
May call bcforenamed, or any three of them are authorized to call a 
ee mgs, rneetiug of the members and stockholders of said corpora- 
* tion as soon as may be at such time and place as they may 
see fit (by advertising the same for three weeks successive- 
ly in the Eastern Argus printed in Portland,) for the pur- 
pose of making, ordaining and establishing such bye-laws, 
ordinances and regulations for the orderly conducting the 
aft'airs of the said corporation, as the said stockholders shall 
deem necessary, and for the choice of the first board of di- 
rectors, and such other officers as they shall see fit to choose. 
Sec. 7. Be it further enacted, That it shall be the duty 
of the directors of said bank, to transmit to the Governor 
and Council of this Commonwealth for the time being, once 
in six months at least, and as much oftener as they may re- 
a'stlteinent.'* quirc, 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 cir- 
culation, and of the gold, silver and copper coin, and bills 
of other banks on hand, which statement shall be signed by 
the directors and attested by the Cashier, and shall be veri- 
fied by oath or affirmation before some person competent 
to administer ihe same. 

Sec. 8. Be it further enacted. That the said corporation 
shall be liable to pay any bona fide holder the original 
amount of any note of said bank counterfeited or altered in 
the course of its circulation to a larger amount notwithst^ndr 
ing such alteration. 



BATH BANK. June 23, 1812, 53 

Sec. 9. Be it further enacted^ That the said corporation 
from and after the first Monday of October in the year of 
Lord one thousand eight hundred and twelve, shall pay by 
way of tax to the treasurer of this Commonwealth, for the Shaii pay ths 
use of the same, within ten days after each semiannual div- J^galth""" 
idend, the half of one per cent on the amount of the origi- 
nal stock which shall at the time of said dividend have been 
actually paid in. Provided however, that the same tax pay- Pi-ovir.. 
able in manner aforesaid, shall be required by the Legisla- 
ture of all Banks that shall be hereafter incorporated within 
this Commonwealth, and provided further, that nothing 
herein shall be construed to impair the right of the Legis- 
lature to lay a tax upon any Bank already incorporated un- 
der the authority of this Commonvv^ealth whenever they 
may see fit so to do. 

Sric. 10. Be it further enacted. That one tenth part of 
the whole funds of the said bank, shall always be appropri- 
ated to loans, to be made to citizens of this Commonwealth, 
wherein the directors shall wholly and exclusively regard 
the asrricultural and manufacturing: interest, which loans simii loan to 
shall be made in sums not less than one hundred dollars, wed'ti'"^"^"" 
nor more than five hundred dollars, and upon the perspnal 
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 con- 
dition of paying the interest annually on such loans subject 
to such forfeitures and rights of redemption as is by law 
provided in other cases. 

Skc. 11. Be it further enacted. That whenever the Leg- 
islature shall require it, the said corporation shall loan to 
the Commonwealth any sum of money which may be re- i.-„ndghow 
quired not exceeding ten per centum of the amount of the appronriate^ 
capital stock actually paid in at any one time reimbursable 
by five annual instalments or at any shorter period at the 
election of the Commonwealth with the annual payment of 
interest at a rate not exceeding five per centum per annum ; 
Provided however that the Commonwealth shall never at proviso 
any one time stand indebted to said corporation without 
their consent for a larger sum than twenty per centum on 
the capital stock actually paid w.. 

Sec. 12. Be it furtl^gr enacted. That the Commonwealth 
shall have a right whenever the Legislature shall make pro- 
vision by law to subscribe on account of the Common- 



54 WORCESTER BANK. June 23, 1812. 

wealth a sum not exceeding fifty thousand dollars to be 
added to the capital stock of said Company subject to such 
rules, regulations and provisions, as shall be by the Legis- 
lature made and established, as to the management thereof. 
[Approved by the Governor June 23, 1312.] 



CHAP. XXXVI. 

An Act to incorporate the President Directors and Com- 
pany of the Worcester Bank. 

Sec. 1. XS E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the au- 
. thorify oj" the sanie, Thdt Daniel Waldo, Benjamin Hay- 

carporated. wood, Olivcr Fisk, Nathaniel Paine, Isaiah Thomas, Sam- 
uel Flagg, and Levi Lincoln, Jun. their associates succes- 
sors and assigns, shall be, and hereby are created a Cor- 
poration by the name of The President Directca"s and 
Company of the Worcester Bank and shall so continue until 
the first day of October, which will be in the year of our Lord 
one thousand eight hundred and thirty one, and by that name 
shall be, and hereby are made capable in law, to sue, and 
be sued, plead and be impleaded, defend and be defended 
in any Courts of Record or any place whatever, and also 
to make, have, and use a common seal, and to ordain 
establish and put in execution such bye-laws, ordinances 
and regulations as to them may appear necessary and 
convenient, for the government of said corporation and 
the prudent management of their affairs. Provided such 

Proviso- bye-laws, ordinances, and regulations, shall in no wise be 
contrary to the constitution and laws of this Commonwealth, 
and the said corporation shall be always subject to the rules 
restrictions, limitations and provisions herein prescribed. 

Sec. 2. Be it further enacted^ That the capital stock 
of the said corporation shall consist of the sum of Two 
hundred thousand Dollars, in gold and silver divided into 
apitai&tock. shares of one hundred dollars each which shall be paid in at 
four equal instalments, the first on the first day ^of October 
next, the second on the first day of January next after, the 
' third on the first day of April next after, and the fourth on 



WORCESTER BANK. June 20, IQlSi^ 55 

the first day of July next after ; or at siicli earlier times as 
the Stockholders at any meeting thereof may order. And 
the Stockholders at their first meeting shall by a majority of 
votes, determine the mode of transferring and disposing of 
said stock and the profits thereof, which being entered on 
the books of said corporation, shall be binding on the 
Stockholders, their successors and assigns, and the said 
corporation are hereby made capable in law .to have, hold, ^J^^y hold es^ 
jDurchase, receive, possess, enjoy and retain to them their 
successors, and assigns, lands, rents, tenements, and he- 
reditaments to the amount of thirty thousand dollars, and 
no more, at any one time, with power to bargain, sell, and 
dispose of the same, and to loan and negotiate their monies 
and effects, by discounting on banking principles on such 
security as they shall think proper. Provided however, ' '•ov^^. 
That nothing herein contained, shall restrain or prevent the 
Said corporation from taking and holding real estate in 
mortgage, or on execution to any amount as security for, 
rr in payment of any debts due to the said corporation; 
and provided Jurther, that no money shall be loaned or dis- 
counts made, nor shall any bills or promissory notes be 
issued from said bank, until the capital subscribed and ac- 
tually paid in, and existing in gold and silver in their vaults 
shall amount to fifty thousand dollars. 

Sec. 3. Be it further enacted. That the rules, restric- 
tions limitations, reservations and provisions, which are 
provided in and by the third section of an iK:t entitled An 
act to incorporate the President Directors and Company 
of the State Bank shaft be binding on the bank hereby es- 
tablished. Provided only that any Director of the Worces- P'-^vis* 
ter bank now existing may be eligible as a Director of the 
bank hereby established ; that the bond required to be given 
by the Cashier, shall be given in the penalty of twenty Bonti of dijr 
thousand dollars, that the number of Directors to be ^''''"'='^* 
annually chosen shall be seven, and four may constitute a 
quorum for the transaction of business. And provided 
also, that the amount of bills at any time issued from said 
bank shall not exceed fifty per cent beyond the capital 
stock actually paid in. 

Sec 4. Be it further enacted. That the said Bank shall 
be established and kept in the town of Worcester in the 
County of Worcester- 



56 WORCESTER BANK. June 23, 1812 



Sec. 5. Be it further enacted. That any Cbmmittee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corpora- 
Legisiature tiou and shall have free access to all their books and vaults, 
cesl'to vluitsj ^^^ if upon such an examination it shall be fouiid, and af- 
^«5- ter a full hearing of said corporation thereon be determined 

by the Legislature tliat 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. Be it further enacted. That the persons herein 
before named, or any three of them are authorized to call a 
Way hold meeting of the members and Stockholders of said corpo- 
toecting. ration as soon as may be, at such time and place as they 
may see fit (by advertising the same for three weeks suc- 
cessively in the National iEgis and Massachusetts Spy,) 
' for the purpose of making, ordaining and establishing such 
bye-laws ordinances and regulations for the orderly con- 
ducting the affairs of said corporation as the said Stock- 
holders shall deem necessary, and for the choice of the first 
board of Directors, and such other officers as they shall 
see fit to choose. 

Sec. 7. Be it further enacted, That it shall be the duty 
Shall exhibit of the Dircctors of said Bank to transmit to the Governor 
a statement and Council of tliis Commonwcalth for the time beins: once 
in six months at least, and as much oftener as they may re- 
quire, 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 cir- 
culation, 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 veri- 
fied by oath or affirmation before some person competent 
to administer the same, 
gj^ jj Sec 8. Be it further enacted, that the said corporation 

iheir notes shall be liable to pay to any bona fide holder the original 
^ounterieitor gj^Q^jj^j. ^^f ^ny notc of Said bank counterfeited or altered, 
in the course of its circulation to a larger amount, notwith- 
standing such alteration. 

Sec 9. Be it further enacted, That the said corporation 
from and after tly? first Monday of October next, shall pay 



WORCESTER BANK. 7^2^23,1812. ^ 57 

by way of tax to the Treasurer of this Commonwanlth shaii pay a 
for the use of the same, within ten days after each semi- TrelTaurerof 
annual dividend, the half ol' one per cent, on the amount State. 
of the original stock which shall at the time of said dividend 
have been actually paid in. Provided however. That the ProvUo. 
same tax payable in manner aforesaid shall be required by 
the Legislature of all banks, that shall be hereafter incor- 
porated within this Commonwealth, and provided further^ 
that nothing herein slt^U be construed to impair the rights 
of the Legislature to lay a tax upon any bank already incor- 
porated under the authority of this Commonwealth when- 
ever they may see fit so to do. 

Sec. \o. Be it further enacted, That one tenth part of 
the whole funds of said bank shall always be appropriated Amount to 
to loans, to be made to citfzens of this Commonwealth, I^fg^f['^"i^i|^s; 
and wiierein the Directors shall wholly and exclusively re^ 
gard the agricultural and manufacturing interest, which 
loans shall be made in sums not less than one hundred Amount of 
dollars, nor niore than five hundred dollars, and upon the '^'^^^' 
personal bond of the borrower, with collateral security by a Security foi 
mortgage of real estate to the satisfaction of the Directors of ^°^"^" 
said Bank, for a term not less than one year, and on con- 
diiion of paying the interest annually on such loans subject 
to such forfeitures, and rif:!:ht of redemption as is by law 
prescribed in other cases. Provided however, that the said Provi/;©. 
bank may take, receive and hold by assignment any such 
mortgages as are already held by the existing Bank in the 
town of Worcester, and which may be assigned and taken 
by agreement between the tuo corporations, the amount of 
which shall be deemed and considered aci an original loan 
to be mf»de as above directed. 

Sec 11. Be it further enacted, that whenever the Leg- 
islature shall require it, tile baid corporation shall loan to shaii loan to 
the Commonwealth any sum of money not exceeding ten wca'i^i.u.^'^^^"^ 
per centum of the amount of the Capital Stock actually 
paid in at any one time reimbursable by five annual instal- 
ments or at any shorter period at the election of the Com- 
monwealth with the annual payments of interest, at a rate 
not exceeding five per centum per annum. Provided how- Proviso. 
ever. That the Comrnonviealth bhail never at any time, 
stand indebted to said corporation without their consent 
for a larger sum than twenty per centmn of the capital &tQck 
actually paid in.' 
H 



58 



CUMBERLAND BANK. 



June 23, 181i2, 



Comm on- 
wealtU may 
hold Stock. 



Sec. 12. Be it further enacted. That the Common wealth 
shall have a right whenever the Legislature shall make pro- 
vision by law to subscribe on account of the Commonwealth 
a sum not exceeding one hundred thousand dollars, to be 
added to the capital stock of said company, subject to such 
rules, regulations and provisions as shall be by the Legisla- 
ture made and established as to the management thereof. 
[Approved by the Governor June 23, 1812.] 



CHAP. XXXV. 



Persons in- 
corpoi-atcd. 



Proviso. 



Cayjital 
Stock. 



An Act to incorporate the President, Directors' and Com- 
pany of the Cumberland Bank. 

Sec 1. -Ly E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the au* 
thority of the same^ That Isaac Ilsley, Asa Clap, Zachariah 
Marston, John Dean, Thomas Robinson, James C. Jewett, 
Robert Illsley, Albert Newhall, Joseph E. Foxcroft, 
Samuel Trask, Israel Richardson, Samuel Freeman, 
Joshua Richardson, and George Bradbury, their asso-' 
ciates, successors, and assigns, shall be, and hereby are 
created a Corporation by the name of The President, Direc- 
tors and Company of the Cumberland Bank, and shall so 
continue from the first day of October next, for the term 
of nineteen years next ensuing, and by that name shall be, 
and hereby are made capable in lav/ 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 bye-laws, ordinances and regu- 
lations as to them may appear necessary and convenient, 
for the government of the said corporation, and the prudent 
management of their aftairs. Provided such bye-laws, or- 
dinances and regulations, shall in no wise ba contrary to 
the Constitution and laws of this Commonwealth, and the 
said corporation shall be always subject to the rules, restric- 
tions, limitations and provisions herein prescribed. 

Sec. 2. Be it further enacted. That the capital stock of 
the said corporation shall consist of three hundred thousand 
dollars in gold and silver, divided into sh^es of one hundred 
dollars each, which shall be pai^l in at four equal instalments, 



CUMBERLAND BANK. June 23, 1812. 59 

the first on the first day of October, the second on the first 
day of January next, the third on the first day of April next, 
andthefourth on the first day of July next after ; and as much 
sooner as the Stockholders shall direct. And the Stock- 
holders at their first meeting shall by a majority of votes, 
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- 
chase, receive, possess, enjoy, and retain to them their 
successors, and assisrns, lands, rents, tenements, and hered- May hoW es<. 

» 1 tate 

itaments to the amount of fifty thousand dollars, and no 
more at any one time, with power to bargain, sell, and dis- 
pose of the same, and to loan and negotiate their mpnies 
and effects, by discounting on banking principles on such 
security as they shall think advisable. Provided however^ Proviso. 
That nothing herein contained, shall restrain or prevent 
the said corporation from taking and holding real estate in 
mortgage, or on execution to any amount as security for, 
or in payment of any debts due to the said corporation, and 
provided further^ that no money shall be loaned or dis- 
counts made, nor shall any bills or promissory notes be 
issued from said bank, until the capital subscribed and ac- 
tually paid in, and existing in gold and silver in their vaults 
shall amount to seventy five thousand dollars. 

Sec. 3. Be it further enacted That the rules lim- 
itations, and provisions, which are provided in and by 
the third section of an act entitled. An act to incor- 
porate the President, Directors and Company of the State 
Bank shall be binding on the bank hereby estabhshed. 
Provided that the bond required to be given by the Cash- 
ier, shall be given in the penalty of twenty thousand dollars, 
that the number of Directors to be annually chosen 
shall be nine, and five may constitute a quorum for the 
transaction of business. And provided ako, that the 
amount of debts at any time due from said bank shall not 
exceed fifty per cent beyond their capital stock actually 
paid in, and provided further that any director of the Mame 
Bank, may be eligible as a director of the bank hereby m- 
cor p orated. 

Sec 4. Pe itj^rther enacted, That the said bank shall 
be established and kept in the town of Portland. 



60 CUMBERLAND BANK. June 23, 1812. 

Sec. 5. Be it further enacted^ That any Committee 
specially appointed by tlie Legislature for the purpose, shall 
have a right to examine into the doings of said corpora- 
Legislature tion and shall have free access to all their books and vaults, 
cess'to'*vauUs^ and if upou such an examination it shall Ije found, and af- 
^'^^ ter a full hearing of said corporation thereon be determin- 

ed by the Legislature that said corporation have exceeded 
the power herein granted theiu, or failed to comply with 
any of the rules, restrictions and conditions in this act pro- 
vided, their incorporation may thereupon be declared for- 
feited and void. 

Sec 6. Be it further enacted^ That the persons herein 
before named or any three of them are authorizced to call 
a mcetmg of the members and Stockholders of said corpo- 
tnXtmgs"" ration as soon as may be, at such time and place as they 
may see fit (by advertising the same for three weeks suc- 
cessively in the two Portland newspapers, for the purpose 
of making, ordaining and establishing such bye-laws, ordi- 
• Dances, and regulations for the orderly conducting the affairs 

of the said corporation, as the said Stockholders shall deem 
necessary, and for the choice of the first board of direc- 
tors, and such other officers as they shall see fit to choose. 
Sec. 7. i?(??>y«r^/zcr6'nae<?e"f/. That it shall be the duty of 
Shall exhibit the Directors of said Bank to transmit to the Governor and 
a statement Council of this Commonwealth for the time being, once in 
six months at least, and as much oftener as they may re- 
quire, accurate and just statements of the amounts of the 
capital stock of said corporation, and of debts due to the 
same, of the monies deposited therein, of the notes in cir- 
culation, and of the gold, silver, and copper coin, and the 
bills of other banks on hand, which statement shall be sign- 
ed by the Directors, and attested by the Cashier, and shall 
be verified by oath before some person competent to ad- 
minister the same. 

Sec. 8. Beit further enacted^ That the said corporation 
their* noiJs shall be liable to pay to any bona fide holder the original 
or"or^'^'' amount of any note of said bank counterfeited or altered, 
in the course of its circulation to a larger amount, notwith- 
standing such alteration. 

Sec 9. Be it further enacted^ That the said corpora- 
tion from and after the first Monday of October, in the 
year of our Lord one thousand eight hundred and twelve. 



CUMBERLAND BANK. ^ Ji/we 23, 1812. 61 

shall pay by way of tax to the treasurer of this Common- f^^^^ ^'f,^ ^ 
wealth for the use of the same, within ten days after each treasurer of- 
semi-annual dividend, the half of one per cent, on the *'''^^* 
amount of the original stock which shall at the time of said 
dividend have been actually paid in. Provided however^ Proviso^ 
That the same tax payable in manner aforesaid shall be re- 
quired by the Legislature of all banks, that shall be here- 
after incorporated within this Commonwealth : And pro- 
vided fur thei'^ that nothing herein shall be construed to im- 
pair the rights of the Legislature to lay a tax upon any 
bank already incorporated under the authority of this Com- 
monwealth whenever they may see fit so to do. 

Sec. 10. Be it further enacted^ That one tenth part of Amoimttobe 
the whole funds of said bank shall always be appropriated toSs.'*^** 
to loans, to be made to citizens of this Commonwealth, 
and wherein the Directors shall wholly and exclusively re- 
gard the agricultural and manufacturing interest, which 
loans shall be made in sums not less than one hundred dol- Amount of 
lars, nor more than five hundred dollars and upon the per- '"*"*' 
sonal bond of the borrower, with collateral security by a 
morta:aa:e of real estate to the satisfaction of the directors Security for 
of said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans subject 
to such forfeitures, and rights of redemption as is by law 
provided in -other cases. 

Sec. 11. Be it further enacted^ That whenever the Leg- 
islature shall require it, the said corporation shall loan to , ^'^"^ ;.'"^'^ 

I /"> 11 o 1 • 1 ^'^ ^^^^ Coin 

the Commonwealth any sum ol money which may be re- monweauu. 
quired not exceeding ten per centum of the amount of the 
capital stock actually paid in, at any one time, reimbursa- 
l^le by five annual instalments, or at any shorter period at 
the election of the Commonwealth, with the annual pay- 
ments of interest, at a rate not exceeding five per centum 
per annum. Provided however^ That the Commonwealth Proviso, 
shall never at any one time stand indebted to said corpora- 
tion without their consent for a larger sum than twenty per 
centum of the capital stock actually paid in. 

Sec. 12. Be it further enacted^ That the Commonwealth 
shall have a risfht whenever the Lee'islature shall make pro- Coinmoo. 
vision by law to subscribe on account of the Common- hold stock* 
wealth, a sum not exceeding one hundred and fifty thou- 
sand dollars, to be added to the capital stock of said com- 



62 UNION BANK. , June 23, 1812, 

pany, subject to such rules, regulations, and provisions, as 
shall be by the Legislature made and established, as to the 
management thereof. 

Sec. 13. JJe it further enacted, That said bank may take^ 
receive, and hold by assignment, any such mortgages as are. 
already held by the Maine Bank, and which may be as- 
signed, and taken by agreement between the uvo corpora- 
tions, the amount of which shall be considered as an orig-^ 
inal loan to be made as above directed. 

[Approved by the Governor June 23, 1812.] 



CHAP. XXXVIII. 

An act to incorporate the President, Directors and Com- 
pany of the Union Bank. 

Sec. 1. x5E it enacted hy the Senate and House of 

J^epresentatives in General Court assembled, and by the 

^ev%onsh\- authority of the same. That Oliver Wendell, Samuel 

«orporated. Brown, Stephen Codman, Tliomas L. Winthrop, Hender- 
son Inches, John Welles, Benjamin Joy, Benjamin Bussey, 
Samuel Cobb, Timothy Bigelow, John Davis, Josiah 
Quincy, and their associates, successors and assigns, shall 
be and are hereby created a Corporation, by the name 
of the President, Directors and Company of the Union 

^ How long Bank ; and shall so continue from the first Monday of 
October next, until the first Monday of October, which 
shall be in the year of our Lord one thousand eight hun- 
dred and thirty one, and the said corporation shall always 
be subject to the rules, reservations, restrictions, limita- 
tions, taxes.and provisions, and entitled to the same rights, 
privileges and imnuinities which are contained in an act, 
entitled " An Act to incorporate the President, Directors 
and Company of the Suue Bank," except so far as the 
same are modified or altered by this act, as fully and effect- 
ually as if the several sections of said act, were herein spec- 
ially recited and enacted. 

Sec. 2. Be it further enacted. That the capital stock of 
SioSi. said corporation shall consist of a sum not more than 
eight hundred thousand dollars, in gold and silver, to be, 
besides such part as this Commonwealth shall subscribe in 



tJNION BANK., June 23, 1812. €3 

manner hereafter mentioned, divided into shares of one 
hundred cioUars each, which t,hall be paid in manner foUovv- 
ine, that is to say. one fourth part thereof on or before the , When t« 
first day of October next, and the residue on the first day 
of July, in the year of our Lord one thousand eight hun- 
dred and thirteen, or as much sooner, and in such instal- 
ments as the Stockholders shall direct, and any Director of 
the Union Bank may be eligible as a Director of the Bank 
hereby established ; and the Stockholders at their first 
meeting shall by a majority of votes determine the mode of 
transferring and disposing of said stock and profits thereof, 
which being entered in the books of said corporation shall 
be binding on the Stockholders, their successors and as- 
signs, until they shall otherwise determine, and the said 
corporation are hereby made capable in lav/ to have, hold. May hx.w, 
purchase, receive, possess, ^n joy and retain to them, their ^^'^''^*^- 
successors and assigns, lands, rents, tenements, and hered- 
itaments, to the amount of one hundred thousand dollars, 
and no more at any one time, with power to bargain, sell 
and dispose of the same, and to loan and negotiate their 
monies and eftects, by discounting on banking principles, 
on such security as they shall think advisable. Provided Provis*, 
hoxvever^ that nothing herein contained shall restrain or pre- 
vent the said corporation from taking and holding real es- 
tate in mortgage or on an execution, to any amount as se- 
curity for, or in payment of any debts due */^ said corpo- 
ration. And provided further^ that no monies shall be Piofis*. 
loaned, or discounts niade, nor shall any bills or promisso- 
ry notes be issued froin said Bank, until the capital sub- 
scribed and paid in, and existing in gold and silver in their 
vaults, shall amount to two hundred and forty thousand 
dollars, nor until the said capital stock actually in said 
vaults shall have been inspected and examined by three 
Commissioners, to be appointed bv^ the Governor for that . Commts. 
purpose, whose duty it shall be, at the expense of said pomtefi. 
corporation, to examine and count the monies actually "^"'"^.^ 
existing in said vaults, and to ascertain by the oath of the 
Directors of said Bank, or some of them, that said Capital 
hath been, bona fide, paid in by the Stockholders of said 
Bank, and towards payment of their respective shares, and 
not for any other purpose, and it is intended therein to re 
main as part of said Capital, and to return a certificate 
thereof to the Governor. 



U UNION* BANK. . June 23, 1812, 

Sec. 3. Be it further enacted^ That the said Bank shall 
be established and kept in the town of Boston. 

Sec. 4. Be it further enacted^ That whenever the Leg- 
shaiMoanto islature shall require it, the said corporation shall loan to 
MeaitL?"*°" the Commonwealth any sum of money which may be re- 
quired, not exceeding eighty thousand dollars at any one 
time, reimbursable by five annual instalments, or at any 
shorter period, at the election of the Commonwealth, with 
the annual payment of interest at a rate not exceedin,e^ five 
Proviso, per centum per annum. Provided how tver^ that the Com- 
monwealth shall never at any one time stand indebted to 
said corporation without their consent, for a larger sum 
than two hundred thousand dollars. 

Sec. 5. Be it further enacted^ That the persons herein 
before named, or any three of them, are authorized to call 
May call a mectina: of the Stockholders- of said corporation as soon 
as may be, at such time and place as they may see fit, by 
advertising the same in any two newspapers printed iu 
Boston, for the purpose of making, ordaining, and estab- 
May make lishinp' such bvc-laws and rearulations for the orderlv con- 
ducting the afiairs of said corporation, as the Stockholders 
shall deem necessary, and for the choice of the first board 
of Directors and such other officers as they shall see fit to 
choose. 

Skc. 6. Be it further enacted^ Thiat in addition to the 

capital stock aforesaid of eight hundred thousand dollars, 

Common- the Commonwealth shall be interested in said corporation 

be'^'coucelS ^^ ^^ amouut of four hundred thousand dollars, Vv hich 

^^' shall be paid by an assignment to said Bank of tlie stock 

now owned by the Commonwealth in the Union Bank, to 

be made by his Excellency the Governor, with advice of 

the Council, which he is hereby authorized to make, under 

his hand and the seal of the Commonwealth whenever he 

shall be certified that the Bank established by this act ha» 

commenced discounting. 

Secretary ^^C' "* ^^ it further CTiacted, That the Secretary of the 

of state shaii Commonwcalth, for the time being, shall, ex officio, be a 

ea irec oi. j)jj.g(,j.Qj. q^ ^^^^ Bank, in addition to the Directors by Law 

Legislature to bc choscu by tlic Stockholdcrs ; and the Legislature 

may appoint sh^ll havc a right, from time to time, to appoint a number 

of Directors of said Bank, in the proportion that the sums 

paid in from the Treasury of the Commonwealth shall bear 



I'HCENIX BANK. June 23, 1812. 65 

to the whole amount of the stock actually paid into said 
Bank, if at any time hereafter they shall see fit to exercise 
that riglu. 

Src. 8. Be it further enacted^ That the Bank hereby es- 
tablished, shall be authorized to receive from the Union 
Bank, transfers of any bonds, mortgages, or other securi- 
ties ; such bonds and mortgages to be considered as a part 
of the sum required by this act to be loaned on securities 
of that description. 

Sec. 9. And he it further enacted. That whenever the Leg- 
islature shall order and direct, the said President, Directors Shaii pur- 
and Company, shall after nine months notice, be held and stock owned 
obliged to purchase of the Commonwealth, its capital stock |^on*^Je^^°{"^' 
owned in said Bank, or any part thereof at par. Provided, Pioviso. 
that not more than one half of said capital stock, shall be 
thus purchased at one time, and the Treasurer is hereby 
authorized from time to time to transfer to the said Presi- 
dent, Directors and Company, such sums of said capital 
r.tock as shall by them be purchased as aforesaid, upon 
payment of the purchase money into the Treasury. 
[Approved by the Governor June 23, 1812.] 



CHAP. XXXIX. 

An act to incorporate the President, Directors and Compa- 
ny of the Phoenix Banl>:. 

Sec 1. \yY. it enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the authority 
ofthesaine. That Daniel Coffin, Isaac Coffin, Silvanus Macy, 
Zenas Coffin, Obed Macy, James Barker, Paul Gardner, Jr. corpomted. 
George Gardner 2d. their associates, successors, and assigns 
shall be, and hereby are created a Corporation by the name 
of The President, Directors and Company of the PhcEnix 
Bank, and shall so continue from the first day of October 
next, for the term of nineteen years next ensuing, and by 
that name shall be, and hereby are made capable in law, to 
sue, and be sued, plead and be impleaded, defend and be 
defended in any Courts of Record or any other place what- 
ever, and also to make, have, and use a common seal, and 
to ordain., establish and put in execution such bye-laws. 



Persons m 



66 PHCENIX BANK. June 23, 1812, 



ordinances and regulations as to them may appear neces- 
Proviso. sary and convenient, for the government of the said corpora- 
tion and the prudent management of their affairs. Provided 
such bye-laws, ordinances and regulations, shall in no wise 
be contrary to the Constitution and laws of this Common- 
wealth, and the said corporation shall be always subject to 
the rules, restrictions, limitations and provisions herem pre- 
scribed. 

Sec 2. Be it further enacted^ That the capital stock 
Capital stock, of the said corporation shall consist of one hundred thousand 
dollars in gold and silver, divided into shares of one hun- 
dred dollars each, one quarter part thereof shall be paid in 
on the first day of October next, and the residue on or betore 
paid? ° ^ the first day of July in the year of our Lord one thousand 
eight hundred and thirteen ; and the Stockholders at their 
first meeting shall by a majority of votes, determine the 
mode of transferring and disposing of said stock and the 
profits thereof, which being entered in the books of said 
corporation, shall be binding on the Stockholders, their 
successors and assigns, and the said corporation are hereby 
May hold es-tnade capable in law to have, hold, purchase, receive, pos- 
tate. sess, enjoy and retain to them, their successors, and assigiiSj 

lands, rents, tenements, and hereditaments to the amount of 
twelve thousand dollars, and no mo"e at any one time, with 
power to bargain, sell and dispose of the same, and to loan 
and negotiate their monies and effects, by discounting on 
banking principles on such security as they shall think ad- 
. . visable. Provided however. That notliing herein contain- 
ed, shall restrain or prevent the said corporation from tak- 
ing and holding real estate in mortgage, or on execution, 
to any amount as security for, or in payment of any debts 
due to the said corporation, and /^roi^i^^^^yMrM^r, that no 
money shall be loaned or discounts nsade, nor shall any 
bills or promissory notes be issued from said bank,^ un- 
til the capital subscribed and actually paid in, and existing 
in gold and silver in their vaults, shall amount to twenty 
five thousand dollars, no part of which shall be vested in 
real estate. 

Sec. 3. Be it further enacted, That the rules, limitations 
and provisions, which are provided in and b)^ the third sec- 
tion of an act entitled. An act to incorporate the President, 
Directors and Company of the State Bank, shall be binding 
on the bank hereby established. Provided^ that the bond 



PHCENIXBANK. June 23, 1812. 67 

required to be given by the Cashier, shall be given in the Cashier shall 
penahy of twenty thousand dollars, and that the number ^'^'^ 
of Directors to be ansiuully chosen shall be nine, and five 
may constitute a quorum for the transaction of business, 
und provided also that the amount of debts at any tiine due 
from said bank shall not exceed fifty per cent beyond the 
capital stock actually paid in. 

Sec. 4. Be it further enacted, That the sa'd Bank shall 
be established and kept in the town of Nantucket. 

Sec. 5. Be it further enacted, That any comtnittee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corporation, Legislature 
and shall have free access to all their books and vaults, and !'!"" ^f J^ '*''• 
if upon such an exammation it shall be iound, and after a 
full hearing of said corporation thereon be determined by 
the Legislature that sind corporation have exceeded the 
power herein granted them, or failed to comply widi any 
of the rules, restrictions, and conditions in this act provid- 
ed, their incorporation may thereupon be declared forfeited 
and void. 

Skc. 6. Be it further enacted^ That the persons herein 
before named, or any three of them are authorized to call 
a meeting of the members and Stockholders of said corpo- ^^^^ ^^^^ 
ration as soon as may be, at such time and place as they mtetiogs. 
may see fit (by advertising the same for three weeks suc- 
cessively in the town of Nantucket) for the purpose of 
making, ordaining and establishing such bye-laws, ordi- 
nances and regulations for the orderly conducting the af- 
fairs of the said corporation, as the said Stockholders shall 
deem necessary, and for the choice of the first board of di- 
rectors, and such other officers as they shall see fit to choose. 

Siic. 7. Be it further enacted^ That it shall be the duty 
of the directors of said Bank to transmit to the Governor 
and Council of this Commonwealth for the time being, 
once in six months at least, and as much oftener as they 
may require, accurate and just statements of the amounts ^'^^"^^^^^1^^"^ 
of the capital stock of said corporation and of debts due to 
the same, of the monies deposited therein, of the notes in 
circulation, and of the gold, silver, and copper coin, and 
the bills of other banks on hand, which statement shall be 
signed by the directors, and attested by the cashier, and 
shall be verified by oath, or affirmation, before some person 
competent to administer the same. 



68 PHOENIX BANK. June 23, 1812. 

Skc, 8. Be it further enacted, that the said corporation shall 
be liable to pay to any bona fide holder the original amount 
of any note of said bank, counterfeited or altered, in the 
course of its circulation to a larger amount, notwithstand- 
ing such alteration. 

Sec. 9. Be it further enacted. That the said corporation 
from and after the first Monday of October, in the year of 
our Lord one thousand eight hundred and twelve, shall pay 
Shall pay tax by wav of tax to the treasurer of this Commonwealth for 
*? Vr'"^"^ ^^^ "^^ ^^ ^^^ same, within twenty days after each semi- 
annual dividend, the half of one per cent, on the amount of 
the original stock which shall at the time of said dividend 
Provisfr, have been actually paid in. Provided Iioxvever^ That the 
same tax payable in manner aforebaid, shall be required by 
the Legislature, of all banks, that shall be hereafter incor- 
porated within this Commonwealth. And provided fur- 
ther^ that nothing herein shall be construtd to impair the 
rights of the Legislature to lay a tax upon any bank al- 
ready incorporated under the authority of this Common- 
wealth, whenever they may see fit so to do. 

Skc. 10. Be it further enacted^ That whenever the Leg- 
islature shall require it, the said corporation shall loan to 
Shall loan to ^j-j^ Commonwealth any sum of money which may be re- 
vieaiih™^ "' quired, not exceeding ten per centum of the amount of the 
capital stock actually paid in, at any one time, reimbursable 
by five annual instalments or at any shorter period at the 
election of the Commonwealth, with the annual payments 
of interest, at a rate not exceeding fiv^e per centum per 
Proviso, annum. Provided however. That the Commonwealth shall 
never at any one time, stand indebted to said corporation 
without their consent for a larger sum than twenty per 
centum of the capital stock actually paid in. 
Common- ^^^- ^^' ^^ it further enacted. That the Commonwealth 
•wealth " to shall havc a right whenever the Legislature shall make 
hcH^stock. pj.Qyjgj[Qn |)y law to subscribe on account of the Common- 
wealth a sum not exceeding fifty thousand dollars, to be 
added to the capital stock of said company, subject to such 
rules, regulations and provisions as shall be by the Legis- 
lature made and established as to the management thereof. 
Sec 12. Be it further enacted. That one tenth part of 
nf?Pp"oVK ^^ whole funds of said bank, shall always be appropriated 
ated to loans, to loans, to be made to citizens of this Commonwealth, and 



SALEM BANK. June 23, 1812, 60 

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 
ijank, for a term not less than one year, and on condition 
of paying the interest annually on such loans, subject to 
such forfeitures, and right of redemption as is by law pro- 
vided in other cases. 

[Approved by the Governor June 26, 1812.] 



CHAP. XL. 

An Act to incorporate the President, Directors and Com- 
pany of the Salem Bank. 

Sec. 1. 1>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the au- 
thority of the same. That Joseph Peabody, Nathaniel Silsl- J^l'^^?^lX 
ber, Ichabod Nichols, Moses Townshend, John Derby, 
Jonathan Neal, and Benjamin Peirce, their associates, suc- 
sors and assigns, shall be, and hereby are created a Cor- 
poration by the name of The President, Directors and 
Company of the Salem Bank, and shall so continue until "°^ '°"S to 

I ^ ' p T J continue. 

the first day of October, which will bem the year ot our Lord 
one thousand eight hundred and thirty one, and by that name 
shall be, and hereby are made capable in law, to sue, and 
be sued, plead and be impleaded, defend and be defended 
in any Courts of Record or any place whatever, and also 
to make, have, and use a common seal, and to ordain 
establish and put in execution such bye-laws, ordinances 
and regulations as to them may appear necessary and 
convenient, for the government of said corporation and 
the prudent management of their affairs. Provided such Proviso,. 
bye-laws, ordinances, and regulations, shall in no wise be 
contrary to the constitution and laws of this Commonwealth, 
and the said corporation shall be always subject to the rules, 
restrictions, limitations and provisions herein prescribed. 

Sec. 2. JBe it further enacted. That the capital stock 
of the said corporation shall consist of the sum of Two Capital stcfcit 



TO SALEM BANK. June 2$, 1812. 

hundred thousand Dollars, in gold and silver, divided into 
shares ofone hundred dollars each, which shall be paid in at 
four equal instalments, the first on the first day of October 
next, the second on the first day of January next alter, the 
third on the first day of April next after, and the fourth on 
the first day of July next after ; or at such earlier times as the 
said Stockholders at any meeting thereof may order. And 
the Stockholders at their first meeting shall by a majority of 
votes, determine the mode of transferring and disposing of 
said stock and the profits thereof, which being entered on 
the books of said corporation, shall be binding on the 
Stockholders, their successors and assigns, and the said 
corporation are hereby made capable in law to have, hold, 
purchase, receive, possess, enjoy and retain to them their 
May hold es- succcssors, and assigns, lands, rents, tenements, and he- 
*^^^' reditaments to the amount of thirty thousand dollars, and 

no more, at any one time, with power to bargain, sell, and 
dispose of the same, and to loan and negotiate their monies 
and effects, by discounting on banking principles on such 
Proviso. security as they shall think proper. Provided however^ 
That nothing herein contained, shall restrain or prevent the 
said corporation from taking and holding real estate in 
mortgage, or on execution to any amount as security for, 
or in payment of any debts due to the said corporation ; 
and provided further^ that no money shall be loaned or dis- 
counts made, nor shall any bills or promissory notes be 
issued from said bank, until the capital subscribed and ac- 
tually paid in, and existing in gold and silver in their vaults 
shall amount to fifty thousand dollars. 

Sec. 3. Be it further enacted, That the rules, restric- 
tions limitations, reservations and provisions, which are 
provided in and by the third section of an act entitled An 
act to incorporate the President, Directors and Company 
of the State Bank shall be binding on the bank hereby 
Proviso, established. Proi^zf/^f/ that any Director of the Salem bank 
now existing may be eligible as a Director of the bank 
Bond of (he hereby established ; and that the bond required to be given 
Cashier. by the Cashicr, shall be given in the penalty of twenty 
thousand dollars, and that the number of Directors to be 
annually chosen shall be seven, and four may constitute a 
quorum for the transaction of business. And provided 
akOf that the amount of bills at any vime issued from said 



SALEM BANK', June 23, 1812. 71 

bank, sliall not exceed fifty per cent beyond their capital 
stock actually paid in. 

Sec. 4. Be it further enacted^ That the said Bank shall 
be established and kept in the town of Salem in the Coun- 
ty of Essex. 

Sec. 5. Be it further enact ed^ That any Committee spec* 
lally appointed by the Legislature for the purpose, shall Legislature 
have a right to examine into the doings oi said corpora- cess to vaults 
tion and shall have free access to all their books and vaults, ^''• 
and if upon such an examination it shall be found, and af- 
ter a full hearing of said corporation thereon be determined 
by the Legislature that said corporation have exceeded the 
power her<i).n 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. Be it further enacted, That the persons herein 
before named, or any three of them are authorized to call a 
meeting of the members and Stockholders of said corpo- ^'ay 'low 
ration as soon as may be, at such lime and place as they™^^^'"*' 
may see fit, by advertising the same for three weeks suc- 
cessively in the Salem Gazette and in the Essex Register, 
for the purpose of making, ordaining and establishing such 
bye-laws, ordinances and regulations for the orderly con- 
ducting the affairs of the said corporation as the said Stock- 
holders shall deem necessary, and for the choice of the first 
board of Directors, and such other officers as they shall 
see fit to choose. 

Sec. 7. Be it further enacted, That it shall be the duty 
of the Directors of said Bank to transmit to the Governor 
and Council of this Commonwealth for the time beina:, once 
m SIX months at least, and as much oftener as they may re- 
quire, accurate and just statements of the amount of the Shaii exhibit 
capital stock of said corporation, and of debts due to thCofaccSs"^ 
same, of the monies deposited therein, of the notes in cir- 
culation, 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 veri- 
fied by oath or affirmation, before some person competent 
to administer the same. 

Sec. 8. Be it further enacted, that the said corporation thdrnore/ 
shall be liable to pay to any bona fide holder tiie original counterfeito. 



n SALEM BANK. June 23, 1812. 

amount of any note of said bank counterfeited or altered, 
in the course of its circulation to a larger amount, notwith- 
standing such alteration. 

Sec."9. Be it further enacted, That the said corporation 
from and after the first Monday of October next, shall pay 
by way of tax to the treasurer of this Commonwealth, for 
%haii pay tax the usc of the samc, within ten days after each semi-annual 
to the Com. dividend, the half of one per cent on the amount of the orig- 
inal stock which shall at the time of said dividend have been 
actually paid in. Frovided however, that the same tax pay- 
Proviso, able in manner aforesaid, shall be required by the Legisla- 
ture of all Banks that shall be hereafter incorporated within 
this Commonwealth, and provided further, that nothing 
herein shall be construed to impair the right of the Lcgis- 
1 lature to lay a tax upon any Bank already incorporated un- 
der the authority of this Commonwealth whenever they 
may see fit so to do. 

Siic. 10. Be it further enacted. That one tenth part of 
the whole funds of said bank, shall always be appropri. 
ated to loans, to be made to citizens of this Commonwealth, 
Funds how and wherein the directors shall wholly and exclusively regard 
sppropiiateti.jj^g agricultural and manufacturing interest, which loans 
shall be made in sums not less tiian 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 con- 
dition of paying the interest annually on such loans subject 
to such forfeitures and rights of redemption as is by law 
prescribed in other cases. Provided however, that the said 
Proviso, bank may take, receive and hold by assignment, anr such 
mortgages as are already held by the existing Salem Bank, 
and which may be assigned and taken by agreement be- 
tween the two corporations, the amount of which shall be 
deemed and considered as an original loan to be made as 
above directed. 

Skc. II. Be it further enactedy That whenever the Leg- 
shafl loan to i^laturc shall require it, the said corporation shall loan to 
the Common- the Commonwealth any sum of money not exceeding ten 
**'^'^^' per centum of the amount of the capital stock actually 
paid in at any one time, reimbursable by five annual instal- 
ments, or at any shorter period at the election of the Comi- 



BEVJERLY BANK. ^ June 23, 1^12. 7^ 

monwealth with the annual payments of interest, at a rate not 
exceeding five per centum per annum ; Provided hoivever. Proviso, 
that the Commonweahh shall never at any one time stand 
indebted to said corporation without their consent for a 
larger sum than twenty per centum of the capital stock 
actually paid in. 

Skc. 12. Be it further enacted. That the Commonwealth 
shall have a right, whenever the Legislature shall make pro- 
vision by law, to subscribe on account of the Co:nmon- common- 
wealth a sum not exceedina: one hundred thousand dollars i'^^\''l ™^ 

O • r~\ ' hold istoct. 

10 be added to the capital stock of said Company subject 
to such rules, regulations and provisions, as shall be by the 
Legislature made and established, as to the management 
thereof. 

[Approved by the Governor June 23, 1812.] 



CHAP. XLL 

An Act to incorporate the President, Directors and Com- 
pany of the Beverly Bank. 

Sec 1. i_5E it enactfd hy the Senate and House of 
Representatives, in General Court assembled, and by the an- 
thority of the same. That Moses Brown, William Burley, 
Nicholas Thorndike, Joshua Fisher, Abraham Kilham, caiporatedu, 
Nathan Dane, and their associates, successors and assigns, 
shall be, and hereby are created a Corporation by the name 
of the President, Directors and Company of the Beverly 
Bank, and shall so continue until the first da)^ of October 
which will be in the year of our Lord one thousand eight 
hundred and thirty one, and by that name shall be, and 
hereby are made capable in law to sue and be sued, plead, 
and be impleaded, defend and be defended, in any courts 
of record, or in any other place whatever, and also to make, 
have and use a common seal, and t6 ordain, establish and 
put in execution, such bye-laws, ordinances and regula- May make 
lions as to them may appear necessary and convenient for i'y<^-'''^^s. 
the government of the said corporation, and the prudent 
management of their affairs. Provided such bye-laws, or- Proviscr, 
finances and regulations shall in no wise be contrary to 
K 



Persons ia« 



74 BEVERLY BANK. June 23, 1812, 

the Constitution and laws of this Commonwealth, and the 
said corporation shall be always subject to the rules, re- 
strictions, limitations, and provisions herein prescribed. 
CapitaUtock, Sec. 2. Be it farther enacted^ That the capital stock of 
the said coi^poration shall consist of the sum of one hun- 
dred and sixty thousand dollars, in gold and silver, divided 
into shares of one hundred dollars each, which shall be 
wiientobe P^^^ ^'"^ ^^ ^^*^^ cqual instalments, the first on the first day 
paid. of October next, the second on the first day of January 

next after, the third on the first day of April next after, 
and the fourth on the first day of July next after ; or at such 
earlier times as the stockholders at any meeting thereof 
may order, and the stockholders at their first meeting shall 
by a majority of votes determine the mode of transferring 
and disposing of said stock and the profits thereof, which 
being entered in the books of said corporation^ shall be 
binding on the stockholders, their successors and assigns, 
and the said corporation are hereby made capable in law, 
to have, hold, purchase, receive, possess, enjoy and retain 
to them, their successors and assigns, lands, rents, tene- 
ments and hereditaments to the amount of thirty thousand 
dollars, and no more at any one time, with power to bargain, 
sell and dispose of the same, and to loan and negotiate 
their monies and effects by discounting on banking princi- 
Froviso. pies, on such security as they shall think advisable ; pro- 
vided however, that nothing herein contained shall restrain 
or prevent the said corporation from taking and holding 
real estate in mortgage, or on execution to any amount as 
security for or in payment of any debts due to the said 
corporation. And provided further , that no money shall 
be loaned, or discounts made, nor shall any bills or prom- 
issory notes be issued from said bank, until the capital 
subscribed and actually ptiid in, and existing in gold and 
silver in their vaults shall amount to forty thousand dollars. 
Sec. 3. Be it further enacted^ That the rules, restric- 
tions, limitations, reservations and provisions, which are 
provided in and by the third section of an act entitled "An act 
to incorporate the President, Directors and Company of 
the State Bank," shall be binding on the bank hereby es- 
tablished, provided only, that any director of the Beverly 
Bank now existing may be eligible as a director of the 
bank hereby established, but the bond required to be given 



BEVERLY BANK. June 23, 1812. 75 

by the cashier shall be in the penalty of twelve thousand 
dollars, That the number of directors to be annually chosen 
shall be seven, and four may constitute a quorum for trans- 
action of business. Am\ provided also ^ that the amount of 
bills at any time issued by said bank shall not exceed fifty 
per cent beyond their capital stock actually paid in. 

Sec. 4. Be it further enacted. That the said Bank shall wi.ere to be 
be established and kept in the town of Beverly. 

Sac. 5. Be it further enacted, That any committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corporation, 
and shall have free access.to all their books and vaults, and if , ^??'^'^!'*"^^ 
upon such an examination it shall be found, and after a full cess, bic. 
hearing of said corporation thereon be determined, by the 
Legislature that said corporation have exceeded the pow- 
er 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. 

Siic. 6. Be it further enacted. That the persgns herein jyj^^ ^all 
before named, or any three of them, are authorized to call raeetiiigs. 
a meetmg of the members and stockholders of said corpo- 
ration as soon as may be, at such time and place, as they 
rnay see fit (by advertising the same for three weeks succes- 
sively in the Essex Register and Salem Gazette) for the 
purpose of making, ordaining and establishing such bye- 
laws, ordinances and regulations, for the orderly conduciiiig 
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 
chpose. 

Sec 7. Be it further enacted. That It shall be the duty 
of the directors of said bank, to transmit to the Governor 
and council of this Commonwealth for the time being, once 
in six months at least, and as much oftener as they may re- 3,,^^,, exhibit 
quire, accurate and just statements of the amounts^ of the a statement. 
capital stock of said corporation, and of debts due to the 
same, of the monies deposited therein, of the notes in cir- 
culation, and of the gold, silver, and copper coin, and the 
bills of other banks on hand, which statement shall be sign- 
ed by the directors, and attested I^y the cashier, and shall 
be verified by oath or afiirmation before some person com» 
petent to administer the same. 



T(5 BEVERLY BANK. June 23, 1812. 

Skc. 8. Be it further enacted^ That the said corporation 
shall be liable to pay to any bona fide holder, the original 
amount of any note of said bank, counterfeited or altered 
in the course of its circulation to a larger amount, notwith- 
standing such alteration. 

Sec. 9. Be it further enacted. That the said corporation 
from and after the first Monday of October next, shall pay 
by way of tax to the treasurer of this Commonwealth for 

Shall pay tax ^^^ "*^ of the same,within ten days after each semi-annual 

to Common- dividend the half of one per cent on the amount of the orisr- 
inal stock, which shall at the time of said dividend have been 

Proviso. actually paid \n, provided however, that the same tax pay- 
able in manner aforesaid, shall be required by the Legisla- 
ture of all banks that shall be hereafter incorporated within 
this Commonwealth, ^nd provided further, that nothing 
herein shall be construed to impair the rights of the Legis- 
lature to lay a tax on any bank already incorporated under 
the authority of this Commonwealth, whenever they may 
see fit so to do. 

Sec 10. Be it further enacted. That one tenth part of 
Funds how the whole funds of said bank shall always be appropriated 

IPPiopnate(i. ^Q loans to be made to citizens of this Commonwealth, and 
wherein the directors shall wholly and exclusively regard 
the agricultural and manufacturing interest, w^hich 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 condition of 
paying the interest annually on such loans subject to such 
forfeitures and .right of redemption, as is by law prescribed 

Proviso. ^" other cases. Provided howei'er, that the said bank may 
take, receive and hold by assignment any such mortgages 
as are already held by the existing bank in the town of 
Beverly, and which may be assigned and taken by agreement 
between the two corporations, the amount of which shall 
be deemed and considered as original loan to be made as 
above directed. 

Sec 1\. Be it further enacted, That whenever the Legis- 

Shaii loan to l^turc shall require it, the said corporation shall loan to the 

^^^aUh""""" Commonwealth any sum of money not exceeding ten per 
centum of the amount of the capital stock actually paid in 



MARBLEHEAD BANK. June 23, 1812. 77 

at'any one time, reimbursable by five annual instalments or 
at any shorter period at the election of the Commonwealth, 
^\ ith the annual payments of interest at a rate not exceeding 
five per centum per annum; provided however, that the Provts»; 
Commonwealth shall never at any one time stand indebted 
to said corporation, without their consent, for a larger sum 
than twenty per centum of the capital stock actually paid in. 
Sec. 12. Be it further enacted^ That the Common- 
wealth shall have a right whenever the Legislature shall 
make provision by law to subscribe on account of the Com- 
monwealth a sum not exceedins: eisrhtv thousand dollars to 
be added to the capital stock of said company, subject to 
such rules, regulations and provisions as shall be by the 
Legislature made and established as to the management 
thereof. 

[Approved by the Governor June 23, 1812.] 



CHAP. XXXV. 

An Act to incorporate the President, Directors, and Com- 
pany of the Marblehead Bank. 

Sec. 1. 13 E it enacted by the Senate and House of 
Representatives in Ge?ieral Court assembled^ and by the au- 
thority of the same^ That Nathaniel Hooper, Henry Galli- cornomeiL' 
son, Phillip Besome, John Hooper, 4th. John Williams, 
John Pedrick, 3d. and William Fettyplace, their associates, 
successors, and assigns, shall be, and hereby are created a 
corporation by the name of The President, Directors and 
Company of the Marblehead Bank, and shall so continue 
from the first day of October next for the term of nineteen 
years next ensuing, and by that name shall be, and hereby are 
made capable in law, to sue, and be sued, plead and be im- 
pleaded, defend and be defended in any courts of record or any 
other place whatever, and also to make, have, and use a com- 
mon seal, and to ordain, establish and put in execution 
such bye-laws, ordinances, and regulations as to them may 
appear necessary and convenient for the government of the 
said corporation and the prudent management of theiraffairs; 
provided such bye-laws, ordinances and regulations shall p^o^'s* 
in no wise be contrary to the Constitution and laws of this 



78 MARBLEHEAD BANK. June 23, 1812. 

Commonwealth, and the said corporation shall be always 
subject to the rules, restrictions, limitations and provisions 
herein prescribed. 

Sec. 2. Be itjurther enacted^ That the capital stock of the 

Capitaistock, said corporation shall consist of the sum of one hundred and 
twenty thousand dollars in gold and silver, divided into shares 

piw?*°^^ of one hundred dollars each, which shall be paid in at four 
equal instalments, the first on the first day of October, the 
second on the first day of January, the third on the first day 
of April next, and the fourth on the first day of July, which 
will be in the year of our Lord eighteen hundred and thir- 
teen, or at such earlier times as the said stockholders at any 
meeting thereof may order. And the stockholders at their 
first meeting shall by a majority of votes determine the 
mode of transferring and disposing of said stock and the 
profits thereof, which being entered in the books of said 
corporation shall be binding on the stockholders, their 
successors and assigns ; and the said corporation are here- 
by made capable in law to have, hold, purchase, receive, 
possess, enjoy and retain to them, their successors and 
assigns, lands, rents, tenements and hereditaments to the 
amount of ten thousand dollars, and no more, at any one 
time, with power to bargain, sell, and dispose of the same, 
and to loan and negotiate their monies and effects by dis- 
counting on banking principles on such security as they 

Proviso. gj^yjj think advisable. Provided however ^\k\2A. nothing here- 
in contained shall restrain or prevent the said corporation 
from taking and holding real estate in mortgage or on 
execution to any amount as security for, or in payment 
of any debts due to the said corporation, and provided 
further that no money shall be loaned, or discounts made, 
nor shall any bills or promissory notes be issued from said 
bank until the capital subscribed and actually paid in, and 
existing in gold and silver in their vaults shall amount to 
thirty thousand dollars. 

Sec. 3. Be it further enacted^ That the rules, restrictions, 
limitations, reservations and provisions, which are provided 
an and by the third section of an act entitled An act to in- 
corporate the President Directors and Company of the 
State Bank shall be binding on the bank hereby establish- 
ed. Provided only^ that any Director of the Marblehead 
bank now existing may be eligible as a Director of the 
bank hereby established, that the bond required to be giv- 



MARBLEHEAD BANK. June 23, 1812. 7» 

en by llie Cashier, shall be in the penalty of twelve thou- 
sand dollars, that the number of Directors to be annually 
chosen shall be seven, and four may constitute a quorum 
for the transacting business* And provided aiso, that the 
amount of bills at any time issued from said bank shall 
not exceed fifty per cent beyond their capital stock actually 
paid in. 

Sec. 4. Be it further enacted^ That the said Bank shall 
be established and kept in the town of Marblehead. 

Sec. 5. Be it further enacted^ That any Committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corpora- Le5j;s,at„re 
tion and shall have free access to all their books and vaults, sha"li imve ac 
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 exceededithe pow- 
ers 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. Be it further enacted^ That the persons herein 
beforenamed, or any three of them are authorized to call a 
meeting of the members and stockholders of said corpora- May can 
tion as soon as may be at such time and place as they may meetings 
see fit (by advertising the same for three weeks successive- 
ly in the Es3ex Register and Salem Gazette,) for the pur- 
pose of making, ordaining and establishing such bye laws, 
ordinances and regulations for the orderly conducting the 
aftdirs of the said corporation, as the said stockholders shall 
deem necessary, and for the choice of the first board of di- 
rectors, and such other officers as they shall see fit to choose. 

Sec 7. Be it further enacted^ That it shall be the duty 
of the directors of said bank, to transmit to the Governor 
and Council of this Commonwealth for the time being, once 
in six months at least, and as much oftener as they may re- 
quire, accurate and just statements of the amounts of the shaii e\hibi5 
capital stock of said corporation, and of debts due to the »*^'""'"'-"' 
same, of the monies deposited therein, of the notes in circu- 
lation, 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 veri- 
fied by oath or affirmation before some person competent 
to administer the same, 



80 MARBLEHEAD BANK. June 23, 181± 

Sec. 8. Be it further enacted^ That the said corporation 
shall be liable to pay to any bona fide holder the original 
amount of any note of said bank fraudulently altered in 
the course of its circulation to a larger amount notwithstand- 
ing: such alteration. 

S;x. 9/ Be it further enacted^ That the said corporation 
from and after the first Monday of October next, shall 
pay by way of tax to the Treasurer of this Commonwealth 
tHx^'w^tL** ^or the use of the same, within ten days after each semi an- 
Treasurer of nual dividend, the half of one per cent, on the amount of the 
original stock which shall at the time of said dividend have 
Proviso. been actually paid in. Provided however^ That the same 
tax payable in manner aforesaid, shall be required by the 
Legislature of all banks, that shall be hereafter incorporat- 
ed within this Commonwealth. KwA provided further that 
nothing herein shall be construed to impair the rights of 
the Legislature to lay a tax upon any bank already incor- 
porated under the authority of this Commonwealth, when- 
ever they may see fit so to do. 

Sec. 10. Be it further enacted^ That one tenth part of 
Amount to the wholc funds of said bank shall always be appropriated 
be appropii- to loaus, to bc made to Citizens of this Commonwealth, 
' and wherein the Directors shall wholly and exclusively re- 
gard the agricultural and manufiicturing interest, which 
Amount of ^^^^^ ^^2^ bc madc in sums not less than one hundred dol- 
Joaiis. lars nor more than five hundred dollars, and upon the per- 

Security for sotial boud of the borrowcr, with collateral security by a 
loaiisw mortgage of real estate to the satisfaction of the Directors 

of said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans subject 
to such forfeitures, and rights of redemption as is by law 
provided in other cases. 

Sec 1 1. Be it further enacted. That whenever the Leg- 
shaii lorin to islaturc shall require it, the said corporation shall loan to 
\!'*aui?""' '" ^'^^ Commonvv/ealth any sum of money which may be re- 
quired not exceeding ten per centum of the amount of the 
capital Stock actually paid in, at any one time, reimbursable 
by five annual instalments or at any shorter period at the 
election of the Commonwealth, with the annual payments of 
interest, at a rate not exceeding five per centum per annum. 
Proviso. Provided however, That the Commonwealth shall never 



GLOUCESTER BANK. June 23, 1812. 81 

at any one time stand indebted to snid corporation without 
their consent for a larger sum than twenty per centum of 
the capital stock actually paid in. 

Sec. 12. Be if ^fii?'i/ier enacted. That ihe Commonwealth 
shall have a right whenever the Legislature shall make pro- 
vision by law to subscribe on account of the Common- Common- 
wealth, a sum not exceeding sixty thousand dollars, to be S'Jioew"'^ 
added to the capital stock of said company, subject to such 
rules, regulations, and provisions, as shall be by the Legis- 
lature made and established, as to the management thereof. 

Sec. 13. J^e it further enacted, That the said bank may - 
take, receive, and hold by assignment, any such mortgages as 
are already held by the existing bank, m the town of Marble- 
head, and which may be assigned, and taken by agreement 
between the two corporations, the amount of which shall 
be deemed and considered as an original loan to be mad<» 
as above directed. 

, [Approved by the Governor June 23, 1812.] 



CHAP. XLin. 

An Act to incorporate the President, Directors and Com- 
pany of the Gloucester Bank. 

. Sec. 1. xSE it enacted by the Senate and House of 
Representatives, in General Court assembh/d, and by the au- 
thority of the same, That John Somes, Benjanun K. Hougli, Persons h 
William Pearce, James Hayes, William Pearson, Fitz* '-ork>wated. 
William Sargent, Israel Trask and William Coffin, their as- 
sociates, successors, and assigns, shall be, and iiereby are 
created a Corporation by tlie name of The President, Direc- 
tors and Company of the Gloucester Bank, and shall so 
continue until the first day of October, which will be in 
the year of our Lord one thousand eight hundred and thirty- 
one, and by that name sliall be, and hereby are made capa- 
ble in law to sue, and be sued, pieod 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 bve-laws, ordinances and ree-ulations as to them 
L 



«2 GLOUCESTER BANK, June 2:^, 1812. 

I may appear necessary and convenient, for the government 

of the said corporation, and the prudent management of 
Proviso. their affairs. Pj'ovided such bye-laws, ordinances and 
reguhitions, shall in no wise be contrary to the Constitu- 
tion arjd^aws of this Commonwealth, and the said corpora-- 
tion shall be always subject to the rules, restrictions, limita- 
tions and provisions herein prescribed. 
Capital Sec 2. Be it further enacted. That the capital stock of 

Stock. the said corporation shall consist of the sum of one hundred 
and twenty thousand dollars in gold and silver, divided into 
shares of one hundred dollars each, which shall be paid in at 
When to four cqual instalments, the first on the first day of October 
epai 111. j-j^-j,^^ ^j-,g second on the first day of January next after, the 
third on the first day of April next after, and tlie fourth on 
the first day of July next after; or at such earlier time as 
the said Stockholders at any meeting thereof may order. 
And the Stockholders at their first meeting shall by a 
majority of votes, determine the mode of transferring 
and disposing of said stock and the profits thereof, which 
being entered in the books of said corporation, shall 
be binding on the Stockholders, their successors and 
assigns ; and the said corporation are hereby made capa- 
May ho!d ^^^ ^" ''^^^ ^° have, hold, purchase, receive, possess, enjoy, 
estate. and retain to them, their successors, and assigns, lands, 

rents, tenements, and hereditaments to the amount of twenty 
thousand dollars, and no more at any one time, with power 
to bargain, sell, and dispose of the same, and to loan and 
negotiate their monies and effects, by discounting on bank- 
ing principles on such security as they shall think advisable^ 
Proviso. Provided however. That nothing herein contained, shall re- 
strain or prevent the said corporation from takingand holding 
real estate in mortgage, or on execution to any amount as se- 
curity for, or in payment of any debts due to the said corpo- 
ration, 2ind. provided further, that no money shall be loaned or 
discounts made, nor shall any bills or promissory notes be 
issued from said bank, until die capital subscribed and ac- 
tually paid in, and existing in gold and silver in their vaults 
shall amount to thirty thousand dollars. 

Sec 3. Be it further enacted, That the rules, restric- 
tions, limitations, reservations and provisions, which are 
provided in and by the third section of an act entitled, An 
act to incorporate the President, Directors and Company 
of the State Bank shall be binding on the bank hereby es- 



GLOUCESTER BANK. . June 23, 1812. «3 

tablished. Provided only, that any Director of the Gloucester ^''°""'- 
Bank now existing may be eligible as a Directer of the bank 
hereby established, and that the bond recjuired to be given by 
the Cashier, shall be given in the penalty of twelve thousand cashier shau 
dollars, and that the number of Directors to be annually s'^e bouds. 
chosen shall be seven, and four may constitute a quorum 
for tlie transaction of business. And provided also, that the 
amount of bills at any time issued by said bank shall not 
exceed fifty per cent beyond the capital stock actually- 
paid in. 

Sec. 4. Be it further enacted, That the said bank shall 
be established and kept in the town of Gloucester. 

Sec. 5. Be it further enacted, 'iliat any Committee 
specially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said coi"pora- 
tion and shall have free access to all their books and vaults, sh^iXo^eac! 
and if u])(>n such an examination it shall be found, and af- cess to vaults, 
tera full hearing of said corporation thereon be determin- 
ed by the Legislature that said corporation have exceeded 
the power herein granted them, or failed to comj)ly with 
any of the rules, restrictions and conditions in this act pro- 
vided, their incorporation may thereupon be declared for- 
feited and void. 

Sec 6. Be it further enacted. That the persons herein ^^^ „ 
before named or any three of them are authorized to call meetings, 
a meeting of the members and Stockholders of said corpo- 
ration as soon as may be, at such time and place as they 
may see fit, by advertising the same for three weeks suc- 
cessively in the Salem Gazette, and Essex Register, for 
the purpose of making, ordaining and establisl)ing such bye- 
laws, ordinances, and regulations for the orderly conducting 
the affairs of said corporation, as the said Stockholders 
shall deem necessary, and for the choice of the first board 
of directors, and such other officers as they shall see fit to 
choose. 

Sec 7. B e it further enact ed,Th':!ii it iih'dWhQXhQ duly o^ 
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 oltener as they may re- 
quire, accurate and just statements of the amounts of the f^sllIteTie'tlt^ 
capital stock of siiid corporation, and of debts due to the ofaccouats. 
same, of the monies deposited therein, of the notes in cir- 
culatiouj and of the goldj silver, and copper coin^ and the 



S4 GLOUCESTER BANK. June 23, 1812. 

bills of other banks on hand, which statement shall be sign- 
ed by the Directors, and attested by the Cashier, and shall 
be verified by oath or affirmation before some person com- 
petent to administer the same. 

Sec. 8. Be it further enacted^ That the said corporation 
shall be liable to pay to any bona fide holder the original 
amount of any note of said bank counterfeited or altered, 
in the course of its circulation to a larger amount, notwith- 
standing such alteration. 

Sec. 9. Be it further enacted. That the said corporation 
a ^""^"^ ^"^ ^f^^'* ^^^^ ^^''^'^ Monday of October next, shall 
ta'x \o ^he pay by way of tax to the Treasurer of this Commonwealth 
gj'J^^'^'^^^^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 lime of said dividend 
Proviso, have been actually paid in. Provided however^ That the 
same tax payable in manner aforesaid shall be required by 
the Legislature of all banks, that shall be hereafter incor- 
porated within this Commonwealth, and provided further y 
that nothing herein shall be construed to impair the rights 
of the Legislature to lay a tax upon any bank already incor- 
porated under the authority of this Commonwealth when- 
ever they may see fit so to do. 

Sec. 10. Be it further enacted, That one tenth part of 
fprn^riS ^^^ whole funds of said bank shall always be appropriated 
to loans. to loans, to be made to citizens of this Commonwealth, 
and wherein the Directors shall wholly and exclusively re- 
gard the agricultural and manufacturing interest, which 
Amount of ^^^^^^ shall be made in sums not less than one hundred 
loans. dollars, nor more than five hundred dollars, and upon the 

personal bond of the borrower, with collateral security by a 
Security for mortgage of real estate to the satisfaction of the Directors of 
loaus. said Bank, for a term not less than one year, and on con- 

dition of paying the interest annually on such loans subject 
to such forfeitures, and right of redemption as is by law 
proviso, prescribed in other cases. Provided however, that the said 
bank may take, receive and hold by assignment any such 
mortgages as are already held by the bank now existing in 
the town of Gloucester, and which may be assigned and 
taken by agreement between the two corporations, the 
;• amount of which shall be deemed and considered as an 

original loan to be made as above directed* 



BEDFORD BANK. iune 23, 1812. S5 

Sec. 11. Be it further enaeted^ That whenever the Le^^- 
islatiire shall require it, the said corporation shall loan to sbaii ioa« 
the Commonwealth any sum of money not exceedinj^ ten momreaiUi?" 
per centum of the amount of the Capital Stock actually 
paid in at any one time reimbursable, by five annual instal- 
ments or at any shorter period at the election of the Com- 
monwealth with the annual payments of interest, at a rate 
not exceeding five per centum per annum. Provided how- Pi-ovis*» 
ever. That the Commonwealth shall never at any one time, 
stand indebted to said corporation without their consent 
for a larger sum than twenty per centum of the capital stock 
actually paid in. 

Sec 12. Be it further enacted. That the Commonwealth 
shall have a right whenever the Legislature shall make pro- 
vision by law to subscribe on account of the Commonwealth 
a sum not exceeding forty thousand dollars, to be added 
to the capital stock of said company, subject to such rules, 
regulations and provisions as shall be by the Legislature 
made and established as to the management thereof. 
[Approved by the Governor June 23, 1812.] 



CHAP. XLIV. 

An act to incorporate the President, Directors and Cotiv 
pany of the Bedford Bank. 

Sec. 1. -OE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Thomas Hazard, Jun. John 
Howland, Samuel Rodman, Isaac Howland, Jun. Wil- eorpo'S!"' 
liam Rotch, Jun. John Delano, and their associates, suc- 
cessors and assigns, shall be and hereby are created a Cor- 
poration, by the name of the President, Directors and 
Company of the Bedford Bank ; and shall so continue 
from the first day of October next, for the term of nine- 
teen 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, liave, and use a common seal, and to ordain 
establish and put in execution such bye-laws, ordinances 
and regulations as to theng^ niay appear aecessary and 



ZQ BEDFORD BANK. June 23, 1812* 

May make convenient, for the s^overnment of the said corporation and 
i'roviso. the prudent management of their afl'airs. Provided such 
bye-laws, ordinances, and regulations, shall in no wise be 
contrary to the constitution and laws of this Commonwealth, 
and the said corporation shall be always subject to the rules, 
restrictions, limitations and provisions herein prescribed. 
Capital Sko. 2, £e it further enacted^ That the capital stock 
Stock, ^j- j.|^^ g^j^l corporation shall consist of the sum of Two 
hundred thousand Dollars, in gold and silver, divided into 
shares of one hundred dollars each, one quarter part of the 
paid? *° ^^ ^^^° hundred thousand dollars shall be paid in, on or be- 
fore 'ihe first day of October in the year of our Lord eighteen 
hundred and twelve, and the other three quarter parts of 
the said capital stock shall be paid in on or before the first 
day of July in the year 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, 
and the said corporation are hereby made capable in law 
to have, hold, purchase, receive, possess, enjoy and retain 
to them, their successors, and assigns, lands, rents, tene- 
ments, and hereditaments to the amount of twelve thousand 
dollars, and no more, at any one time, with power to bargain, 
sell, and dispose of the same, and to loan and negotiate their 
monies and eifects, by discounting on banking principles on 
Proviso. such Security as they shall think proper. Provided however^ 
That nothing herein contained, shall restrainor prevent the 
said corporation from taking and holding real estate in 
mortgage, or on execution to any amount as security for, 
or in payment of any debts due to the said corporation; 
and provided further ^ that no money shall be loaned or dis- 
counts made, nor shall any bills or promissory notes be 
issued from said bank, until the capital subscribed and ac- 
tually paid in, and existing in gold and silver in their vaults 
shall amount to fifty thousand dollars. 

Skc. 3. Be it further enacted^ That the rules, restric- 
tions, limitations, reservations and provisions, which are 
provided in and by the third section of an act entitled An 
act to incorporate the President, Directors and Company 
of the State Bunk, shall be binding on the bank hereby 



BEDFORD BANK. June 23, IB12. 87 

establislied. Provided onhj that any Director of the Bedford 
bank now existinijj may be ehgible as a Director of the bank 
hereby established ; and that the bond required to be given 
by the Cashier, shall be in the penalty of twenty thou- 
sand dollars, and that the number of Directors to be an- 
nually chosen shall be seven, and four may constitute a 
quorum for the transaction of business. And provided 
also, that the amount of bills at any time issued from said 
bank, shall not exceed fifty per cent beyond the capital 
istock actual Iv paid in. 

Sec 4. Be it further enacted^ That the sa'd Bank shall where to be 
be established and kept in the town of New Bedford. established. 

ShC. 5. Be it further enacted. That any Committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corpora- 
tion ar.d shall have free access to all their books and vaults, Le-isiatm-e 
and if upon such examination it shall be found, and af- siiaii haveac- 
ter a full hearing of said corporation thereon be determined ^'^^^^ '^'^ ^'^"^"^ 
by the Legislature that said corporation have exceeded the 
power herein granted them, or failed to comply with any of 
the rules, restrictions and conditions in this act provided, 
their incorporation may thereupon be declared forfeited 
and void. 

Sec. 6. Be it further enact ed^ That the persons herein 
before named, or any three of them are authorized to call a -^^^^ Yi^m 
meeting of the members and Stockholders of said corpo- meeting, 
ration as soon as may be, at such time and place as they 
may see fit, by advertising the same for three weeks suc- 
cessively in the town of New Bedford, for the purpose of 
making, ordaining and establishing such bye-laws, ordi- 
nances and regulations for the orderly conducting the af- 
fairs of tiie said corporation as the said Stockholders shall 
deem necessary, and for the choice of the first board of Di- 
rectors, and such other officers as they shall see fit to 
choose. 

Sec. 7. Be it further enacted. That it shall be the duty 
of the Directors of said Bank to transmit to the Governor 
and Council of this Commonwealth for the time being, once 
in six months at least, and as much oftener as they may re- 
quire, accurate and just statements of the amount of the shaii exhibif. 
capital stock of said corporation, and of debts due to the of JccoJSts"'' 
same, of the monies deposited therein, of the notes in cir- 



88 BEDFORD BANK, June 2^, 1812. 

dilation, and of the gold, silver and copper coin, and thebills 
of other banks on hand, which statement shall be signed by 
the Directors, and attested by the Cashier, and shall be veri- 
fied by oath or affirmation, before some person competent 
to administer the same. 

Sec. 8. Be it further enacted^ that the said corporation 

Shall )ay ^"^ ^^ liable to pny to any bona fide holder the original 

tiieir notes amount of any note of said bank altered, in the course of 

couiiterfuitor ^^^ circulation to a larger amount, notwithstanding such 

alteration. 

Sec. 9. Be it further enacted^ That the said corporation 
from and after the first Monday of October, in the year of 
our Lord one thousand eight hundred and twelve, shall pay 
Shall pay t;ix by way of tax to the treasurer of this Commonwealth for 
rL^''^ n"" ^'^ ^^^ °^ ^^ 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 
Proviso. have been actually paid in. Provided however^ That the 
same tax payable in manner aforesaid, shall be required by 
the Legislature, of all banks, that shall be hereafter incor- 
porated within this Commonwealth. And provided fur- 
ther^ that nothing herein shall be construed to impair the 
rights of the Legislature to lay a tax upon any bank al- 
ready incorporated under the authority of this Common- 
wealth, whenever they may see fit so to do. 

Skc. 10. Be it further enacted^ That one tenth part of 
e , , the whole funds of said bank, shall always be appropri- 

Funds how . .' r i • /^ i - 

appropriated. ated to loans, to bc made to citizens ot this Commonwealtii, 
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 con- 
dition of paying the interest annually on such loans, subject 
to such forfeitures and right of redemption, as is by law 
prescribed in other cases. 

Sec. \\. Be it further enacted ^li\\^\. whenever the Leg- 
islature shall require it, the said corporation shall loan to 
the Commonwealth any sum of money which may be re- 
quired, not exceeding ten per centum of the amount of 



NANTUCKET BANK. June 23, 1812. 98 

capital stock actually paid in, at any one time, reimbursable 
by five annual instalments, or at any shorter period at the 
election of the Commonwealth, with the annual payments 
of interest-, at a rate not exceeding five per centum per 
annum. Provided however, That the Commonwealth shall Proviso, 
never at anv one time, stand indebted to said corporation 
without their consent for a larger sum than tvveuiy per 
centum of the capital stock actually paid in. 

Sec. 12. Be it further enacted, That the Commonwealth 
shall have a righr, whenever the Legislature shall make 
provision by law, to subscribe on account of the Common- 
wealth a sum not exceedinf^: seventy five thousand dollars, f^omwon. 

^^ ■. ^ "^ . . , • wealth maj 

to be added to the capital stock oi said company, subject to be coueem- 
such rules, regulations and provisions as shall be by the ^^' 
Legislature nuide and established as to the management 
thereof. 

[Approved by the Governor June 23, 1R12.] 



CHAP. XLV. 

An Act to incorporate the President, Directors and Com* 
pany of the Nantucket Pacifick Bank, on the island of 
Nantucket. 

Sec. 1. XjsE it enacted by the Senate and Hou^e of Rep- 
resentatives in General Court ass: mbled, and by the author- Persons in- 
ify of the same. That Gideon Gardner, Tristram Hussey, '=°i'PO'"'»^^'i- 
John Swain, Hezekiah B. Gardner, Rxhard Mitchel, Obed 
Mitchel, James J. Coffin, Francis Joy, Jethro Mitchel, Jun. 
Benjamin Coffin, 2d. Peter Hussey, Christopher Mitchel 
and Edward Gary, Jun. and their associates, successors 
and assigns, shall be, and hereby are created a Corporation 
by the name of the President, Directors and Company of 
the Nantucket Pacifick Bank, on the island of Nantucket, How long to 
and shall so continue from the first Monday of October continue, 
next, for the term of nineteen years next ensuing, and by 
that name shall be, and hereby are made capable in law to 
sue and be sued, plead and be impleaded, defend and be 
defended in any Court of Record, or any other place what- 
ever, and also to make, have and use a common seal, and May make 
the same at pleasure to break, alter and renew, and to or- *'y«-i'*^^»- 
M 



90 NANTUCKET BANK. lune 23, 181fi 

dain, establish and put in execution such hyc-lavvs, ordi- 
nances and regulations as to them appear to be necessary 
and convenient for the government of the said corporation, 
and the prudent management of their affairs. Prov^ded^ 
su,ch bye-laws, ordinances and regulations, sliall in no wise 
be contrary to the Constitution and laws of this Common- 
weahh, and the said corporation shall be always subject to 
the rules, restrictions, limitations and provisions herein 
prescribed. 
Capital stoci<, '^E' . 2. Be it further enacted^ That the capital stock of 
said corporation shall consist of one hundred thousand dol- 
lars, divided into shares of one hundred dollars each, to be 
^ paid in gold and silver, one quarter on or before the first 

paid. Monday of October next, and the remainder on the first 

Monday of July, which will be in the year eighteen hun- 
dred and thirteen, or as much sooner as the stockholders 
shall determine ; and the stockholders at their first meeting 
. shall by a majority of votes determine the mode of trans- 
stock, Sic."^^ fcnjng and disposing of the stock and profits thereof, which 
being entered in the books of the said corporation, shall 
be binding on the stockholders, their successors and assigns. 
Proviso. Provided that no stockholder shall be allowed to borrow at 
the said bank until he or she shall have paid in his or her 
full proportion of the said one hundred thousand dollars, 
and the said corporation are hereby made capable in law to 
May hold es- have, hold, purchase, receive, possess, enjoy and retain to 
*^"^' them, their successors and assigns, lands, rents, tenements 

and hereditaments to the amoimt of ten thousand dollars, 
and no more at any one time, with power to bargain, sell 
and dispose of the same lands, tenements and heredita- 
ments ; and to loiui and negotiate their monies and effects 
*:)y discounting on banking principles on such security as 
they shall think advisable. Provided however, that nothing 
herein contained shall restrain or prevent the said corpora- 
tion from taking and holding real estate in mortgages or 
on execution to any amount as security for, or in pay- 
Provsio. ni^nt of any debts due to the said corporation. Provided 
further, that no money shall be loaned nor 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 X.% 
twenty five thousand dollars. 



proviso. 



NANTUCKET BANK. June 23, 1812. 91 

Svx. 3. Be it further enacted. That the rules, limitations, 
provisions, restrictions and reservations which are provided 
in and by the third section of an act entided "An act to 
incorporate the President, Directors, and Company of the 
Slate Bank, shall be binding ou the bank hereby establish- 
ed. Provided, tliat the bond reqnired to be given by the 
cashier shail be given in t!ie penalty of twenty thousand Cashier sha| 
dollars ; that the number of directors to be annually chosen ^'""^ **" ^' 
shall be nine and five may constitute a quorum for the 
transaction of business, ?ind provided aho, that the amount Proviso, 
of debts at any ti;ne due from said bank shall not exceed 
fifty per cent beyond rhe capital stock actually paid in. 

Sec 4. Be it further enacted. That the said l>ank shall Where to be 
be established and kept in tiie town of Nantucket. 

Sec. 5. Bd it further enacted, That any committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corporation, 
and shall have free access to all their books and vaults, and Legislature 
if upon such examination it shall be found, and after a full ccL, Sso. 
hearing of said corporation thereon be determined by the 
Legislature that said corporation have exceeded the power 
herein granted them, or failed to comply with any of the 
rules, restrictions and conditions in this act provided, 
their incorporation may thereupon be declared forfeited 
and void. 

Sec. 6. Be it further enacted, That it shall be the duty 
of the directors of said bank to transmit to the Governor 
and Council of this Commonwealth for the time being, once 
in six months at least, and as much oftencr as they may 
require, accurate and just statements of the amounts of the shaii pxhibit 
capital stock of said corporation, and of the debts due the ^ statement, 
same, of the monies deposited therein, of the notes in cir- 
culation, and of the gold, silver, and copper coin, and the 
bills of other banks on hand, which statement shall be sign- 
ed by the directors, and attested by the cashier, and veri- 
fied by oath or afiirmation, before sosne person competent 
to administer the same. 

Sec 7. Be it further enacted, That the said corpora- shaii pay 
tion shall be liable to pav any bona fide holder the oriirinal ^^""'"^ ^ ?^ 
amount of any note of said bank, counterfeited or altered or aot 
in the course of its circulation to a larger amount, notv/iti^ 
Standing such alteration* 



92 NANTUCKET BANK, June 23, 1812. 

Sf>c. 8. Be it further enacted^ That the Commonwealth 
shall have a right whenever the government thereof shall 
make provision b}" law, to subseribe to, and become inter- 
rr.mmor- ested in the capital stock of said bank, by adding thereto 
hold Slock, a sum not exceeding thirty thousand dollars, subject to the 
rules, regulations and provisions to be by them established. 
Sec. 9, Be it furtjier emoted^ That Gideon Gardner, 
Jethro Mitchel, and Benjamin Coffin, 2d. herein before 
^Nfpy call named, are authorized to call a meeting of the members 
"° " and Stockholders of said corporation at such tnne and 
place as they shall see fit, (by advertising the same in dif- 
ferent parts of the town of Nantucket, three weeks succes- 
sivly,) for the purpose of making, ordaining and establish- 
ing such bye-laws, ordinances and regulations, for conduct- 
ing the afili'rs of said corporation as the Stockholders 
shall deem necessary, and for the choice of the first board 
of directors, and such other officers as they shall deem fit to 
choose. 

Sec. 10. Be It further enacted^ That the said corpora- 
tion, from and after the first Monday of October next, 
siiaii pay a shall pay by way of tax to the treasurer of this Common- 
ireas*i!re?^ of wealth for tlic usc of the same, within ten days after each 
s'^ai-^- semi-annual dividend, the half of one per cent, on the 

amount of the original stock which shall at the time of said 
Proviso, dividend have been actually paid in. Provided hffivever. 
That the same tax payable in manner aforesaid shall be re- 
quired by the Legislature of all the banks, that shall be here- 
after incorporated within this Commonwealth : And pro- 
vided further^ that nothing herein contained shall be con- 
strued to impair the right of the Legislature to lay a tax or 
excise upon any bank already incorporated under the au- 
thority of this Commonwealth whenever they may think 
proper so to do. 

Sec. 11. Be it further enacted^ That whenever the Lcg- 
Shaii loan to islature shall require it, the said corporation shall loan to 
'^^^Jj]"°^°"" the Commonwealth any sum of money which may be re- 
quired not exceeding ten per centum of the amount of the 
capital stock actually paid in, at any one time, reimbursa- 
ble at five annual instalments, or at any shorter period at 
the election of the Commonwealth, with the annual pay- 
ments of interest, at a rate not exceeding five per centum 
Vro^'iso. per annum. " Provided howevery That the Commonwealth 



MECHANIC'S BANK. June 23, 1812. 93 

shall never at any one time stand indebted to said corpora- 
tion without their consent, for a larger sum than twenty 
per centum of the capital actually paid in. 

Sec. 12. Be it further enacted^ That one tenth part of 
the whole funds of said bank shall always be appropriated ^^ '^™'",'';^^* 
to loans to be made to citizens of this Commonwealth, uiedio loans. 
and wherein the Directors shall wholly and exclusively re- 
gard the agricultural and manufacturing interest, which 
loans shall be made in sums not less than one hundred doi- 
lars, nor more than live hundred dollars and upon the per- 
sonal bond of the borrower, with collateral security by a 
mortgage of real estate to the satisfaction of the directors 
of said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans, subject 
to such forfeitures, and rights of redemption as is by law 
provided in other cases. 

[Approved by the Governor June 23, 1812.] 



CHAP. XL VI. 

An act to incorporate the President, Directors and Compa- 
ny of the Mechanics Bank in Newburyport. 

Sec. 1. iSV At enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the ailthoritif 
of the same, that John O. Brian, James Prince, William I'ei-sonsia- 
Russeli, Joshua Little, William Davis, Abraham Williams, ""'"i'"^''^'"'^- 
John Bricket, James Horton and Oilman Frothingham, 
their associates, successors, and assigns shall be, and 
hereby are created a Corporation by the name of The 
President, Directors and Company of the Mechanic's 
Bank, and shall so continue from the first day of October 
next, for the term of nineteen years next 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 what- 
ever, and also to make, have, and use a common seal, and 
to ordain, establish and put in execution such bye-laws, May make 
ordinances and regulations as to them may appear neces- ''^''''^''''■'• 
sary and convenient, for the government of the said corpora- 
tion and the prudent management of their affairs. Provided 



94 MECHANIC'S BANK, June 23, 1812. 

ProTis*. such bye-laws, ordinances and regulations, shall in no wise 
be contrary to the Constitution and laws of this Common- 
wealth, and the said corporation shall be always subject to 
the rules restrictions, limitations and provisions herein pre- 
scribed. 

Sec. 2. And he it further enacted^ That the capital stock 
Capital stock, of the said corporation shall consist of a sum not less than 
two hundred thousand dollars in gold and silver, divided 
paid! *^°^* i"to shares of one hundred dollars each, which shall be paid 
in at four equal instalments, the first, on the first day of Oc- 
tober nt-xt, the second on the first day of January, the third 
on the first day of April next, and the fourth on the first 
day of July, which will be in the year of our Lord one thou- 
sand eight hundred and thirteen ; and the Stockholders at 
their first meeting shall by a majority of votes, determine 
the mode of transferring and disposing of said stock and the 
profits thereof, which being entered in the books of said 
corporation, shall be binding on the Stockholders, their 
successors and assigns, and the said corporation are hereby 
made capable in law to have, hold, purchase, receive, pos- 
May hold es- sess, cnjoy and retain to them, their successors, and assigns, 
**'^^' lands, rents, tenements, and hereditaments to the amount of 

fifty thousand dollars, and no more at any one time, with 
power to bargain, sell and dispose of the same, and to loan 
and negotiate their monies and effects, by discounting on 
banking principles on such security as they shall think ad- 
Proviso, visable. Provided however^ »That nothing herein contain- 
ed, shall restrain or prevent the said corporation from tak- 
ing and holding real estate in mortgage, or on execution, 
to any amount as security for, or in payment of any debts 
due to the said corporation, 7m^ provided further^ that no 
money shall be loaned or discounts made, nor shall any 
bills or promissory notes be issued from said bank, un- 
til the capital subscribed and actually paid in, and existing 
in gold and silver in their vaults, shall amount to fifty 
thousand dollars. 

Sec. 3. Be it further enacted, That the rules, restrictions, 
limitations, reservations and provisions, which are provided 
yy- in and by the third section of an act entitled. An act to incor^ 

porate the President, Directors and Company of the State 
Bank, shall be binding on the bank hereby established. 
Provided^ that the bond required to be given by the Cashie* 



MECHANIC'S BANK. Jujie 23, 1812. ^5 

shall be given in the penalty of tvvcnt}'- thousand dollars, cashier shaii 
that ihe luimber of Directors to be annually chosen shall s'""* ^""''^ 
be nine, and five may constitute a quorum for the trans- 
action of business. And provided also that the amount of 
debts at any time due from said bank shall not exceed 
filty per cent beyond the capital stock actually paid in. 

Sec. 4. Be it further enacted, That the sa d Bank shall where to be 
be t'siablished and kept in the town of Newburyport. 

Sec. 5. Be it further enacted, That any committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a r ^^ht to examine into the doings of said corporation, 
and shall iiave free access to ail their books and vaults, and Legislature 
if upon such an exammation it shall be found, and after a cessl&c?**^* 
full hearmg of said corporation thereon be determined by 
the Legislature that said corporation have exceeded the 
power herein granted them, or failed to comply with any 
of the rulfs, restrictions, and conditions in this act provid- 
ed, tl)c;r incorporation may thereupon be declared forfeited 
and void. 

Skc. 6. Be it further enacted. That the persons herein 
before named, or any three of them are authorized to call 
a meeting of the members and Stockholders of said corpo- May imU 
ration as soon as may be, at such time and place as they ™'^^^'"S^ 
may see fit (by advertising the same for three weeks suc- 
cessively in two Newspapers printed in the County of Es- 
sex, for the purpose of making, ordaining and establishing 
such bye-kuvs, ordinances and regulations for the orderly 
conducting the afi^.nrs 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. 

S^c 7. Be it further enacted. That it shall be the duty 
of the directors of s.iid 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 amounts ^i.an exhibit 
of the capital stock of said corporation and of debts due to u stutemcHt. 
the same, of the monies ckposited therein, of the notes m 
circulaiioii, and of the gold, silver, and copper coin, and 
the bills of other banks osi hand, which statement shall be 
signed by the directors, and attested by the cashier, and 
shall be verified by oath, or affirmation, before some persoa 
competent to administer the same. 



96 MECHANIC'S BANK. June 23, 1812. 

Shall pay Sf.c. 8. Bc \t further enacted^ That the said corporation 
countei'ieit ^^''^^ ^^ liable to pay to any bona fide holder, the original 
or not. anjount of any note of said bank, counterfeited or altered 

m the course of its circulation to a larger amount, notwith- 
standing such alteration. 

Sf-c 9. Be It further enacted^ That the said corporation 
from and after the first ?tionday of October in the year 
of our Lord one thousand eight hundred and twelve, shall 
tax^w^ihJ* P^^y ^y ^^'^^y of tax to the Treasurer of this Commonwealth 
Treasurer of for the usc of the same, within ten days after each semi-an- 
^^^^' nual dividend, the half of one per cent, on the amount of the 

Proviso. original stock which shall at the time of said dividend have 
been actually paid in. Provided however. That the same 
tax payable in manner aforesaid, shall be required by the 
Legislature of all banks, that shall be hereafter incorporat- 
ed within this Commonwealth. Audi provided further ih?it 
nothing herein shall be construed to impair the rights of 
the Legislature to lay a tax upon any bank already incor- 
porated under the authority of this Commonwealth, when- 
ever they may see fit so to do. 
Amount to ^^^- ^^' ^^ ^^ further enacted. That one tenth part of 
be appropii- the whole funds of said bank shall always be appropriated 
ated to loans. ^^ j^j.^j^g, to bc made to Citizens of this Commonwealth, 
and wherein the Directors shall wholly and exclusively re- 
gard the agricultural and manufacturing interest, which 
loa^r"^"'*^ ^ loans shall be made in sums not less than one hundred dol- 
. . lars nor more than five hundred dollars, and upon the per- 
loan"!' ^ sonal bond of the borrower, with collateral security by a 
morts:au:e of real estate to the satisfaction of the Directors 
of said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans subject 
to such forfeitures, and rights of redemption as is by law 
provided in other cases. 
Shall loan to ^Fc. 11. ^^ it further enacted, That whenever the Leg- 
the Common- isiature shall require it, the said corporation shall loan to 
*'^^''''" the Commonwealth any sum of money which may be re- 
quired not exceeding ten per centum of the amount of the 
capital Stock actually paid in, at any one time, reimbursable 
by five annual instalments or at any shorter period at the 
election of the Commonwealth, w-ith the annual payments of 
,„,•„„ interest, at a rate not exceeding five per centuni per annum. 
Provided hoxvever^ That the Commonwealth shall never 



HAL. AND AUGUSTA BANK, iutie 23, 1S12, 91 

at any one time stand indebted to said corporation with 
out their consent for a larger sum than twenty per centum 
of the capital stock actually paid in. 

Skc. 12. Be it further enacted^ That the Commonwealth 
shall have a right, whenever the Legislature shall make pro- 
vision by law, to subscribe on account of the Common- Common- 
weallh a sum not exceeding one hundred and fifty thou- hoiVsto"c'kf 
sand dollars to be added to the capital stock of said Com- 
pany subject to such rules, regulations and provisions, as 
shall be by the Legislature made and established, as to 
the managemtnt thereof. 

[Approved by the Governor June 23, I8I2.3 



CHAP. XLVn. 

An Act to incorporate the President, Directors and Com- 
pany of the Hollo well and Augusta Bank. 

Sec. 1. X>E it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the au- 
thority of the same^ That Benjamin L Porter, Nathaniel Persons in. 
Dumrner and Thomas Agry, their associates, successorsand '^°''p°^'**^^ * 
assigns sliall be, and hereby are created a Corporation by 
the name of the President, Directors and Company of the 
Hallowcll and Augusta Bank, and shall so continue until 
the first day of October which will be in the year of our 
Lord one thousand eight hundred and thirty one, and by 
that name shall be, and hereby are made capable in law 
to sue and be sued, plead, and be impleaded, defend and 
be defended, in any courts of record, or in any other place 
whatever, and also to make, have and use a common seal, 
and to ordain, establish and put in execution, such bye- May make 
laws, ordinances and regulations as to them may appear bye-iaw3. 
necessary and convenient for the government of the said 
corporation, and the prudent management of their affairs. 
Provided such bye-laws, ordinances and regulations shall Prov»s». 
in no wise be contrary to the Constitution and laws of 
this Commonwealth, and the said corporation shall be al- 
ways subject to the rules, restrictions, limitations, and 
provisions herein prescribed. 
N 



98 HAL. AND AUGUSTA BANK. June 23, 1312. 

Ca itai stock Sec. ^. Be it fartlwr enacted^ That the capital stockof 

' the said corporation shall consist of tlic sum of one hun^ 

dred and fifty thousand dollars, in gold and silver, divided 

into shares of one hundred dollars each, thirty seven thou- 

wTien to be sand and five hundred dollars of whicli shall be paid in on 

P*"^' the first day of October next, and the remainins^ sum of 

one hundred and twelve thousand and five hundred dol- 
lars on or before the first day of October, eighteen hun- 
dred and thirteen, or by instalments in such sums, or at 
such earlier peiic-ds as the stockholders may direct; and 
the said stockholders at their first meet'u g shall by a 
majority of votes determine the mode of transferring and 
disposing of said stock and the proilts th.ereof, which 
being entered on the books of said cor!)oration, shall be 
binding on the stockholders, their successors and assigns, 
and the said corporation are hereby made capable in law, 
to have, hold, purchase, receive, possess, enjcjy and retain 
to them, their successors and assigns, lands, rents, tene- 

Mat hold es- nr-^^j^^s ^^,^(1 hereditaments to the amount of thirtv thousand 

tale. 

dollars, and no more at any one time, with power to bargain, 
sell and dispose of the same, and to loan and negotiate 
their monies and effects by discounting on bankiiig princi- 
Froviso. pies, on such security as they shall think advisable ; pro- 
vided however^ that nothing herein contained shall restrain 
or prevent the said corporation from taking and holding 
real estate in irjortgage, or on execution to any amount as 
security for or in payment of any debts due to the said 
corporation. And provided further^ that no money shall 
be loaned, or discouiits made, nor shall any bills or prom- 
issory 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 tliirty seven thousand 
five hundred dollars. 

Sec. 3. Be it further enacted. That the rules, restric- 
tions, limitations, reservations and provisions, which are 
provided in and by the third section of an act entitled "An act 
to incorporate the President, Directors and Company of 
the State Bank," shall be binding on the bank hereby es- 
tablished, provided only, that any director of the Hallowell 
and Augusta Bank now existing may be eligible as a direc- 
Bomi «f (he tor of the bank hereby established, that the bond required 
t^tier. to be given by the cashier shall be given in the penalty of 



HAL. AND AUGUSTA BANK. June 23, 1812. 99 

twelve thousand dollars, and that the number of directors 
to be annually chosen shall be seven, and three may consti- 
tute a qnoruin for tiie transaction of business. And/>ro- 
vided alsOy that the amount of debts at any tniie due frotn 
said bank shall not exceed fifty per cent beyond their cap- 
ital stock actually paid in, exclusive of the sums due on 
the amount of deposits. 

Sec. 4. Be it further enacted^ That the said Bank shall where tfi\tp 
be established and kt'i>t in the town of Hallowell, in the ^"^'»'**'i'«*- 
County of Kennebec. 

Sc'^c. 5. Be it further enacted^ That any committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corporation, 
and shall have i^i::^ access to all their books and vaults, and if Le^'siatur* 
upon such an examination it shall be found, and after a full ^'i'^" ^^\^ »c* 
hearing of said corporation thereon be determined, by the ' 
Legislature that said corporation have exceeded the pow- 
er 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. 
Skc. 6. Be it further enacted^ 'i'hat the persons herein 
before named, or any two of them, are authorized to call mming-s/^ 
a meeting of the members and stoi:kholders of said corpo- 
ration as soon as may be, at such time and place, as they 
may see fit (by advertising the same for three weeks succes- 
sively in the Nev/spapcrs printed in Hallowell or Augusta) 
for thepurposebf making, ordaining and establishing such 
bye-laws, ordmances and regulations, for the orderly con- 
ducting the affairs of the said corporation, as the said stock- 
holders shall deem necessary, and for the choice of the first 
board of directors asid such other officers as they shall see 
fit to choose. 

Sec 7. Be it further enacted. That it shall be the duty 
of the directors of said bank, to transmit to the Governor 
and council of this Commonwealth for the time beinsr, once 
in six months at least, and as much oitener as diey may re- 
quire, accurate and just statements of the amounts of the 
capital stock of said corporation, and of debts due to the a statemeot 
same, of the morii.es deposited therein, of the notes in cir- 
culation, and of the gold, silver, and copper coin, and the 
bills of other banks on hand, which statement shall be sign- 
ed by the directors, and attested by the cashier, and shall 



100 HAL. AND AUGUSTA BANK. Jane 23, 1812. 

be verified by oath or affirmation before some person com- 
petent to ydminister the same. 

Skc. 8. Be it further enacted, that the said corporation shall 

J-' be liable to pay to any bona fide holder the original amount 

of any note of said bank, counterfeited or altered, in the 
course of its circulation to a larger amount, notwithstand- 
ing such alteration. 

Sec. 9. Be it further enacted. That the said corporation 
from and after the first Monday of October, in the )'ear of 

Shall pay tax OUT Lord OHC thousaud eight hundred and twelve, shall pay 

Iv^eakh""'"""" ^y ^v^y ^^f t'^^ to the treasurer of this Commonwealth for 
the use of the same, witliin ten days after each semi-annual 
dividend the half of one per cent on the ansount of the orig- 
inal stock, which shall at the time of said dividend have been 

Proviso. actually paid in ; provided hoxvever, ihdt the same tax pay- 
able in manner aforesaid, shall be required by the Legisla- 
ture of all banks that shall be hereafter incorporated within 
this Commonwealth, nnd provided further, that nothing 
herein shall be construed to impair the rights of the Legis- 
lature to lay a tax upon any bank already incorporated un- 
der the authority of this Commonwealth, whenever they 
may see fit so to do. 
T-intisiiow Sec 10. Be it further enacted. That one tenth part of 

appioprmt^d. ti^^ whole fuiids of said bank shall always be appropriated 
to loans to be made to citizens of this Commonwealth, and 
wherein the directors shall wholly and exclusively regard 
the agricultural and manufacturing interest, which loans 
shall be made in sums not less than one hundred dollars, 
nor more than five hundred dollars, and upon the personal 
bond of the borrower, with collateral security by a mort- 
gage of real estate to the satisfiiction of the Director? of said 
bunk for a term not less than one year, and on condition of 
paying the interest annually on such loans subject to such 
forfeicures and right of redemption, as is by law provided 

Proviso. in other cases. Provided however, that the said bank may 
take, receive and hold by assignment any such mortgages 
as are already held by the existing bank in the town of 
Hallowell, and which may be assigned and taken by agree- 
ment between the two corporations, the amount of which 
shall be deemed and considered as an original loan to hp 
made as above directed. 



WISCASSET BANK. June 23, 1812. 101 

Sf.c. W.Be it further enacted^ That whenever the Legis- 
lature shall require it, the said corporation shall loan to the 
Common weahh any sum of money not exceeding ten P^J^siiaiiioan to 
centum of the amount of the capital stock actually paid in iheCommon- 
atany one time, reimbursable by live annual instalments or '''^^'''*' 
at any shorter period at the election of the Commonwealth, 
with the annual payments of interest at a rate not exceeding 
five per centum per annum; provided however^ that the proviso. 
Commonwealth shall never at any one time stand indebted 
to said corporation, without their consent, for a larger sum 
than twenty per centum of the capital stock actually paid in. 

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 Com- hold estateT^ 
mon wealth a sum not exceeding seventy five thousand dol- 
lars to be added to the capital stock of said company, sub- 
ject tosuch rules, regulations and provisions as shall be 
by the Legislature made and established as to the man- 
agement thereof. 

[Approved by the Governor June 23, 1812.] 



CHAP. XLVIII. 

An Act to incorporate the President, Directors, and Com- 
pany of the Wiscasset Bank. 

Sec. 1. -L>E it enacted bij the Senate and House of 
llepresentatwes in General Court assembled, and by the au- Persons, in- 
thority of the same. That Abiel Wood, David Payson, '°^"P°''-*'"*'- 
Moses Carlton, Moses Carlton, Jun. William M. Boyd, 
John Dole, Joseph T. Wood and Nathaniel Martin, their 
associates, successors, and assigns, shall be, and hereby 
are created a corporation by the name of The President, 
Directors and Company of the Wiscasset Bank, and shall 
so continue from the first day of October next for the term 
of nineteen yeiirs next ensuing, and by that name shall be, and 
liereby 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 co'nmoii seal, and to ordain, establish and put in 
execution such bye-laws, ordinances, and regulations as to 
them may appear necessary and convenient for the govern- 



102 WISCASSET BANK. Sunc 23, 181^. 

ment of the said corporation and the prudent management 
of their affairs ; provided such bye-laws, ordinances and reg- 
ulatiojis shall in no wise be contrary to the Constitution and 
laws of this Commonwealth, and the said corporation shall 
be always subject to the rules, restrictions, limitations and 
provisions herein prescribed. 
Capital stock ^'^^' 2- Be itJiiTther enacted^ That the capital stock of the 
' said corporation shall consist of a sum notlcss than two hun- 
jhen to be ^^^^ ^^^^ f^fj-y thousand dollars in gold and silver, divided in- 
to shares of one hundred dollars each, twenty five per cent 
of which sum shall be paid in on or before the first day of 
October in the year of our Lord one thousand eight hun- 
dred and twelve, and the residue thereof shall be paid on or 
before the first day of July in the year of our Lord one 
thousand eight hundred and thirteen, at such times and in 
such instalri)ents as the Stockholders shall determine. And 
the stockholders at their first meeting shall by a majority of 
votes determine the mode of transferring and disposing of 
said stock and the profits thereof, which being entered in the 
books ci said corporation shall be binding on the stockhold- 
ers, their successors and assigns ; and the said corporation 
are hereby made capable in law to have, hold, purchase, re- 
al esute. ceive, possess, enjoy and retain to them, their successors 
and assigns, lands, rents, tenements and hereditaments to the 
amount of twelve thousand dollars, and no more, at any one 
time, with power to bargain, sell, and dispose of the same, 
and to loan and negotiate their monies and effects by dis- 
counting on banking principles on such security as they 
Proviso. s;hall think advisable. Provided however ^X^lvM nothing here- 
in contained shall restrain or prevent the said corporation 
from taking and holding real estate in mortgage or on 
execution to any amount as security for, or in payment 
of atiy debts due to the said corporation, and provided 
further that no money shall be loaned, or discounts made, 
nor shall any bills or promissory notes be issued from said 
bank until the capital subscribed and actually paid in, and 
- existing in gold and silver in their vaults shall amount to 
sixty two thousand five hundred dollars. 

Sec. 3. Be it further enacted^ That the rules, restrictions, 
limitations, reservations and provisions, which are provided 
in and by the third section of an act, entided. An act to in- 
corporate the President Directors and Company of the 



WISCASSET BANK. June 23, 1812. 103 

State Bank shall be binding on the bank hereby established. 
Provklcd only, that any Director of the Lincoln and Kenne- 
bec baiir. now existing may be eligible as a Director of the 
bank hereby established, that the bond required to be g'.v- 
en by the Qi shier, shall be in the penalty of fifteen thou- 
sand'dollars, and that the number of Directors to be annually 
chosen shall be nine of which five may constitute a quorum 
for the transaction of business. And provided also, that the 
amount of debts at any time due from said bank shall 
not exceed fifty per cent beyond their capital stock actually 
paid in. 

Sec 4. Be it further enacted. That the said Bank shall 
be established and kept in the town of Wiscasset. 

Sec 5. Be it further enacted, That any Committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corpora- i.e-isiature 
tioii, and shall have hQc access to all their books and vaults, ^^ssl ll^T '*''' 
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 pow- 
er granted them or failed to comply with any of the rules, 
restrictions, and conditions in this act provided, their incor- 
poration shall thereupon be declared forfeited and void. 

Sec 6. Be it farther enacted, That the persons herein 
befortnamed, or anv three of them are authorized to call a 
meeting of the members and stockholders of said corpora- ^^ay eau 
tion as soon as may be convenient or necessary at sucn time 
and place as they may see fit (by advertising the same for 
three weeks successively in the Portland newspapers,) for 
the purpose of making, ordaining and establishing such bye- 
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. Be it further enacted, That it shall be the duty 
of the directors of said bank, to transmit to the Governor 
and Council of this Commonwealth for the time being, once 
in six months at least, and as much oftener as they may re- 
quire» accurate and just statements of the amounts oi" the siisii cxhrtHt 
capital stock of said corporation, and of debts due to the =' ^i^'i«n-^"^' 
isame, of the monies deposited therein, of the notes in circa- 



104 WISCASSET BANK. June 23, 1812. 

lation, and of the gold, silver and copper coin, and the bills 
of other banks on hand, which statement shpJl be signed by 
the directors and attested by the Cashier, and shall be veri- 
fied by oath or affii'matiou before some person competent 
to administer the same. 

Sec. 8. Be it further enacted^ That the said corporation 
shall be liable to pay to any bona fide holder the original 
amount of any note of said bank counterfeited or altered in 
the course of its cireulation to a larger amount notwithstand- 
ing such alteration. 

Sec. 9. Be it further enacted^ That the said corporation 

from ar.d after tr.e first Monday of October in the year of 

Shall pflj a our Lord one thousand eight huiidredand twelve shall pay 

tax to ti't^ |3^r ^yjjy of tax to tlic treasurer of this Couimonwealth, for 

1 reasarer Oi » v _ - i • . 

State. the use of the sar.^e, witnm ten days after each semi-annual 

dividend, the halt of one per cent on the amount of the orig- 
inal stock which shall at the time of said dividend have been 

ProTiso. actually paid in. I'rovi^ed however^ that the same *ax pay- 
able in manner aforesaid, shall be required by the Legisla- 
ture of all the Banks that shall be hereaiter incorporated with- 
in this Commonwealth, -eaMS. provided further, that nothing 
herein^ghall be construed to impair the rights of the Legis- 
lature to lay a tax upon any Bank already incorporated un- 
der the authority of this Coinmonwealth whenever they 
may see fit so to do. 

Sec. 10. Be it further enacted. That one tenth part of 
Amount to the wholc fuods of said bank shall always be appropriated 

ared toioau" ^o loaus, to bc made to citizens of this Commonwealth, and 
whercm 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 
Security of boud of the borrowcr, with collateral security by a mort- 

loaus. paq-e of real estate to the satisfaction of the Directors of 

o o 

said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans subr 
ject to such forfeitures, and right of redemption as is by 
!Pjovis». law provided in other cases. Frovided however, that the 
said bank may take, receive and hold by assignment any 
such mortgages as are already held by the existing bank 
in the town of Wiscasset and which may be assigned and 
taken by agreement between the two corporations, the 



TAUNTON BANK. June 23, 1812. 105 

amount of which shall be deemed and considered as an 
oriGjinal loan to be made as above directed. 

Skc. W.Be it further enacted. That whenever the Legis- 
lature shall require it, the said corporation shall loan to the shaii igau 

,^ / , P 1-1 1 . , to the Cotn. 

Commonwealth any sum oi money which may be required monweaUh. 
not exceeding ten per centum of the amount of the capital 
stock actually paid in at any one time, reimbursable by five 
annual instalments, or at any shorter period at the election of 
the Commonwealth with the annual payments of interest, at 
a rate not exceeding five per centum per annum. Provided 
howivcr^ that the Commonwealth shall never at any one 
time, stand indebted to said corporation without their con- 
sent, for a larger sum than twenty per centum of the capital 
stock actually paid in. 

Skc. 12. Be it further enacted. That the Commonwealth 
shall have a right, whenever the Legislature shall make 
provision by law to subscribe on account of the Common- Common- 
wealth a sum not exceeding: one hundred thousand dollars, ^^'7,"^^ may 
to be aaded to the capital stock or said company, subject 
to such rules, regulations and provisions as shall be by the 
Leji;islature made and established as to the manas:ement 
thereof. 

[Approved by the Governor June 23, 1812.] 



CHAP. XLIX. 

An act to isicorporate the President Directors and. Com- 
pany of the Taunton Bank. 



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 Simeon Tisdalc, Samuel Persons in. 
Fales, Joseph Tisdale, Samuel Crocker, Job Godfrey, «°'P'>r'^ted. 
Jun. Ehphalet Williams, Marcus Morton, John West, 
James L. Hodges, Nicholas Tillanghast, John Presbry and 
Jonathan Ingall, their associates, successors and assigns, 
shall be and hereby are created a corporation by the name 
of the President, Directors and Company of the Taunton 
Bank, and shall so continue until the first day of October, 
which will be in the year of our Lord one thousand eight 
hundred and thirty one, and by that name shall be, and 



106 TAUNTON BANK. June 23, 1812. 

hereby are made capable in law to sue and be sued, plead 
and be impleaded, defeiid aiid be defended in any courts of 
record, or any other place whatevei', and also to make, have 
and use a common seal, and to ordain, establish, and put 
May make Jn exccutiou such bvc-lavvs ordiuauccs and rea;ulai:ions as 

i'loviso. to tnem may appear necessar}- ar.d convenient tor the ii"'>v- 
ernment of said corporation, and the j)rudent managenu. nt 
of their affairs. Provided such bye-laws, ordinances and 
regulations, shall in no wise be contrary to the Constitu- 
tion and laws of this Commonwealth ; ar.d the said coi {)ora- 
tion shall be always subject to the rules, restrictions, haiita- 
tions and provisions herein prescribed. 

Sec. 2. Be it further enacted^ Tliat the capital stock of 
Capital tiie said corporation shall consist of the sum oF one hundred 

Stock. thousand dollars in gold and siher, divided into shares 
of one hundred dollars each, which shall be paid in at 

Tihen to be f^^'** C^^^^^ ^'^^^^''•^^''^'^^5 t'^^fi''^^ ^'"^ tll<-" fi''^^ Cli^^^y of Octobcr 

paid. next, the second on the first day of April next after, the 

third (jn the first day of October next after, the fourth on the 
fiist d.iy of April next after; or at such earlier tiuic as the 
Stockholders at any meeting thereof may order. And the 
Siockholdeisat their first meeting by a majority of votes, may 
determine the niode of transferring and disposing of said 
stock and the profits thereof, which being entered on the 
books of said corporation, shall be binding on the Stock- 
holders, their succes-ors and assigns, until they shall other- 
wise determine ; and the said corporation are hereby made 
capable in law to have, hold, purchase, receive, possess, en- 
joy, and retain to them, their successors, and assigns, lands, 

May hoides- reius, tenements, and hereditaments to the amount of ten 
thousand dollars, and no more at any one time, v\ ith power 
to bargain, sell, and dispose of the same, and to loan and 
negotiate their monies and effects, by discounting on bank- 
ing principles on such security as they shall think advisable. 

p .^^ Provided however^ That nothing herein contained, shall re- 
strain or prevent said corporation from taking and holding 
real estate in mortgage, or on execution to any amount as se- 
curity for, or in paym.ent of any debts due to said corpo- 
ration ; provided further, that no money shall be loaned or 
discounts made, nor shall any bills or promissory notes be 
issued from said bank, until the capital subscribed and ac- 
tually paid in, and existing in gold and silver in their vaults 
shall amount to twenty five thousand dollars. 



TAUNTON BANK. June 23, 1S12. 107 

Sec. 3. Be it further enacted. That the rules, limita- 
tioiis, and provisions, which are provided in and by the third 
sec;tion oF an act entitled, An act to incorporate the Presi- 
dent, Directors and Cosiipany of the State Bank shnll be 
binding on the bank hereby esta'oiished. Provided that Proviso. 
the bond required to be given by the Cashier, shall begiv- Cs,siiier shall 
en in the penalty of twenty thousand dollars, that the num- give- bunds. 
ber of Directors to be annually chosen shall be nine, and five 
may constitute a quorum for the transaction of business. 
Kwdi provided also, that the amount of debts at any time due 
from said bank shall not exceed fifty per cent beyond their 
capital stock actually paid in. 

Sec. 4. Be it further ^^nacted, That the said bank shall 
be established and kept in the town of Taunton. 

Sec. 5. Be it further enacted,'^il\\^t whenever the Leg- • 
islature shall require it, the said corporation shall loan to shaii lo^n to 
the Commonwealth any sum of money which may be re- wealtu!'^'"^"' 
quired, not exceeding ten thousand dollars, at any one time 
reimbursable by five annual instalments or at any shorter 
period at the election of the Commonwealth with the annual 
payments of interest, at a rate not exceeding five per cent Proviso. 
per annum. Provided liowever, Tiiat the Commonwealth 
shall never at one time, stand indebted to the said corpora- 
tion without their consent for a larger suni than twenty thou- 
sand dollars. 

Sec. 6. Be it furtlier enacted. That an}^ Cor'nmittee 
specially appointed by the Legislature for that purpose, shall i • .cisiat.ire 
have a right to examine into the doings of said corpora- cess to'vluus,' 
tion and shall have free access to all their books and vaults, ^*^- 
and if upon such an examination it shall be found, and af- 
ter a full hearing of said corporation thereon be determin- 
ed by the Legislature that said corporation have exceeded 
the powers herein granted them, or failed to comply with 
any of the rules, restrictions and conditions in this act pro- 
vided, the incorporation shall thereupon be declared for- 
feited and void. 

Sec 7. Be it further enacted. That tlk persons herein ]Mav 1,014 
before named or a majority of them are authorized to call 'n*^«ti"s- 
a meetmg of the members and Stockholders of said corpo- 
ration as soon as may be, at such time and place as they 
may see fit, by advertising the same "three weeks success- 
ively in the New Bedford Mercury, and the New Bedford 



108 TAUNTON BANK. Jzmd-23, 1812. 

Gazette, printed in New Bedford, for the purpose of making-, 
ordaining and establishing such bye-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 sec fit to choose. 

Sec 8. Be it further enacted^ That it shall be the duty of 
the Directors of said Bank to transmit to the Governor and 
Council of this Commonwealth for the time being, once in 
six months at least, and as much oftener as they nnw rc- 
Shaii exiiibit quire, accurate and just statements of the amount of the 
ofaccoTit^ capital stock of said corporation, and of debts due the 
same, of the monies deposited therein, of the notes in cir- 
culation, and of the gold, silver, and copper coin, and the 
bills of other banks on hand, which statement shall be sign- 
ed by the Directors, and attested by the Cashier, and shall 
be verified by oath before some person competent to ad- 
minister the same. 

Sec 9. Be it further enacted^ That the Commonwealth 
'.vcau'h'^°"to shall have a right whenever the Legislature shall make pro- 
jioi(j Stock, vision by law to subscribe on account of the Commonwealth 
a sum not exceeding fifty thousand dollars, to be added 
to the capital stock of said company, subject to such rules, 
regulations and provisions as shall be h\ tlie Legislature 
made and established as to the management thereof. 

Sec. 10. Be it further enacted^ That the said corporation 
shall be liable to pay to any bona fide holder the original 
amount on any note of said bank altered, in the course of 
its circulation to a larger amount, notwithstanding such al- 
teration. 

Sec 11. Be it further enacted, Tliat the said corporation 
from and after the first Monday of October, in the year of 
our Lord one thousand eight hundred and twelve, shall 
Shall pay a pay by way of tax to the Treasurer of this Commonweallh 
TrelTsurer of foi^ the usc of thc samc, withiu ten days alter each semi- 
Stale. annual dividend, the half of one ]:)er cent, on the amount 

of the original stock which shall at the time of said dividend 
Proviso, have been actually paid in. Provided however^ That the 
same tax payable in manner aforesaid shall be required by 
the Legislature of all banks, that shall be hereafter incor- 
porated within this Commonwealth, from and after thc said 
first Monday of October ; zxi'^ provided further ^ that nothing 



NEWBURYPORT BANK. June 23, 1812. 109 

herein contained shall be construed to impair the right of 
the Legislature to lay a ta'x or excise upon any bank already 
incorporated under the authority of this Commonwealth 
whenever they may think proper so to do. 

Sec. 12. Be it further enacted^ That one tenth part of 
the whole funds of said bank shall always be appropriated Amount to be 
to loans, to be made to citizens of this Commonwealth, ^p','^".^p'""*^"^ 
and wherein the Directors shall wholly and exclusively re- 
gard the agricultural and manufacturing interest, v/hich 
loans shall be made in sums not less than one hundred 
dollars, nor more than five hundred dollars, and upon the j^/^"^*"'"* °* 
personal bond of the borrower, with collateral sccurit}^ by a 
mortgage of real estate to the satisfaction of the Directors of 
said Bank, for a term not less than one year, and on con- ^,^"""'^^' ^"'' 
dition of paying the interest annually on such loans subject 
tONSuch forfeitures, and right of redemption as is by law 
provided in other cases. - 

[Approved by the Governor June 23, 1812.] 



Pei'soiisiu- 



CHAP. L. 

An a;:t to incorporate the President, Directors and Com- 
pany of the Newburyport Bank. 

Sec 1. JjE ?if enacted hy the Senate and House of 
Representatives in Gejieral Court assembkd, and by the 
authority of the same. That William Bartlett, Joshua Car- 
ter, Thomas M. Clark, Abner Wood, Ebenezer Wheel- corpoi-ai!ed'. 
Wright, their associates, successors and assigns, shall be 
and hereby are created a Corporation, by the name of the 
President, Directors and Company of the Newburyport 
Bank ; and shall so continue from the first day of Octo< 
ber next, to the first day of October, which will be in the 
year of our Lord one thousand eight hundred and thirty 
one, and by that name shall be, and hereby are made capa- 
ble in law, to sue, and be sued, plead and be implead- 
ed, 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 bve-laws, ordinances and re8:ulations as ., 
to them may appear necessary and convenient, for the bye-iaws. 



; 



ilO NEWBURYPORT BANK. June 23, 1812, 

government of the said corporation and the prudent man- 
agement of their affairs. Provided such by(i-la'.vs, ordi- 
nances, and regulations, shall in no wise be contrary to the 
constitution and laws of this Commonwealth, and the siiid 
corporation shall be always subject to the rules, restrictions, 
and provisions lierein prescribed. 
Ca],;tai Si:r;. 2. Be it further enacted^ That the capital stock 
of the said corporation shall consist of three hundred and fif- 
ty thousand dollars, in gold and silver, divided into shares of 
one hundred dollars each, to be paid in at fom' equal instal- 
"When to J^-^'^ts, the first on the first day of October next, the second 
paid in. ou the first Mouday of January, the third on the first Monday 
of April, and the fourth on the first day of July which 
will be in the year of our Lord eighteen hundred and thir- 
teen, or at such earlier times as the said Stockholders at 
any meeting thereof may order. And the Stockholders 
at their first meeting shall by a majority of voles, determine 
the mode of transferring and disposing of said stock and 
the profits thereof, which being entered in the books of 
said Corporation, shall be binding on the Stockholders, 
their successors and assigns, and the said corporation are 
hereby made capable in law to have, hold, purchase, re- 
May hold es- ceive, possess, enjoy and retain to them, their successors, 
^^^- and assigns, laiids, rents, tenements, and hereditaments to 

the amount of fifty thousand dollars, and no more, at any one 
time, with power to bargain, sell, and dispose of the same, 
and to loan anc^ negotiate their monies and effects, by dis- 
counting: on bankin^r principles on such security as thev 

O Oil V ^ w 

Proviso. shall think advisable. Provided hoivever, That nothing 
herein contained, shall restrain or prevent the said corpora- 
tion from taking and holding real estate in mortgage, 
or on execution to any amount as security for, or in pay- 
ment of any debts due to the said corporation ; and p7-o- 
vided further, that no money shall be loaned or discounts 
made, nor shall any bills or promissory notes be issued 
from said bank, until the capital subscribed and actually 
paid in, and existing in gold and silver in their vaults shall 
amount to ninety thousand dollars. 

Si-'-c. 3. Be it further enacted^ That the rules, restric- 
tions, limitations, reservations and provisions, which are 
provided in and by the third section of an act entitled An 
act to incorporate the President, Directors and Company 



NEWBURYPORT BANK. June 23, 1812. Ill 

of the State Bank, shall be binding on the b:ink hereby 
e.stublished Provided th^t any Director of the Newbury port Pi'oviso. 
bank now cxistintj may be eligible as a Director of the bank 
hereby established; that the bond required to be given by casi.ier sLatt 
the -Casliier, shall be given in the penalty of ten thousand give boinj&. 
dollars, and that the number of Directors to be annually, 
chosen shall be seven, and four may constitute a quo- 
rum for t!ie transaction of business. And provided also ^ 
that the amount of bills at any lime issued from said bank, 
siiall noi exceed fifty per cent beyond the capital stock 
actually paid in. 

Sec 4. iir it further enacted. That the sa'd Bank shall Where tobe' 
be establishes and kept in the town of Neu'buryport, in ^^ "^ 
the County of Essex. 

SiiC. 5. Be it further enacted^ That any Committee spec- 
ially ap;K)inted by the Legislature for the purpose, shall 
have a right to examine into the doings of said corpora- 
tion and shall have free access to all their books and vaults, Le^isiatura 
and if upon such an examination it shall be found, and af- shaiihaveai-- 

A . 1 1 • 1 ^^^* '•^ vaults, 

ter a full nearing of said corporation thereon be determined &f. 
by the Legislature that said corporation have exceeded the 
power herein granted them, or failed to comply with any of 
the rules, restrictions and conditions in this act provided, 
their incorporation may thereupon be declared forfeited 
and void. 

Sec 6. Be it further enacted,. That the persons herein 
before named, or anv three of them are authorized to call a 
meeting of the members and Stockholders of said corpo- May call 
ration as soon us may be, at such time and place as they '^'^^^'^'"S''- 
may see fit, by advertising the same for three weeks suc- 
cessively in all the newspapers printed at Newburyport 
for the time being, for the purpose of making, ordaining 
and estalDlishing such bye-laws, ordinances and regula- 
tions for the orderly conducting the affairs of the said cor- 
poration as the said Stockholders shall deem necessary, 
and for the choice of the first board of Directors, and such 
other officers as they shall see fit to choose. 

Sec. 7. Be it further enacted. That it shall be the duty 
of the Directors of said Bank to transmit to the Governor 
and Council of this Commonwealth for the time being, once 
in six months at least, and as much oftener as they may re- s'''" ev»i''it 
quke, accurate and just statements of the amount of the oiac"'>'"t". 



112 NEWBURYPORT BANK. June 23, 1812. 

capital stock of said corporation, and of debts due to the 
same, of the monies deposited therein, of the notes in cir- 
CLiIation, and of the gold, silver and copper coin, and thebills 
of other banks on hand, which statement shall be signed by 
the Directors, and attested by tlie Cashier, and shall be veri- 
fied by oath or affirmation, before some person competent 
to administer the same. 

Sec. ^. Be it furtJier enacted, that the said corporation 
Shall i)ny ^i-jjji} |3e li;ibie to pay to any bona fide holder the original 
comlterfeaoi- amount of any note of said bank counterfeited or altered, 
^^^- in the course of its circulation to a larger amount, not- 

withstanding such alteration. 

Si-:<;. 9. Be it further enacted, That the said corporation 
from and after the first Monday of October next, shall pay 
to'^Coumioi?. b}'- way of tax to the treasurer of this Commonwealth for 
■wealth. ^YiQ 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 
Proviso, have been actually paid in. Provided Iiowever, That the 
same tax payable in manner aforesaid, shall be required by 
the Legislature, of all banks that shall be hereafter incor- 
porated within this Commonwealth. And provided fur- 
ther, that nothing herein shall be construed to impair the 
rights of the Legislature to lay a tax upon any bank al- 
ready incorporated under the authority of this Common- 
wealth, whenever they may see fit so to do. 

Sbc. 10. Be it further enacted, That one tenth part of 
fuiuisiiow the whole funds of said bank, shall ahvays be appropri- 
appropriateii. ^^ed to loaus, to bc made to citizens of this Commonwealth, 
and wherein the directors shall wholly and exclusively regard 
the agricultural and manufacturing interest, which loans 
shall be made in sums not less than one hundred dollars, 
nor more than five hundred dollars, and upon the personal 
bond of the borrower with collateral security by a mcrt- 
gage of real estate, to the satisfaction of the directors of 
said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans, subject 
to such forfeitures and right of redemption, as is by law 
provided in other cases. Provided however, that the said 
Bank may take, receive and hold by assignment any such 
mortgages as are already held by the bank now existing in 



concern- 



KENNEBECK BANK. June 25, IS12, 113 

the town of Mevvburyport, and which may be assij^ned and 
taken bv agreement bftween the two corporations, the amouat . 
of whicii shall be considered as an original loan to be made 
as above directed. 

Sbc. 11. Be it furfhjr enncted^'YXwX. whenever the Leg- 
islattire shall reciuire it, llie said corporation shall loan to Shaii Vmn to 
the CommoRvvealth any sum or inoney vvnic'i may be re- wealth. 
quired, not exceeding ten per ctaLum of tiie aaioimt of 
the capital stock actually pvjd in, at any one time, r*.im- 
bursable by five annual instalments, or at any shorter j)cn- 
od at the election of the Commonwealth, with the annual 
payments of interest, at a rate not exceeding five per cent- 
um per annum. Provided however. That the Common- Proviso, 
wealth shall never at any one time, stand indebted to said 
corporation without their consent for a larger sum than 
twenty per centum of the capital stock actULilly paid in. 

Sec. 12. Be it further enacted^ ''"hat the Co nnionwe.iith 
shall have a right, whenever the Legislature shall make pro- 
vision by law, to subscribe on account of the Common- rommon- 
wealth a sum not exceeding: one hundred and fifty thousand ."'"^'^'^ "^^'y 
doUars, to be added to the capital stock of said company, ed 
subject to such rules, regulations and provisions as sliall 
be by the Legislature made and established as to the man- 
agement thereof. 

[Approved by the Governor June 23, 1812.] 



CHAP. LL 

An Act to incorporate the President, Directors and Com- 
pany of the Kennebeck Bank. 

Sec 1. X> E it enacted hy the Senate and House of 
Representatives^ in General Court assembled, and by the au- 
thority of the same, That John Chandler, Benjamm D ,ar- persons m. 
born, Ariel Mann, Ebenezer T. Warren, and Joshua Gage, corporated. 
their associates, successors and assigns, shall be, and here- 
by are created a Corporation by the name of The Presi- 
dent, Directors and Company of the Kennebeck B uik, 
and shall so continue from the first day of October next, co„7inue." *° 
to the first day of October, which will be in the year 
of our Lord one thousand eight hundred and thirty one, 
P 



114 KENN£BECK BANK. June 23, 1812. 

and by that name shall be, and hereby are made cajDable in 
law, to sue and be sued, plead and be impleaded, defend 
and be defended, in any Courts of Re 'ord, or any other 
place whatever, and also to make, have and use a common 
May make seal, and the same at pleasure to break alter and renew, 
and to ordam, establish, and put in execution such bye- 
laws, ordinances and regulations as to them may appear 
necessary and convenient, for the government of the said 
corporation and the prudent management of their af- 
Proviso. i^;\x's. Provided such bye-laws, ordinances and regulations 
shall in no wise be contrary to thtr Constitution and laws 
of this Commonwealth, and the said corporation shall be 
always subject to the rules, restrictions, liiiiitalions and 
provisions herein prescribed. 

Se c. 2. Be it further enacted. That the capital s* o *k of the 
Capitaistock, gaid Corporation shall consist of one hundred thousand dol- 
lars, in gold and silver, divided into shares of one hundred 
dollars each, which shall be paid in, one fourth part thereof 
whe:i to be OH tlic first day of October next, and the remaining sums 
^''" ' on or before the first day of July, in the year of our Loid 

eighteen hundred and thirteen, or as much sooner, and in 
such instalments, as the stc kholders may direct; and 
the stockholders at their first meeting sliall by a majority 
Transferring of votcs determine the mode of transferring and disposing 
'■'''■ of said stock and profits thereof, wh'ch being entered in the 
books of the said corporation, shall be h-inding on the stock- 
May hoWes- holders, their successors and assigns, until they shall oth- 
tate. erwise determine and the said corporation are hereby 

made capable in law to have, hold, purchase, receive, 
possess, enjoy and retain to them, their successors and 
assigns, lands, rents, tenements and hereditaments, to 
the amount of twelve thousand dollars, and no more at any 
one time, with power to bargain, sell and dispose of the 
same ; and to loan and negotiate their monies and effects 
Proviso. ^3y discounting on banking jmnciples on such security as 
they shall think advisable. Provided hoxvevcr, that nothing 
herein contained shall restrain or prevent the said corpora- 
tion from taking and holding real estate in mortgage or 
on execution to any amount as security for, or in pay- 
ment of any debts due to the said corporation. Provided 
further^ that no monev shall be loaned nor discounts made, 
nor shall any bills or promissory notes be issued from said 
bank, until the capital subscribed and actually paid in, and 



KENNEBECK BANK. June 23, 1812. 115 

existino; m gold and silver in their vaults shall amount to 
twent} five thousand dollars. 

Si,.;. 3. Be it further enacted. That the rules, limitations, 
provisions, restriclions and reservations which are provided 
in and by the third sccrion of an act entitled " An act to 
incorporate the President, Directors, and Company of the 
State Bank, shall be binding on the bank hereby establish- 
ed. Provided, that the bond required to be given by the 
cashier, shall be given in tlie penalty of twenty thousand ^"jJJo'n^J;'^^ 
dollars ; that the numhcr of directors to be annually chosen 
shall be nine and five may constitute a quorum for the 
transaction of business, and provided also, that the amount Proviso, 
of debts at any tine due from said bank shall not exceed 
fifty per cent beyond the capital stock actually paid in. 

Sec. 4. Be it further enacted. That the said bank shall Where to be 
be established and kept in the town of Augusta. 

Sec. 5. Be it further enacted. That any committee spec- 
ially appointed by the Legislature for the purpose, shall 
have a right to examine into the doings of said corporation, 
and shall have free access to all their books and vaults, and Legislature 
if upon such an exatiiination it shall be found, and after a full cess, i^^." 
hearing of said corporation thereon be determined by the 
Legislature that said corporation have exceeded the power 
herein granted them, or failed to comply with any of the 
rules, restrictions and conditions in this act provided, 
tlieir corporation shall thereupon be declared forfeited 
and void. 

Sec 6. Be it further enacted, That the persons herein 
before named, or any three of them are authorized to call May call 
a meeting of the members and Stockholders of said cor- -^*'='=^'"ss- 
poration as soon as may be, at such time and place as they 
may see fit, (by advertising the same for three weeks succes- - 
sively in the American Advocate printed at Hallowell) for 
the purpose of making, ordaining and establishing such 
bye-laws, ordinances and regulations, for the orderly con • 
ducting the afiairs of the said corporation as the said Stock- 
ers shall deem necessary, and for the choice of the first 
board of directors, and such other officers as they shall see 
fit to choose. 

Sec. 7. Be it further enacted. That it shall be the duty 
of the directors of said bank to transmit to the Governor 
and Council of this Commonwealth for the time being, once fsJatml'S^ 



116 KENNEBECK BANK. June 25, 1812, 

in six months at least, and as much oftener as they may 
Shall exhibit require, accurate and just statements of the amounts oi' the 
a statement, j^^pj^^^j stock and of debts due to the same, of the mo- 
nies deposited therein, of the notes in circulation, and of 
the gold, silver, and copper coin, and the bills of other 
banks on hand, which statement shall be signed by the di- 
rectors, and attested by the cashier, and ohall be verified by 
o.ith before some person competent to administer the same. 
Shall ia ^"^^* ^' ^^ ^^ further enacted^ That the said corpora- 
theii- rntes tiou shull bc liable to pay to any bona fide holder the original 
or"nor'^"^ amount of any note of stiid bank, altered in tlie course 
of its circulation to a larger amount, notwithstanding such 
alteration. 

Sec. 9. Be it further enacted. That the said corpora- 
tion, from and after the first day of October, in the 
year of our Lord eighteen hundred and twelve shall pay 
Shall pay a ^^ ^^^ ^^ ^''^ ^^ ^^ treasurer of this Commonwealth 
ti< isu ^-^^ f^*^^ ^^ "^^ ^^ ^'^^ same, within ten days after each 
state. semi-annual dividend, the half of one per cent, on the 

amount of the origina' stock which shall at the time of said 
Proviso, dividend have been actually paid in. Provided howevery 
I'hat ihe same tax pnyablc in manner aforesaid shall be re- 
quiied by the Legislature of all banks, that shall be here- 
after incorporated within this Commoiuvealth : And pro- 
vided further, that nothing herein contained shall be con- 
strued to impair the rights of the Legislature to lay a tax or 
excise upon any baiik already incorporated under theauthor- 
ity of this Commonwealth whenever they n-iay see fit so todo. 
Sec. 10. Be it further enacted. That one tenth part of 
the whole funds of said bank slutll always be cippropriated 
Funds how to loaus, to be made to Citizens of this Comnionvv-ealth, 
appropriated, ^ax^ whereiu the Directors shall \vholly and exclusively re- 
gard the agricultural and manufacturing interest, which 
loans shall be made in sums not less than one hundred 
dollars; and upon the personal bond of tb>e borrower, 
with collateral security by a mortgage of real estate 
to the satisfaction of the Directors of said bank, for a 
term not less than one year, and on condition of paying the 
interest annually on such loans, subject to such forfeitures, 
and right of redemption as is by law provided in other 
cases. 



SACO BANK. June 23, 1812. 117 

Sec. 11. Be it further enacted^ That whenever the Leg- 
islature shall require it, the said corporation shall loan to shaii loaa to 



ilie Coinmon- 



wea 



kii 



the Commonwealth any sum of money which may be re 
quired not exceeding ten per centum of the amount of the 
capital stock actu-^iUy paid in, at any one time, reimbursa- 
ble by five anni ul i istalnients, or at any shorter period at 
the election o[ the Coiurnonwealth, with the annual pay- 
ments of initrest, at the rate of five per centum per an- 
num. Pravrhd however. That the Commonwealth shall ^^■^^''^»- 
never at ,.iny one time, stand indebted to said corpora- 
tion without tlieir consent, for a larger s- vt than tvvcnty 
per centum of the capital sto<:k actually paid in. 

[Approved by the Govcinor June 23, 1812.] 

CHAP. LIT. 

An act to incorporate the President, Directors and Compa- 
ny of the Saco Bank. ^ 

Skc. 1. Be Hemetedhj the Senate and House of Rep. 

resentatives in General Court assembled, and by the author- 
ity of the same^ that Thomas Cutts, Jun. Thomas, G. Peisonsin- 
Thornton, Foxwcll Cutts, Richard Cutts, Daniel Gran ger« <^°iToi'Vt^^- 
Samuel Peirson, Cyrus King, Joseph Lealand, Danitl 
Cleaves, Samuel Hearly, James B. Thornton, Dominicus 
Cutts, Samuel ?vloody, Tristram Hooper, Samuel P. Abbot, 
Jere Bradbury, William P. Preble, Jonathan Tucker, and 
Thomas Cutts, their associates, successors, and assigns shall 
be, and hereby are created a Corporation by the name of 
The President, Directors and Company of the Saco 
Bank, and shall so continue from the first day of October 
next, for the term of nineteen years next ensuing, and by 
that name shall be, and hereby are made capable in law, to 
sue, and be sued, plead and be impleaded, defend and be 
defend(;d in any Courts of Record or any other place what- 
ever, and also to make, have, and use a common seal, and 
to ordain, establish and put in execution such bye-laws, May make 
ordinances and regulations as to them may appear neces- Me-ia^^s. 
sary and convenient, for the government of the said corpora- 
tion and the prudent management of their affairs. Provided 



il8 SACOBANK. //^«^ 23, 1812. 

Proviso. such bye-lavvs, ordinances and regulations, shall in no wise 
be contra)y to the Constitution and laws of this Common- 
wealth, and the said corporation shall be always subject to 
the rules, restrictions, limitations and provisions herein pre- 
scribed. 

Sec. 2. Be it further enacted^ That the capital stock 
Capital stock, ^^ ^j-j^ g^jj corporalio!! shall consist of the svuu of one hiui- 
dred and twenty thousand dollars in gold and silver, divided 
ivhen to be "j^j^q sharcs of ouc hundred dollars each, which shall be paid 
in at four equal instalments, the first, on the first day of Oc- 
tober next, the second on the first day of January next fol- 
lowing, the third on the first day of April next after, and 
the fourth on the first day of July, wliich will be in the 
year of our Lord one thousand eight hundred and thir- 
teen ; or at such earlier time as said Stockholders at 
any meeting Tnay direct; and the said Stockholders at 
their first meeting shall by a majority of votes, deter- 
mine the mode of transferring and disposing of said stock 
and the profits thereof, which being entered in the books of 
SLiid corporation, shall be bmdingon the Stockholders, their 
successors and assigns, and the said corporation are hereby 
made capable in law to have, hold, purchase, receive, pos- 
May hold sess, ciijoy and retain to them, their successors, and assigns, 
estate. lands, tenements, and hereditaments, to the amount of 

thirty thousand dollars, and no more at any one time, with 
power to bargain, sell and dispose of the same, and to loan 
and negotiate their monies and effects, by discounting on 
banking principles on such security as they shall think ad- 
Proviso, visable. Provided however. That nothing herein contain- 
ed, shall restrain or prevent the said corporation from tak- 
ing and holding real estate in mortgage, or on execution, 
to any amount as security for, or in pnymcnt of any debts 
due to the said corporation, and provided further, that no 
money shall be loaned or discounts made, nor shall any 
bills or promissory notes be issued from said bank, un- 
til the capital subscribed and actually paid in, and existing 
in gold and silver in their vaults, shall amount to thirty 
thousand dollars. 

Sec 3. Be it further enacted. That the rules, restrictions, 
limitations, and provisions, which are provided in and by 
the third section of an act to incorporate the President, 
Directors and Company of the State Bank, shall be bind- 



SACO BANK. Sune 23, 1812. 119 

ing on the bank hereby established. Provided only, that 
any director of the Saco B.-.nk may be eligible as a direct- 
or of this bank hereby established, that the bond required 
to be given by the Cashier shall be given in the penalty of cashfer si.ais 
twenty thousand dollars, tiiat the number of Directors s>ve bond«/ 
to be annually chosen shall be seven, and four may consti- 
tute a quorum for the transaction of business. And provided 
aho that the amount of bills at any time issued from said 
bank shall not exceed fifty per cent beyond their capital 
stock actually paid in. 

Sec. 4. Be it further enacted. That said Bank shall be Avheretobe 
established and kept in the town of Saco. established. 

Sec 5. Be it further enacted. That any committee spec- 
ially appointed by the Legislature for the purpose, shall have 
a right to examine into the doings of the said corporation, 
and shall have free access to all their books and vaults, and Legislature 
if upon such an examination it shall be found, and after a shaiihajeac- 
full hearing of said corporation thereon be determined by 
the Legislature, that said corporation have exceeded their 
power herein granted theni, or failed to comply with any 
of the rules, restrictions, and conditions in this act provid- 
ed, their incorporation may thereupon be declared forfeited 
and void. 

Sf.c. 6. Be it further enacted. That the persons herein 
before named, or any three of them are authorized to call 
a meeting of the members and Stockholders of said corpo- ^i^y caii 
ration as soon as may be, at such time and place as they n^tetings. 
may see fit (by advertising the same for three v/eeks suc- 
cessively in the Eastern iVrgus,) for the purpose of making, 
ordaining and establishing such bye-laws, ordinances and 
regulations for the orderly conducting the affiirsof 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 may see fit to choose. 

Skc, 7. Be it further enacted, That it shall be the duty 
of the directors of said Bank to transmit to the Governor 
and Council of this Commonwealth for the time being, 
once in six months at least, and as much oftener as they 
may require, accurate and just statements of the amounts g,,j^j. ^^^^^,^,^ 
of the capital stock of said corporation and of debts due to » stiiteme.-iu 
the same, of the monies deposited therein, of tlie notes in 



120 SACO BANK. , June 23, 1812. 

circulation, and of the gold, silver, and copper coin, :nd 

the bills of other banks on has'd, which statement shi'' be 

signed by the directors, aiid attested by the cashier, and 

shall be verified by oath, or al'iimation, before some person 

competent to administer the same. 

th^i'-t'ii ^'^ ^ ■ '■ ^* ^^ '^t further enacted^ That the said corporation 

counterfeit shall bc liable to pay to any bona fide liolder, the original 

or not. amount of any note of said bank, counterfeited or altered 

, in the course of its circulation to a larger amount, notwith- 

standini^ such alteration. 

Skc 9. Be it further enacted. That the said corporation 

fron^i and after the first Monday of October next, shall 

ct. „ P'^^' hv way of tax to the Treasurer of tiiis Commonwealth 

bhall pay a '•',•' ' c >, • \ ■ i c « 

tax to the lor the use or the same, witnui ten days alter each semi-an- 

staS!"'^"^ "' ""^^ dividend, the half of one per cent, on the amount of the 
original stock which shall at tlie time of said dividend have 

Proviso. been actually paid in. Provided however^ That the same 
tax payable in manner aforesaid, shall be required by the 
Legislature of all banks, that shall be hereafter incorporat- 
ed within this Commonwealth. Ku^ provided further that 
nothing herein shall be construed to impair the rights of 
the Legislature to lay a tax upon any bank already incor- 
porated under the authority of this Commonwealth, when- 
ever they may see fit so to do. 

Sec. 10. Be it further enacted^ That one tenth part of 
Amount to the wholc fuuds of said bank shall always be appropriated 

be appropn- ^Q Joaus to bc Hiadc to citizcus of this Commonwealth, 

ated to loans. • i -r^v 

and wherein the Directors shall wholly and exclusively re- 
gard the agricultural and manufacturing interest, which 
Amount of '<^'^^"'^ ^^'^^^^ ^^ made in sums not less than one hundred dol- 
loans. lars, nor more than five hundred dollars and upon the per- 

Security for soual boud of the boiTowcr, with collateral security by a 
loans. mortgage of real estate to the satisfaction of the directors 

of said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans, subject 
to such forfeitures, and rights of redemption as is by law 
Proviso. provided in other cases. Provided however^ that said 
Bank, may take, receive, and hold by assignment, any such 
mortgages as are already held by the existing bank in the 
town of Saco, and which may be assigned and taken by 
agreement between the two corporations, the amount of 
which shall be deemed and considered as an original loan 
to be made as above directed. 



PLYMOUTH BANK. June 23, 1812. 121 

Sf.c. W. Be it further enacted^ That whenever the Leo;- 
islalure shall require it, the said corporation shall loan to i^''"" 'oan f« 
the Commonwealth any sum oi money not exceeding ^veaith. 
ten per centum of the amount of the capital Stock actually 
paid in, at any awii. time, reimbursable by five annual instal- 
ments or at any shorter period at'the election of the Com- 
monwealth, with the annual payments of interest at a rate 
not exceeding live pcrcriituni per annum; provided how- 
ever^ that the Commonwealth slial! never at any one ti;ne 
stand indebted to said corporation '»vithout 'their consent 
for a larger sum than twenty per centum of the capital stock 
actually paid iu. 

S'yj. 12. Be it farther enacted^ That the Co-nmcn wealth 
shall have a right, whenever the Legislature shall make pro- 
vision by law, to subscribe on account of the Common- rommon- 
vvealth, a sum not exeeediii!^ Siixty thousand dollars, to '''^'^'^ "?y 

, , , T , -1 1 .• • "i r^ . • iioM stock- 

be adued to the capitnl stock oi said Company, subject to 
such rules, regulations and provisions, as shall be by the 
Legislature made and established, as to the management 
thereof. 

[Approved by the Governor June 23, 1812.1 



CHAP. LVHL 



om- 



An Act to incorporate the President, Directors and Cor 
pany of the Plymouth Bank. 

Sec. 1. i>E it enact <'d hij the Seitate and House of 
Representatives, in General Court assembled^ and by the au- 
thority of the same, T.hat Wiliiam Davis, Barnabas Hed)^e, Personn in. 
Jun. Wiili-im Jackson, Uobert Rolvcrts, Nathaniel Goodwin, «orporate«(. 
William Sturtevant, Silvanus Lazell, and their associates, 
successors and assigns sliall be, and hereby are created a 
corporation by the name of the President, Directors and 
Company of the Plymouth Bank, and shall so continue 
until the first day of October which will be in the year of 
our Lord one thousand eight hundred and thirty one, and by 
that name shall be, and hereby are m.cde capable in law 
to sue and be sued, plead and be impleaded, defend and 
be defended, in any courts of record, or in any other place 
wh itever, and also to make, have and use a common seal, 
and to ordain, establish and put ii^ execution, such bvcr . ,5f^ "•*^* 



122 PLYMOUTH BANK. June 23, 1812. 

laws, ordinances and regulations, as to them may appear 
necessary and convenient for tlie government of the said 
corporation, and the prudent niauLigement of their affairs. 

Proviso. Provided such bye-laws, ordinances and regulations shall 
in no wise be contrary to the Constitution and laws of 
this Commonwealth, and the said corporation shall be al- 
ways subject to the rules, restrictions, limitations, and 
provisions herein prescribed. 

Capital stock, Sec. 2. Be itjiirther enacted^ Tiiat the capital stock of the 
said corporation shall consist of the sum of one hundred 
thousand dollars in gold and silver, divided into shares of one 
hundred dollars each, which shall be paid in at four equal 

''du"*°^^ instalments the first on the first day of October next, the 
second on the first day of January next, the third on 
the first day of April next, and the fourth on the first 
day of July next after, and as much sooner as the 
stockholders shall direct. And the stockholders at their 
first meeting shall by a majority of votes determine the 
mode of transferring and disposing of said stock and the 
profits thereof, which being entered in the books of said 
corporation shall be binding on the stockholders, their 
successors and assigns ; and the said corporation are here- 

Mayhoides-by made capable in law to have, hold, piu'chase, receive, 
possess, enjoy and retain to them, their successors and 
assigns, lands, rents, tenements and hereditaments to the 
amount of ten thousand dollars, arid no more, at any one 
time, with power to bargain, sell, and dispose of the same, 
and to loan and negotiate their monies and effects by dis- 
counting on banking principles on such security as they 

Proviso. gj-jjj}] thji^j.; advisable. Provided hoxvever, that nothing here- 
in contained shall restrain or prevent the said corporation 
from taking and holding real estate in mortgage or on 
execution to any amount as security for, or in payment 
of any debts due to the said corporation, and provided 
further that no money shall be loaned, or discounts made, 
nor shall any bills or promissory notes be issued from said 
bank until the capital subscribed and actually paid in, and 
existiiig in gold and silver in their vaults shall amount to 
twenty five ihousard doilar^. 

Sec 3. Be it further ejiacted^ 1 hatthe rules, reservations, 
testrictions, limitations, and provisions, which are provided 
in and by the thiid section of an act, enliried, An act to in- 
coiporate the President Directors and Company of the 



PLYMOUTH BANK. A-w^ 23, 1812. 123 

State Bar.k, shall be binding on the bank hereby established. 
Provided only, ti.at any Director of the Plymouth bank now 
exl^.ung mav be eligible as a Director of the bank hereby 
established, that the bond required to be given by the Cash- J;';^!;^;^^'."^^ 
ier, shall be in the penalty of ten thousand dollars, that 
the number of Directors to be annually chosen shall be sffveii 
and four may constitute a quorum for transaction oi busi- 
ness. And provided also, that the amount of bills at any 
one time issued by said bank shall not exceed fifty per cent 
beyond their capital stock actually paid in. 

Sec. 4. Be it further enacted. That the said Bank shall 
be estabiisherl and kept in the town of Plymouth. 

Sec. 5, Be it further enacted. That any Committee spec- 
ially appoinred bv the Leg-islature for the purpose, shall Legislature 

, •■ * ^ . , ' . --.IT- r -1 shall have act. 

have a right to examine into the douigs or said corpora- ^ess, &.c. 
tion, 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 haveexceededthe pow- 
er 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. Be it farther enacted, That the persons herein 
beforenamed, or any three of them are authorized to call a ^^:'y ca" 

,. , " , , 11,1 r • 1 meetings. 

meeting ot the members, and stockholders ot said corpora- 
tion as soon as may be, at such time and place as they may 
see fit (by advertising the same for three weeks successive- 
ly in the Columbian Centinel) for the purpose of making, 
ordaining and establishing such bye- laws, ordinances and 
regulations for tlie orderly conducting the aftairs of the said 
corporation, as the said stockholders shall deem necessary, 
and for the choice of the first board of directors, and for 
such other omcers as they shall see fit to choose. 

Sec. 7. Ba it further enacted, That it shall be the duty 
of the directors of s aid bank, to transmit to the Governor 
and Council of diis Commonwealth for the time beiny:, once 
m SIX months at least, and as much oftener as they may re- 
quire, accurate and just statements of the amounts of the shnii exMb't 
capital stock of said corporation, and of debts due the * ^^'*^<^'^^'*'* 
same, of the monies deposited therein, of the notes in circu- 
lation, and of the gold, and silver and copper, the bills 
of other banks on hand, which statement shall be siened bv 



124 PLYMOUTH BANK. June 2o, 1812. 

the directors and attested by the Cashier, and shall be veri- 
fitd by oath or afiirmation before some person competent 
to administer the sanie. 

Sec. 8. Be it further enacted, 'J'hat the said corporation 
shall he liable to pay to any bona fide holder tiic original 
amount of any note of said bai;k counterfeited or altered in 
the course of its circulation to a larger amount notvvichstand- 
'\\v^ such alteration. 

Sec. \). Be U further enacted^ Thrvt tlie said corporation 
from and after tiie lirst Monday of Octt)ber next shall pay 

tax to^'The*' by way of tax to the treasurer of this Coannonwealth, for 

T.-i'Msuier oi the use of the san:e, within ten days after each semi-annual 
dividend, the half ^i'i one per cent on the amount of the orii^- 
inal stock which sluill at the time of said dividend have been 

Proviso. actually paid in. rrovidedhozvcver^ that the same tax pay- 
able in n anvier aforesaid, shall be required bv the Lesrisla- 
ture of all Banks that shah be hereahcr incorporated u'ith- 
in this Ccj.nmonwealih, imd provided further^ that nothing" 
herein shall be construed to impair the rights of the Legis- 
lature to lay a tax upon any Bank already incorporated un- 
der the authority of this Conunonwealth whenever they 
may see fit so to do. 

Sec 10. Be it further enacted^ That one tenth part of 
Amount to ^]^g funds of Said bank shaii always be aoDropriated to 

aicu to loaiia. loans, to be made to citizens of this Commonwealth, and 
wherein the Directors shall wholly and exclusively regard 
the agricultural and manufacturing interest, which loans 
shall be made in sums not less than one hundred dollars, 
nor more than five hui'.dred dollars, and upon the personal 

loaus.""'^ °^ 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 con- 
dition of paying the interest annually on such loans, sub- 
ject to such forfeitures, and rights of redemption as is by 
law prescribed in other cases. Provided horvever, that the 
said bank may take, receive and hold by assignment, any 
such mortgages as are already held by the exisring bank 
in the town of Plymouth and which may be assigned and 
;s. taken by agreement between the two corporations, the 

amount of which shall be deemed and considered as an 
original loan to be made as above directed. 



CHI<:STER. June 25, 1812. 125 

Skc. 1 1 . ^f it farther enacted. That whenever the Legis- 
lature shall require it, the said corporation sWaU loan to the Shall loan t» 

c^ II r ^ 1' ^ the Coraruon- 

ComrYonvvealth any sum or mo:iey not exceeding ten per wealth, 
centum of the amount of the capital stock actually paid in 
at any one time, reimbursable by five annual instalments or 
at any shorter period at the election of the Commonwealth, 
with the .annual payments of interest at a rate not exceeding 
five per centum per annum ; provided however^ that the ^ 

Commonwealth shall never at any one time stand indebted 
to said corporation, without their consent, for a larger sum 
ihaii twentv per centum of the capital stock actually paid in. 

Sec. 12. Be it further enacted. That the Common- Common- 
weaitn shall have a right whenever the Legislature shall uoia^siock!^ 
make provision by law to subscribe on account of the Com- 
mon weaitli a sum not exceeding thirty thousand dol- 
lars to be added to the capital stock of said company, sub- 
ject to such rules, regulations and provisions as shall be 
by the Legislature made and established as to the man- 
agement thereof. 

[Approved by the Governor June 23, 1812.] 



CHAP. LIV. 

An Act to set off the town of Chester in the County of 
Hampden, from a District heretofore created in the 
County of Hampshire for tht? Registry of Deeds, and to 
incorporate the siime for that purpose with the said 
County of Hampden. 

\S E It enacted by the Senate and House of 
Representatives in General Court assembled, and by the au- 
thority of the same. That from and after the first day of 
August next, the town of Chester, in the County of Hamp- 
den, shall cease to be part of a District in the County of 
Hampshire for the PiCgistry of Deeds and shall be annexed 
to and form a part of the County of Hampden, for that pur- 
pose, and from and after the said first day of iVugust next, 
the said inhabitants of the town of Chester in every respect 
touchilig the Registry of Deeds shall have the same rights 
and privileges and be subject to the same duties and obli- 
gations in the County of Hampden, as the other inhabitants 



126 SUiMNER xMINISTRY LANDS. June 23, 1812. 

of said County by law will iiave and be subject to, any law 
to the contrary iiotwithstanding. 

[Approved by the Governor June 24, 1812.] 



CHAP. LV. 

An act authorizing tlie sale of ministry lands in the town 
of Snmnci' in the County of Oxtord, by which to raise 
a fund for tiic support of the ministry in said town. 

Sec. 1. -OE it enacted hy the Senate and House of 
llepresenfatives in General Court assembled^ and by the aii- 
Trustees ap- fhority oj the same. That Benjamin Heaid, Timothy Cobb, 
pointtf. Zebadiah Austin, Sylvanus Stephens, Joseph Robinson, 
John Briggs and Hezekiah Stetson, be, and they are here- 
by appointed Agents and Trustees of the Ministry lands 
in the town of Sumner. 

Sec. 2. Be it further enacted. That the said agents and 
trustees be and they are incorporated into a body politic by 
the name of the Trustees of the Ministerial funds in Su n ncr, 
and they and their successors shall be and continue it body 
* politic and corporate by that name for ever, and shall have 

a comuion seal, subject to alteration at their pleasure, may 
sue, and be sued, prosecute and be prosecuted, defend, 
and be defended in all actions, to final judgment and ex- 
ecution by the name aforesaid. 

Sric. 3. Be it further enacted, That the said Trustees, or 
a major part of them be, and they are hereby authorized and 
Empowered empowcrcd to scll and convcy in fee simple, all or any part 
to sell &c. Q^ ^.j-jg ministerial lands belonging to the said town of Sum- 
ner, and to make, execute and acknowledge a good and suf- 
ficient deed or deeds thereof, which deed or deeds subscribed 
by their President and countersigned by their Cierk under 
and by the direction and order of the said Trustees, or a 
major part of them with the seal of said corporation diereto 
afiixed, shall be good and valid in law to pass and convey 
the fee simple of said lands from said town to the purchaser 
or purchasers thereof, to all intentsancl purposes whatsoever. 
Sec. 4. Be it further enacted, That said Trustees shall 
annually in the month of March from among their number 



SUMNER MINISTRY LANDS. June 23, 1812. 127 

e!?ct a President and also a Clerk, the duty of the Clerk ^''''=^'*®''^^''' 
s:ia!l be to record the doings oF sa:d Trustees at any 
of their .ueetinj.'^s, in a book or books to be kept for that 
pi!ipose, aiid he shall be sworn to the faithful discharge of 
liis duty, and a record of his bemg so sworn shdl be made 
in the books of said corporation, and the said Trustees shall 
also in ttie month of March annually, choose a Treasurer 
whose duly it shall be to receive and apply the monies here- 
in aJter mentioned in the m. inner and for the purposes as 
is and rsrc herein after directed. 

Sec. 5. Be it further enacted^ That the number of said Number of 
Trubiv cs sluiil at no time be more than seven nor less than 
fi v'c, aud four of their numhrr shall be necessary to constitute 
aquorCnn for transactuig the business of said corporation, and 
uhene\'er any vacancy shall happen by death or otherwise in 
the ofHceof any of theTrustees aforenamed, it shall be the du- 
ty of the Clerk of the corporation within thirty days next af- 
ter to give notice thereof to the Selectmen of the said town 
of Sumner, and the said selectmen shall in their next war- 
rant for a meeting of the inhabitants of said town, insert 
au article for the c'loice of a Trustee or Trustees to fill said 
vacancy or vacancies who shall be chosen in such nieeting ^ow 611*6(1.' 
in the same way and manner as the Selectmen of towns are 
by law to be chosen, and the inhabitants of said town 
by major vote, at their annual March meeting in any year 
upon the written complaint of the said corporation, and not 
otherwise, may remove any Trustee, who through age, in- 
firmity, or other cause may become unfit or incapable of 
discharging his duty, and shall thereupon supply the vacancy 
so made by a new choice in manner aforesaid, from among 
the inhabiiants of said town of Sumner. 

Sec 6. Be it further enacted. That the monies arisino: 
from the sale of said ministry lands shall as soon as may be, appropriate!, 
be leaned o!i interest and such loaiis shall be secured by 
mortgage of real estate to the full value of the estate sold or 
money loaned or by two or more suiiicient sureties with 
the principal, and the said interest to be annually applied 
to the support of the ministry in said town, and each relig- 
ious society shall draw their proportionable part of said in- 
terest according to the valuation of the said town to be 
applied as aforesaid : Provided always it shall never be in Proviso, 
the power of the town aforesaid to alienate or in any way 



128 BANKS. June 23, 1812. 

dispose of or interfere with the fund or principal, but the 
said Trustees shall exhibit or cause to be exhibited to said 
town at its annual meeting in March or April, a regular 
and fair statement of their doings. 

Sk(j. 7. Be it further enacted That the Treasurer of said 
Trustees, shall give bond with sufficient siu'eties to the 
Treftsurer said towu of Sumner, conditioned for the faithful perform- 
bonds. ^""^ 3"ce of his diitv, and for a fiiithful application and appropri- 
ation of all the monies which may come to his har.d con- 
formable to the true intent and meaning of this act. 

Sk(;. 8. Be it further enacted, That any justice of the 
peace for the County of Oxford upon application made to 
him by three of the said Trustees, is authorized to issue his 
warrant to one of the trustees before named requiring him 
to notify and warn the first meeting of said trustees at such 
convenient time and place as shall be appointed in said 
warrant to organize the corporation by the appointment of 
its officers. 

[Approved by the Governor June 24, 1812.] 



CHAP. LVL 

An act to authorize the several Banks in this Common- 
wealth to issue bills of a less denomination than five dollars. 

xi E it enacted by the Senate and House of 
Representatives in Gener d Court assembled, and by the an- 
thority if the same. That from and after the passing of this 
act, and during the pleasure of the Legislature, The Presi- 
dent and Directors of all the Banks incorporated, or here- 
after to be incorporated under the authority of the Legisla- 
ture of this Commonwealth, shall have the power to issue 
and emit bills of the denominations of one two and three dol- 
lars to the amount of ten per centum of their several Capital 
Stocks actual!}' paid in, any thing in their respective acts of 
incorporation to the contrary notwithstanding. Providedhow- 
fr;6'r,that thisprivilege shall not be construed to authorize the 
said Banks, to owe or issue bills or promises to any greater 
amount than by their re spective acts of Incorporation they 
are already, or hereafter may be privileged to owe or issue. 
[Approved by the Governor June 24, 1812.] 



BANKS. June 24, 1812, 129 

CHAP. LVII. 

An act to enable certain banks in this Commonwealth to 
settle and close their concerns. 

Sec. 1. X>E /^ enacted hy the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That all banks incorporated under 
the authority of this Commonwealth, whose corporate pow- 
ers are by law limited to, or p.t any time before the last 
day of October next, shall be and continue bodies corpo- 
rate subject to the obligations, and with the rights and priv- 
ileges belonging to them, except as is herein after provided, 
until the first Monday of October which will be in the year 
of our Lord one thousand eight hundred and sixteen, 
and no longer, for the sole purpose of enabling said banks 
gradually to settle and close their concerns, and divide 
their Capital Stock. 

Sac. 2. Be it further enacted^ That from and after the 
first Monday of October next, it sliall not be lawful for 
either of the banks whose charters will expire as aforesaid, 
nor for any person acting in the behalf of them or either of 
them in the capacity of President, Directors, Trustees, 
Agents or otherwise to make any new loan of any monies 
in behalf of said banks, nor to issue or put into circulation 
any bank bills, post notes, checks, or other securities for 
money, for or on account of the said Banks or either of 
them, or of the Stockholders of them, nor to con- 
tract any new debt or debts, except such as in the 
ordinary course of business may be necessary for the 
salaries of their officers, and contingent expenses in- 
cident thtreto, nor to receive any but special deposits, 
nor any notes for collection ; provided always that the said 
banks may during the term aforesaid discount any notes 
bonds or mortgages which may be presented in lieu of notes 
bonds or mortgages due or growing due to them on said 
first Monday of October next, or which may be due or grow- 
ing due to them before the last day pf October which will 
be in t^e year of our Lord one thousand eight hundred and 
sixteen. 

Sec. 3. Be it further enacted^ That it shall be and here- 
by is declared to be the duty of the President and Direc» 
R 



130 BANKS. June 24, IS12, 

tors of said banks respectively from and after the first Mon- 
day of October next, to adopt all proper measures for bring- 
ing the concerns of said bank to a close as speedily as can 
be effected wilhoiit manifest inconvenience to the public ; 
and if the President and Directors of said banks or either 
of them, or any person or persons acting as agents or trus- 
tees or otherwise in behalf of the Stockholders of said banks 
or either of them, shall after said first Monday of October 
next, presume to make, or consent to any new loan of mo- 
nies, or to issue or to put into circulation any bank bills, post 
notes, checks or other securites, or the promises for the pay- 
ment of money for oi* on account of said Stockholders res- 
pectively or shall discount any notes, bonds, or mortgages 
except such as may be ofibred in lieu or renewal in part or in 
whole of notes or other securities which shall be then or 
afterwards due, or growing due to said bank, or shall per- 
mit specie or cash to be deposited in the vaults of the said 
banks except such as may belong to the Stockholders 
thereof, or shall receive any notes or securities for collec- 
tion, except for monies due or growing due to said banks, 
every person by whose procurement, privity or consent, 
any such loan, issue of securities, discount, deposit or re- 
ceipt of notes for collection contrary to the true intent and 
meaning of this act, shall be permitted, or done, shall for- 
feit and pay for each offence the treble value of all sums 
so loaned, issued, discounted, deposited or left for collec- 
tion, to be recovered before any Court proper to try the 
same, one half to the use of the person informing, the oth- 
er half to the use of the Commonwealth. 

[Approved by the Governor June 24, 1812.] 



CHAP. LVIII. 

An act to empower the Selectmen of the towns of Wey- 
mouth and Braintree to appoint Engine men. 

O E it enacted hij the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the Selectmen of the towns of 
Weymouth and Braintree be, and hereby are, respect- 
ively authorized and empowered to nominate and appoint, 
as soon as may be, after the passing of this act, and ever 



BELFAST BRIDGE. June 26, 1812. 

after, in tlie month of March annually, so long as there 
shall be a good engine at or near the brock running on the ' 
borders of the towns of Weymouth and Braintree, com- 
monly called Smelt brook, any number of suitable persons, 
not exceeding twenty one in both towns, a majority of 
whom shall always be of the inhabitants of \Veymouth, to 
be one company of engine men, to take charge of and 
manage said engine, who shall be subject to the same du- 
ties, and vested with the same powers, and entitled to the 
same rights, privileges and exemptions that other cngme 
men now by law are. 

[Approved by the Governor June 26, IS 12.1 ^ 



CHAP. LIXi 

An act in addition to an act, entitled *' an act to authorize 
Jonathan Wilson and others to build a bridr^e over the 
river Passagassawaukcag in the tov/n of Bcllast. 

13 E it enacted by the Senate and House of 
Representatives in General Court assemhied^ and by the au- 
thority of the same. That " the Proprietors of the East 
bridge, in Belfast" shall be allowed to demand and receive 
toll at the following rates, viz. for every curricle twenty i^^^*^'^ ^'f '^"^■■' 
five cents ; for every phaeton, or other four wheel pleasure 
carriage, on springs, drawn by two horses, thirty cents ; 
and for every stage coach, chariot, coach, or coachee, 
drawn by four horses, forty cents. 

[Approved by the Governor June 26, 1812.] 

.FINIS, 



COMMONWEALTH OF MASSACHUSETTS. 

By this I certify, that, in conformity to a resolve of tlic Leg- 
islature of the 16(h. of January, 1812, I have examined the 
printed copies of the laws contained in tliis pamphlet, and find, 
by comparing them with the original acts passed the Session, 
commencing the 26ih. of May, and ending the 27th. of June, 
1.812, that they are correct, excepting in the instances following. 
rix: Page 6. 15th. line from the top, for "direction," read 
discretion; page 12. 9th. line from the bottom, after *» judicial," 
read court ; page 13. 3th. line from the top, for *« 22" read 18 ; 
page 18, 2d. line from the bottom, dele " away ^" page 44. 2d. 
line from the top, for " or" read en ; Sth. line from the top, for 
** 23d."" read 22d. page 48. 7th. line from the bottom, dele *' cer- 
tain ;** page 59. 1st. line after " October" read next, 

MtesU ALDEN BRADFORD, f pretary oj th, 
August 28, 1812. 



(J 



LAWS 



COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT AT THE SESSIOK, 
COMMENCING ON THE 

f OURTEENTH, AND ENDING ON THE 24tU DAY OP OCTOBER, 

ONE THOUSAND EIGHT HUNDRED AND TfVELVE. 

CHAP. LX. 

An Act to incorporate Stephen Newell and others, by the 
name of The Sturbridge 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 Stephen Newell, John Plimp- 
ton, Eleazer Rider, Zenas L. Leonard, Moses Fisk, Jep- 
tha Plimpton, Comfort Freeman, Nathaniel Rider, Ziba ^^^p^^'^"' j^ 
Plimpton, Franklin Rider, and Moses Newell, together 
with such others as may hereafter associate with them, and 
their successors and assigns, be, and they are hereby made 
a Corporation, by the name of The Sturbridge Manufac- 
turing Company, for the purpose of manufacturing Wool 
and Cotton in the town of Sturbridge, in the county of 
Worcester ; and for this purpose shall have ail the powers 
and privileges, and shall also be subject to all the duties 
and requirements prescribed and contained in an act pass- 
ed the third day of March, eighteen hundred and nine, en- 
tided " An Act defining the general powers and duties of , 
Manufacturing Corporations." 



134 JONES' RIVER MAN. COMP. Oct. 20, 1812. 

Sec. 2. Be it further enacted^ That the said Corpora- 
tion, in their corporate capacity, may lawfully hold and 
Value of cs- possess such real estate, not exceeding fifty thousand dol- 
ute. \ats^ and personal estate, not exceeding- one hundred thou- 

sand dollars, as may be necessary and convenient for car- 
rying on the manufactory of Wool and Cotton, in their 
various branches, in said town of Sturbridge. 

[Approved by the Governor, Oct. 20, 1812.] 



CHAP. LXI. 

An Act to incorporate Joseph Holmes, Jun. and others, 
by the name of The Jones' River Manufacturing Com- 
pany. 

Sec. 1. XJE it enacted by the Senate and House of 

Hepresentatives in General Court assembled^ and by the 

authority of the same, That Joseph Holmes, Jun. Isaac 

Persons In- Bartlett, George Russell, Melzar Adams, Judah Wash- 

corporated. ^^^^^ j^^^^ j^^^^^ Richard F. Johnson, Robert M'Lauth- 

lin, Jun. Pelham Holmes, Lemuel Bryant, Ezra Weston 
and Son, Abishai Stetson, Joseph White, and Charles 
Holmes, together with such other persons as have, or may 
hereafter associate with them, their successors and assigns, 
be, and they hereby are made a Corporation, by the name 
of The Jones' River Manufacturing Company, for the pur- 
pose of manufacturing Cotton and Wool at Kingston, in 
the county of Plymouth, and for this purpose shall have 
all the powers and privileges, and be subject to all the du- 
ties and requirements contained in an act passed the third 
day of March, in the year of our Lord one tliousand 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 
Valucofes- the value of fifty thousand dollars, and such personal es- 
tate. i^Xt, not exceeding one hundred thousand dollars, as may 
be necessary and convenient for establishing and carrying 
on the manufacture of Cotton and Wool at Kingston 
aforesaid. 

[Approved by the Governor, Oct. 20, 1812.] 



HINGHAM.— MAGNESIA COMP. Oct. 23, 1812. 135 

CHAP. LXII. 

All Act incorporating certain persons by the name of The 
Hingham Woollen Manufactory. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
nuthority of the same. That Martin Lincoln, Samuel Nor- persons in* 
ton, both of Hingham, in the county of Plymouth, Thom- corporated. 
as Thaxter of Boston, in the count}^ of Suffolk, Joshua 
Thaxter, Benjamin Jones, David Andrews, Jun. Samuel 
Norton, Jun. Jerome Gushing, and Caleb Andrews, all of 
Hingham aforesaid, with such as have already associated, 
or may hereafter associate with them, their successors and 
assigns, be, and they hereby are made a Corporation, by 
the name of The Hingham Woollen Manufactory, for the 
purpose of manufacturing Woollen Cloths ; and for that 
purpose shall have all the powers and privileges, and be 
subject to all the duties and requirements contained in an 
act made and passed on the third day of March, in the 
year of our Lord one thousand eight hundred and nine, 
entitled " An Act, defining the general powers and duties 
of Manufacturing Corporations." 

Sec 2. Be it further enacted^ That the said Corpora- 
tion may be lawfully seized and possessed of such real 
estate as may be necessary and convenient for establishing Valueofes- 
and carrying on the said manufactory, and also of as large 
a personal estate as shall be actually employed therein : 
provided such real estate shall not exceed the value of 
twenty thousand dollars, and the personal estate one hun- 
dred thousand dollars. 

[Approved by the Governor, Oct. 23, 1812.J 



CHAP. Lxni. 

An Act to establish The Magnesia Company. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the pgj.gopg ;^, 
mithorityofthesamcy That DavidThacher, William Dunn, corporated. 



Value of e$- 



136 NAMES CHANGED. Oct. 24, 1812. 

Lothrop R. Thacher, and Benjamin Gorham, together with 
such other persons as may hereafter associate with them, 
their successors and assigns, be, and they are hereby made 
and constituted a body corporate and pohtic, by the namo 
of The Magnesia Company, for the purpose of manufact- 
uring Magnesia in this Commonweahh ; and for that pur- 
pose shall have all the powers and privileges, and shall 
also be subject to all the duties and requirements pre- 
scribed and contained in an act, entitled " An Act, defin- 
ing the general powers and duties of Manufacturing Cor- 
porations," passed the third day of March, eighteen hun- 
dred and nine. 

Sec. 2. Be it further enacted^ That the said Corpora- 
tion shall and may lawfuU) hold and possess such real es- 
tate, not exceeding thirty thousand dollars, and personal 
tKte^ "' "' estate not exceeding two hundred thousand dollars, as may 
be necessary and convenient for carrying on the aforesaid 
manufactory. 

[Approved by the Governor, Oct. 23, 1812.] 



, CHAP. LXIV. 

An Act to change the names of certain persons thereia 
mentioned. 

XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority oj the same. That Ebenezer Stoddard of Salem, 
Names \^ jj^e county of Essex, trader, shall be allowed to take 
" the name of William Couilliird Stoddard; and that Moses 
Smith Fox of Williamsburg, in the county of Hampshire, 
yeoman, shall be allowed to take the nanie of Augustine 
Washington Fox ; and the said persons, from the time of 
the passing this act, shall be called and known by the 
names which by this act they are severally allowed to take 
as aforesaid, and the same shall be considered as their onk* 
proper and legal names. 

* [Approved by the Governor, Oct. 24, 1812.] 



MAINE FACT.—CHAPEL SOC. Oct. 24, 1812. 137 



CHx\P. LXV. 

An Act to incorporate The Maine Cotton and Woollen 
Factory Company. 

Sec. 1. Xj'E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Jonathan Page, Robert East- 
tncnn^ Samuel Page, James Jones, Daniel Stone, Nahum co^por^ated" 
Houghton, David C. Magoon, and John B. Svvanton, to- 
gether with such others as have, or may hereafter associ- 
ate with them, their successors and assigns, be, and they 
are hereby made a Corporation, by the name of The Maine 
Cotton and Woollen Factory Company, for the purpose of 
manufacturing Cotton and Wool in the town of Bruns- 
wick, county of Cumberland, and for the purpose afore- 
said shall have all the powers and privileges, and be subject 
to all the duties and requirements contained in an act pass- 
ed the third day of March, in the year of our Lord one 
thousand eight hundred and nine, entitled " An Act, de- 
fining the general powers and duties of Manufacturing 
Corporations." 

Sec 2. Be it further enacted^ That said Corporation 
may be lawfully seized and possessed of such real estate, 
not exceeding the value of fifty thousand dollars, and such 
personal estate not exceeding one hundred and fifty thou- 
sand dollars, as may be necessary and convenient for car- 
rying on the manufactory of Cotton and Wool in said town 
of Brunswick. 

[Approved by the Governor, Oct. 24, 1812.] 



Value of es^ 
tate. 



CHAP. LXVI. 

An Act to incorporate The Chapel Congregational Society 

in Portland. 



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 Jewett, Samuel Emery, Persons in, 
Joseph D. Learned, William M'Lellan, Jun. their associ- '=°^P°'-^^"^- 
ates and successors, be, and they are hereby incorpjoratcd 



138 CHAPEL SOCIETY. Oct. 24, 1812. 

and made a body politic and religious society, by the name 
of The Chapel Congregational Society in Portland ; and 
by that name may sue and be sued, and shall have and be 
invested with all the powers, privileges, and immunities 
to which other religious Corporations in this Comnion- 
wealth are entitled by law, and shall be capable of pur- 
chasing and holding estate, real or personal, to any amount ; 
the annual income of which shall not exceed five thousand 
dollars, exclusive of their Meeting-house and the land 
whereon the same may stand. 

Sec 2. Be it further enacted^ That the said Society be, 
Society how ^"^ ^^^^ ^^^ hereby authorized and empowered to raise, 
authorized from time to time, by a tax upon the pews in their said 
to raise mo- Mceting-house, or upon the polls of the male members 
^* thereof, being twenty-one years of age, or both, as said 

Society may think proper, such sum or sums of money, 
for the building or repairing their Meeting-house, settling 
and maintaining a minister, and defraying all other expen- 
ses of public worship, with incidental charges as they may 
agree upon. And when any tax as aforesaid shall be as- 
sessed upon the pews, the Society shall cause a valuation 
thereof to be made by the assessors of the Society, so often 
as the Society may think proper. And the said Assessors 
shall number and appraise the pews respectively, according 
to their situation and rank ; and shall make a list of such 
valuation, and shall assess and apportion the sums voted 
to be raised by said Society upon said pews, according to 
the last valuation thereof as aforesaid, and shall deliver an 
attested copy of the same to the clerk of the society, who 
shall make and keep a record thereof, for the use and in- 
spection of said society. And the said assessors shall also 
assess and apportion all other taxes voted to be raised by 
said Society, and deliver a copy thereof to the said clerk, 
to be recorded as aforesaid. 

Sec 3. Be it further enacted, That whenever any own- 
er or occupier of any pew in said meeting house shall ne- 
Penaity f«r glect, or refusc to pay the tax or taxes assessed upon their 
negiectingto pew or pcws, the Collector of any such tax, to whom, the 
pay taxes. ^^^^ -^ committed, shall have power, and he is hereby 
fully authorised to demand and receive the same of any 
such owner or occupant tliercof ; and if payment of such 
tax is neglected to be made for thirty days after no- 
tice given, and demand made by any such Collector as 



CHAPEL SOCIETY. Oct. 24, 1812. 139 

aforesaid, of the owners or occupants when known, and 
living in said town, or by an advertisement printed in one 
of the public Newspapers published in said town, or post- 
ed upon the door of said meeting-house, when the owners 
or occupants are unknown, or not living in said town, (of 
all which the Collector's oath shall be sufficient evidence ;) Manner of 
such Collector shall have power to sell such pew or pews seiiingpews. 
at public vendue to the highest bidder — notice being given 
of the time and place of sale in manner as aforesaid, and of 
the pew or pews to be sold, and the number of the same, 
four days at least before the time of such sale, and after 
the expiration of said thirty days. And such Collector 
shall have power, if he see fit, to adjourn such sale from 
time to time, not exceeding three times, nor beyond thirty 
daj's from the first day of sale : and shall also make and collector to 
execute a deed of every such pew thus sold, which deed ™^'^^^"'l 

J * execute 3. 

shall be recorded in the town Clerk's office, and also by deed, 
the clerk of said society. And such deeds shall completely 
vest all such owners interested in such pew or pews in the 
purchaser, together with the lands thereunto attached in 
said society ; and the overplus, if any, when the tax or 
taxes are deducted, and all the legal costs of sale, shall be 
immediately paid over to the owner. 

Sec 4. Be it further enacted^ That the Collectors of Coliectorto 
said society shall receive suitable warrants for the collec- receive war- 
tion of any such tax from the Assessors, and shall have the 
same powers to collect the taxes of said society, as Col- 
lectors of town taxes have by law ; and shall observe the 
same directions in collecting and paying over the money 
as town Collectors are bound to observe. 

Sec 5. Be it further enacted, 'I'hat all persons belong- 
ing to said society, who usually attend public worship in , .. 
the same, and who have been taxed therein, shall, for all 
religious purposes, be considered as members of said So- 
ciety, and eiititled to vote at any meeting of the same, ex- 
cept when the property of the Society is involved. And 
in ever}' other question which involves the property of 
said Society, no person shall be considered a legal voter, 
but actual proprietors, or their agents, legally authorized. 
And the proprietor or proprietors of each pG-w in said 
house shall be entitled to one vote for each pew upon all 
such questions. 
T 



I 



Society. 



140 BRUNSWICK UNI. SOCIETY. Oct. 24, 1812. 

' Sec. 6. ^<? it further enacted, That when any member 

oi said Society shall wish to w.thdraw from the same, he 

Manner of shall leave a written notification of such intention with the 

soril'tf ^^^ clerk of said Society, which shall exempt such member 

from paying any poll tax in said Society which may be 

assessed after the leaving such notification ; but shall not 

exempt such member from paying any such tax previously 

assessed. And the Society may sue for and recover the 

same, in like manner as other taxes are recoverable by law. 

Sec 7. Be it further enacted. That all the acts and 

/ doings of said socieiy, previous to the passing ot this act, 

be, and the same are hereby rendered valid and binding in 

law upon the members thereot in their corporate capacity. 

[Approved by the Governor, Oct. 24, 1812.] 



CHAP. LXVII. 

An Act to incorporate The First Universal Christian So- 
ciety m Brunswick!. 

Sec 1. J3E it enacted by the Senate and House of 
Representatives ui General Court assembled, and by the 
authority of the same. That Lemuel Swift, James Jones, 
* Jonathan Eastman, John Lee, James R. Hammon, Charles 

Stetson, James Cary, Joseph Combs, Samuel Page, Roger 
or^^ried"' Merrill, Robert Eastman, Harvey Stetson, Burt Towns- 
c rpora e . j^^^^^^ James Merrill, John Marston, Samuel S. Cummins, 
Abner Pratt, Stephen Lee, John Bearing, Jabez Perkins, 
Joseph Kimball, Elijah Hall, Edmund Pray, Johi\ Field, 
Edward Raymond, Edmund Mountfort, Samuel S. Cum- 
mins, Nathaniel Badger, Benjamin Wells, Joseph Dunlap, 
Johnson Hall, Samuel Anderson, Joseph Lee, E. H. Goss, 
with their families and estates, together with such others 
as may hereafter associate with them or their successors, 
be, and they hereby are incorporated into a religious So- 
ciety, by the name of The First Universal Christian Soci- 
ety in Brunswick, with all the powers, privileges, and im- 
munities, and subject to all the duties to which other par- 
ishes or religious Societies are entitled or subjected, by 
the Constitution and laws of this Commonwealth. 



CHRISTIAN MON. SOCIETY. Oct. 24, 1812. 141 

Sec. 2. Be it further enacted. That any Justice of the 
Peace in the county of Cumberland, be, and hereby is 
authorized to issue his warrant, directed to some suitable justice to is- 
person who is a member of said Universalist Society, re- ^'^^ vvarrant. 
quning him to warn and notify the members thereof to 
meet at such time and place in said town of Brunswick as 
shall be directed in said warrant, to choose such officers 
as parishes and other religious Societies in this Common- 
wealth are by law authorized to choose in the month of 
March or April annually. 

[Approved by the Governor, Oct. 24, 1812.] 



CHAP. LXVIH. 

An Act amendatory of an act, entitled, "An act to incor- 
porate The Christian Monitor Society." 



W, 



HEREAS the name given to the Corpo- 
ration created by the act entitled, "An act to incorporate 
The Christian Monitor Society," is not the name intended Preambre-, 
by the persons thereby incorporated, and they having in 
their corporate capacity, petitioned that the said name be 
altered : therefore, 

BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That so much of the said act as gives the cor- 
poration, thereby created. The name of the Christian Mon- ^^°»® *^^r- 
itor Society be, and the same is hereby repealed ; and 
that the said corporation be henceforth known by the 
name of The Society for Promoting Christian Knowledge, 
Piety and Charity. 

[Approved by the Governor, Oct, 24, 1812.] 



142 AMERICAN ANTIQ. SOCIETY. Oct. 24, 1812- 



CHAP. LXIX. 

An Act to incorporate The American Antiquarian Society. 



Preambl«. 



Persons In- 



I] ERE AS the collection and preservation 
of the antiquities of our country, and of curious and val- 
uable productions in art and nature, have a tendency to 
enlarge the sphere of human knowledge, aid the progress 
of science, perpetuate the history of moral and political 
events, and to improve and interest posterity : therefore, 
Sec. ] . BE it enacted by the Senate and House of Repre- 
sentatives in General Court assembled., and by the authority 
of the same., That Isaiah Thomas, Levi Lincoln, Harrison 
G. Otis, Timothy Bigelow, Nathaniel Paine, and Edward 
Bangs, Esqrs. John T. Kirkland, D. D. Aaron Bancroft, 
D. D. Jonathan H. Lyman, Elijah H. Mills, Elishci Ham- 

corporated. niond, Timothy Williams, William D. Peck, John Lowell, 
. Edmund Dwight, Eleazer James, Josiah Quincy, William 
S. Shaw, Francis Blake, Levi Lincoln, Jim. Samuel M. 
Burnside, and Benjamin Russell, Esqrs. Rev. Thaddeus 
M. Harris, Redford W^ebster, Thomas Walcutt, Ebene- 
zer T. Andrews, Isaiah Thomas, jun. W illiam Wells, 
and such others as may associate with them for the pur- 
poses aforesaid, be, and hereby are formed into, and 
constituted a society and body politic and corporate, by 
the name of The American Antiquarian Society, and that 
they and their successors, and such other personsas shall be 
legally elected b\ them, shall be, and continue a body 
politic and corporate, by that name forever. 

Sec 2. Be it further enacted.. That the members of 
said Society shall have power to elect a President, Vice 
Presidents, and such other officers as they may determine 
to be necessary, and that the said Society shall have one 
common seal, and the same may break, change and re- 
new, at pleasure, and that the same Society, by the name 
aforesaid, as a body politic and corporate, may sue and 
be sued, prosecute and defend suits to final judgment and 
execution. 

Sec 3. Be it further enacted ^ That the said Society 
shall have power to make orders and by-laws for govern- 

StSws!''* "'S ^^s members and property, not repugnant to the laws 



Members 
iii*v elect 
officers. 



HAMPSHIRE DIVIDED. Oct. 24, 1812. 143 

of this Commonwealth, and may expel, disfranchise or 
suspend any member, who by misconduct shall be ren- 
dered unworthy. 

Sec. 4. Be it further enacted^ That the said Society 
may, from time to time, establish rules for electing offi- 
cers and members, and also times and places for holding j^^v hold 
meetings, and shall be capable to take and hold real or estate, 
personal estate, by gift, grant, devise or otherwise, and the 
same or any part thereof, to alien and convey, provided 
that the annual income of any real estate, by said Society 
holden, shall never exceed the sum of fifteen hundred 
dollars, and that the personal estate thereof, exclusive of 
books, papers and articles in the museum of said Society, 
shall never exceed the value of seven thousand dollars. 

Sec. 5. Be it further enacted^ That said Society may 
elect honorary members, residing in and without the limits 
of this Commonwealth, and that Isaiah Thomas, Esq. be. May call 
and hereby is authorised and empowered to notify and "^^eting. 
warn the first meeting of said Society, and that the said 
Society, when met, shall agree upon a method for calling 
future meetings, and have power to adjourn from time to 
time, as may be found necessary. 

Sec 6. Be it further enacted^ That the library and 
museum of said Society shall be kept in the town of Museum, 
Worcester, in the county of Worcester. where kept. 

[Approved by the Governor, Oct. 24, 1812.] 



CHAP. LXX. 

An Act in addition to an act, entitled, "An act for divid- 
ing the county of Hampshire, and erecting and forming 
the Southerly part thereof into a separate county, by the 
name of Hampden." 

XJE it enacted by the Senate and House of 

Representatives in General Court assembled, and by the j.jgt „ 

authority of the same, That the respective Justices of the thoiisedto 
Peace for the county of Hampshire, who, upon the divis- 
ion of said county, resided in the county of Hampden, be, 
and they hereby are authorised to issue execution on all 
judgments and recog^nizances recovered or t-aken before 



issue 

execntiin. 



144 WILTON SCHOOL FUND. OcU 24, 1812. 

them respectively, and to do and finish all matters and 
things commenced by them respectively, in their official 
capacity, before the act to which this is m addition took 
effect, in the same manner as they mig-ht have done, if the 
said county of Hampden had not beer, creeled. 

[Approved by the Governor, Oct. 24, 1812.] 



CHAP. LXXL 

An Act to incorporate Silas Gould and others, by the 
name of The Trustees of the School Fund in Wilton, 
in the county ot Kennebeck. 

Sec 1. JDE it enacted by the Senate and House of 
Representatives in General ' curt assembled^ and bif the 
authority of the same^ That Siias Gould, Samuti Butter- 

Persons in- field, Micajah Covell, Isaac Butterfitld, Jun. Gideon 

corpora e . pQ^y^^-g^ Isaac Hathaway, and Nathan Wing, all of said 
Wilton, be, and they are hereby appointed Trustees to 
sell the School lands in said town of Wilton, and to put 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 hereby are incorporated, by the name of The 

corporated. T^ ''"stees of the School Fund in Wilton, and they and 
their successors shall be, and continue a body corporate 
and politic, by that name forever ; and they shall have a 
common seal, subject to alteration, at their pleasure, and 
they may sue and be sued, in all actions whatsoever, and 
prosecute and defend the same to linal judgment and ex- 
ecution, by their corporate name aforesaid. 

Sec 3. Be it further enacted, That the said Trustees 
May elect and their successors shall annually elect by written ballot, 

officers. ^ President and a Clerk, to record the doings of said 
Trustees, at their meetings, which Clerk shall be sworn 
by the President, to the faithful discharge of the duties of 
his office, also a Treasurer, to receive and apply the mon- 
ies hereinafter mentioned, as hereinafter directed ; and the 
said Trustees m-iy also elect in any other manner, at any 
legal meeting, any otlier officers needful for the better 
managing their business. 



WILTON SCHOOL FUND. Oct, 24, 1812. 145 

Sec. 4. Be it fnrthtr enacted^ That the number of 
Trustees shall not, ui any one time, be less than five, nor Tiuste«s, 
more than seven, any five of their number to constitute a [-mited. 
quorum for transacting business ; and they shall and may, 
from time to time, fill up from the inhabitants of said 
town, such vacancies in their number as may happen by 
death, resignation or otherwise ; and they shall have power 
to remove any of their number, v^'ho may become unfit, 
from age, infirmity or misconduct, to discharge their 
duties, and to supply the vacancies so made, by a new 
cl'oice as aforesaid. And the said Trustees shall annually 
hold a meeting in March or April, and as much oftener 
as may be necessary to transact their business ; which 
iTieetings, after the first, shall be called in such way and 
manner, as the Trustees may hereafter direct. 

Sec 5. Be it further enacted. That any Justice of the 
Peace, in the county of Kcnnebeck, be, and he hereby is Jastice au- 
authorised to fix the time and place for holding^ the first ^•'^'■'^ed. 
meeting of said Tiusiees, and to notify each Trustee of 
the same, seven days at least before the time of said meet- 
•ing. 

Sec 6. Be it further enacted^ That said Trustees be, ' 
and they hereby are authorised to sell and convey, in fee Trustees au- 
siniple, all the school lands belonging to said town, and t^^^^sed. 
to make, and execute a good and sufficient deed or deeds 
thereof, which deed or deeds, being signed, acknowledg- 
ed and delivered by the Treasurer, by direction of the 
Trustees, with their seal afiixed thereto, shall be good and 
effectual in law, to pass and convey the fee simple from 
said town to the purchaser, to ail intents whatever. 

Sec 7. Be it further enacted^ That the monies arising 
from the sale of said lands, together with all donations or Monies, llo^v 
grants that may hereafter be made to said Corporation for dispased. 
the use of schools in said town, shall be put to use as soon 
as may be, and secured by mortgage of real estate to the 
full value of the estate sold, or money loaned, or by two or 
more sufficient sureties with the principal, or the said 
Trustees may invest the same, in some public securities, 
or in bank stock. 

Sec 8. Be it further enacted. That the interest and ^'^^^'^I'est.how 
profits arising from said funds shall be annually appro- aSr^"' 
priated for the use of public schools in said towns, and it 



146 WALTHAM FACTORY. Oct. 24, 1812. 



shall never be in the j)ower of said toun to alter, vary or 
alienate the appropriation of said fund. 

Sec,. 9. Be it further enacted, That the Treasurer of 
Treasurerto thc Trustees shall give bond, with two sufficient bonds- 
give bond, rnen, to the Trustees, faithfully to perform his duty, and 
shall at all times be responsible for the faithful application 
and appropriation 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 
said office. 

Sec. 10. Be it jurther enacted. That the Trustees and 
their officers, for the services they may perform, shall 
receive no compensation out of the funds, interest or 
profits aforesaid ; but a reasonable compensation for their 
services shall be paid to them by said town. 

Sec. 11. Be it further enacted. That at every annual 
meeting of said town, in March or April, the Trustees 
shall exhibit to the town a fair and true statement of their 
doings. 

Sec. 12. Be it further enacted, That the said Trustees 
Trustees ^"^^ ^'"^^^^ °^ them shall be responsible to the town, for 
responsible, their personal negligence or misconduct, whether they be 
officers or not ; the damage or loss arising thereby, to be 
recovered by action, at the suit of the town, in any Court 
proper to try the same, and the sum so recovered, to enure 
and be for the use aforesaid. 

[Approved by the Governor, Oct. 24, 18 12. J 



CHAP. LXXII. 

An Act to incorporate The Waltham Cotton and Wool 
Factory Company 



Sec. 1. XiE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Samuel Coverly, John Hol- 
Gorporated. land, and Enoch VViswall, together with such others as 
may hereafter associate with them, their successors or 
assigns, be, and are hereby made a Corporation, by the 
name of The VVallham Cotton and Wool Factory Compa- 



EDGARTON. Oct, 24, 1812. 147 

ny, for the purpose of manufacturing cotton and woollen 
^oods, in the town of Walthanj, in the county of Middle- 
sex ; and for tmit purpose shall have all the powers and 
privileges, and be subject to all the duties and require- 
ments contained in an act passed the third day of March, 
in the year of our Lord, eighteen hundred and nine, en- 
titled, "An act defining the general powers and duties of 
manufacturing Corporations." 

Sec 2. Beit further enacted. That said Corporation ,, , ,, 

IIP II -IP II T May hold 

may be lavvtully seized or such real estate not exceedmg i-eai estate 
the value of one hundred and fifty thousand dollars, and 
possessed of such personal estate, not exceeding the value 
of three hundred thousand dollars, as may be necessary 
and convenient for the carrying on the manufacture of 
cotton and woollen goods in said town of Waltham. 
[Approved by the Governor, Oct. 24, 1812.] 



CHAP. LXXIII. 

An Act to prevent damage being done by cattle, horses, 
and sheep, on the South beach and meadow, in the 
town of Kdgarton, in the county of Duke's county. 

Sec. 1. J3E zY enacted by the Senate and House of 
liepresentatrves in General Court assembled, and by the 
authority of the same. That from and after the passing of ^^^at cattle 
this act, if any person or persons, shall turn out, or suffer pel,aity for' 
to go at large, any of his or their neat cattle or horses, on j^oing at 
any part of the south beach or meadow, in the town of '*''^®' 
Edgarton, in the county of Duke's county, he or they 
shall forfeit and pay one dollar lor each horse, and fifty 
cents for each neat beast, thus turned out or suffered to 
go at large on said beach, or meadow ; to be recovered, 
with costs of suits, by any one of the proprietors of said 
beach or meadow, who shall sue for the same, in any 
Court proper to try such cause, to the use of said propri- 
etors. 

Sec 2. Be it further enacted. That from and after the 
passing of this act, if any person or persons shall turn out sheep,penai 
or suffer to go at large, any of his or their sheep, on any l^ large!"'"^ 
U ^ 



148 EDGARTON. Oct, 24, 1812. 

part of sdid beach or meadow, between tlie first clay of 
April and the first day of December, he or they shall for- 
feit and pay ten cents for each sheep, thus turned out or 
suffered to go at large, on said beach or meadow, to be 
recovered in manner, and to the use aforesaid. 

[Approved by the Governor, Oct. 24, I8I2.3 



T.ND OF OCTOBER SESSlONj 181J. 



LAWS 



COMMONIFEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT AT THE SES^ON, 
COMMENCING ON TH« 

2rth DAY OF JANUARY AND ENDING ON THE 2rth DAY OF FEBRUARY, 
ONE THOUSAND EIGHT HUNDRED AND TUIRTEBK. 

CHAP. LXXIV. 

An Act in further addition to an act, eatitled, "An act to 
incorporate the persons herein named into a Company 
by the name of The Broad- street Association, in the 
town of Boston," 



B] 



*E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That an act, entitled, ''An act to 
incorporate the persons herein named into a Company by Act continu- 
the name of The Broad street Association, in the town of^^- 
Boston," shall be, and the same is hereby continued in 
force, until the first day of March, in the year of our Lord, 
one thousand, eight hundred and fourteen, for the pur- 
pose of enabling said Corporation to sell their esuvte and 
close their concerns. 

[Approved by the Governor, Feb. 5, 1813. 



150 FRAMINGHAM MAN. COMP. Feb. 6, 1813. 



CHAP. LXXV. 

An Act to incorporate the Framingham Manufacturing 

Company. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the satne. That Calvin Sanger, Aaron Leiand, 
Joseph Sanger, Leonard Dearth, Benjamin Wheeler, 
Persons In- LuthcF Belknap, Hopstill Leland, jun, Comfort Walker, 
corporated. ]y[oses Adams, Lewis W^heeler, Micah Adams, Joseph 
Lovell Richardson, Phillips Ciark, and Elias W^hiting, 
together with such others as may hereafter associate wiih 
them, their successors and assigns, be, and they hereby 
are made a Corporation, by the name of the Framingham 
Manufacturing Company, for the purpose of manufactur- 
ing wool and cotton, in the town of Framingham, in the 
county of Middlesex ; and for those purposes shall have 
all the powers and privileges, and be subject to all the 
duties and requirements prescribed and contained in an 
act, entitled, *'An act defining the general powers and 
duties of manufacturing Corporations," passed the thii*d 
day of March, eighteen hundred and nine. 

Sec. 2. Be it further enacted^ That said Corporation, 
in their corporate capacity, shall, and may lawfully hold 
and possess such real estate, not exceeding in value, thirty 
Value of thousand dollars, and personal estate, not exceeding fifty 
estate. thousand dollars, as may be necessary and convenient for 

carrying on said manufactures in their various branches 
as aforesaid. 

[Approved by the Governor, Feb. 6, 1813.] 



CHAP. LXXVL 
An Act to alter the name of Joshua Gee Whittemore, Jun, 

XJE it enacted by the Senate and House of 
Represejitatives in General Court assembled^ and by the 
authority of the same^ That from and after the passing of 
this act, Joshua Gee Whittemore, jinn, of Gloucester., in 



FALLS MAN. COMPANY. Feb, 13, 1813. 151 

the county of Essex, mariner, shall be allowed to take the 

name of Harvev C. Mackay, and he shall in future be 

called and known by the said name ; and the said name Name alter- 

shall forever hereafter be considered as his only proper ^^' 

and legal name, to all intents and purposes. 

[Approved by the Governor, Feb. 13, 1813.] 



CHAP. LXXVIL 

An Act to establish the Falls Cotton Manufacturing 

Company. 

Sec. 1. -OE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same^ That William Biackinton, John 
Cheever, Asa Read, Lemuel May, Edward Richards, jun. Persons in- 
Artemas Stanley, and Woodward Stanley, toj^ether with coi^porated, 
such others as have associated, or may hereafter join and 
associate with them, their successors and assigns, be, and 
hereby are made a Corporation, by tlie nam.e of the Falls 
Cotton Manufacturing Company, for the purpose of manu- 
facturins: cotton and wool, in the town of Attleborousrh, 
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 " defining the 
general powers and duties of manufacturing Corporations," 
passed the third day of March, one thousand, eight hun- 
dred and nine. 

Sec 2. Be it further enacted^ That the said Corpora- 
tion may lawfully hold and possess such real estate, not];^fayh^d 
exceeding the value of fifty thousand dollars, and personal estate. 
estate, not exceeding the value of one hundred thousand 
dollars, as may be convenient and necessary for carryini*' 
on the manufacture of cotton and wool, in the said town 
©f Attleborough. 

[Approved by the Governor, Feb. 13, 1813.] 



15Q 



READFIELD FACTORY 



Fed. 13, 1813. 



CHAP. LXXVIII. 

An Act to establish a Cotton and Wool Factory Company 
in the town of Readfield. 



Sec. 1, X^E it enacted by the Senate and House of 
Jtepresentatives in General Court assembled, and by the 
authority of the same. That Robert Page, Luther Sanfpson, 
Persons In- Daniel Campbell, John Hubbard, Joel Bean, Jere Page, 
corporated. j^^j,^, Bacon, David Wheelock, Aaron VVinslovv, Joshua 
Packard, Peter Norton, John Smith, and Jonathan G. 
Thurston, together with such others as may Ivereafter as- 
sociate with them, and their successors and assigns, be* 
and they hereby are made a Corporation by the name of 
The Readfield Cotton and Wool Factory Company for the 
purpose of manufacturing cotton and wool, in the said 
town of Readfield, in the county of Kennebeck ; and for 
this 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 powers and duties of man- 
ufacturing Corporations," passed the third day of March, 
eighteen hundred and nine. 

Sec 2. Be it further enacted. That the said Corpora- 
tion shall, and may lawfully hold and possess real estate, 
not exceeding thirty thousand dollars, and personal estate, 
not exceeding one hundred thousand dollars, for carrying 
on the manufacture of cotton and wool in the said town of 
Readfield. 

[Approved by the Governor, Feb. 13, 1813.] 



May hold 
estate. 



CHAP. LXXIX. 

An Act to incorporate The Oxford Cotton and Wool 
Factory Company. 

Sec. 1. iJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Enoch Adam;^, James Wells, 
P^zekiel Merrill, Moses Burtlett, Samuel Poor, Enos 



AMESBURY FACTORY. Feb, 16, 1813. iSS 

Abbot, Nathan Adams, Nathan Adams, jiin. Phineas persons in- 
Hovvard, Samuel Kimball, Stephen Bartlett, Paul Powers, corporate^. 
Ebenezer Bartlett, David Bui bank, and Elijah Bardett, 
together with such others as may hereafter associate with 
them, their successors and assigns, be, and they are here- 
by made a Corporation by the name of The Oxford Cot- 
ton and hVool Factory Company, for the purpose of man- 
ufacturing cotton and wool in either of the towns of Bethel 
or Rumford, in the county of Oxford ; 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 " 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- value of 
lion shall, and may hold and possess real estate, not ex- estate, 
ceeding six thousand dollars, and personal estate, not 
exceeding forty thousand dollars, as miiy be necessary and 
convenient for carrying on the manufactory of cotton and 
wool in their various branches, in said county. 

[Approved by the Governor, Feb. 16, 18 13. J 



CHAP. LXXX. 

An Act to incorporate The Amesbury M^ool and Cotton 
Manufacturing Company. 



Sec 1. -13 E it enacted by the Senate and House of 
liepresentatives in General Court assembled^ and by the 
authority of the same, That Paul Moody, Ezra VVorthen, 
Thomas Boardman, and Samuel Wigglesworth, and their cItv>Iv&\c^ 
associates, together with such others as may hereafter 
associate with them, and their successors, be, and they 
are hereby made a Corporation by the name of The 
Amesbury Wool and Cotton Manufacturing Company, 
for the purpose of manufacturing wool and cotton in the 
town of Amesbury ; and for this purpose shall have all the 
powers and privileges, and be subject to all the duties and ' 
requirements prescribed and contained in an act, entitled, 
*'An ct defining the general powers and duties of manu- 
facturing Corporations," passed the third day of March, 
one thousand eight hundred and nine. 



134 



THOMAS MILES. 



Feb. 16, 1813. 



Sec. 2. Be it further enacted^ That said Corporation 
may be lawfully seized and possessed of such real estate, 
Value of not exceeding the value of fifty thousand dollars, and ;;uch 
estate. personal estate, not exceeding the value of ore hundred 

thousand dollars, as may be necessary and convenient for 
the carrying on the manufacture of wool and cotton in 
said town of Amesbury. 

[Approved by the Governor, Feb. 16, 1813.] 



CHAP. LXXXI. 
An Act to set off Thomas Miles and his estate from the 



town of Fitchburg. 



Bi 



*E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same^ That Thomas Miles of Fitchburg, 
Thomas i" ^^^^ county of Worcester, with his estate, within the 
Miles. bounds herein described, viz. beginning at the south- 

westerly corner of said Miles' farm, at a stake and stones 
on Westminster line, thence south eighty degrees east, 
one hundred and thirteen rods to a stake and stones, 
thence north eight degrees east, one hundred and thirty- 
three rods to a bunch of maples marked on the river bank, 
thence up the river one hundred eighteen rods to a stake 
and stones at the edge of the meadow, near said river, by 
said Westminster line, be set from the said town of Fitch- 
burg, and annexed to the town of Wes<^.minster, there to 
Proviso, do duty and receive privileges. Provided however^ that 
the said Thomas Miles be holden to pay all taxes legally 
assessed upon him by the said town of Fitchburg, before 
the passing of this act. 

[Approved by the Governor, Feb. 16, 1813.] 



CHESTERVILLE AND VIENNA. Feb. 16, 1813. 155 



CHAP. LXXXII. 

An Act to alter and establish the line between the towns 
of Chestervilie and Vienna, in die county of Kennebeck. 

J3E it enact d by the Senate and House qf 
Representatives in General Court assembled, and by the 
authority of the same. That the line between the towns 
of Chestervilie and Vienna shall in future be established Linees^ 
by the followin,^ described lines, viz. beginnin| on Gun- t^b^is^i^d. 
dy's Stream (so called) at the north-west coiuer of lot 
number nineteen, commowly called the Bachelder Lot, at 
a large monument of stones diere to be erected, thence to 
run to Perry's Pond, (so called) at another large monu- 
ment of stones there to be erected; thence southerly, 
down the said pond, to the north-west corner of lot n um- 
ber twenty-three, where a large monument of atones shall 
be erected ; thence on the westerly side line of said lot 
numbered twenty-three to the south-west corner of said 
lot, to another monument of stones there to be erected ; 
thence south-easterly on the range line to Parker's Pond, 
(so called) at another monument of stones there to be 
erected, at which place the line between the said towns 
terminates. 

[Approved by the Governor, Feb. 16, 1813.] 



CHAP. LXXXIII. 

An Act in addition to an act, entitled, "An act for divid- 
ing the county of Berkshire into three districts, for the 
purpose of choosing Registers of Deeds in the said 
districts." 

JLjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the town of Otis, in the south Berkshii 
Registry of deeds district, in the county of Berkshire, be distiicted, 
annexed to the district composed of the towns of Lenox, 
Pittsfield, Richmond, Stockbridge, Lee, Tyringham, 
W 



15^ FISH IN MERIMAC RIVER. Feb. 16. 18 3. 

Becket, Washington, and Partridgeficld ; and that all deeds 
and other conveyances of lands situate in the said town of 
Otis, from and after the first day of March next, shall be 
recorded in the Registry of deeds at Lenox, instead of 
Great Harrington, in the sonth district, any law, usage or 
custom, to the contrary notwithstanding. 

[Approved by the Governor, Feb. 16, 1813.] 



CHAP. LXXXIV. 

An Act in further addition to, and amendment of an act, 
entitled, "An act in addition to an act, passed the fourth 
day of March, one thousand seven hundred and ninety, 
entitled, an act to regulate the catching of salmon, shad 
and alewives, and to prevent obstructions in Merimac 
river, and in the other streams running into the same, 
within this Commonwealth." 



B 



Mcnmac 



►E it enacted by the Se?iafe a?id House of 
JRepresejitatwes in General Court assembled^ and by the 
authority of the same, That the act aforesaid to which this 
is in addition, passed the twenty-seventh day of March, 
Seventeen hundred and ninety. three, which prohibits the 
taking of any fish, " within fifty rods below, or twenty 
rods above the mouth of any river or stream in the town 
^sheries."" of Andover, emptying into Merimac river," be so amend- 
ed, as that any person or persons may hereafter, with the 
consent of the proprietors of the soil, or having otherwise 
the right of fishing thereon, draw any seine for catching 
shad and salmon in Merimac tiver, at any place between 
fifty and twenty-five rods below the mouth of Shau sheen 
river, and betvv^een twenty and ten rods above the mouth 
of Cocheco brook, in the town of Andover, any thing in 
the act aforesaid, to the contrary notwithstanding. 
[Approved by the Governor, Feb. 16 ,1813,] 



EXCISE ACTS^. Feb. 16, 1813. 157 

CHAP. LXXXV. 

An Act to annex tlie township numbered four in the 
fourth range, north of the Waldo Patent, to the county 
of Somerset. 



B 



'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 four 
in the fourth range of Townships, north of the Waldo Towishij> 
Patent, which lies partly in the county of Somerset, and |""exed^to 
partly in the county of Hancock, be, and hereby is de- 
clared to be wholly within the county of Somerset. 
[Approved by the Governor, Feb. 16, 1813.] 



CHAP. LXXXVI. 

An Act in addition to an act, entitled, "An act to repeal 
all the existing Excise Acts, and to provide for the 
expenses of justice in the several counties." 



Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That so much of the fourth Section 
of the act, to v/hich this act is in addition, as requires that 
any person proposed to be admitted as an Attorney in the 
Court of Common Pleas in any county, shall produce the 
certificate of the Treasurer of the county, that he has paid 
him twenty dollars before he shall have the oaths admin- ^j^ repeai- 
istered to him, shall be, and the same is hereby repealed. 

Sec 2. Be it further enacted^ That any person who, 
after the passing of this act, shall be proposed to be 
admitted r.s an attorney in any Circuit Court of Common 
Pleas, within this Commonwealth, shall not have the oaths 
administered to him until he shall produce the certificate Shall proj 
of the Treasurer of the county wherein the said Circuit ^^^^ ^cqy. 
Court may then be in session, that he hath paid to him 
twenty dollars for the use of the said county, to be appro- 
priated as the said law directs. 

[Approved by the Governor, Feb. 16. 1813.] 



158 WINSLOW AND FAIRFAX. X^eL 23, 181S. 



CHAP. LXXXVII. 

An Act to set off pan of the towns of Winslow and Fair- 
fax, and annex the same to the town of Harlem. 

Sec. !• XjE It enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the saTue, That so much of the following lots 
of land as the same are numbered in the town of Harlem, 
and lying within the towns of Wmslovv, and Fairfax, viz. 
so much of lot number twenty-four as is lying within the 
* town of Winslow, and so much of lots number eleven, 
Setoff, twenty-five and eighty-five, as are lying within the town 
of Fairfax, be, and they are hereby set off from the re- 
spective towTJs of Winslow and Fairfax, in the county of 
Ktnnebeck, and atmexed to the town of Harlem, in the 
same countf . 

Sec 2. £e it further enacted, That there shall betaken 
three miilcs from the State valuation of the town of Fair- 
fax, and added to the tovvn of Harlem, which shall be the 
rule ior assessing the said towns for State and County 
taxes, until there shall be a new State valuation taken. 
[Approved by the Governor, Feb. 23, 1813.] 



CHAP. LXXXVIII. 

An Act to incorporate the Proprietors of Buxton Boom. 



Sec 1. JL3K it enacted by the Senate and House of 

Kepresetitativfs tn Genera/ Court assembled, and by the 

authority oj the same^ That Isaac Lane, Samuel Merrill 

Persons in- juii, Gibtou Elden, together with such other persons as 

nrfora e ^^^^^ ^^^^ ^^ ^j^_^jj i-^^^^^jf^gj. become proprietors in said 

Boom, be, and they hereby are constituted and made a 
Corporation for laying and maintaining a boom across 
Saco river, in the towns of Buxton and Hollis, in the 
county of York, by the name of the Proprietors of Buxton 
Boom, and by that name may sue and be sued, prosecute 
aiid be prosecuted to final judgment and execution, and 



BUXTON BOOiM. Feb. 23, 1813.. 159 

to do and suffer all such matters and things, as bodies 
politic and corporate may, or ought to do and suffer ; and 
the said Corporation shall have power to keep and use a 
common seal, and the same to break, alter and renew, at 
pleasure. 

Sec. 2. Be it further enacted, That Isaac Lane and 
others, his associates, or any three of them, may, by an 
advertisement, posted up in some public place, in the 
town of Buxton, call a meeting of said proprietors, at 
some suitable lime and place, giving at least ten days' no- 
tice of such meeting, and the said proprietors being so 
met, by vote of the major part of the proprietors present, 
or represented at said meeting, shall proceed to choose a -^^ychoos)? 
Clerk, Treasurer, and such other officers as they may, 
from time to time, find necessary, who shall be duly sworn 
to the faithful discharge of their respective trusts, and 
shall also agree on the ;pethod of calling future meetings 
of said proprietors, and at the same or any subsequent 
meetings, may make and establish any rules and regula- 
tions which may be found necessary or convenient for 
regulating said Corporation, for collecting the toll or fees 
herein established, and for the more effectually executing 
and completing the general purposes of this act ; and shall 
have power to assess and recover reasonable fines and 
penalties, for any breach or breaches of such rules and 
regulations, not exceeding ten dollars. Provided such Proviso, 
rules and regulations shall not be repugnant to the consti- 
tution and laws of this Commonwealth ; and all applications 
and representations made at such meetings shall be in 
writing, and signed with the name of the person making 
the same, which shall be filed with, and recorded by the 
Clerk ; and this act, with all the rules, regulations, votes 
and doings of said Corporation, shall be fairly and truly 
recorded by the said Clerk, in a book or books for thac 
purpose to be provided and kept. 

Sec 3. Beit further enacted^ That said proprietors be, 
and they are hereby authorised and empowered to build 
and keep in repair, such side booms and piers above the to buiki&^de 
said main boom, as may be necessary for securing and booms, 
saving the timber and logs coming down said river, and to 
facilitate the passing of masts, timber and Jogs, tlirougii 
said main boom, belonging to persons below said bopm. 
Qn said river, free of t'-'!!. 



UO SACO FACTORY COMPANY. FeL 23, 1813. 

Sec. 4. Be itjiuther enacted, Tiiat the said Corporation 

shall be entitled to receive, of tiie respective owner or 

owners of masts, logs and timber, which shall be rafted and 

May receive sccured at Said boom, by any person or persons, the fol- 

fces or tt)il. lowing respective fees or toll : for each mast, four cents ; 

for each pine mill log of thirty feet in length and upwards, 

four cents ; for each pine mill log under thirty feet in 

Proviba. length, three cents. Provided however^ That the fees or 

toll shall, at all times hereafter, be subject to the revision 

or alteration of the Legislature. 

Sec. 5. Be it further enacted^ That said proprietors 
May hold may purchase and hold to them and their successors, any 
real estate, j-^yj (_.5|;at;e contiguous to Said main boom or side booms, 
which shall be necessary for the purpose of making, main- 
taining or improving the said booms ; and may, at any 
legal meeting called for that purpose, agree upon the num- 
ber of shares, into which the estate and property of said 
Corporation shall be divided, not exceeding one hundred 
shares ; and upon the form of the certificate to be given to 
individuals of the number of shares by thicm respectively 
held ; upon the mode and conditions of transferring the 
same, which shares shall be held and considered as per- 
sonal estate, to all intents and purposes whatever. Said 
proprietors shall also have power to assess upon each share, 
all such sums of money, as may be necessary for building 
and repairing said boopi, and the necessary side booms, 
and for the i:nprovemcnt and good management of said 
estate, and to sell and dispose of the share or shares of any 
delinquent proprietor, for the payment of his assessment, 
in such way and manner as said Corporation may, by 
their rules and regulations, determine and agree upon, 
joviEo. PfQi^ided^ Said real estate of said Corporation shall not 
exceed in value three thousand dollars. 

[Approved by the Governor, Feb. 23, 1813.] 



CHAP. LXXXIX. 

An Act to incorporate the Saco Cotton and Wool Factory 

Company. 

Sec. 1. JDE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 



DUXBURY MAN. COMPANY. Feb. 23, 1813. 161 

authority of the same, That Foxwell Cutts, Reuben H. ^^^'^^^t 
Green, and Edmund Moody, together 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 Saco Cotton and Wool Factory 
Company, for the purpose of manufacturing cotton and 
wool, in the town of Saco, in the county of York ; and 
for the purpose aforesaid, shall have ail the powers and 
privileges, and shall also be subject to all the duties and 
requirements prescribed and contained in an act entitled, 
•'An act definmg the general povv'crs and duties of manu- 
facturing Corporations," passed the third day of March, 
eighteen hundred and nine. 

Sec 2. Be it further enacted. That the said Corpo- 
ration, in their corporate capacity, shall, and may lawfully ggfj^*'*^^'^ 
hold and possess real estate, not exceeding thirty thous- 
and dollars, and personal estate, not exceeding one hun- 
dred thousand dollars, as may be necessary and convenient 
for carrying on the manufacture of cotton and wool, in 
their various branches, in the said town of Saco. 

[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XC. 

An Act to incorporate The Duxbury Manufacturing 

Company. 

Sec. 1. JLjE it enacted by the Senate and House of 
Representatives in General Court asserrtbled, and by the 
authority of the same, That Ezra Weston, Ezra Weston, Persons i.n- 
jun. Samuel A. Frazicr, Reuben Drew, Abner Harlow, ^°'P°'''^'«'* 
George Loring, Eleazer Harlow, Ahira Wadsworth, Ja- 
cob Weston, Benjamin Billings, and Daniel Atherton, 
togetlier with such other persons as have, or may here- 
ahtr associate with them, their successors and assigns, be, 
and they hereby are made a Corporation, by the name of 
The Duxbury manufacturing Company, for the purpose 
of manufacturing wool and cotton, at Duxbury, in the 
county of Plymoutli ; and for that purpose, shall have all 
the powers and privileges, and be subject to all the duties 
and requirements contained in an act passed the third day 
of March, in the year of our Lord, one thousand eight 



162 BOSTON MAN. COMPANY. Feb. 23, 121S. 

hundred and nine, entitled, "An act defining the general 
powers and duties of manufacturing Corporations." 
Value of es- Sec. 2 Be it further enacted^ That said Corporation 
tate. j^g^^ j-jg lawfully seized of such real estate, not exceeding 

the value of fifty thousand doilars, and such personal es- 
tate, not exceeding one hundred thousand dollars, as may 
be necessary and convenient for establishing and carrying 
on the manufacture of cotton and wool, at Duxbury 
aforesaid. 

[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCI. 

An Act in further addition to an act, entitled, *' An act 
establishing The Hartford and Dedham Turnpike Cor- 
poration." 



B] 



►E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That The Hartford and Dedham 
Toll altered Turnpike Corporation be, and hereby are authorised, in- 
stead of the toll to which they are now entitled, for every 
chaise, chair, or other carriage, drawn by one horse, to 
demand and receive for the same, twelve and a half cents, 
at the gate where they are now entitled to receive ten 
cents ; and six cents and one fourth of a cent, at the two 
other gates, where they are now entitled to receive five 
cents. 

[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCII. 

An Act to incorporate The Boston Manufacturing Com- 
pany. 



Sec 1. J3E it enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

I'ersonsm- authority of the same, That Francis C. Lowell, Bcnja- 

torpor.ited. min Gorliam, Uriah Cotting, and Patrick T. Jackson, their 

associates, successors and assigns, be, and they hereby are 



ASSIGNMENT OF DOWER. Feb. 23, 1813, 165 

made a Corporation, by the name of The Boston manu- 
facturing Company, for the purpose of manufactiirin,^ 
cotton, u'oolien, and linen goods, at Boston, in the County 
of Suffolk, or within fifteen miles thereof, or at any other 
place or places, not exceeding four ; and for this pur- ^ 

pose, shall have ail the powers and pi ivilegGs, and be sub- 
ject to all the duties and requirements contained in an 
act passed the third day of March, eighteen iiundred and 
nine, entitled, "An act defining the general powers and 
duties of manufacturing Corporalions" 

Sec. 2. Be it further enacted^ That the capital stock 
of said Corporation shall not exceed four hundred thous- 
and doliartj ; and they may be lawfully seized and pos- 
sessed of such real estate as inay be necessary and con- real estate, 
venient for the purposes aforesaid, not exceeding the 
value of one hundred thousand dollars, exclusive of 
buildings and improvements that may be made thereon, 
by the said Corporation. 

[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCIII. 

An Act in addition to an act, ciuitled, " An act for the 
speedy assignment of Dovver, ar:d for the preventing of 
strip and waste by tenants therein." 



Sec. 1. JLjE it enacted by the Senate and House of 
Representatives in General Court assembled., and by the 
authority of the same., That Irom and after the passing of 
this act, the widow of any citizen of the United States, 
who may have been, or shall be an alien at the time of 
intermarriage with such citizen, shall be entitled to dower tiUed°to *^'"^ 
in her husband's esiate, in this Commonwealth, in the dower. 
same manner as those who are now by law entitled to 
dower. 

Sec 2. Be it further enacted.^ That in all cases wherein 
the respective Judges ot Probate in this Commonwealth, 
before the ninth day of March, in the year of our Lord, 
one thousand seven hundred and eighty-four, ordered 
distribution or assignment of the reversion of any widow's 
dower to the heirs of her luisband, in the life of said 
X 



164 AUGUSTA MAN. COMPANY. Feb. 23, 1813. 

widow, any person or persons, to whom such reversion 
has been so distributed or assigned, and those claiming 
under them shall forever hereafter hold the same by as 
good title as if the distribution or assignment aforesaid 
Proviso. jia(j been regular and legal. Provided, that nothing in 
this act shall effect any question now pending, or which 
has been decided in any of the courts of this Common- 
wealth, nor entitle any widow, being an alien as aforesaid, 
to dower in any land conveyed from her husband by deed, 
or extended on execution, before the passing of this act. 
[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCIV. 

An Act to incorporate The Augusta Cotton and Wool 
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 Samuel Howard, William 

corpOTaied.' Robinson, Pitt Dillingham, Theophilus Hamlin, Thomas 
W. Smith, Joseph Ladd, John S. Kimball, Josiah. H. 
Vose, Benjamin Ross, Jesse Robinson, Alexander Or- 
rok, and William Emmons, together with such others 
as may hereafter associate with them, and their success- 
ors, be, and they are hereby made a Corporation, by the 
name of The Augusta Cotton and Wool Manufacturing 
Company, for the purpose of manufacturing cotton and 
wool, in the town of Augusta ; and for that purpose, shall 
have all the powers and privileges, and be subject to all 
the duties and requirements contained in an act passed 
the third day of March, in the year of our Lord, one 
thousand eight hundred and nine, entitled, " An act de- 
fining the general powers and duties of manufacturing 
Corporations." 

Sec. 2. Be it further enacted^ That said Corporation 
may be lawfully seized and possessed of such real estate, 

{;it5^. 'not exceeding the value of twenty-five thousand dollars, 

and such personal estate, not exceeding the value of 
seventy-five thousand dollars, as may be necessary and 
convenient for carrying on the manufactory of cotton and 
wool in the said town of Augusta. 

[Approved by the Governor, Feb. 23, 1813.3 



Parsons m- 



NEWTON AND NEEDHAM. Feb. 23, 1813. 165 



CHAP. XCV. 

An Act in addition to an act, entitled, " An act autho- 
rising the sale of ministerial lands in the first parish in 
Gorh^m, to raise a fund for the support of the ministry, 
and appointing Trustees for those purposes." 



Sec. 1. -OE 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, whenever a meeting of the Trustees aforesaid 
shall be notified to be holden, and a sufficient number of 
Trustees shall not assemble to form a quorum, agreeably 
to the Fourth Section of the act, entitled, "An act autho- Trustees 
rising the sale of ministerial lands in the first parish in meetfn^!^''''^" 
Gorham, to raise a fund for the support of the ministry, 
and appointing Trustees for those purposes," any three 
of their number, then assembled, shall have power to ad- 
journ said meeting for a term not exceeding ten days. 
[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCVI. 

An Act to empower the selectmen of the towns of New- 
ton and Needham to appoint engine men. 



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 selectmen of the towns of 
Newton and Needham be, and they hereby are respec- 
tively authorised and empowered to nominate and appoint, 
as soon as may be, after tlie passing of this act, and ever 
after, in the month of March annually, so long as there May annu 
shall be a good engine, at or near the lower falls, so called, en^i^g^,^^^ „ 
on Charles river, any number of suitable persons, not ex- 
ceeding twenty-one in the whole, thirteen of whom shall 
always be of the inhabitants of Nev.^ton, to be one com- 
pany of engine men, to take charge of, and manage said 
engine ; who shall be subject to the same duties, and 



i6& RECORDS. Feb. 2% 1813^ 

vested with the same powers, and cntided to the same 
rights, privileges and exemptions, thut ail other engine 
men, by law, now arc or hereafter may be. 

Sec. 2. Be it further enacted. That all rules and regu- 
Penaities, lations respecting their duty as engine men shall, before 
ered/^'^"^ they be established, be approved of by the selectmen of 
said towns ; and all penalties annexed to the same, may 
be recovered by the Clerk of said engine men, before any 
Justice of the Peace, in the county where the person who 
luay forfeit the same shall reside. 

Sec. 3. Be it further enacted. That the act which 
passed the eighteenth day of June, in the year of our 
Act repeal- Lqj-^j^ eighteen hundred and twelve, entitled, *' An act to 
empower the selectmen of the towns of Newton and 
Needham to appoint engine men," be, and hereby is re- 
pealed. 

[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCVII. 

An Act to remove the Records of the lands in Hopkinton 
and Upton, belonging to the Hopkins' donation or 
trust, and for other purposes. 



Sec 1. J3E it enacted by the Senate and House of 
Hepresentatwes in General Court assembled^ and by the 
authority of the same^ That after the first day of April 
nexi, the books of records of deeds and other convey- 
ance of lands lying in the tovvns of Hopkinton, in the 
county of Middlesex, and Upton, in the county of Wor- 
cester, belonging to the Hopkins' donation or trust, shall 
be deposited and kept in the town of Hopkington afore- 
said, in some suitable place, and by some suitable person, 
» tcovds ^^ '^^' appointed for that purpose by the Trustees of the 
r, cvcd. said Hopkins' donation ; and that from and after said day, 
?.ll conveyances of said lands, or any parcel thereof, by 
deed, extent of execution, or otherwise, shall be recorded 
in said books, in said town of Hopkinton, by the Regis- 
ter, so to be appointed by said Trustees ; and such regis- 
try of the conveyances aforesaid shall have the same force 



HALLOWELL. Feb, 23, 1813. 167 

and effect as if the same were recorded in the registry of 
deeds, for the county in which said lands may be. 

Sec. 2. Be it further enacted^ That it shall be the duty 
of the said Trustees, on or before the said first day of 
April, to cause the said records to be removed to, and de- 
posited in the said town of Hopkinton, and to appoint, 
from time to time, a suitable person to take the custody 
of said records, who shall hold his office during the pleas- 
ure of said Trustees, and to receive and register therewith 
all conveyances of said lands as aforesaid, not already re- 
corded therein ; and it shall be the duty of the person so Duty of the 
appointed, or acting as Register for said lands, safely to Kegister. 
keep the books of records, and to receive and record therein 
all conveyances of said lands, by deed, levy of execution, 
or otherwise, in the order of time as they are receiv vi, 
and to note thereon the time of receiving the same ; ^..'A 
;said Register, before entering upon the duties of sdid 
office, shall be sworn faithfully to discharge the same , ' *d 
he shall be liable for all damages occasioned to any person, 
by reason of misbehaviour in his said office, and he shall 
be entitled to receive for his services as Register, the same 
fees as county Registers are by law entitled to receive 
[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCVIII. 

An Act to annex Francis Day, Ebenezer Hewins, and 
Elisha Parker, with their families and estates, to the 
town of Hallowell, 

XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Francis Day, Ebenezer Hew- Persons sej 
ins, and Elisha Parker, with their flimilies and estates con- timn."'*^^^ 
tained in a Lot numbered one hundred and one, be, and 
hereby are set off from the town of Augusta, and annexed 
to the town of Hallowell, excepting that part of the said 
lot owned by James Page, jun. being about ten acres : and 
the said Francis Day, Ebenezer Hewins and Elisha Parker, 
shall hereafter be considered as inhabitants of the said town 
of Hallowell, to all legal intents and purposes, there to do 



168 UNITY. Feb. 23, 1813. 

' the duties, and exercise and enjoy the privileges, in like 

manner with the other inhabitants of the said town of 

Proviso. Hallovvell ; Provided^ that the said Day, Hewins and 
Parker, shall be holden to pay all tax.es assessed on them 
by the town of Augusta, due and unpaid before the pass- 
ing of this act, and also their proportionable part of all 
State and county taxes, which shall be laid upon the said 
town of Augusta, until another general valuation shall be 
made. 

[Approved by the Governor, Feb. 23, 1813.] 



CHAP. XCIX. 

An Act to annex a part of the Plantation called Twenty- 
five Mile Pond, to the town of Unity, in the county of 
Kennebeck. 

XJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That so much of the Plantation, 
called Twentv-five Mile Pond, as is contained within the 
following described lines, be, and the same is hereby an- 
Part town- ncxcd to thc towu of Unity, in the county of Kennebeck, 
ship annex- ^j^. beginning at the north-east corner of Unity, thence 
north six degrees west, on the westerly line of Kingville, 
one mile and two hundred and fourteen poles, thence 
north sixty-seven degrees and an half west until it 
strikes the margin of Twenty-five Mile Pond, thence 
southerly by the margin of said Pond, to the north line of 
the said town of Unity, thence south sixty-seven degrees 
and an half east, one mile and two hundred and sixty-two 
poles, on the north line of the said town of Unity, to the 
first mentioned bounds. And the inhabitants of the tract 
hereby annexed to the town of Unity shall have, use, ex- 
ercise and enjoy, all town privileges, and shall also be 
subject to the same duties and requisitions, as the other 
inhabitants of the said town : Provided however^ That 
Proviso. ^^ g^j^ inhabitants hereby annexed to the said town of 
Unity shall continue to pay their State and county taxes 
to the said Twenty-five Mile Pond Plantation, until a new 



FRYEBURGH AQUEDUCT COR. Feb. 24, 1813. 

valuation is taken, and shall also be holden to pay all ar- 
rears of Plantation taxes now due and unpaid, to the said 
Plantation. 

[Approved by the Governor, Feb. 23, 1813.] 



169 



CHAP. C. 

An Act to establish the Fryeburgh Aqueduct Corporation. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives ifi General Court assembled, and by the 
authority of the same. That Robert Bradley, Joshua Dur- Persons in- 
gin, Abiel Farnum, Samuel Southen, 'John Bradley, corporated. 
Henry Y. B. Osgood, Oliver Grisvvold, Jeremiah Stick- 
ney, and Timothy Osgood, their associates, saccessors 
and assigns, be, and they hereby are incorporated by the 
name of The Fryeburgh Aqueduct Corporation, and by 
that name may sue and be sued, and do and suffer all 
matters and things which bodies politic may or ought to 
do or suffer, and may purchase and hold one or more 
pieces of land, in said Fryeburgh or any adjacent town 
(not to exceed two acres in one place) where there are 
springs of water, and thence bring water in subterra- 
neous pipes, to any place within said town of Fryeburgh, 
and may construct and erect on said land reservoirs and 
buildings : Provided, the funds of said Corporation shall Proviso. 
not exceed twenty-five thousand dollars, and Provided, 
that nothing in this act shall authorise said Corporation to 
enter upon or use the land of any person, without licence 
therefor first had and obtained of the proprietor of said 
land, and the shares shall be considered as personal prop- 
erty. 

Sec. 2. Be it further enacted, That any three of said 
persons may, by advertisements posted up at two public ^^ jj 
places in said town of Fryeburgh, call a meeting of said meeting'. 
Proprietors, to be holden at any suitable time and place 
in said town of Fryeburgh, seven days at least after the 
posting up of said advertisements ; and the Proprietors, 
by a major vote of them present, accounting one vote to 
each share, may choose a Clerk of said proprietors, who 
shall be sworn to the faithfal discharge of his duty ; agree 



170 FRYEBURGH AQUEDUCT COR. Feb. 24, 1813. 

May elect '^^P^" -^ mode of callui,^ future meetings of said Proprietors, 
officers. and nnay also elect any other officers, which to them may 
appear necessary for carrying into effect the object of their 
Incorporation ; may enjoin and order fines and penalties 
for the breach of any of their rules and by-laws, not ex- 
ceeding ten dollars for any one breach thereof. And all per- 
sons appearing at any of said meetings, to represent any 
of said Proprietors, shall have an appointment in writing, 
signed by the person so to be represented, which shall be 
filed with, or recorded by the Clerk of the Corporation, 
whose duty it shall be fairlv and trulv to enter and record 
in a book, to be kept for that purpose, this act, and all 
rules and by-laws, votes and proceedings of said Corpo- 
ration. 
Authorised Sec. 3. Bc it further enacted^ That the said Proprie- 
to place tors be, and they hereby are authorised to enter upon and 
pipes. jj5g yp ^j^jr highway for the purpose of placing such pipes 

as may be necessary to complete said aqueduct, or for 
repairing the same ; provided^ they do not thereby impede 
the passing of travellers. 

Sec 4. Be it further enacted. That any person or 
persons, who shall wilfully injure said aqueduct, shall be 
Penalty subjcctc-d to the same penalties as are provided in the 
Second Section of an act, entitled, "An act for the more 
effectually preventing trespasses in divers cases," passed 
in the year of our Lord, one thousand seven hundred and 
eighty-five, and shall be liable to make good all damages 
to said Proprietors. 

Sec. 5. Be it further enacted. That the mode of sell- 
Mode of ing Qi- transferring the shares of said Corporation shall be 
shares. '"° hv dccd acknowledged before a Juhtice of the Peace, aiid 
recorded by the Clerk of said Corporation, in a book to 
be kept for that purpose. 

Sec. 6. Be it further enacted, That when any Proprie- 
tor shall neglect or refuse to pay any tax or assessment, 
duly voted and agreed upon by said Corporation, to the 
to^'^^i?"^*^^ Treasurer of said Corporation, within thirty days after the 
shares. time set for the payment thereof, the Treasurer is hereby 
authorised to sell at public vendue, tht. share or shares of 
such delinquent proprietor, one or more, as shall be suffi- 
cient to defray said taxes, and necessa . and incidental 
charges, after duly notifying in one oi t' r News papers 
printed in Portland, the sum due on any such shares, and 



ABINGTON. Feb. 24, 1813, 171 

the time and place of sale two weeks successively, nt- last 
publication to be S)eve,i d -v > it le.isi bei' ue the time of 
said sale ; and such sale shall be a transfer of the share or 
shares sold, to the person purchasing ; and on producing 
a certificate of such sale from the Treasurer to the Clerk 
of said Corporation, the name of such purchaser, witii t^>e 
number of shares so sold, sh lil be by the Clerk entered 
on the books of said Corpora-.ion, and such pcrsor -^hall 
be considered, to all intents mid purposes, the Proprietors 
thereof; and the overplus, if any thtre be, shall be paid 
on demand by the Treasurer to the person whose shares 
shall have been thus sold. 

[Approved by the Governor, Feb. 24, 1813.] 



CHAP. CI. 

An Act to incorporate The Third Congregational Parish 
in Abington. 

Sec 1. JDE it enacted by the Senate and House of 
Representatives in General Court assembled^ and ho t{ie 
authority of the same, That Thomas H. Arnold, ;-«Odh 
Beal, Zadock Beal, David Beal, ^ elzar Beal, Nathan Bcal, 
Nathaniel Beal, Isaac Burrill, Caleb Chard, jun. Eleazer 
Chubbuck, Thomas Chubbuck, Joshua Curtis, James 
Tilloon, Abner Gardner, Caleb Gardner, Noah Gardner, 
Melvin Gurney, David Hearsy, Elijah H()bi:rt, Daniel 
Holbrook, Josiah Holbrook, Reuben Holbrook, Wiiiiam 
Holbrook, William Holbrook, jun. Reuben Hunt, .-avid 
Hunt, Elias Hunt, Silas Hunt, Thomas Hunt, Moses coiporated. 
Jones, Eleazer Josselyn, Andrew Lane, Caleb Lane, 
Charles Lane, Isaiah Lane, Daniel Lane, jun. John Lane, 
Silas Lane, Caleb Loud, Noah Lovell, Alexander M' Don- 
ald, Zebulon Payn, Stephen Payn, David Pool, Micah 
Pool, John Pool, Noah Pratt, Cyru^i Pratt, David Pratt, 
Goddard Reed, Samuel Reed, Thomas Rted, jun. John 
Ripley, William Ripley, jun. Abraham Sh.w, Abraham 
Shaw, jun. Brackley Shaw, 2d. Elijah Shaw, JaredSh.iw, 
Melvin Shaw, Nehemiah Smiih, James Smith, Zenas 
Smith, Zenas Smith, 2d John Stetbon, Oliver Stetson, 
-Nathan Stoddard, Nathim Studley, Elihu Tirrell, William 



persons in- 



Y 



172 ABINGTON. .Feb. 24, 1815. 

Torrey, Daniel Town.scnd, Alexander Vining, Benjamin 
Vining, Ebed Vining, Eljsha Vining, Barziilai Vv hiting, 
Eleazer Whiting, and Thonnas Whiting, together with 
their families and estates, within the town of Abington, 
be, and they are hereby incorporated, as a distinct rehgious 
Society, by the name of The Third Congregational Par- 
ish in Abington, with all the powers and privileges, and 
shall be also subject to all the duties and requirements of 
other parishes or religious societies, according to the con- 
Pioviso. stitution and laws of this Commonwealth : Provided^ 
however. That the persons before named shall be holden 
to pay all taxes previously assessed in the parish from 
which he or she may separate, and also to pay iheir pro- 
portionate part of the stated salary of the Rev. 8amuel 
Niles, which is ninety-three pounds six shillings and 
eight pence, equal to three hundred and eleven dollars 
and eleven cents annually, so long as the said Rev. Sam- 
uel Niles continues t» be the minister of the first parish, 
in the said town, and the said salary shall continue to be 
assessed, as has been heretofore practised in the First 
Parish. 

Sec. 2. Beit further enacted, Th.-dt^ny ^trsonhtlou^- 
ing to the town of Abington, who may hereafter be de- 
May become sirous of becoming a member of the said Third Congre- 
members. gational Parish in Abington, shall declare such intention 
in writing, to the Clerk of the said town, and also deliver 
a copy of the same to the Minister or Clerk of the said 
Third Parish, and also to the Clerk of the parish or soci- 
ety, from which such person may secede ; and if such 
person doth receive, and can produce a certificate, signed 
by the Clerk of the said Third Parish, that he or she has 
actually united with, and become a member of the said 
Third Parish, at any time previous to the first day of 
March, A. D. 1815, such person shall, from and after the 
date of such certificate of admission, with his or her polls 
and estates, be considered a member of the said Third 
Proviso. Parish : Provided however, 1'hat all such persons shall be 
holden to pay all taxes previously assessed in the parish 
or society, from which such person may secede. 

Sec 3. Be U further exacted. That any member of 
the said Third Parish in Abington, who shall see cause to 
leave the same, and to unite with any other parish or so- 
ciety in the said town, at any time previous to the first 



ABINGTON. Feb. 24, 1813. 173 

day of March, 1815, such person shall declare such inten- 
tion in vvritini^, to the Clerk of the said Third Parish, and 
deliver a copy of the same to the Town Clerk, and also Manner of 
to the Clerk of the parish or society with which such j^^\'"g ^''* 

, . • IT ! 11 • Society. 

person desires to unite, and it such person doth receive, 

and can produce a certificate of admission, signed by the 

Clerk of such other society, such person shall, from the 

date of such certificate of admission, with his or her polls 

and estate, be considered a member of such other parish 

or society : Provided however., That in all cases of seces- proviso. 

sion from one parish, and joining another, every such 

person shall be holden to pay his or her proportion or 

assessment of all parish taxes assessed therein prior to 

leaving: the same. 

Sec 4. Be it further enacted^ That all young persons, 
within the limits of the town of Abington, when they 
become twenty -one years of age, shall have full liberty, 
within twelve months thereafter, to unite with their polls 
and estate, to the said Third Parish ; and also all persons 
who may- settle within the limits of the said town, shall 
have the same liberty to join the said Third Parish : 
Provided always., That all such persons shall notify their Proviso, 
intentions in writing, and the same process shall be had 
and done, as is provided for in this act. 

Sec 5. Be it further enacted., That any Justice of the 
Peace, for the county of Plymouth, is hereby authorised ^^^^^^^^ ^u 
to issue a warrant directed to one of the members of the thorised to 
said Third Congregational Parish, requiring him to notify '^ 
and warn the inhabitants and members thereof, to meet at 
such convenient time and place as shall be appointed in 
-iJie said warrant, to choose such officers, as parishes have 
a right by law to choose and appoint, at their annual parish 
meetings, and to do and regulate such other matters and 
things, as the well being of the said parish may require. 
[Approved by the Governor, Feb. 24. [813.] 



jssue 
rant. 



174 DANVERS. Feb. 26, 1813. 



CHAP. CII. 

An Act to repeal part of an act, entitled, "An act to reg- 
ulate tovvn meetings in the town of Danvers." 

Sec. 1. XJx'^ it enacted by the Senate and House of 
Mepresentafives in General Court assemblea, and by the 
authority of the same^ i iuii so much of an act passed the 
i'^uiicenih day of July, A. D. seventeen hundred and 
seventy -two, entitled, *'Aa act to regulate town meetings 
Act repeal- :.^ ^j-^^ town of Danvers," as provides for the choice of 
Selectmen and Assessors alternately, in the North and 
South Parishes in the town of Danvers, be, and the same 
is lieieby rept-aied. 

Sec. 2 Be it further enacted^ That hereafter annu- 
ally, two ot the Select men, aiid two of the Assessors, shall 
be chosen from the qualified inhabitants and voters in the 
T' r.x. North Parish ; and two of the Selectmen, and two of the 
ce low Aiisessors, from the inhabitants and qualified voters in the 
chofceii. South Parish ; and one Selectman, and one Assessor, 
from the inhabitants and qualified voters in that part of 
the South Parish, culled the Neck of land, or the Nevr 
Mills District. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CHI. 

An Act to regulate the taking of Fish in Connecticut 

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 no person or persons what- 
ever be allowed, irom and after the passing of this act, to 
catch any salmon or shad, or draw any seine for the pur- 
pose of catching any salmon or shad in that part of Con- 
necticut river which p .sses through this Commonwealth, 
froin «^he twentv-fifih day of June to the first day of De- 
cern. '' - anruKiijy ; md if any person or persons shall catch 
any salmon or shad in said river, or shall drag any seine or 



FISHERY— DENMARK. Feb, 26. 1813. 175 

net for the purpose of catching any of the said fish in said Penalty foF 
river, within this Commonwealth, between the said ^^^'"^ ^^^ 
twenty-fifth day of June, and the said first day of Decern- law. 
ber annually, each and every person so offending shall 
forfeit and pay for each offence, a fine of ten dollars. 

Sec. 2. Be it further enacted^ That if any person or 
persons, at any time, in the river aforesaid, within ths 
Commonwealth, shall fish witn a seine or net exceeding 
forty-five rods in length, or extend more than one seine 
or net on the same fishing ground, at one and the same 
time, he or they shall, for each offence, forfeit and pay a 
fine of twenty dollars. 

Sec 3. Be it further enacted^ That all the fines and 
forfeitures incurred by a breach of this act shall be re- 
covered in an action of debt, before any Court of compe- recovered"^ 
tent jurisdiction, in the county where the offence is com- 
mitted, and all such fines and forfeitures, so recovered, 
shall enure to the benefit of him or them who shall prose- 
cute for the same. 

Sec 4. Be it further enacted^ That no action founded 
on this act shall be sustained, unless the same be com- 
menced within one year from the time in which the 
offence complained of may be committed. 

Sec S. Be it further enacted^ That all seines, nets, 
boats, or other fishing implements, which shall be used in Seines &c. 
violation of any provisions of this act, shall be liable to bre^^^ch of"*^ 
attachment, and held to respond such damages and costs act. 
as may be recovered in any action prosecuted under this 
act. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CIV. 

An Act to annex Ichabod Warren and Ichabod Warren, 
Jun. to the town of Denmark. 



B 



E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That Ichabod Warren and Icha- 
bod Warren, jun. with their families and so much of 
their real estates as to include their homestead; be, and 



176 



EXECUTORS AND ADMINIST. Feb. 26, 1813. 



off 
town 



ProTlso. 



Persons set they are hereby set ofFfrom the town of Fryeburgh, and 
annexed to the town of" Denmark; and the said families 
with their estates hereby annexed to said Denmark, shall 
be considered as a part of said town, and shall there exer- 
cise and enjoy equal privileges, and be also subject to the 
like duties and requisitions as the other inhabitants of said 
town : Provided^ That the said Ichabod Warren and 
Ichabod Warren, jun. shall be holden to pay their assess- 
ment of all taxes assessed on them and their estates, by 
the said town of Frycburgh, prior to the date of this act, 
and the State and county taxes which shall in future be 
paid to the said town of Denmark, by the said Ichabod 
Warren and Ichabod Warren, jun. shall be ascertained 
and settled according to the return made in the last valu- 
ation, by agreement between the assessors of the said 
towns of Denmark and Fryeburgh, who are hereby em- 
powered for that purpose. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CV. 

An Act further regulating suits, by and against Executors 
and Administrators. 



Sec. 1. -OE H enacted hy the Senate and House of 
Bepresentatives in General Court assembled^ and by the 
authority of the same. That whenever any Executor or 
Administrator shall die or be removed from office during 
the pendency of any suit, brought by or against him, in 
his said capacity, the same suit may be prosecuted by or 
May prose- against any Administrator de bonis non, who shall there- 
11011!*^^''°"'^ upon be appointed, and process may thereupon issue, in 
due form of law, to compel any such Administrator de 
bonis non to become a party to the suit, and if such Ad- 
ministrator de bonis non, shall, after due service of such 
process, neglect or refuse to become party to the suit, 
judgment may be rendered against him in the same 
manner, as if he had voluntarily come in and become a 
party to the suit. 

Sec. 2. Be it further enact edy That where judgment 
shall be had in any suit, in which an Executor or Admin- 



PARKER AND FALLS RIVER. Feb. 26, 1813. 177 

istrator is a party, and such Executor or Administrator 
shall afterwards die or be removed from office, in such 
case a scire facias may be sued forth, and execution taken 
on such judgment, either by or against any Administrator 
de bonis non, who shall be thereupon appointed, and any 
execution, which may have duly issued upon such judg- 
ment, may be perfected by either of said parties respec- 
tively, and a writ of error to correct any errors in such 
judgment, as also a writ of review thereof may be brought 
in the manner prescribed by law, either by or against 
such Administrator de bonis non, in like manner as it 
might have been by or against the original Executor or 
Administrator who was party to such judgment. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CVL 

An Act in further addition to an act, entitled, "An act to 
remove and prevent obstructions to the passage of shad, 
alewives and other fish, in Parker River, and the Falls 
River, so called, in the county of Essex, and the streams 
and brooks running into said Falls River." 

X3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That from and after the passing of 
this act, the sluice ways at each and every dam made for 
the passage of fish on the Falls river, so called, in the 
county of Essex, shall at all times, from the fifteenth day 
of April to the first day of June annually, be such, that 
the perpejidicular section of the water running in each of 
the said sluice ways shall be equal to one hundred and 
forty-four square inches, and the said sluice ways shall be 
made in such form, at such places, and with such con- 
venient passages thereto, in and at the several dams afore- 
said, as Dennison VVallis and Nathan Felton, ICsqrs. of 
Danvers, in the county of Essex, shall direct. And the 
mill-holders are hereby obliged to make at their own ex- ^iiJi-Jioitiers 

... 1 y T 1 .-,sliall make. 

pensc the sluice ways and passages as above directed, it sluice ways': 
not already made, and keep the same in repair during the 
continuance of the. act to which this is in addition, and 



178 PAWTUCKET MAN. COMPANY. Feb. 26, 181S. 

shall not be holdeii to make any other alterations at their 
expense during the continuance of the said act; and the 
Penalties, said mill-hoiders shall be liable to the same penalties, to 
be sued lor and recovered, in the same manner for any 
breaclies of the duties enjoined upon them by this act, as 
are prescribed for the like oiFences in the act to which 
this act is in addition. 

[Approved by the Governor, Feb. 26, 1813.3 



CHAP. CVII. 

An Act to Incorporate The Pavvtucket Manufacturing 

Company 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General ■ oiirt assenMed^ and by the 
authority of the saine. That Eliphalet Slack, Oliver Stark- 
Persons m- weather, Ebenezer Tyler, Benjamin S. Walcut and Eli- 
jah Ingraham, together with such other persons as have, 
or may hereafter associate with them, their successors and 
assigns, be, and they hereby are made a Corporation, by 
the name of The Pavvtucket Manufacturing Company, 
for the purpose of manufacturing cotton and woollen 
goods, at Seekonk, in the county of Bristol, and for this 
purpose shall have all the powers and privileges, and be 
subject to all the duties and requirements contained in an 
act passed the third day of March, in the year of our Lord, 
one thousand eight hundred and nine, entitled., " An act 
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 one hundred thousand dollars, and such per- 
sonal estate, not exceeding tlie value of three hundred 
May hold thousand dollars, as may be necessary and convenient for 
establishing and carrying on the manufactures aforesaid, 
in the town of Seekonk. 

[Approved by the Governor, Feb. 26, 18 13. 3 



J^AGLE STEEL COMPANY. Feb. 26, 1813. 179 



CHAP. CVIII. 

An Act to alter and establish a part of the Hne between 
the Counties of Kennebeck and Somerset. 



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 pabsing of 
this cict, a part of the line between the counties of Kenne- Lin« alter 
heck and Somerset shall be as follows; viz. beginning at 
the North-west corner of township number four (now 
Knigville) and running due West until it strikes the Ime 
of the town of Clinton, at a monument of stones there to 
L;; erected. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CIX. 

An Act to incorporate The Eagle Steel Company. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in Gerieral Court assembled, and by the 
authority of the same, That Thomas Dunbar and William Persons iii, 
Djnbar, with such others as already have, or may here- 
aft r 'ssociate with them, their successors and assigns, be, 
and hereby are made a Corporation, by the name of The 
Eagle Steel Company, for the purpose of manufacturing 
steel in the town of Canton, in the county of Norfolk ; and 
for that purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements contained 
in an act passed the third day of March, in the year of 
our Lord, one thousand eight hundred and nine, entitled, 
"An act defining the general powers and duties of man- 
ufacturing Corporations." 

Sec 2. Re it further enacted^ That said Corporation 
may be lawfully seized and possessed of such real estate, ^'*v ^^^'^ 
not exceeding the value of twenty-five thousand dollars, 
and such personal estate, not exceeding the value of fifty 
Z 



180 BLUEHILL BAPTIST SOCIETY. Feb, 26, 1813. 

thousand dollars, as may be necessary and convenient for 
carrying on said manufactory of steel in said town of 
Canton. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. ex. 

An Act to incorporate The First Baptist Societv in 

Bluehill. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That Ebenezer Hinklcy, Isaiah 
Hinkley, Jeremiah Stover, Seth Kimball, Peter Parker, 
jun. Benjamin Bunker, Jonathan Darling, jun. Benjamin 
Clay, Spencer Truevvorgy, Betsy Parker, Samuel Parker, 
Henrv Dority, John Roundv, Isaac Ingalls, Samuel John- 

corpSed. s*^"' Walter Roundy, John Candage, Amos AWqu, Ben- 
jamin Friend, Martha Friend, Joseph Candage, Jeremiah 
Eaton, James Day, Joseph Candage, jun. Samuel Morse, 
James Carter, and James Carter jun. together with their 
polls and estates, be, and they hereby are incorporated, by 
the name of The First Baptist Society in Bluehill, with 
all the privileges and immunities, which parishes in this 
Commonwealth by law enjoy. 

Sec 2. Be it further enacted. That any person who 
may desire to join in religious worship with, and to be- 

„ , come a member of the said Society, shall have a risrht so 

May become , , . . . p , . ■'. . . '-- . 

members, to do, by g'lvmg notice oi his intention in writing, 
to the Clerk of the Society, to which such person previ- 
ously belonged, and also to the Clerk of said Baptist 
Society, fifteen days before the annual meeting of said 
Societies respectively. And huch person shall thence- 
forth, with his or her polls and estate, belong to said 
Baptist Society. 

Sec 3. Be it further enacted. That when any member 

of said Baptist Sc'ciety shall ste fit to leave the same, and 

leaving"^the to li'Tite with any oilier religious Society, the like notice 

Society. and process shall be made, and given, mutatis mutandis, 

as is prescribed in the second Section in this act ; 

Proviso. Provided always, That in every such case of se<:ession 

from one Society and joining another, the person so se- 



SWEDEN. Feb. 26, 1813. 181 

cedin,^ shall be hoMen in law to pay his or her proportioa 
of all parochial expenses assessed and not paid prior to 
leavin_£^ such Society. 

Sec. 4. Be it further enacted^ That any Justice of 
the Peace for the county of Hancock is hereby authorised justice au- 
to issue a warrant, directed to some member of the said thorised to 
Baptist Society, requiring him to notify and warn the '^^^ '^"' 
first meeting of the said Society, to meet at such conve- 
nient time and place as shall be expressed in said warrant, 
for the choice of such officers as religious societies are by 
law authorised to choose and appoint at their annual 



meetings. 



[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CXI. 

An Act to divide the town of Lovel, and to establish the 
southerly part thereof a separate town by the name of 
Sweden. 



Sec 1. X>E it enacted by the Seriate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That all that part of the town of 
Lovel, which lies south of the following described line ; 
viz. beginning on Fryeburgh town line, at the south-east- 
erly corner of lot number thirteen, in the first division of 
lots in said Lovel, thence on the southerly line of said lot 
num.ber thirteen and of lot number one, in the third di- 
vision, to the south-easterly corner of lot number two in 
said third division, thence on a straight line to the north- 
west corner of lot number two in the fourth division of 
lots in said town, thence following the north line of said 
lot number two, and lots number one hundred and eight- 
een, one hundred and twelve, and one hundred and 
thirteen, to Waterford line, with the inhabitants thereon, ^own incor- 
be, and the same are hereby incorporated into a town, by porated. 
the name of Sweden, with all the powers and privileges, 
and subject to all the duties of other towns, according to 
the constitution and laws of this Commonwealth. 

Sec 2. Be it further enacted. That all the public prop- 
erty of the said town of Lovel, the debts due and unpaid. 



rant. 



182 PALERMO. Feb. 26, 1813 

the future support of the poor of the town, and the pro- 
portion which shall in future be paid of ihe State and 
Couiily taxes, shall be divided between the said towns of 
Lovel and Sweden, in such proportion as shall be mutually 
agreed upon by the said towns, according to the last 
valuation. 

Sec. 3. Be it further enacted. That any Justice of the 
Justice to Peace lor the count) oi Oxford, upon application therefor, 
i«sue war- ,§ hereby authorised to issue a warrant, directed to a free- 
holder and inhabitant of the said town ol Sweden, 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 tovvn officers as 
towns are by law required to choose and appoint at their 
annual town meetings. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CXII. 

An Act for altering the easterly line of the town of Palermo, 
in the County of Lincoln. 



B 



E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That the easterly line of the town 
of Palermo, in the county of Lincoln, be, and is hereby 
so far altered as that the same be in future bounded by the 
line run by Ephraim Ballard, in the year one thousand 
seven hundred and ninety-five, for a dividing line between 
Line altered *^^ ^'^"^ °^ ^^^^ Plymouth Company, so called, and of that 
part of the Waldo Patent, called the Twenty Associates' 
land, and by the line of the Commonwealth, called Tit- 
combs Line, which runs north seven degrees east, that 
so much of the town of Palermo, as lies easterly and 
Proviso, north-easterly of said lines, be, and is hereby set off to 
the plaritation u ithin the said Associates' tract ; Provided 
nevertheless, That those persons liable to be assessed in 
said tract, shall be still holden to pay their proportionable 
part of all taxes, which are already assessed or granted by 
the said town of Palermo, in like manner as though this 
act had not been made, and shall also pay their propor- 
tionable part of taxes that shall be laid on the said tovvn of 



MIDDLESEX CANAL. Feb. 26, 1813. 183 

Palermo, by the Commonwealth and by the county of 
Lincoln, previous to another general valuation being 
made. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CXIIL 

An Act in further addition to an act, for incorporating 
James Sullivan, Esq. and others, by the name and style 
of the Proprietors of The Middlesex Canal. 

Sec 1. J3E it enacted by the Senate and House of 
Hepresentatwes in General Coiwt assembled, and by the 
authority of the same^ Tliat the proprietors of The Middle- 
sex Canal, be, and they hereby are authorised and empow- 
ered, in order to render Merimac river completely and 
conveniently navigable for boats from the said canal up ^^\v build » 
Merimac river to the boundary of the State, to make and ^^^-^ 
construct a lock and a dam at the rapids in Tyngsborough, 
known by the name of Wicasee Falls, at sucli place, or 
part of said rapids or falls, and on whichever side of the 
island situated thereat may befound most convenient: Proviso. 
Provided however^ That in the construction of the said 
dam to raise the water tofloat loaded boats into the said lock, 
sufficient openings, slopes or fish ways, shall be left for 
the free passage of fish, and for the passage of rafts down 
said river, at such times as they do commonly descend the 
same ; and if it should appear to any person or persons, that 
good and sufficient fish ways shall not be made and kept 
open in the said dam as aforesaid, that on application 
made to the Court of Sessions in the county of Middle- 
sex, setting forth the fact, the said Court shall appoint 
five impartial men, a committee, to view the premises and 
lake cognizance of the facts ; and the report of said com- 
mittee, accepted by the said Court, shall be binding on 
the said proprietors, who shall thereupon be bound to 
alter their said dam conformably thereto ; and if any 
alteration shall be deemed necessary by said committee 
and the said Court, the costs shall be borne by the said 
proprietors, if otherwise, by the complainant. 



184 ROYALSTON MAN. COxVIPANY. Feb.2&, 1813. 

Sec. 2. Be it further enacted. That in carrying the 
grant hereby made into effect, the said proprietors shall 
be under the same liability lor damages, and have the 
same privileges as heretofore granted. 

Sec. 3. Be it further enacted, That in consideration of 
the expenditures necessary to construct the said lock, and 
other works for the purpose aforesaid, and to remunerate 
lifhed ^^^''^' ^^^ said proprietors, a toll for the passage of said locks, 
be, and hereby is established of ten cents a ton, on each 
and every ton of merchandise that shall be conveyed up 
through the said lock in boats, but that empty boats shall 
have a right to pass freely through the same ; also 
boats descending with wood or other loading, subject 
however to the regulations and by-laws, which the said 
proprietors may establish for the management therof, ac- 
cording to existing laws, giving to them that authority 
over the Middlesex Canal, which powers arc hereby ex- 
tended to the said works and locks to be built at said 
Wicasec Fails. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CXIV. 

An Act to establish The Ro}alston Cotton and Wool 
Manufacturing Companv. 



Sec 1. Jt3K it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Benjamin Davis, Isaiah Fair- 
-o^po'rTted"' ^^^^"'^^^ Eliphalet Chase, Silas * Hale, Francis Twichell, 
Daniel Fairbanks, Francis Fletcher, and Ebcnezer Bland- 
ing, together with such others as have already, or may 
hereafter associate and join with them, their successors 
and assigns, be, and they hereby are made a Corporation, 
by the name of The Royalston Cotton and Wool Manu- 
iiicturing Company, for the purpose of manufacturing 
cotton and wool, in the town of Royalston ; and for that 
purpose, «ha!l have all the powers and privileges, and be 
subject to all the duties and requirements contained in 
"An Act d -lining the general powers and duties of man- 
ufacturing Corporations," passed the third day of March, 



MIDDLESEX CANAL. Feb. 26, 1813. 185 

in the year of our Lord, one thousand eight hundred and 
nine. 

Sec. 2. Be it further enacted^ That the said Corpo- 
ration may lawfully hold and possess such real estate, not May hoM 
exceeding the value of twenty thousand dollars, and per- estate. 
sonal estate, not exceedin^^ the value of fifty thousand 
dollars, as may be convenient and necessary for carrying 
on the manufacturing- of cotton and wool, in the said 
town of Royalston. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CXV. 

An Act in further addition to an act, entitled, "An act in 
further addition to an act, entitled, an act for incorpo- 
rating James Sullivan, Esq. and others, by the name 
and style of the Proprietors of The Middlesex Canal." 

XJE it enacted by the Senate and House of 
Representatives in General Court assembled, arid by the 
authority of the same. That the proprietors of The Mid- 
dlesex Canal shall be allowed a further time of five years ,. ^"rther 
from the twenty-second day of June next, to render Con- etL 
cord river boatable and navigable, and for cutting other 
canals in the county of Middlesex, pursuant and accord- 
ing to the tenor of the acts heretofore passed on that 
subject. 

[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CXVL 

An Act to incorporate the Proprietors of The Cumberland 
Law Library. 

Sec .1 XJE it enacted by the Senate ctnd House of 
Representatives in General Court assembled, and by the 
authority of the same. That Prentiss Mellen, James D. 
Hopkins, Daniel Howard, Charles S. Davis, Dudley 
Todd, Nicholas Emery, Simon Grcenleaf, Elisha P. Cut- 



186 CUMBERLAND LAW LIBRARY. Feb. 26, 1813. 

ler, Hezekiah Frost, Horatio Southgate, Samuel Fessen- 

den, Jacob S. Smith, Barret Potter, Joseph Adams, Stephen 

Persons in- Loiigfellow, juii. Isaac Gates, Josiah W. Mitchel, Nathan 

corpojKited. Kingsman, Woodbury Storer, jun. Oliver Bray, William 
B. Sewall, Ezekiel Whitman, and Joseph D. Learned, 
and all such as mav hereafter associate with them, their 
successors and assigns*, shall be, and hereby are consti- 
tuted a body corporate, by the name of the Proprietors of 
The Cumberland Law Library, and by that name may 
sue and be sued in any Court of record, may make, have 
and use a common seal, and also ordain, establish and 
put in execution, all such by-laws, ordinances and regu- 
lations, as to them shall appear necessary and convenient 
for the government and interest of said Corporation, and 
relative to the assesssment of the shares in said Corpora- 
tion, and the collection of said assessments ; and for the 
breach of such by-laws, may order fines and penalties. 
Proviso, riot exceeding ten dollars for every breach : Provided^ 
such by-laws shall not be repugnant to the laws of this 
Commonwealth. 

Sec 2. Be it further enacted^ That the first meeting 

First meet- of said Proprietors shall be holden at the Court house in 

hdd ^^^^^ Portland, on Tuesday the twenty-fifth day of May next, 
at which time and place, said Proprietors shall agree on 
the mode of calling future meetings, and may then choose 

tfficers°°^^ a Piesident, Secretary, Treasurer, Librarian, Collector, 
and any other officer they may deem proper for the ensu- 
ing year, and then transact any other business, which by- 
virtue of this act, they are authorised to do and perform. 
Sec. 3. Be it further enacted. That the annual meet- 
ing for the choice of officers shall be held at said Portland, 
on the fourth Tuesday of May annually, until said Pro- 
prietors shall otherwise determine. 

[Approved by the Governor, Feb. 26, 1813.] 



ST. PETER'S CHURCH, Feb. 27, 1813. 18' 



CHAP. cxvn. 

An Act to apportion iind assess a tax of one hundred and 
thirtj^-three thousand, three hundred and thirty-three 
dollars, and ninety- seven cents, for the service of the 
State, and also a further sum of thirty-three thousand, 
three hundred and thirty-three dollars, and forty-iiine 
cents, towards reimbursing the expense of attendance 
of the members of the House of Representatives, now 
paid out of the Treasury of the Commonwealth. 
[Approved by the Governor, Feb. 26, 1813.] 



CHAP. CXVIII. 

An Act in addition to an act, entitled, "An act to establish 
The BrookfieJd and Charlton Turnpike Corporation." 



E it enacted by the Seriate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the further time of three time^^aUow 
years, from and after the twelfth day of March next, be, ed. 
and hereby is allowed to said Corporation to build and 
complete their said road, any law to the contrary notwith- 



standing. 



[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXIX. 

An Act in addition to an act, entitled, "An act supple- 
mentary to the act to incorporate the Proprietors of St. 
Peter's Church, in Salem, in the county of Essex." 



'E it enacted by the Seriate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That from and after the passing of 
this act, in all defaults of paymeiu on any assessment, duly 
made on the Proprietors of said cirarch, the pew or seat 
upon which such deficiencv arises, shall revert to tb« 
A a 



188 POWNAL. Feb. 27, 1813. 

Corporation in ninety days after public notice is given, as 
provided for in the aforesaid supplementary act, any thing 
in said act of incorporation to the contrary notwithstand- 
Proviso. ing : Provided however^ That any proprietor, whose pew 
or seat may be forfeited as aforesaid, may at any time 
within one year thereafter redeem the same by pa} ing the 
deficiency for which the same may hav« been sold, with 
interest and all costs that shall have arisen thereon. 
[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXX. 

An Act to annex Edmund Cleaves and William Cleaves 
to the town of Pownal 

XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Edmund Cleaves and Wil- 
liam Cleaves, with their families, and about one acre of 
land, with the buildings standing thereon, be, and they 
Persons set are hereby set off from the town ot North- Yarmouth, and 
town ^^^^^ annexed to the town of Pownal ; and shall there exercise 
and enjoy the privileges, and shall also be subject to the 
like duties and requisitions of the other inhabitants of the 
Proviso, said town f)f Pownal : Provided however. That the said 
Edmund Cleaves and \^ illiam Cleaves shall be holden to 
pay all the taxes assessed upon them in the town of North- 
Yarmouth, prior to the passing of this act. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXI. 

An Act in further addition to an act, entitled, *'An act 
directing the method for laying out highways." 

X3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That in all cases where any high- 
way has been or shall be lawfully discontinued in whole 



CANAL CORPORATION. Feb. 27, 1813. 189 

or in part, and any person shall think himself aggrieved 
thereby, he may apply for damages, by reason of such dis- 
continuance, to the Court of Sessions in any adjoining 
county, which Court is hereby empowered and directed 
to hear and determine the same in like manner as is by 
law prescribed in case of the discontinuance of any town 
or private way, and thereupon to assess damages for the seSons to 
party injured, to be paid by the town or district in which assess dam- 
the said highvvay was situated ; and in default of payment ^^^' 
after a reasonable time, the said Court shall levy the same 
by warrant of distress upon the personal property of any 
of the inhabitants of such town or district, to the use of 
the person or persons to whom the damages may be 
awarded : Provided, That such c pplication be made within Proviso, 
one 3'ear next after the discontinuance complained of. 
[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXII. 

An Act to establish a Corporation by the name of The 
Ten Mile Canal Corporation. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. Thai William Lane, Isaac Brad- Persons ir,. 
bury, Thomas Howard, and Joseph Howard, jun. together ^^''P'^'"*'^® • 
with such others as may hereafter associate with them 
and their successors, shall be, and hereby are made a 
Corporation, by the name of Tlie Ten Mile Canal Corpo- 
ration, and by that name may sue and be sued, in all 
actions, real, personal and mixed, and may have, keep and 
use a common seal, which they may alter or change at 
their pleasure, and may exercise and enjoy all the powers 
and privileges, and do and suffer all such other things as 
are incident to Corporations of a like nature and purpose. 

Sec 2. Be it further enacted, That the Proprietors 
aforesaid be, and they are hereby empowered within the 
term of five years from the passing of this act, to make a itcd'."**^ *'^ 
canal, between the waters of Clement's Pond and Saco 
River, in the most convenient direction, and the most 
suitable places for loading-, transporting and unloading 



19 J CANAL CORPORATION. Feb, 27, 1813. 

„ ,, . lumber or any other commodities therein ; and if any 
r- ••• of "wii- person shall in any v/ay wilfully and mischievously injure 
iai injury, qj- destroy the said canal, or any part thereof, or any of 
the works thereto appertaining, or obstruct or divert any 
of the waters thereof, to the damage of the said Proprie- 
tors, such person sh;iil pay treble the amount of such 
damage, as the said Proprietors may make to appear be- 
fore the Court and Jury, by whom the said action may be 
tried. 

Sec. 3. Be it further enacted^ That if any person or 
persons shall suffer any damage by means of said canal, 
and the parties cannot agree upon the amount of damages 
thus occasioned, nor upon some suitable person or persons 
to appraise the same, the Justices of the Circuit Court of 
Common Pleas, for the circuit in which said proposed 
.viistices to canal lies, are hereby authorised and empowered, at any 
Vjv.unt ap. session thereof, upon application of either party, after due 
notice given, to appoint three disinterested freeholders, 
within the county of Oxford, whose appraisement upon 
oath being returned into said Court, and by them 
accepted, shall be final between the parties, and shall vest 
the estate so appraised, in the Proprietors of said canal, 
I'foviso. their heirs and assigns forever : Provided nevertheless^ 
That if either party shall be dissatisfied with the deter- 
mination of said appraisers, appointed as aforesaid, and 
shall at the same session at which the report shall be 
made, apply for a Jury, the said Court shall have power 
to determine the same by a Jury, in the same manner that 
other causes are determined; and if the verdict of the 
Jury shall not give to the party applying a larger sum, or 
a more favourable decision than the appraisers appointed 
as aforesaid, the Court shall award costs against the party 
applying ; but if the last decision shall be more favorable 
to the party applying, than the decision of the appraisers, 
the Court shall award costs against the party not applying ; 
in both cases the judgment shall be made up agreeably to 
the verdict or report of the committee, so far as respects 
damage, with or without a deduction of the costs, as the 
case may require, and execution shall issue accordingly. 

Sec 4. Be it further enacted, That when the said canal 
shall be completed, and having the approbation of the 
Court of Sessions for the county of Oxford, or to the ac- 
ceptance of a committee appointed by the said Court, the 



PLYiMPTON FAC. COMPANY. Feb. 27, 1813. 191 

said Proprietors shall have a right to demand and receive j^j^ receive 

toll lor all articles transported on the said canal, and to or toll. 

retain them or any part of them, until payment shall be 

made ; and the following shall be the rates of toll, viz. 

for each board log, mast or spar, passing a slip or lock, 

one cent each ; for each thousand of boards, planks and 

slit work, three cents ; for each thousand of clap-boards 

and shingles, one cent each ; and in all cases one cent 

shall be paid for the use of the canal, for each of the said 

articles. 

Sec. 5. Be it further enacted^ That the said Proprie- 
tors shall be, and they are hereby authorised to purchase 
and hold real estate, to them, their heirs and assigns, to y^ j^^j^ 
the amount of three thousand dollars, and personal estate, estate. 
to the amount of one thousand dollars ; and in all meet- 
ings of the said Proprietors, the votes shall be counted and 
determined according to the number of shares, and inter- 
est held Ijy each Proprietor, either in person or by proxy. 

Sec 6. Be it further enacted^ That on tlie application 
of either of the said Proprietors, any Justice of the Peace 
for the county of Oxford is hereby authorised to issue a .Tustice au- 
warrant duxcted to one of the said Proprietors, requirinar ?'^"^^'"^ ""'* 
hmi to notiiy and call a meetmg oi the said Proprietors, rant, 
at such time and place as shall be appointed in the said 
warrant, to organize the said Corporation, by the election 
of its officers, to agree upon a mode of notifying future 
meetings, to establish their rules and regulations of doing 
business, and to act upon any other matter expressed in 
said warrant. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXIII. 

An Act to establish The Plympton Cotton Factory Com- 
pany. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That Zachariah Eddy, Ebenezer „ 

. , • "^ *crsons in- 

Deane, William Goodwin, Joshua Eddy, jun. Jonathan corporatcd. 
Parker, jun. Levi Bradford, jun. W. S. Eddy, Robert 
Blair, Martin Hayward, Josiah White, Danisl Parker, 



192 HAMPSHIRE DIVIDED. Feb, 27, I8II 

Isaac Wright, Isaac Bartlett, James Ciishman, Ezra 
Weston, Ezra Weston, jiin. Beijan)in Biiiings, Nathan- 
iel Eddy, Greenleaf Pratt, Josiah Cook, jun. Dan \\ il- 
marth, Ephraim Edson, and Barzillai Crane, together 
with such others as may associate with them, their suc- 
cessors and assigns, be, and they hereby are made a Cor- 
poration, by the name of The Pi\ mpton Cotton Manu- 
facturing Company, for the purpose of manufacturing 
cotton, wool and lirien yarn and cloth, in Plympton, in 
the county of Plymouth ; and shall have all the powers 
and privileges, and shall be subject to all the duties and 
requirements prescribed in an act entitled, "An act defin- 
ing the general powers and duties of manufacturing Cor- 
porations," passed the third day of March, eighteen hun- 
dred and nine. 

Sec 2. Be it further enacted^ That said Corporation, 
in their corporate capacity, shall and may lawfully hold 
dsfaS ^^ and possess such real estate, not exceeding fifty thousand 
dollars, and personal estate, not exceeding fifty thousand 
dollars, as may be necessary and convenient for carrying 
on said manufacture in their various branches as afore- 
said. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXIV. 

An Act in further addition to an act, entitled, "An act to 
divide the county of Hampshire, and to constitute the 
northerly part thereof mto a county, by the name of 
the County of Franklin." 

Sec. 1. JDE it enacted by the Senate and House of 

Representatives in General v ourt assembled^ and by the 

Entitled to ^"^'^''^^^^ o/" the Same, I'hat the county of Franklin shall 

due proper- be entitled to such due proportion of all the monies and 

tion of mon- credits of the county of Hampshire, at the time the act 

credits. to which this is in addition took effect, which remained 

after the payment of the debts, then due and owing from 

the said county of Hampshire, as the amount assessed 

upon the several towns in the said county of Franklin, in 

the last county tax assessed upon them, while they con- 



HAMPSHIRE DIVIDED. Feb: 27, 1813. 193' 

stitiited a part of said county of Hampshire, bore to the 
whole assessment ; and the Treasurer of the said county 
of Hampshire is authorised and required to pay the same 
over to the Treasurer of the said county of Franklin ac- 
cordingly. 

And to the end, that a just and equitable distribution 
of such monies and credits, at the several times, when 
the laws establishing the counties of Franklin and Hamp- 
den took effect, may be made, and that the due proportion 
of the counties of Franklin and Hampden therem may be 
ascertained : 

Sec 2. Be it further enacted, That the Justices of 
the several Courts of Sessions for the counties of Hamp- 
shire, Franklin and Hampden, be, and they hereby are 
authorihed and directed, at the Courts first by them re- 
spectively holden after the passing of this act, to appoint ^p^p^ofnt com- 
one commissioner each, and it shall be the duty of the missioners. 
commissioners, so appointed, to meet at Northampton as 
soon as may be after their appointment, and examine the 
accounts of the Treasurer of the said county of Hamp- 
shire, and compute and adjust the equitable share of each 
of said counties, in said monies and credits, according to 
the proportion provided in the first section of this act ; 
and if upon such examination and adjustment, it shall 
appear that more than the equitable proportion of the said 
county of Hampden, in the said monies and credits, has 
been paid into the treasury therof, the same shall be reim- 
bursed to the said county of Hampshire, according to the 
justice and equity of the case. 

Sec 3. Be it further enacted. That so long as the Su- 
preme Judicial Court shall be holden at Northampton, for 
the counties of Hampshire, Franklin and Hampden, each 
of the said counties shall be holden to bear one third part 
of the expense of the Grand and Traverse Juries for said 
Court, to be paid out of their respective county treasuries; 
[] Approved by the Governor, Feb. 27, isiS.] 



194 NAMES ALTERED. Feb. 27, 1813. 



CHAP. CXXV. 

An Act to alter and change the names of certain persons 
therein mentioned, and lor other purposes. 



B 



*E it enacted by the Senate and House of 
Representatives in Ge'ieral Court assembled^ and by the 
authority of the same, That from and after the passing of 
this act, Samuel White, of Boston, in the county of Suf- 
folk, shall be allowed to take the name of Samuel Kellogg 
White ; that Mary Leo Grifiith, daughter of the w'.dcjw 
Mary Griffith, of the same Boston, shall be allowed to 
take the name of Mary Elizabeth Newall Griffith ; that 
Names alter- •^"^"''is^on Browu, of Boston aforesaid, jeweller, son of 
«ct Robert Brown, late of Plymouth, in the county of Plym- 

outh, deceased, shall be allowed to take the name of 
Robert Johnston Brown ; that Abiah Williams, of said 
Boston, shall be allowed to take the name of Maria Wil- 
liams ; that Charles Parsons, of Boston aforesaid, mer- 
chant, shall be allowed to take the name of Charles 
Chiiuncy Parsons ; and all acts heretofore lawfully done 
by the said Parsons, in the name of Charles Chauncy 
Parsons, are hereby ratified and confirmed ; that Lucy 
Ann Junes Whitwell, an infant daughter of Benjamin 
Whitwell, Esq. of the same Boston, shall be allowed to 
take the name of Lucy Gushing Whitwell ; that James 
Dickinson, of said Boston, comedian, shall be allowed to 
take the name of James Amos Dickson ; that Ebenezer 
Baker, of Bos'^on aforesaid, son of I'^benezer Baker, kite 
of Dorchester, in the county of Norfolk, deceased, shall 
be allowed to take the name of Ebenezer Richard Baker ; 
that William Wyer, of the same Boston, mariner, shall be 
allowed to take the name of William Fitzpatrick Wycr ; 
that George Hall, of said Boston, son of Dr. George H. 
Hall, late of Brattleboro', Vermont, deceased, shall be 
allowed to take the name of George Ward Hall ; that John 
Browne, of Salem, in the county of Essex, cordwainer, 
shall be allowed to take the name of John D. Browne ; 
that John Smith, jun. of Newburvport, in said county of 
Esssex, merchant, son ot Leonard Smith, of the same 
Newburyport, shall be allowed to take the name of John 



MILITIA. Feb. 27, 1813. 195 

Augustus Smith ; tliat Salvador Sabute, of Cohasset, in 
the county of Norfolk, shall be allowed to take the name 
of Samuel Snow; that William Leonard, jun. of Plym- 
outh, in the county of Plymouth, son of Nathaniel Leon- 
ard, Esq. of Taunton, in the county of Bristol, shall be 
allowed to take the name of William B. Leonard; that 
Harry Sargent, of Leicester, in the county of Worcester, 
gentleman, shall be allowed to take the name of Henry 
Sargent ; that Albert Lamberton, commonly called Albert 
Lewis, a minor and godson of Darius Lewis, of Egie- 
mont, in the county of Berkshire, shall be allowed to take 
the name of Albert Lewis ; that Jesse Hunter, of Becket, 
in said county of Berkshire, yeoman, shall be allowed to 
take the name of John Larkin Hunter ; that Pardon Ship- 
pey, otherwise called Pardon Trask, of Cheshire, in the 
county of Berkshire aforesaid, yeoman, shall be allowed 
to take the name of Pardon Lincoln ; that Harvey Need- 
ham, of South Brimfield, in the county of Hampden, 
gentleman, shall be allowed to take the name of James 
Harvey Necdham ; that John Tompson, the fourth, of 
Berwick, in the county of York, shall be allowed to take 
the name of John S. Tompson ; that Abel Prescott 2d. 
of Concord, in the county of Middlesex, son of the late 
Willoughby Prescott, of the same Concord, deceased, 
shall be allowed to take the name of Abel Hey wood Pres- 
cott ; and the several persons before named, from the 
tiine of the passing of this act, shall be called and known 
by the names, which by this act they are respectively 
allowed to take and assume as aforesaid ; and the said 
names shall forever hereafter be considered as their only 
proper and legal names, to all intents and purposes. 
[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXVL 

An Act in addition to an act, entitled, "An act for regu- 
lating, governing and training the militia of this Com- 
monwealth." 



'E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
Bb 



196 IPSWICH RIVER. Feb. 27, 1813. 

authority of the same^ That if the Selectmen of any town 
in this Commonwealth shall neglect or refuse to perform 
the duties required of them in the ninth and twenty-third 
sections of an act, entitled, an act for regulating, govern- 
ing and training the militia of this Commonwealth, every 
Selectman, so neglecting or refusing, shall forfeit and pay 
to the use of the Commonwealth, a sum, not exceeding 
how^'reccTv- ^'% dollars, to be recovered by indictment in the Supreme 
ered. Judicial Court, any Circuit Court of Common Pleas, or 

any Court of Common Pleas, for the counties of Nan- 
tucket and Duke's county. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXVII. 

An Act in addition to the several acts to prevent the de- 
struction of alewives and other fish in Ipswich river. 

Sec 1. X3E 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 time for the passage way or ways to be kept 
open, for the fish to pass and repass through any mill dam 
or dams now erected, or to be hereafter erected on the 
stream running from Humphrey's pond, so called, into 
said Ipswich river, shall be from the tenth day of May to 
Passage ^^ tenth day of June annually, any thina: in the before- 

ways, when . -^ , •'' ■^. , *^ ,. 

kept open, mentioned acts to the contrary notwithstandmg. 

Sec. 2. Be it further enacted^ That the agent ap- 
pointed hy The Danvers Cotton Factory Company shall 
always be one of the fish committee provided for in the 
acts to which this is in addition and amendment. 

[Approved by the Governor, Feb. 27, 1813.] 



METHODIST SOCIETY. Feb, 27, 1813. 19? 



CHAP. CXXVIII. 

An Act to incorporate a religious society, by the name of 
The Eastern Methodist Society in Lynn. 



Sec. 1. AjE, it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Parker Mudge, Joseph In- 
gails, James Clough, Samuel Mudge, Daniel Fuller, 
Jonathan Ingalls, Ahner Ingalls, Robert iViansfield, 
Ephraim Brown, William Ashton, Robert Mansfield, jun. 
Edmund Lewis, jun. John Ireson, Ezra Mudge, George 
Hamlin, Benjamin N. Hallowell, Thomas Vickery, John 
Lewis, Nathaniel Ingalls, John Chase, John Lewis, jun. 
Ebenezer Tarbox,jun. James Lewis, Nathaniel Lewis, 
Samuel Ashton, Samuel Ashton, jun. Joseph Lewis, Ben- 
jamin Lewis, jun. Nathaniel Parrott, Hepzibah Parrott, 
James Parrott, jun. Hannah Parrott, Theophilus Burrell, 
Isaac Proctor, Nathan Mudge, jun. Samuel Ireson, Jacob 
Ingalls, John Ingalls, 4th. Jacob Jackson, Mark Graves, Persons ijj.- 
John Ingalls, jun. William Parrot, William Marshall, corporated. 
Eleazcr Ingalls, Joseph Fuller, jun. Henry Segar, Joseph 
Richards, Joseph Richards, jun. Jacob Phillips, Theophi- 
lus Clark, Joseph Blancy, jun. Richard Hanford, Joseph 
Currier, Micajah Burrell, James Bickford, Theophilus 
Burrel, jun. Nathan Mudge, Zachariah Atwell, Peter G. 
Robbins, Edward Ingalls, William Phillips, John Gib- 
bons, Rufus Parrott, Ebenezer Burrell, jun. James F. 
Lewis, John Richards, jun. Jacob Ingalls, jun. Peter 
Barry, John D. Atwell, Timothy Newhall, Enoch Mudge, 
jun. Benjamin Stone, Marshall Brown, Jonathan Chase, 
Daniel C. Watts, John Brown, John Mansfield, Joseph 
Ingalls, jun. Joseph Lewis jun. Joseph Mudge, jun. Ca- 
leb Stoncr, Jesse L. Atwell, Abijah Ramsdale, jun. Rich- 
ard Richards, John Richards, 3d. William Ingalls, Stephen 
Lewis, Robert Mc. Farlain, Ezra Brown, jun. Jonathan 
Tuttle, Blaney Lewis, Nathan Lewis, and Leonard Co- 
burn, with such others as shall hereafter associate with 
them, together with their families and estates, be, and 
they hereby are incorporated into a religious society, by 
the name of The Eastern Methodist Society in Lynji, 



\98 METHODIST SOCIETY. Feb. 27, 1813. 

with all the pov/ers, privileges and immunities, to which 
all other parishes within this Commonwealth are by law 

Proviso, entitled : Provided however. That the persons set off as 
aforesaid, shall be holden to pay their proportion of all 
monies assessed in each of the other religious societies in 
said town, for p rochial purposes, to which he or she 
formerly belonged. 

Sec. 2. Be it further enacted. That the said Corpo- 
ration may hold the lot of land, whereon they have 

May hold lately built a meeting-house, together with said meeting- 
esuie. house, and such other estate, real and personal, as the 

Corporation shall determine to own : Provided, that the 
annual income of the whole estate of the Corporation, be- 
side the meeting-house and land under it, shall not ex- 
ceed two thousand dollars ; and the said Corporation may 
sue and be sued by its corporate name, and may make and 
use a common seal, and break and alter it at pleasure ; and 
may make any by-laws for the government thereof, and 
for the management of the corporate property, that a 
major part of the members present (calculating according 
to their respective interests as is hereafter set forth) shall 

Proviso, think best : Provided^ the same are not contrary to the 
constitution and laws of this Commonwealth. 

Sec. 3. Be it further enacted, That the proprietors 
or owners of the pews in the meeting-house, belonging to 
said Society, shall be solely authorised and empowered to 
vote in, and manage the concerns of said Corporation, and 
they, with their families and estates, and not the persons 
who occasionally hire pews or seats in said house, 
shall be liable to all asseesments or taxes for the 
charges of the said paaish ; and in all cases two votes and 
no more may be given in the right of each pew, and the 

May assess Said Corporation are hereby authorised to raise by an as- 

••^^s- sessment on the pews in said meeting-house, such sum 

and sums of money for the maintenance of a minister or 
ministers, for repahung the meeting-house, and for de- 
fraying the other expenses of public worship, with inci- 
dental charges, as the aforesaid voters shall agree on at a 
legal meeting to be called for that purpose. 

Sec 4. Be it further enacted, That if any proprietor 
of such pew or pews shall neglect to pay any assessment 
which shall be legally made thereon as aforesaid, for one 
year after the same shall have been made, the Treasurer 



ROXBURY. Feb. 27, 1813. 199 

of the said Corporation, for the time being, shall be au- 
thorised and empowered to sell and convey all the estate, Treasurerte 

,. i p II" ^-^-i sell snares. 

share and mtercst of such deUnquent proprietor m the 

said Corporation, at public auction, first giving notice 
thereof, fourteen days at least previous to the sale, at the 
door of the said meeting-house ; and upon such sale to 
execute a good and sufficient deed or deeds thereof to the 
purchaser; and after deducting die amount of such de- 
linquent's assessment, together with legal interest thereon 
from the time the same was made, and all incidental 
costs and charges, the Treasurer shall pay the surplus, if 
any there be, to such delinquent proprietor. 

Sec 5. Be it further enacted. That when any mem- 
ber of the said Eastern Methodist Society shall see cause 
to leave the same, notice must be given by him or her to jeavf^" ^\^^ 
the Clerk of said Society, of such an intention ; and in every Society. 
case, such person shall be held to pay his or her propor- 
tion of all parochial expenses incurred previous to the 
leaving said Society. 

Sec 6. Be it further enacted. That any Justice of the justice t« 
Peace in the county of Essex is hereby authorised, upon 
application of rhree of the said Society, to issue a warrant 
for calling die first meeting of said Society, to be directed 
to some uiember of said Society, to be served as in said 
warrant shall be directed ; and said Society may, at said 
meeting, agree upon a method of calling future meetings. 
[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXIX. 

An Act to annex Jason Hartshorn and others to the Third 
Parish in Roxbury. 



issue 
rant. 



'E it enacted by the Senate and House of 
Jiepresentatives in General Court assembled, and by the 
authority of the same, That Jason Hartshorn, Joseph 
Heath, Josiah Foster, Jonathan Smith, Paul Gore, Isaac 
Davis, jun. James Watson, Elisha Seaverns, Aaron Kings- 
bury, Sears Hearsey, and Ebenezer Hearsey, with their 
families and estates, be, and they are hereby set off from get oft. 
the first, and annexed to the third parish in Roxbury : 
Provided, Th^t each of the persons herein named shall be 



> 



200 PAPER. Feb, 27, 1813, 

holdcn to pay his respective proportion of taxes assessed 
upon him, and due to the suid first parish, prior to the 
date of this act. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXX. 

An Act regulating the packing and selling of paper withift 
this Comnionvveulth. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, Tiiat all paper, excepting press 
paper, bonnet paper, and such as is usually sold by weight, 
which from and after the first day of May next, shall be 
madeoroflered for sale within this Commonweulih, shall be 
packed in reams or parts of reams, each ream containiiig 
Paper to be ^^^^"^y quires, and each quire twenty-four sheets, and 
stamped. cach package or parcel shall be stamped with the name of 
the manufacturer or manufacturers, and his or their place 
of residence, and also with the quantity of paper each 
package or parcel shall contain. 

Sec 2. Be it further enacted. That any and every 
person so making and oflfermg for sale, or selling paper 
not packed and stamped as aforesaid, or which shall not 
contain the quantity so stamped thereon, shall for each 
penalty ofFcnce forfeit and pay the sum of four dollars, for each 
package so offered for sale or sold, to be recovered in an 
action of debt, in any Court having jurisdiction to try the 
same, one moiety thereof to the use of the county in which 
such offence shall be committed, the other moiety 
thereof to the use of the person suing for the same, and 
all such paper not stamped as aforesaid, or which shall 
not contain the quantity so stamped thereon, shall also at 
all times be liable to be seized to the use of any person 
who may seize the same ; Provided, the person so seiz- 
ing shall within seven days after the seizure, commence 
his action as aforesaid, and shall prosecute the same to the 
recovery of the penalty aforesaid. 

[Approved by the Governor, F^b. 27, 1813.] 



LITERARY INSTITUTION. Feb, 27, 1813. 201 



CHAP. CXXXI. 

An Act to establish a Literary Institution in the District 
of Maine, within this Commonwealth. 

Sec. 1. X3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That there be erected and estab- 
lished in the District of Maine, in the township hereafter .^"ur^K^N"" 

IT- y..',,, * r ^ established. 

mentioned, a Literary Institution, for the purpose of edu- 
cating youth, to be called and known by the name of The 
Miine Literary and Theological Institution, to be under 
the government and regulation of a body politic, as in 
this act is hereafter described. 

Sec. 2. Be it further enacted. That Daniel Merrill, 
Caleb Blood, Sylvanus Boardman, Thomas Green, Rob- persons in- 
ert Low, Benjamin Titcomb, Thomas Francis, Ranson corpowted. 
Norton, Daniel Mc. Masters, Hon. James Campbell, 
Samuel Stinson, John Hovey, David Nelson, Alford 
Richardson, John Haynes, Samuel Baker, Joseph Bailey, 
Phineas Pilsbury, Hezekiah Prince, Moses Dennitt and 
John Neal, together with the President and Treasurer of 
the said Institution for the time being, to be chosen as in 
this act is hereafter directed, be, and hercljy are erected a 
body politic and corporate, by the name of The President 
and Trustees of the Maine Literary and Theological In- 
stitution ; and that they and their successors, and 5^uch 
others as shall be duly elected members of the said Cor- 
poration, shall be and remain a body politic and corporate, 
by that name forever. 

Sec. 3. Be it further enacted, That for tlie more or- 
derly conducting the business of the said Corporation, 
the President and Trustees shall have full power and aw- », 
thority, from time to time as they shall determine, to elect officers 
a Vice-President, Treasurer and Secretary of said Corpo- 
ration, and to declare the tenure and duties of their re- 
spective offices, and also to remove any Trustee from the 
said Corporation, when in their judgment he shall be 
rendered incapable by age or otherv.ays, of discharging 
the duties of his office, and to fill up all vacancies in the 
swid Corporation, by electing such persons for Trustees 



oose 



. _. i»_. 



202 LITERARY INSTITUTION. Feb. 27, 1813. 

rroviso. as they shall judge best: Provided nevertheless^ That 
the number of the said Corparation, including the Presi- 
dent of the said Institution, and the Treasurer for the 
time being, shall never be greater than thirty-one, nor 
less than twenty-one. 

Sec. 4. Be it further enacted^ That the said Corpora- 
tion may have one common seal, which they may change, 
break or renew, at their pleasure ; and that all deeds 
signed and delivered by the Treasurer, and sealed with 
their seal, by the order of the Corporation, shall, when made 
in their corporate name, be considered in lavv, as the deed 
of the said Corporation ; and that the said Corporation 
may sue and be sued, in all actions real, personal and 
mixed, and may prosecute and defend the same to final 
judgment and execution, by the name of The President 
and Corporation of the Maine Literary and Theological 
Institution ; and that the said Corporation shall be capable of 
having, holding and taking in fee simple, or any less es- 
tate, by gift, grant, devise or otherwise, any lands, tene- 
ments or other estates real or personal : Provided never- 
Proviso theless^ That the annual clear income of the same shall 
not exceed the sum of thirty thousand dollars. 

Sec 5. Be it further enacted^ That the said Corpora- 
tion shall have full power and authority to determine at what 
times and places their meetings shall be hoiden, and on 
the manner of notifying the Trustees, to convene at such 
meetings, and also Irom time to time, to elect a President 
and Treasurer of said Institution, and such Professors, 
Tutors, Instructors, and other officers of the said Institu- 
tion, as they shall judge most for the interest thereof ; and 
to determine the duties, salaries, emioluments and tenures 
of their several officers aforesaid ; . The said President 
for the tirae being, when elected and inducted into his 
office, to be ex-officio, President of the said Corporation ; 
and the said Corporation are further empowered to pur- 
chase or erect and keep in repair, such houses and other 
May pur- buildings, as they shall judge necessary for the said In- 
chase build- stitution, and also to make and ordain, as occasion may 
'"^^* require, reasonable rules, orders and by-laws, not repug- 

nant to the laws of this Commonwealth, with reasonable 
penalties for the good government of said Institution, and 
also to determine and prescribe the mode of ascertaining 
the qualifications of the students requisite to their ad- 



LITERARY INSTITUTION. Feb, 27, 1813. 203 

mission : Provided nevertheless, 'i^hat no corporate busi- 
ness shall be transacted at any raeeting, unless thirteen at 
least of the Corporation are present. 

Sec. 6. Be it further enacted^ That the clear rents, 
issues and profits of all the estate, real and personal, of Estate, how 
which the said Corporation shall be seized or possessed, ^PP^opnat. 
shall be appropriated to the endowment of the said Insti- 
tution, m such manner' as shall most effectually promote 
virtue and piety, and a knowledge of such of the lan- 
guages, and of the liberal arts and sciences, as shall be 
hereafter duected from time to time by the said Corpo- 
ration. 

Sec 7. Be it further enacted. That the Hon. John 
Woodman, Esq. be, and he is hereby authorised and First meet- 
empowered to fix the time and place for holding the first ing* 
meeting of the said Corporation, of which he shall give 
notice by an advertisement in a Portland, and one other 
eastern news- paper, at least fourteen days previous to the 
time of said mcetin£>\ 

Sec. 8. Be it further enacted, That the Treasurer of 
said Corporation shall, before he enters upon the execu- Tieasurerto 
tion of the duties of his ofiice, give bonds to the said ^^^'^ bonds. 
Corporation, in such sums and with such sureties as they 
shall approve of, conditioned for the faithful discharge of 
the said ofiice, and for rendering a just and true account 
of his doings therein, when required ; and that all the 
money, securities and other property of the said Corpora- 
tion, together with all the books in which his accounts 
and proceedings as Treasurer were entered and kept, that 
shall be in his hands at the expiration of his office, shall, 
upon demand made upon him, his executors or adminis- 
trators, be paid and delivered over to his successor in that 
office, and all monies recovered by virtue of any suit at 
law, upon such bond, shall be paid over to the Corpora- 
tion aforesaid, and subjected to the appropriation above 
directed in this act. 

Sec. 9. Be it further enacted. That the Legislature of 
this Commonwealth may grant any further powers to, or al- 
ter, limit, amml or restrain any of the powers by this act 
vested in the said Corporation, as shall be judged neces- 
sary to promote the best interests of the said Institution ; 
and the said Corporation shall be holden to render an ac- 
count to the Legislature, wiv/never they shall see fit to 
C c 



204 CHATHAM. Feb. 27, 1813. 

require it, of all their proceedings, and the manner of 
disposing of the funds of said Institution. 

Sec. 10. Be it further enacted^ That there be, and 
hereby is granted a township of land six miles square, to 
sranted. be laid out and assigned from any of the unappropriated 
lands belonging to this Commonwealth, in the District of 
Maine, under ihe same restrictions, reservations and limit- 
ations, as other grants, for similar purposes, are now 
usually made ; the same to be vested in the Corporation 
of said institution, and their successors forever, for the 
use, benefit and purpose of supporting said Institution, to 
be by them holden in their corporate capacity, with full 
power and authority to settle, divide and manage the same 
tract of land or township, or any part thereof, or to sell, 
convey or dispose of the same, for settlement only, and to 
no one person a larger quantity than one thousand acres, 
in such way and manner, as shall best promote the wel- 
fare of said Institution ; the same to be laid out under the 
direction of the committee for the sale of eastern lands, and 
a plan thereof returned to the Secretary's office, within 
three years after the expiration of the present war with 
Great-Britain. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXXII. 

An Act to preserve and regulate the eel fishery in the 
town of Chatham. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives i7i General Court assembled, and by the 
authority of the same. That from and after the first day 
of September next, it shall not be lawful for any person 
not an inhabitant of the town of Chatham, to take within 
the limits of said town, any eels, without a permit in 
writing from the major part of the selectmen of the said 
town, expressing the name of the person, and the quantity 
permitted to be taken ; and every person so offending 
shall forfeit and pay for every dozen so taken, the sum of 
^^^^y- twenty -five cents ; Provided nevertheless. That the major 
part of the selectmen for the time being shall have power 



MUNICIPAL COURT. 



Feb. 27, 1813. 



205 



to give permits in writing^ to any person to take eels in 
said town of Chatham, at buch times and in such quanti- 
ties as they shall deem reasonable, and express in their 
permit : Provided also. That every inhabitant of said Proviso, 
town of Chatham without such permit, shall have a 
right to take eels within the limits of said town for 
the use of his family. 

Sec. 2. Be it further enacted, That if any boat, cart, 
sled, horse or craft, shall be found within the lim- 
its of said town of Chatham, and not owned therein, with 
any eels taken within the limits of the said town, without 
a permit as aforesaid from the selectmen, it shall be lawful 
for any of the fish wardens, or for any inhabitant or in- 
habitants of the town of Chatham, to seize and detain the 
same, not exceeding twenty-four hours, in order that the 
same, if need be, may be attached or arrested by due 
process of law, in that time to answer the said fines and 
forfeitures, with cost of suit. 

Sec 3. Be it further enacted, That all fines and for- Fines and 
feitures which may be incurred thereby, shall enure one forfeitures, 
half to him or them who may sue for the same, and the 
other half to the said town of Chatham ; and the same 
shall be recovered with legal costs of suit, in an action 
of debt, before any Justice of Peace for the county of 
Barnstable not interested therein. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXXill. 



An x\ct to enlarge the Jurisdiction of the Municipal Court 
in the town of Boston. 



B 



'E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the Municipal Court in the 
town of Boston shall have original jurisdiction concurrent 
with the Supreme Judicial Court, of all crimes and offences 
arising or happening withni the county of suftblk, not 
capital ; and the said Municipal Court shall and may ex- 
ercise such jurisdiction, any law, usage or custom, to the 



206 REPRESENTATIVES. Feb. 27, 1813. 

contrary notwithstanding ; saving to any party the right 
of appeal to the said Supreme Judicidl Court, as is now 
prov ided by law in other cases. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXXIV. 

An Act authorising certain punishments in cases therein 

mentioned. 



B 



'E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That whenever any person or 
persons shall or may be prosecuted to conviction before 
the Supreme Judicial Court of this Commonwealth, for 
any crime or misdemeanor, which is now by law punish- 
able by whipping, standing in the pillory, sitting on the 
gailows, or imprisonment in the common gaol of the 
county, such Court may, at their discretion, in cases not 
Punishment already provided for, in lieu of the punishments aforesaid, 
altered. order and sentence such convict or convicts to suffer 
solitary imprisonment, for a term not exceeding three 
months, and to be confined to hard labour, for a term not 
exceeding live years, according to the aggravation of the 
offence. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXXV. 

An Act to prevent towns from choosing and returning 
more than their constitutional number of Representa- 
tives. 



Sec 1. -OE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That every town in this Com- 
monwealth, which shall in any year, choose and return a 
Representative to the House of Representatives in the 
General Court, when it shall not be constitutionally en- 



TURNPIKE CORPORATION. Feb. 27, 1813. 207 

titled to a Representative ; and every town in tliis Com- 
monwealth, which shall in any year elect and return to the 
House of Representatives in tl«; General Court, a greater 
number of Representatives, than such towns shall be con- 
stitutionally entitled to, shall forfeit and pay a sum not 
less than one hundred dollars, nor more than three thous- 
and dollars, at the discretion of the Court belore whom 
the conviction may be had, for each and every such Rep- 
resentative so unconstitutionally elected and returned. 

Sec. 2. Be it further enacted^ That the fines and for- 
feitures mentioned in this act shall and may be recovered fines, how 
by information or indictment before the Supreme Judicial ^^''°^'^ 
Court, Circuit Court of Common Pleas, or Court of 
Common Pleas for the county of Duke's county, holden 
in and for the counties respectively, in which any town 
may be, incurring the penalties of this act ; one half 
whereof shall enure to the use of the complainant who 
shall prosecute therefor, and the other to the use of the 
Commonwealth. 

Sec 3. Be it further enacted^ That every and all pen- 
alties, fines and forfeitures, which may accrue by virtue 
of any breach of this act, in the town of Boston, in the 
county of Suffolk, shall be prosecuted as aforesaid, either 
before the Supreme Judicial Court, or Circuit Court of 
Common Pleas, to be holden in and for the county of 
Middlesex, and every and all penalties, fines and forfeit- 
ures, which may accrue by means of any breach of this 
act, in the town of Nantucket, shall and may be prose- 
cuted as aforesaid, either before the Supreme Judicial 
Court, or Circuit Court of Common Pleas, to be holden 
in the county of Suffolk. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXXVI. 

An Act establishing The Taunton and Dighton Turnpike 
Corporation. 

Sec 1. JJE it enacted by the Senate and House of 
Representatives in General Court asseinbledy and by the 
authority of the same, That Thomas S. Baylies, Samuel Persons in- 
Crocker, Hilliard Earl, James Sproat, Job'W. Hall and corporated. 



208 TURNPIKE CORPORATION. Feb. 27, 1813. 

John West, together with such persons as have associated 
or may hereafter associate with them, their successors and 
assigns, be, and they hereby are made a Corporation, by 
the raanie of The Taunton and Dighton Turnpike Corpo- 
ration, for the purpose of laying out and making and 
keeping in good repair a turnpike road, beginning at or 
near Taunton Green, in the town of Taunton, in the 
county of Bristol, thence proceeding on the most favour- 
able route to Warren, in the State of Rhode Island, so 
far as this Commnnwealth extends ; and for this purpose 
shall have all the powers and privileges, and be subject to 
all the duties, requirements and penalties contained in an 
act entitled, " An act defining the general powers and 
duties of turnpike Corporations," passed the sixteenth 
day of March, one thousand eight hundred and five. 

Sec 2. Be it further enacted. That the Proprietors 
of the said turnpike shall be allowed to erect and keep 
two gates, and shall be entitled to demand and receive the 
Rates of toll, following rates of toll at said gates, viz. for each coach, 
chariot, phaeton or other four wheel carriage, for pleasure 
or travelling, drawn by two horses, twenty-five cents, and 
if drawn by more than two horses, two cents for each ad- 
ditional horse ; for each cart or waggon, drawn by two 
horses or oxen, ten cents, and if by more, one cent for 
each additional beast ; for every sled or sleigh, drawn by 
two horses or oxen, eight cents, and one cent for each 
additional beast ; for every cart, w^aggon, truck, sled or 
sleigh, drawn by one horse only, six cents ; for every 
curricle, fifteen cents ; for every chaise, chair, sulkey or 
other carriage for pleasure, drawn by one horse, twelve 
and an half cents ; for every man and horse, four cents ; 
for all horses, mules or neat cattle, led or driven, not in 
teams or carriages, one cent each ; and for all sheep or 
swine, at the rate of three cents by the dozen. 

Sec 3. Be it further enacted. That said Corporation, 
shall not, without the consent of the owner or owners of 
any land over which said road shall pass, throw open the 
fences or other enclosures upon the same, or make said 
road, or in any way injure the property of any owner or 
owners of such lands, until the damages done by the pass- 
ing of said road through such land, shall have been first 
^Q*^°"g^g"^® ascertained by a committee, who may by law be -author- 
damages, ised to assess the same, and such damages, so assessed, 



LISBON BRIDGE. Feb. 27, 1813. 209 



Proviso. 



Persons in- 



shall have been paid or tendered to the person entitled to 
receive the same : Provided however. That nothing herein 
contained shall be construed to prevent said Corporation, 
their agents or servants, from entering on any land to 
survey or lay out the same. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXXVII. 

An Act for incorporating certain persons for building a 
bridge over Androscoggin river, between Lisbon and 
Durham, and for supporting the same. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same^ That Ezekiel Thompson, Nathan 
Nye, Samuel Holbrook, Nathan Wesson, Jacob Johnson, 
Daniel Dunham, James Johnson, Thomas Means, Cor- 'r!*^°"M'!i' 
nehus Dilhngham, Joseph Lufkm, Solomon Dennison, 
Samuel Talbert, James W. Purrington, Thomas Roberts, 
Melvin Stow, Isaac Tibbctts, Paul C. Tibbetts, John 
Tibbetts, Benjamin Whitney, jun. Joseph Woodward and 
William Woodward, be, and they are hereby constituted 
a Corporation and body politic, for the purpose of build- 
ing and supporting a bridge over Androscoggin river, 
between Lisbon and Durham, so long as they shall con- 
tinue to be proprietors in the fund to be raised for that 
purpose, together with all those who are or shall hereafter 
become proprietors of the said fund, under the name of 
The Proprietors of Lisbon Bridge ; and by that name 
may sue and prosecute, and be sued or prosecuted to 
final judgment and execution, and do and suffer all other 
matters and things, which bodies politic may and ought 
to do and suffer, and that said Corporation shall and may 
have full power and authority to make, have and use a 
common seal, and the same to break and alter at pleasure. 

Sec. 2. Be it further enacted^ That Ezekiel Thornp- 
son, Nathan Nye, and Samuel Holbrook, or any two of 
them, may, by posting up advertisements in the towns of 
Lisbon and Durham, in some public places, call a meet- ^^^ . . .,. 
ing of said Proprietors, to be holden at any proper place, meitinV 



210 LISBON BRIDGE. Feb. 27, 1813. 

after fifteen days from the posting up said advertisements j 
and the Proprietors, by a vote of the majority of those 
present or represented at the said meeting, shall have 
May choose power to choosc a Clerk and such oihcr officers as may 
be deemed necessary ; to establish b}-laus, agree on the 
mode of calling future nieeti.,gs, and at the same or sub- 
sequent meetings, may transact tmy busir.ess lor the bene- 
Proviso. fit of said Corporation; Provided^ it be not repugnant to 
the constitution or laws of diis Commonweahh ; and this 
act, and all rules, regulations and voles of said Corpora- 
tion shall be fairly and truly recorded by the Clerk, in a 
book or books for that purpose. 

Sec. 3. Be it further enacted. That for the purpose of 
reimbursing said Proprieior^, the monies by them ex- 
pended, or that may hereafter be expended in building 
and supporting said bridge, a toll be, and is hereb\ gr:^inte(i 
Toll estab-and cstdblished, for the sole benefit of said Proprietors, 
hshed. according to the rates following, that is to say, ior each 
foot passenger, two cents ; for each person and horse, six 
cents ; for each chaise or suikcy, drawn by one horse, 
ten cents ; for each sleigh, drawn by one horse, six cents ; 
for each sleigh, drawn by two horses, seven cents ; for 
each coach, phaeton or curricle, twenty cents ; lor each 
cart or waggon, sled, or other carriage of burthen, drawn 
by one or two beasts, seven cents; and for eachaddiiional 
beast in the same team, one cent ; and ior each v. heel- 
harrow, hand-cart or other vehicle, capable of carryii.g a 
like weight with one person, three cents ; for neat cattle 
or horses, other tlian those rode or in carriages, or 
teams, one cent each ; for sheep and swine, at the rate of 
six cents the dozen ; and to eacli team, one person and 
no more shall be allowed as a driver, for the toll as estab- 
lished for teams. And at all times when the toll- gatherer 
shall not attend to his duty, the gate or gates shall be left 
open, and the said toll shall commence on the day of the 
opening said bridge f<ir passengers, and shall continue for 
Proviso. ^^^^ benefit of the said Corporation forever; Provided^ 
that after the term of thirty years, the rate of toll shall be 
subject to the regulations of Govennnent. 

Sec. 4. Be it further enacted^ That said bridge shall 
be well built, at least twenty-eight feet wide, of good and 
suitable materials, and be well covered with plank or 
timber suitable for such a bridge, with sufficient rails on 



FRESH POND MEADOWS. Feb. 27, 1813. 211 

each side for the safety of passengers, and the same shall 
be kept in good, safe and passable repair. And the Pro- 
prietors, at the place or places where the toll shall be 
received, shall erect and keep constantly exposed to view, 
a sign or board with the rates of toll, of all the tollable 
articles fairly and legibly written thereon, in large or 
capital letters. 

Sec. 5. lie it farther enacted^ That the place where gridg^ 
the bridge shall be built, shall be at or near the foot of the where built. 
Ten Mile Falls, so called, in the towns of Lisbon and 
Durham. 

Sec. 6. Be it further enacted^ That if the said Pro- 
prietors shall neglect, for the space of six years from the 
passing this act, to build and erect said bridge, then this 
act shall be void and of no effect. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXXXVIII. 

An Act in addition to an act, entitled, "An act to incor- 
porate The Proprietors of Fresh Pond Meadows, for 
the purpose of draining them." 



Sec 1. -DE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the satne, That the Proprietors of Fresh Pond 
Meadows may erect at the bridge on the county road 
between Cambridge and West Cambridge, and from , „ , 

*• . .• 1 . 1 • r 1 r Shall keep 

time to time, keep a gate or machine tor the pupose of agate, 
facilitating the draining the Fresh Pond Meadows (so 
called) in the towns of Cambridge and West Cambridge ; 
Provided, that the said gate or machine may be kept open Prov^ffo. 
by the selectmen of either of the towns of Cambridge or 
\Vest Cambridge, from the first day of March to the 
fifteenth day of June, in each and every year, for the free 
passage of fish. 

Sec 2. Be it further enacted. That if it shall be 
found that the time aforesaid is not sufficient for the free 
passage of shad and alewives, that on the application of 
the selectmen of cither of the towns of Cambridge or 
West Cambridge, the Court of Sessions, for the county 
Dd 



212 



JUDGE OF PROBATE. 



Feb, 27, 1813. 



of Middlesex, may direct that the said gate or machine 
shall be kept open for such further time as may be deemed 
necessary for the preservation of said fish. 

Sec. 3. Be it further enacted^ That if any person shall 

wilfully destroy, injure or impede the operation of the 

said gate or machine, the person so oftVnding, shall forfeit 

and pay for each offence, a sum not exceeding one hun- 

Penaity in j^.^^ dollars, nor less than twenty dollars, to be recovered 

case 01 wil- ' J 1 w 1 

fill injury, before any Court proper to try the same, one halt to the 
use of the informer, and the other half to the use of the 
Proprietors of the Fresh Pond Meadows aforesaid. 
[Approved by the Governor, Feb. 27, 1813.] 



Proviso. 



CHAP. CXXXIX. 

An Act making further allowance to the Judge of Probate 
for the county of Cumberland, for his service in that 
office. 

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 twenty- 
sixth day of February, one thousand eight hundred and 
eleven, the Treasurer of the county of Cumberland, be, 
and he hereby is authorised and directed to pay to the 
Judge of Probate for the county of Cumberland for the 
time being, such sum as, together with the fees of office, 
shall be equal to three hundred dollars per annum ; Pro- 
vided, That the said Judge shall keep an account of all 
fees by him taken in said office, and shall present said 
account, attested by the Register of Probate, to the 
Treasurer of said county, at the end of each year. 
[Approved by the Governor, Feb. 27, 1813.] 



BANKS. i^«?^.27, 1813. 21: 



CHAP. CXL. 

An Act directing the mode and time of making- returns 
of the several incorporated banks in this Commonwealth 
to his Excellency the Governor and the Honourable 
Council. 

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 tnis act, the Directors of the several banks, which are 
or may be incorporated within this Cfimmonvvealth, shall 
on the first Monday of January and June in every year, Returns, 
and as much oftener as may be required of them, make a ^^^" made, 
return of the state of their several banks, as it existed on 
the day immediately preceding the Monday aforesaid, and 
that they transmit the same as soon thereafter as may be, 
not exceeding fifteen days, to the Secretary of this Com- 
monwealth ; which return shall specify the amount of the 
capital stock actually paid in, the value of the real estate 
belonging to the Corporation, the amount of all debts due, 
and of the cash deposited, bills in circulation, gold, silver 
and other coined met Is on hand, bills of other banks, 
incorporated by the State, bills of other banks, incorpo- 
rated elsewhere, bills of one, two and three dollars in cir- 
culation, and the amount of said bills on hand, the rate 
and amount of the last dividend of profits, with the amount 
of reserved profits of said bank ; which said returns shall 
l)e signed by a majority of the Directors, and by the 
Cashier of the several banks, who shall make oath or 
affirmation before some Magistrate qualified to administer 
oaths, and who shall have no interest in said corporate 
body, to the truth of said return, according to their best 
knowledge and belief. 

Sec 2. Be it further enacted, That all such parts of 
the existinsr laws of this Commonwealth, as relate to the , ,,, ^ 

• 1 • f I r u Laws re- 

mode and tune ol makmg returns ot the state oi the sev- pealed. 

eral banks mcorporated by the Legislature of this Com- 
monwealth, be, and they are hereby repealed. 

Sec 3. Be it further enacted. That in case the Dj. 
rectors of any bank, incorporated in this Commonwealth, 



2ir ■- ,. IJJRIES. Feb, 27, 18U. 

shall neglect or refuse to comply with the provisions of 
this act, the said Corporation shall forfeit and pay the 
Penalties, sum of five thousand dollars for each neglect or refusal, 
how recov- ^^y j^g ^u^d for and recovered :n an action of debt, by either 
the Attorney or Solicitor General, for the use of the Com- 
monwealth. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXLI. 

An Act in addition to, and for repealing the First Section 
of an act, entitled, "x^n act regulating the selection, the 
empannelling, ia-d the st^rvices of Grand, Traverse and 
Petit Juries, and repealing all laws, or clauses of laws» 
touching these subjects, so far as they are provided for 
by this act." 

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 first section of an act, en- 
titled, "an act regulating the selections, the empanuelling, 
and the services of Grand, Traverse and Petit Jurors, and 
repealing such laws or clauses of laws, touching these 
subjects, so far as they are provided for by this act," 
made and passed on the twelftii day of March, in the year 

A^t repe - ^^ ^^^ Lord, one thousand eight hundred and eight, be, 
and the same is hereby repealed. 

Sec 2. Be it further enacted. That the selectmen, in 

each town or district in this commonwealth, shall provide, 

Duty of the and at all times cause to be kept in their respective towns, 

Selectmen, one jury-box, and shall, before the first day of June next, 
and once at least in tvtry three years afterwards; prepare 
a list of such persons, under the age of seventy years, in 
their respective towns, as they shall judge well qualified 
to serve as Jurors, being persons of good moral character, 
and qualified as the constitution directs, to vote in the 
choice of Representatives, excepting the Governor, Lieu- 
tenant Governor, Counsellors, Judges, and Clerks of the 
Common Law Courts, Secr^itary and Treasurer of the 
Commonwealth, Loan officers, and Revenue officers, 
Judges and Registers" of Probate, Registers of Deeds, 



ACT REPEALED. Feb. 27, 1813. 215 

settled Ministers of the gospel, Officers of any college,' 
Preceptors of incorporated academies, Physicians and ^^ ^^ 

Surgeons regularly authorised, Cashiers of incorporated empted. 
banks, Sheriffs and their Deputies, Marshalls and their 
Deputies, Counsellors and Attornies at law, Justices of 
the Court of Sessions, Criers of the Judicial Courts, Con- 
stables and constant Ferrymen; and having written their 
names upon tickets, they shall cause them to be placed in 
a box to be called the jury-box, and shall then lay the whole 
of their doings before the town for a revision, who may 
confirm the same, or make such alterations therein as they 
may deem proper ; and the said box shall be held and 
kept by the town or district Clerk ; and the persons whose 
names shall be continued in said box, shall be liable to be 
drawn, and serve on any Jury, at any Court for which 
they rnay be drawn, once in every three years and not 
oftener. 

Sec 3. Be it further enacted. That it shall be the _ ^ <.,i;-. 

1 r 1 1 II- -1 1 Duty of th* 

duly or the several towns and districts to provide and several 
have constantly kept in said box, ready to be drawn when towns, 
required, a number of Jurors, equal at least to one for 
every sixty persons which said town or district may con- 
tain, computing by the last census which may have been 
taken, next before the preparing the box. 

Sec 4. Be it further enacted, That all other parts of 
the act herem before recited, so far only as the same are 
inconsistent with the provisions of this act, be, and the 
same hereby are repealed. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CX4.II. 

An Act to repeal and alter certain parts of the act therein 

mentioned. 

XjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That so much of the third section 
of the act, entitled, an act to repeal an act, entitled, "An 
act to invest the committee of the second precinct in Re- 
hoboth with corporate powers for certain purposes therein 
mentioned, and to incorporate a number of the inhabitants 



216 MINISTERIAL FUND. Feb. 27, 1813. 

of said precinct, by the name of the Catholic Congrega- 
tional Church and Society, in the second precinct in the 
town of Rehoboih," as provides that the annual income 
of the fund appropriated for the support of the ministry 
in the second precinct in the town of Rchoboth, shall be 
Act repeal- limited to five hundred dollars, be, and the same is hereby 
«'^ repealed ; and the annucU income of the said fund shall be, 

and hereby is allowed to be augnicnted and extended to 
one thousand dollars, and the Trustees of the said Catho- 
lic Congregational Church and Society in the said second 
precinct shall be, and they are hereby further empowered 
to receive donations and subscriptions, both real and per- 
sonal, to such an amount as that the annual income from 
the said fund shall produce the said sum of one thousand 
dollars, and the said income from rents, issues and profits, 
shall be applied and used, as in the aforesaiel act is di- 
rected. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXLIII. 

An Act to incorporate The Trustees of the Congregation^ 
al Ministerial Fund in Concord. 



Sec 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That John White, Francis Jarvis 
Sorated ^"*^ ^^^^^ ^' '^^uttlc, and such others as shall hereafter be 
duly appointed, be, and they hereby are incorporated and 
made a body politic and "corporate, by the name of The 
Trustees of the Congregational Ministeiial Fund in Con- 
cord. 

Sec 2. Be it further enacted, That the said Corpo- 
ration may have and use a common seal, and the same 
may break, alter and renew at pleasure, shall be capable 
of suing and being sued, in any actions real, personal or 
mixed, in any Court having jurisdiction thereof, shall or 
may take and hold in fee simple or otherwise, by pur- 
tc^ ° chase, gift, grant or devise, any estate, real, personal or 
mixed, and may sell and dispose thereof at pleasure, not 
using the same in trade or commerce, may make and e??- 



M 

estate 



PERJURY. Feb. 27, 1813. 217 

ecute any by-laws and rules for the government of the 
Corporation, which the Trustees may ihink expedient, 
not repugnant to the laws of this Commonuealth, and 
m.iy appoint such officers, and invest them with such 
powers as they may think fit. 

Sec. 3. Be it further enacted^ That the end and de- income, how 
sign of the aforesaid Corporation, be to obtain and secure «ppropri- 
a fund, the income of which shall be appropriated by the ^'^^ 
said Trustees, for the support of a gospel minister of the 
Congregational denomination of christians in the town of 
Concord. 

. Sec 4. Be it further enacted^ That whenever any of 
the Trustees shall have died or resigned their office as hovv sup- ' 
such, the vacancy shall be supplied by the vote of the plied. 
inhabitants of said town qualified to vote in town affiiirs, 
at any town meeting legally called for that purpose. 
[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXLIV. 

An Act against perjury, and subornation of perjury. 

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 being lawfully 
required to depose the truth in any proceeding in a course 
of justice, shall commit any manner of wilful perjury, 
every person so offi^nding, and being thereof convicted . , 
before any Justice of the Supreme Judicial Court, shall for perjury. 
be punished by solitary imprisonment, for a term not 
exceeding three months, and by confinement afterwards 
to hard labour, for a term not less than two years, and not 
exceeding fifteen years. 

Sec 2. Be it further enacted, That if any person shall 
commit subornation of perjury, by procuring another 
person to commit wilful and corrupt perjury as aforesaid, 
every person guilty of such subornation of perjury, and 
being thereof duly convicted, shall be liable to, and suffisr 
the same punishment and disability, as in this act is pro- 
vided for the punishment of wilful perjury. 



218 STRONG. Feb, 27, 1813. 

Sec. 3. Be it further enacted^ That if any person shall 
wilfully and corrupiiy endeavour to inciie or to procure 
another person to commit wilful and corrupt perjury as 
aforesaid, and the person so nicited do not commit such 
perjury, the person so corruptly endeavouring to incite 
and procure the committing of perjury, shall be punished 
by solitary imprisonment, tor a term not exceeding two 
months, and by confinement afterwards to hard labour, 
for a term not exceeding five years. 

Sec 4. Be it further enacted^ That the oath of any 
person offending in any manner aloresaid, and thereof 
duly convicted as aforesaid, shall not be received in any 
Court of record, until such time as the judgment given 
againt such person shall be reversed. 

Sec 5. Be it further enacted^ That an act, entitled, 
** an act against perjury and subornation of perjury," 
passed the ninth day of March, in the year of our Lord 
one thousand seven hundred and eighty. five, shall be and 
proviso, the same is hereby repealed ; Provided, that the same 
shall be and remain in force for the cognizance, trial and 
punishment of the crimes and offences therein mentioned, 
committed before the passing of this act, and respecting 
all proceedings and matters thereon arising, this repeal to 
the contrary notwithst^tnding. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXLV. 

An Act to authorise the sale of lands in the town of Strong, 
reserved for the use of the ministry and schools, and to 
incorporate Trustees for that purpose. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court asse7nbled, aiid by the 
authority of the same. That William Read, William 
Trustees in- Hiscock, Joseph Kersey, Henry Davis, Thomas Hunter, 
cdrporate j^ei^jbeii Dyer and Samuel Patterson, be, and they are 
hereby appointed Trustees to sell all the ministerial and 
school lands in the town of Strong, in the county of Som- 
erset ; and the monies arising from the sale of said lands 
to put out at interest in the manner hereinafter directed ; 



STRONG. Feb. 27, 1813. 219 

and the said Trustees are hereby made, and shall hereafter 
be known, in hiw and in faci, a body politic and corporate, 
by the name of The Trustees of the Ministerial and 
School Funds in the town of Strong ; and they and their 
successors in that office, shall have and use a common 
seal, and by the name aforesaid, may sue and be sued in 
all actions, real, personal and mixed, and prosecute and 
defend the same to final judgment and execution, and 
shdU exercise all other powers and privileges incident to, 
and usually given to, and exercit*d by Corporations of a 
like nature and purpose. 

Sec 2. Be it further enacted^ That the said Trustees, 
and their successors in office, shall annually fleet a Presi- 
dent, and a Clerk to record the doings of the said Trustees, 
and a Treasurer to receive aiid apply the monies belong- 
ing to the said funds, as is directed "'n this act, and also Qfl-g^Js^'^ ^'^^ 
any other needlul officers or agents, tor the better man- 
aging thc^r business ; and all such elections sh-ill be by 
written votes, and the inhabitants of the said town of 
Strong, who are qualified to vote in town affairs, at their 
annual town meetings for the choice of town officers, shall 
have the privilege to elect three persons as associates with 
the before named Trustees, and after the said Corporation 
shall be duty organised according to the provisions of this 
act, one of the said three associates chosen as aforesaid, 
shall annually retire by lot, and the vacancy so made shall 
be supplied by a nevv^ election, so that one new member 
of the said Corporation may be elected annually forever. 

Sec 3. Be it further enacted^ That the number of the 
said Trustees shall never exceed ten, nor be less than six, 
any five of whom may be a quorum for doing business ; 
and they shall have power from time to time to fill up 
vacancies in their number, happenning by death, resigna- vac^ancies^^^^ 
lion or otherwise ; and they shall also have power to re- 
move any one of their number, who by reason of age, 
infirmity, misconduct, or any other cause, may become 
unable or unfit to discharge his duty, and to supply any 
vacancy so occasioned, by a ntw choice from the inhi< bit- 
ants of said town ; and the said Trustees and each of them 
shall be responsible to the said town of Strong, for their 
personal misconduct or neglect, v/hether they be officers 
or not, and liable to prosecution for any loss or damage 
to the said funds arising thereby ; and th(j debt or damage 
E e 



220 



STRONG. 



Feb. 27, 1813- 



lands. 



recovered in such suit, shall be considered as belonging 
to said funds, and applied accordingly, and the said Trus- 
tees shall hold a meeting annually in March, and as often 
as the affairs of the said fund may require, which meet- 
ings shall be notified and called in such way and manner 
as the said Trustees, at any meeting, may order and direct ; 
Treasurer to j^j-,(j ^j^^ Treasurer of the said funds shall eive bonds to 

give bonds. . ., . . , rr^ p , r • i .- i 

the acceptance ot the said 1 rustees, for the faithtul per- 
formance of his duty, and to be at all times responsible 
for the faithful applicaticn and expenditure of the monies 
which may come into his hands, conformable 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 discharge of his duty. 

Sec. 4. Be it further enacted^ That the said Trustees 
May sell be, and they are hereby authorised to sell and convey all 
the ministerial and school lands in the said town of Strong, 
which were reserved in its grant and location, and to make, 
execute, acknowledge and deliver good and sufficient 
deeds thereof, which deed or deeds subscribed by 
the Treasurer, and countersigned by the Clerk, with the 
seal affixed, shall be good and effectual in law to convey 
the fee simple from said town to the purchaser ; and all 
the monies arising from the ministerial and school lands 
in the said town of Strong, shall be put to use, as soon as 
may be, and secured by mortgage on real estate to the 
full value of the propert}^ sold, or money loaned, or by 
two or more sureties with the principal, unless the said 
Trustees shall think it more expedient to invest the same 
in public funded securities or bank stock, at their dis- 
cretion. 

Sec 5. Be it further enacted^ That it shall be the 
Duty of duty of the said Trustees, to keep distinct accounts of the 
Trustees, nionies 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 
their successors in office, shall exhibit to the town at their 
annual meeting for the choice of town officers, and the 
said Trustees and others who may b}'- them be employed 
in the business of the said funds, shall receive no com- 
pensation from the monies of the said funds, but a reason- 
able compensation may be made to them, and the Treas- 
urer, or other officers or agents, by the town at their 



DOGS. Feb. 27, 1813. 221 

discretion ; and the interest accruing on the monies 
coming from the sale of the said ministerial lands shall be 
appropriated, and uniformly applied for the support of the 
gospel ministry in the said town of Strong ; and shall be 
divided between the religious societies of the several de- 
nominations in the said town, according to their numbers 
respectively, in such proportions as shall be voted and 
determined by the said Trustees, and the interest accru- interesthow 
ing on the monies coming from the sale of the said school appropnat- 
lands shall be appropriated, and uniformly applied for the 
support of instruction in the public free schools in the 
said town of Strong ; 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 6. Be it further enacted. That any Justice of the , ,. , 

■n r 1 - o "^ I- • . Justice to 

Jreace tor the county ot Somerset, upon application there- issue war- 
for, is hereby authorised to issue a warrant directed to one '■^"^• 
of the Trustees before named, requiring him to notify 
and call the first meeting of the said Trustees, at such 
convenient time and place as shall be appointed in the 
said warrant, to organize the said Corporation, by the 
election and appointment of its officers. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXLVI. 

An Act in addition to an act, entitled, " An act to pre- 
vent damage by mischievous dogs. 

Sec. 1. X)E it enacted hy the Senate and House of 
JRepresentatives in General Court assembled, and by the 
authority of the same^ That from and after the first day of 
April next, every person who shall own or keep any dog Dog-s to 
or dogs, shall cause to be placed about the neck of each j^^*'^'' '^"^' 
dog so by him owned or kept, and constantly worn by 
such dog, a collar with the name and place of residence 
of such owner or keeper of any dog or dogs, legibly 
marked on the same. 

Sec 2. Be it further enacted, That from and after the 
said first day of April next, it shall be lawful for any per- ^i^,^^'^^" ^'^^ 
son to kill any dog or dogs found and being without a 
collar as aforesaid. 



222 CAMBRIDGE PORT MAN. Feb, 27, 1813. 

Sec. 3. Be it further enacted. That the owner or 

keeper of any dog shall forfeit and pay to the person in- 

Penalty. jured, double the amount of the damage done by such 

dog, to be recovered by action of trespass, before any 

Court proper to try the same. 

[Approved by the Governor, Feb. 27, 1813.] 



CHAP. CXLVII. 

An Act in addition to an act, entitled, "An act to incor- 
porate The Proprietors of Cambridge Port Manufactory." 



B 



>E it enacted by the Senate and House of 
Representatives i7i General Court assembled, and by the 
authority of the same, That all persons, who are or shall 
hereafter become Proprietors in the Corporation, styled 
*' The Cambridge Port Manufactory," in the act to which 
this is in addition, be, and hereby are authorised to man- 
ufacture printing types, and those articles usually manu- 
factured in chemical laboratories. 

[Approved by the Governor, Feb. 27, 1813.] 



END OF FEBRUARY SESSION, 1813. 



COMMONWEALTH OF INIASSACHUSETTS. 

Secretarx/s Ofiice, May 3d. 1813. 

J3y this I certify, that the acts or laws contained in t.ie foregoing 
pamphlet, which were passed by the Legislature of the Commonwealth 
at the October Session, A. D 1812, and at the Winter Session, in 
January and February, A. D. 1313. have been examined and compared 
with the originals in this office, and appear to be correct excepting in 
the following instances, viz. page 139, 19th line from the top, for 
"interested," read interest; page 163, Uth line from the bottom^, 
read or 'iv/io shall be ; same page, last line, for "life," read lifetime ', 
page 186, 4th line from top, for " Kingsman," read Kinsman: page 
220, 11th line from the top, for "conformable," read conformably. 

ALDEN BRADFORD, Y'^IZZ:^:'! 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT AT THE SESSION 
COMMENCING ON THE 

S6th DAY OF MAY, AND ENDING ON THE 16th DAY OF JUNI^ 

QUE THOUSAND EIGHT HUNDRED AND THIRTEEN. 

CHAPo I. 

An Act in further addition to an act, entided *' An act to 
incorporate Nicholas Thorndike and others, into a com- 
pany by the name of The Beverly Marine Insurance 
Company." 

JjE it enacted by tlie Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That such further time, not ex- aiiowS *'"tJ 
ceeding four years, from and after the twenty-fourth day pay instal 
of August next, be allowed to the stockholders in the "**"*5- 
Beverly Marine Insurance Company, named in an act, en- 
titled " An act to incorporate Nicholas Thorndike and 
others, into a company, by the name of the Beverly Marine 
Insurance Company," to pay in the residue, being the 
last moiety of the instalments, and amounting in all to 
fifty dollars on a share, in the capital stock of the said 
Company, as the Directors thereof may judge proper; and 
that the said residue shall be paid in at such timesy and in 



224 



Proviso. 



CONNECTICUT SCHOOL FUND. June 8, 1813. 

such proportions as the said Directors shall order and ap- 
point, within the period aforesaid. Provided however, Th^t 
nothing in this act shall be construed to exonorate, or dis- 
charge the estates of the said stockholders from being lia- 
ble, in the manner and for the purposes mentioned in the 
tenth section of the said original act, in addition to which 
this act is made. 

[Approved by the Governor, June 8, 1813.3 



Preamble. 



CHAP. II. 

An Act concerning the conveyance of real estate in this 
Commonwealth, for the security and benefit of the 
School Fund of Connecticut, consenting to and approv- 
ing thereof. 



Wi 



HEREAS it is represented to this General 
Court, that the state of Connecticut have, by a perma- 
nent appropriation, constituted a fund for the support 
of free schools, and that simdry citizens of this Com- 
monwealth have become debtors to said fund, and that 
for the accommodation of said citizens, as well as the 
security of said fund, it has been found convenient to 
make conveyances of real estate in this Common- 
wealth, to said state of Connecticut, or the agent or 
Trustees of said state, for the use and benefit of said 
School Fund ; and it appearing to this General Court, 
that the establishment of said Fund is for a benevolent 
purpose, and v.'ill be of great public benefit : 

B£ it, therefore, enacted by the Senate and 
House of Representatives i?i General Court asse?hd/ed, and 
by the authority vf the same, That the consent and ap- 
probation of this Commonwealth be, and the same is 
Conveyance i^er^i^y ^iven to all conveyances of real estate in this Com- 
consented to. mon wealth, which have been, or may be made to the state 
of Connecticut, or an agent or trustee of said state, for 
the security, protection, and benefit of said School Fund ; 
and the same shall be as valid in law, to all intents and 
purposes, as if such conveyance had been made to a cit- 
izen of this Commonwealth ; and such real estate may be 
transferred by any agent duly authorized thereto by said 
^ state of Connecticut, in the same manner as is provided 



BERKLEY MINISTERIAL FUND. June 9, 1813. 225 

by the laws of this Commonwealth, for transferring real 

estate. This act to continue in force, during; the pleasure 

of the leicislature of this Commonwealth. — Provided how- Proviso-. 

0ver^ lliat nothing herein contained, shall be so construed 

as to affect any action now pending*. 

[Approved by the Governor, June 8, 1813.] 



CHAP. in. 

An Act to incorporate The Tru(stees of the Ministerial 
Fund, in the town of Berkley. 



Sec 1. -13 K it enacted by the Senate arid House o^f 
Representatives in General Court assembled^ anid by the 
authority of the same^ That Samuel Toby, Levi French, 
Luther Crane, George Sanford, jun. Samuel French, John corporated. 
Dillingh^ii, Barzillai Hathaway, Ciiristopher Paull, Bar- 
zillai Crane, and Dean Burt be, and they hereby are con- 
stituted and made a body politic and corporate, by the 
name of The Trustees of the Ministerial Fund in the town 
of Berkley ; and they, and their successors shall, by that 
name, continue to be a body politic and corporate forever, 
and shall have power to make and use a co,mmon seal, 
subject to be altered at their pleasure ; and may sue, and 
be sued in any action, real, personal, or mixed, and pros- 
ecute and defend the same to final judgment and execu- 
tion. 

Sec 2. Be it further enacted^ That the said Trustees 
shall forever hereafter, in the month of Aus:ust annually, 
and at such other times as may be found necessary for raeetin-^ of 
the transaction of their business, hold a meeting in t]ie Tiusie'es. 
said town of Berkley, at such time and place as a major 
part of said Trustees, for the time beings by an advertise- 
ment posted up in some public place in siiid town, seven 
days at least before such meeting, shall appoint and direct ; 
and shall at such annual meeting elect a President to pre- 
side in their meetings, a clerk to record the votes and pro- 
ctedings of the Trustees at their regular meetings, in a. 
book or books to be kept for that purpose, and who shall 
be sworn to the faithful discharge of his trust ; and a 
Treasurer to receive tind apply the monies as herein aA^?' 






2^6 BERKLEY MINISTERIAL FUND. ^ujie 9, 1813. 

directed. And the said Trustees are further authorized 
and required, at any meeting regularly called for that pur^ 
pose, in the manner above prescribed, to supply from the 
inhabitants of said town, any vacancies which may from 
time to time be occasioned by the death, resignation, or 
removal of any of the said Trustees, or either of their 
officers aforesaid. 

Sec 3. Be tt further enacted^ That it shall be the 
Duty ov tluty of the said Trustees and their successors, to receive 
Jnistces. and manage all monies now raised and appropriated as a 
fund for the support of a Congregational minister in the 
said town of Berkley, and also to receive, manage and 
improve all such estate, real, personal and mixed, as may 
hereafter come to them, in their said corporate capacity, 
for tJie purpose aforesaid, by gift, grant, devise or other- 
wise, by operation of Jaw, not exceeding in the whole, the 
amount or value of eight thousand dollars, in such way 
and manner as in their judgment will best obtain and se- 
CL'ire the end of their Incorporation ; and they are also 
he reby authorised and empowered to lease, sell or con- 
\'iy in fee simple, or otherwise, all or any part of the estate 
v/hich may come to them in their said corporate capacity, 
aiiid for that purpose to make, execute and acknowledge 
an y good and sufficient deed or deeds thereof, which deed 
or deeds, when signed by the President, countersigned 
by the Clerk, and sealed with their common seal, shall be 
valid in law, to convey such estate to the purchaser, ac- 
cording to the conditions and meaning of such instrument. 
Sec. 4. Be it further e7iacted^ That all money coming 
t:o the said Trustees, in their said corporate capacity, 
s. ball be loaned on interest, and secured by the bond or 
lorried on in^- ^ 'o^^ of thc bofrowcr, with sufficient surety or sureties, 
'.(•rest. c ir by his bond or note, with mortgage on real estate to 

t he satisfaction of the said Trustees, or they may invest 
a 11 or any part^f said money in public funded securities 
< »r bank stock, as they may think best : and whenever the 
a nnual interest or income of the said ministerial fund, 
V whether real or personal estate, shall amount to the sura 
©f one hundred and twenty dollars, the Trustees shall 
make a statement thereof to the said town, and the said 
a; nnual interest or income may then be applied for, and 
toward thc support of such Congregational minister as 
tiicn shall be, or from time to time thereafter, maybe 



BERKLEY MINISTERIAL FUND. June 9, 1813. 22gr 

settled by the Church and Congregation in said town to 
preach the gospel in the meeting-house, or place of public 
worship near the centre of said town ; or the said annual 
interest or income may remain for a longer time in the 
hands of said Trustees to increase the principal of the said 
fund, as the inhabitants of the said town at a legal meet- 
ing to be called for that purpose, may, by a majo? vote, 
determine and direct. — Provided that the principal of the ^ . : 
said fund, shall at no time exceed the amount or value of ^ ' 
eight thousand dollars. And the said town shall not have 
the power to change the appropriation of the said fund 
from the support of such congregational minister as afore- 
said, or to alienate, alter or diminish the principal thereof, 
if, by such alienation, alteration, or diminution, the said 
principal shall be reduced to a less sum or value than 
eight thousand dollars. 

Sec. 5. Be it further enacted^ That the said Treasur- 
er before entering on the duties of his said ojfficc, shall 
grve to the said Trustees and their successors his bond, ^,'^^e^i,onis.^*' 
with surties to the satisfaction of the said Trustees for 
the faithful discharge of the duties of his said office ; and 
the said Treasurer shall be the receiver of all monies and Hispowei- 
effects due, owing, or coming to the said Trustees, and 
shall have the care and custody of all monies effects, obli- 
gations, securities, and evidences of property, belonging 
to the said Trustees, to be accountable therefor ; and shall 
render a fair and regular account of all his doings, and of 
the property and effects in his hands, whenever thereto 
required by the said Trustees, and shall dispose of the 
same as they shall order and direct, and shall deliver over 
to his successor in the same office as soon as mav be, all 
the books, papers, property, and evidences of property in 
his hands, in good order and condition. 

Sec 6. Be it further enacted. That the said Trustees,, 
and their successors, shall be accountable to the said town couniaWe.*^' 
of Berkley for tlic said Ministerial Fund, aiTd for their 
management thereof J and shall be liable to the saisl town, 
in their own private property and persons respectively, 
for any embezzlement, negligence or misconduct, in their 
said capacities as Trustees ; and the said town of Berkley 
may commence and prosecute, to final judgment and exe- 
cution, an action of trespass on the case against the said 
Trustees, qi" any of them, or tljcir successors, for any such 



228 STANDISH MINISTERIAL LANDS. June \ 181S, 

embezzlement, negligence or misconduct ; and all dam- 
ages recovered in such action, shall be applied to increase 
the said Ministerial Fund; and whenever judgment shall 
i be rendered against any one, or more of the said Trustees 

in such action, such Trustee or Trustees shall be held and 
considered thereby, to be removed from his or their said 
Irust, and the vacancy or vacancies thus made, shall be 
supplied in manner as is herein before provided. 

[Approved by the Governor, June 9, 1813.] 



CHAP. IV. 

An Act in addition to an act, entidcd "An act anthoriz- 
ing the sale of a part of the Ministerial Lands, in the 
first parish in the town of Standish." 

Sec. 1. IjY^ It enacted by the Senate and House fif 
Represejitatives^ in General Court assembled^ and by the 
authority of the same. That deacon Jonathan Philbrick, 
Mr. Bryan Martin, Edward Thompson, Daniel Cram, jun. 
and John Sanborn, the Trustees named in an act, entitled 
*' An act authorizing the sale of a part of the Ministerial 
Trustees au- '-'^"^^ ^'^ ^'^^ ^^^^ parish in the tovvU of Standish," passed 
thorized to the twenty-fifth day of February, in the year one thous- 
^eli lands. ^^^ eight hundred and twelve be, and they hereby are 
authorized to sell and convey, in fee simple, the thirty 
acre lot, whereon the meeting-house stands in said town, 
(excepting and reserving out of the north west corner of 
said lot, one half acre of land to be laid out ten rods front- 
ing on the main road, and to extend back eight rods, 
whereon the meeting-house stands,) and to make, execute, 
and acknowledge a good and sufficient deed or deeds, 
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 simple from said parish to the purcha- 
sers to all intents and purposes whatsoever. 

Sec. 2. £e it further enacted, That the Trustees herein 
named, and their successors, shall proceed in the sale of 
said land, and in the appropriating the interest ari^jrig 



SESSION WASH.— BERWICK Jime 10, 1813. 229 

therefrom, in the same way and manner as they are re- > 
quired by the act to which this is in addition. 

[[Approved by the Governor, June 9, 1813.] 



CHAP. V. 

An Act to alter the times of holding the Courts of Ses- 
sions in the county of Washington. 

-■-^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, the Court of Sessions for said county of Wash- 
inp-ton, shall be holden on the first Mondays of March and ^^"^^^ °^,?"' 

^° -,,,. . .,•' . - sions; time 

September annually, at Machias, m said county, instead ofhoidingai- 
of the times heretofore established by law ; and that all ^'^^^^* 
petitions, recognizances, warrants, reports and processes 
whatsoever, shall be returned to, be entered, have day in, 
and be proceeded upon in the same Court, to be holden 
on the said first Mondays of March and September, any 
law to the contrary notwithstanding. 

[Approved by the Governor, June 9, 18 13.] 



CHAP. VI. 

An Act to incorporate The Berwick Manufacturing Com- 
pany. 



Sec. 1. -OE it enacted by the Senate and House of 
Representatives, in General Court assembled, arid by the 
authority of the same. That Micitjah Currier, Robinson 
Palmer,Ambrose Alien, Josiah W. Seaver, William Hight, Persons in- 
3*^rackett Palmer, Tmiothy Ferguson, Benjamin Nasine, '^"''po^"^^*^^- 
Joshua Roberts, and Benjamin Haggins, together 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 Berwick Manufacturing 
Company, for the purpose of manufacturing Cotton and 
Woollen Cloth and Yarn, in the town of Berwick, in the 
county of York ; and for the purpose aforesaid, shall have 



230 DEERFIELD MEADOW. June 10, 1813. 

all the powers and privileges, and shall also be subject to 
all the duties and requiremenrs, prescribed and contained 
in an act, entitled *' An act defining the general powers of 
Manufacturing Corporations," passed the third day of 
March eighteen hundred and nine. 

Sec. 2. Be it further enacted^ That the said Corpo- 

Mayhoid ration, in their corporate capacity shall, and may lawfully 

real and per- hold and posscss such real estate, not exceeding the value 

sonal estate, ^j- ^j^j^j^ thousand dollars, and personal estate, not exceed- 

ing one hundred thousand dollars, as may be necessary 

and convenient for carrying on the manufactures aforesaid. 

[Approved by tlie Governor, June 10, 1813.] 



CHAP. VII. 

An Act to incorporate the proprietors of meadow lands, 
in the town of Deerfield. 

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 passing this 
act, David Hoit, Seth Nims, David Sheldon, Seth Sheldon, 
Persons in- Solomon Williams, John Bardwell, Joseph Cleason, Den- 
corporated. nis Stebbins, Zadock Hawks, Quartus Wells, Asa Steb- 
bins, Joseph Stebbins, and Thomas Wells Dickinson, to- 
gether with such others as may hereafter become proprie- 
tors be, and they hereby are incorporated into a body pol- 
itic, by the name of The Proprietors of Plain Swamp Brook 
Meadows, and by that name may sue and be sued, and 
do and suffer all matters, acts or things, which bodies pol- 
itic may or ought to do and suffer. 

Sec 2. Be it further enacted. That any Justice of the 

Peace in the county of Franklin be, and he hereby is em- 

, ,. , . powered and directed, upon application in writins; from 

Justice to IS- 1 » i , 1 I , o 

sue warrant. three or more ot said proprietors, to issue his warrant to 
one of the proprietors aforesaid, requiring him to notify 
and warn a meeting of said proprietors, at such time and 
place as he shall think most convenient for the purposes to 
be expressed in said warrant, by posting up a copy of said 
warrant, with the notification thereon, at the house of pub- 
lic worship in the town-street in said town, seven days at 



MARBLEHEAD SOCIAL IN. COM. June 10, 1813. 231 

least before the time of holding said meeting ; and the Proprietors 
said proprietors, when legally assembled as aforesaid, shall fi"cers'J°^^ ° ' 
have power to choose a clerk, assessors, collector, and 
treasurer, who shall be sworn to the faithful discharge of 
the trust reposed in them, and continue to serve until 
others are chosen and sworn in their places, which may 
be annually ; which officers chosen and sworn as aforesaid, 
shall have the same power to perform, execute, and carry 
anv vote or order of said Corporation into full effect, as 
town officers of like description have by law to do and 
perform ; and said Corporation shall, at their first meeting, 
agree and determine upon the method for calling future 
meeting-s ; and said Corporation shall, at their first meet- ^ 

, .i, ,, iiir^u. Corporation 

mg, or any other meelmg legaliy called tor that purpose, may raise 
have power to vote and raise monies for the purpose of "^o^^y- 
draining off the stagnant fwater from said Meadow, from 
time to time, as shall be found necessary for the better 
improvement of said lands, and for paying all other ex'- 
penses, that shall be found necessary for carrying the votes 
and orders of said Corporation into effect ; and all monies 
raised as aforesaid, shall be assessed upon each proprietor in 
the Meadows aforesaid, in proportion to the number of acres, 
or the value thereof, he or .she owns ; and if any proprie- Penalty for 
tor shall refuse or neglect to pay the sum or sums assess- pay ^'assfst* 
ed upon him or her, as aforesaid, after thirty days notice, ments, 
so much of his or her meadow-land shall be sold at pub- 
lic vendue by the collector, as will be sufficient to pay the 
same, with legal costs, after posting up notice of the time 
and place of said sale, at three or more public places in 
said tor/n, thirty days at least before the time of said sale. 
[Approved by the Governor, June 10, 1813.] 



CHAP. vm. 

An Act in addition to an act, entitled " An act to incor- 
porate Isaac Story and others, by the name of The Mar- 
blehead Social lasuronce Company." , 

-De it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by the 
authority of the same^ That the further time of four years. 



232 SESSIONS OF HANCOCK. June 10, 1813. 

Ptirther time from and after the seventeenth day of July next, be allow- 
pay^'^tistaU ^^ ^o '^^"'^ Stockholders of the iMarblehead Social Insurance 
ments. Company, to pay in the residue of the capital stock of said 

Company, amounting to fifty dollars on each share, and 
being the last moiety of their instalments of the sum of 
one hundred thousand dollars, the capital stock of said 
Company ; and that the said residue shall be paid in such 
proportions, and at such periods within the time mention- 
ed, as the Directors of said Company for the time being, 
shall order and appoint, any thing in the act to which this 
act is in addition, or in the act of incorporation of said 
Company, to the contrary notwithstanding ; and that so 
much of the ninth section of the act aforesaid, entitled 
*' An act establishing a Corporation, by the name of The 
Marblehead Social Insurance Company," passed the sev- 
enteenth day of June, in the year of our Lord one thous- 
and eight hundred and nine, as restricts the legal transfer 
or assignment, of any share or shares of the stock in said 
Company, be, and the same is hereb}^ repealed. — Provided 
however^ That nothing in this act shall Idc construed to ex- 
onerate, or discharge the estates of the stockholders of 
said Company from being liable, in the manner and for 
the purposes mentioned in said act, to which this is in ad- 
dition. 

[Approved by the Governor, June 10, 1813.] 



CHAP. IX. 

An Act to render valid the doings of the Court of Ses- 
sions, in the countv of Hancock. 



Proviso. 



B 



'E 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- 
ProceecUii»^8 tices of the Court of Sessions, for the county of Hancock, 
made valid, at the several Sessions of said Court, holden at Castine, in 
said county, subsequent to the first day of April, one 
thousand eight hundred and twelve, be, and the same 
hereby are made valid in law, in as full and ample a man- 
ner, as though the Sessions of said Court had been holden 
<jn the several days prescribed by an act passed the twenty- 



UNION MANUFACTURING COM. Junf 10, 1815. 3tS 

ninth day of February, one thousand eight hundred and 
twelve, entitled " An act to fix the times of holding the 
Court of Sessions, in the respective counties in this Com- 
monwealth," any provision contained in said act to the 
contrary, notwithstandins^. 

[Approved by the Governor, June 10, 1813.] 



CHAP. X. 

An Act to esta])lish The Union Manufacturing- Company. 



Sec 1. A3E it enacted hy the 'Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same. That Oliver Clap, Warren Clap, Persons in. 
Benjamin Billings, Daniel Ellis, Daniel Payson, Edward co'por^^^^- 
G. Cundall, and Oliver Eldridge, together with such 
others as may hereafter join and associate with them, their 
successors and assigns be, and they hereby are made a Cor- 
poration, by the name of The Union Manufacturing Com- 
pany, for the purpose of manufacturingCotton and Woollen 
Cloth, and Yarn, in the town of Walpole, in the county 
of Norfolk ; and for that purpose, shall have all the pow- 
ers and privileges, and be subject to all the duties and 
requirements, contained in "An act defining the general 
powers and duties of Manufacturing Corporations," pass- 
ed the third day of March, one thousand eight hundred 
and nine. 

Sec 2. Be it further enacted. That the said Corpora- ^^y i,oid 
tlon may lawfully hold and possess such real estate, not ex- real and per^ 
ceeding the value of twenty-five thousand dollars, and per- '''"*^ ^^^^^^ 
sonal estate not exceeding the value of fifty thousand dol- 
lars, as may be convenient and necessary for carrying on 
the Manufacture aforesaid. 

[Approved by the Govern'or, June 10, 1813.] 



2.U ' FEES.— MILLBURY. June 11, 1813. 

CHAP. XI. 

An x^ct in addition to, and explanation of an act, entitled 
*' An act establishing and regulating the Fees of the 
several officers, asd other persons hereafter mentioned, 
and for repealing the laws heretofore made for that pur- 
pose." 



'E it enacted by the Senate and House of 
Bepresentatives, in General Court assembled^ and by the 
authority of the same, That in every action licreafter pend- 
ing in any Circuit Court of Common Pleas, within this 
Commonwealth, which shall be defaulted, without being 
submitted to a Jury, or the Writ read to them, after an 
issue in fact be joined, the Justices of the said Court, the 
officers'fees. Clerk thereof, or the Attorney in such action, shall receive 
' or tax no other or greater Fees, than they severally would 

have been entitled to receive and tax, had no such issue 
been joined ; any law, usage, or custom, to the contrary 
notwithstanding. 

[Approved by the Governor, June 10, 1813.] 



CHAP. XII. 

An Act to incorporate the North Parish, in the town of 
Sutton, into a separate town, by the name of Millbury. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives, in General Court assembled, a?id by the 
authority of the same. That all the lands comprised within 
pomecirand ^^^ North Parish, in the town of Sutton, in the county of 
boundaries. Worcester, as the same is now bounded, together with 
the farm on which Joshua Chase now lives in said town, 
with all the inhabitants dwelling thereon be, and they 
hereby are incorporrted into a town, by the name of Mill- 
bury, and vested with all the powers, privileges, and im- 
munities, and subject to all the duties and requirements 
of other incorporate towns, agreeably to the constitution 
and laws of this Commonwealth. 

Sec 2. Be it further enacted, That the inhabitants of the 
said town of Millbury, shall be holden to pay all the arrears 



MILLBURY. June 11, 1813. 235 

of taxes which have been assessed upon them by the town rioidento 
of Sutton ; and shall also support and mahitain all such Jf taxCTT*^^ 
persons, as heretofore have been, now are, or hereiifter 
mav be inhabitants of that part of Sutton, hereby incor- 
porated, and are, or may become chargeable, according 
to the laws of this Commonwealth, and who have not ob- 
tained a settlement elsewhere therein. 

Sec. 3. Be it further enacted^ That the inhabitants of 
the said town of Millbury, shall be entitled to receive and Entitled to 
hold such proportion of all debts now due, and assess- proportionof 
ments already voted to the said town of Sutton, and also I'^^^i and per- 

I -PHI II 1 „ sonal pro- 

such proportion oi all the real and personal property oi perty. 

the town of Sutton, of what kind soever it may be, now 
owned in common by the inhabitants of said town, as the 
property of the inhabitants of Millbury bears to the prop- 
erty of all the inhabitants of the said town of Sutton, acj 
cording to the last valuation thereof ; and they shall also 
be holden to pay their proportion, (to be ascertained as 
aforesaid,) of all the debts now due, and owing from the 
said town of Sutton ; and the inhabitants of said Millbury, 
or any religious Society therein, shall furthermore be en- 
titled to receive and hold such proportion as they are now 
entitled to, if any, of the ministerial money raised by the 
sale of ministerial lands in said Sutton, which money is 
now in the hands of the first Congregational Society in 
said town. 

Sec 4. Be it further enacted., That in case the divid- 
ing line between the said town of Millbury and the said 
town of Sutton, should happen to divide the farms of any 
of the inhabitants of cither said towns, the said inhabi- 
tants shall be taxed for the whole of their home farm in 
that town only, where they may respectively dwell. justice au- 

Sec 5. Be it further enacted., That any Justice of the thorized tc 
Peace, for the county of Worcester, upon application 'f** 
therefor, is hereby authorized to issue his warrant, direct- 
ed to any freeholder in the said tov/n of Millbury, requir- 
ing him to notify and warn the inhabitants thereof, to meet 
at such time and place, as may be appointed in said war- 
rant, for the choice of all such town officers, as towns are 
by law required to choose at their annual town meetings. 
[Approved by the Governor, June 11, 1813. 



»sue 

rant. 



230 NORTHAMPTON BANK. JuneU, 1815. 



CHAP. XIIL 

An Act to incorporate The Palmer's River Manufacturing 

Company. 

Sec. 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Persons in- ^^^horitij of the same^ That Paul Nelson, Asa Bullock, 
corporated. Gideon Peck, James Nichols, and Benjamin Norris, and 
others who have already associated, together with such 
other persons as may hereafter associate with them, their 
successors and assigns, be, and they are hereby made a 
Corporation, by the name of The Palmer's River Manufac- 
turing Company, for the purpose of manufacturing Cotton 
and Woollen goods at Rehoboth, in the county of Bristol ; 
and for this purpose, shall have all the powers and privi- 
leges, and be subject to all the duties and requirements 
contained in an act passed the third day of March, in the 
year of our Lord one thousand eight hundred and nine, 
entitled " An act, defining the general powers and duties 
of manufacturing Corporations." 

Sec. 2. Be it further enacted^ That said Corporation 

may be lawfully seized of such real estate, not exceeding 

May Lo'.d the valuc of fifty thousand dollars, and such personal es- 

reai and per- ^j.j^ uot exceedinsT the valu€ of one hundred and fifty 

' thousand dollars, as may be necessary and convenient for 

establishing and carrying on the manufactures aforesaid, 

in the town of Rehoboth, 

[Approved by the Governor, June 11, 1313.] 



CHAP. XIV. 

An Act in addition to an act, entitled " An act to incor- 
porate sundry persons, by the name of The President, 
Directors and Company of the Northampton Bank." 



>E 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 
inc(M-poratc sundry persons by the name of The President, 



MONMOUTH AND WINTHROP. June 11, 1813. 237 

Directors, and Company of the Northampton Bank," and 

also an act in addition thereto, passed the eighteenth ddy 

of June, in the year of our Lord one thousand ei^ht hun- Actofincor- 

dred and three, shall continue and remain in force for and Poi^^'"»«>o»- 

tinucii. 

during the term of five years, from and after the first ?tlon- 
day of October next, so far as to uKike the said President. 
Directors and Company capable in law, during the term 
aforesaid, to sue and be sued, plead and be impleaded, 
defend and be defended, in any Courts of Record, or any 
other place whatsoever ; and they shall also have power 
to sue out, and cause to be executed, final process in any 
suit in which they may be a party, or may be interested ; 
and to make, execute and deliver proper and legal con- 
veyances, or releases of any real estate of which they may 
be seized and possessed, any thing in eidier of the acts 
aforesaid to the contrary notwithstanding. 

[Approved by the Governor, June 11, 1813.] 



CHAP. XV. 

An Act to set off part of the town of Monmouth, and to 
annex the same to the town of VVinthrop. 



B 



•E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the following described tracts 
of land, with the inhabitants thereon, be set off from the 
town of Monmouth in the county of Kennebeck, and an- 
nexed to the town of Winthrop in the same county, by 
the following described lines, to wit : beginning on a pond 
called Chandler's South Pond, where the line between 
great back lots, number twenty-one and twenty-two, as Boundaries 
run by Obadiah Williams, strikes said pond; thence north- described. 
erly on said pond to the south line of said town of Win- 
throp ; thence west north-west about one mile and twenty - 
nine rods to the west end of lot number seventy-eight ; 
thence on the easterly end of said lot to the south-east 
corner thereof; thence south, twenty-two and an half de- 
grees west, to the line between said great back lots, nuni- 
ber twenty-one and twenty two ; thence on said lines east- 
erly to the pond aforesaid. And the said tract of land, 
3 



238 MEDFORD WIRE FACTORY. June 11, 1813. 

with the inhabitants thereon, is hereby set off from said 
town of Monmouth and annexed to the town of VVinthrop. 
And the said inhabitants shall hereafter be considered in- 
habitants of said town of VVinthrop, and shall there exer- 
cise and enjoy all their civil rights and privileges, and shall 
also be subject to all their civil duties and requisitions, in 
like manner with the other inhabitants of said town. Pro- 
Proviso. vided however^ That the said inhabitants shall be holdcn to 
pay all taxes heretofore legally assessed on them by the 
said town of Monmouth, in the same manner as if this act 
had not passed. 

([Approved by the Governor, June 11, 1813.] 



CHAP. XVL 

xAnTVct to incorporate The Medford Wire Factory Com- 
pany. 

Seg. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same^ That Isaac P. Davis, John L. Sul- 
Persons in- livan, Ricliard Sullivan, and George Sullivan, with such 
corpora e . ^^^^^^ persons as may hereafter be associated with them, 
their successors and assigns, be, and they hereby are made 
a Corporation and body politic, by the name of The Med- 
ford Wire Factory Company, for the purpose of manufac- 
turing wire in the town of Medford ; 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 
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 enact ed^Th<{\. said corporation may 

be lawfully seized and possessed of such real estate, not 
^j^'^^^i° .'7' exceeding the value of twenty thousand dollars, and such 
sonal estate, personal estate not exceeding the value of forty thousand 
dollars, as may be necessary and convenient for carrying 
on the manufacture aforesaid. 

[Approved by the Governor, June 11, 1813.3 



WILTON BAPTIST SOCIETY. JimeU, 1813. 239 



CHAP. XVII. 

An Act to incorporate The First Baptist Society in Wil- 
ton, in the county of Kcnnebeck. 

Sec. 1. X3E it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Jedidiah Adams, Samuel Ba- 
ker, Jeremy Bean, Ebenezer Brown, Levi Dakin, Levi 
Dakin, jun. Rufus Dresser, Moses Farmer, Daniel Hardy, Persons in. 
Job Hardy, John Lake, Edward Lock, Leonard Merry, *^°'^°^* ^ 
Peter Parker, Nchcnilah Rainger, John Reed, Ebenezer 
Scales, Jonah Spauiding, Isaac Tripp, Humphry Tripp, 
Joseph Wiilard, and John F. Wood, with their families 
and estates, together with such otliers as may hereafter 
associate with them for religious purposes, according to 
the provisions of this act, be, and they are hereby incor- 
porated as a religious society, by the name of The First 
Baptist Society in Wilton, with all the powers and privi- 
leges, and subject to all the duties and obligations of other 
religious societies, according to the constitution and laws 
of this Commonwealth. 

Sec 2. Be it further enacted. That any inhabitant 
living in either of the towns of Wilton, Temple, Farm- 
ington, and Chestcrville, in the county of Kennebeck, or 
in the tovrn of Jay, ip. the county of Oxford, who may de- 
sire to become a member of the said First Baptist Society b^corrfin°^ 
in Wilton, shall have right so to do, by declaring such member, 
desire and intention in writing, and deliver the same to 
the clerk of said Bapfist Society, fifteen days before ths 
annual meeting ; and shall also deliver a copy of the same 
to the clerk of the tov/n, or to the clerk of any other reli- 
gious society wiih which such person has been before 
connected, fdteen days before the annual meeting thereof. 
And if such person doth receive and produce to such clerk 
a certificate of admission, ^.igned by the minister or clerk 
of the said Baptist society, certi/} ing that he or she has 
united with, and been received us a member thereof, sucli 
person, from the pioductitvi of such certificate, with his 
or her polls and estate, i>WA be considered as members of 
the said Baptist societ/, and shall be exempted from tax- 



240 CENTRAL MANU. COMPANY. June 11, 1813. 

atron to the support of any other religious society, in the 
town or parish where such person may dwell. 

Sec. 3. Be it further enacted^ That when any member 
Manner of Qf ^hc saicl First Baptist Society- mav see cause to leave 

lep.vine- the , , .'., •,',.. .^. 

sooiety. the same, and to unite with any other religious society in 
the town where such person may dwell, the like notice 
an(;l process of a written declaration and certificate shall 
be made and given, mutatis mutandis, as is prescribed in 

Proviso. the second Section of this act. Provided always, That 
in every case of secession from one Society and joining 
with another, the person so seceding shall be hoiden in 
law to pay his or her proportion or assessment of all paro- 
chial or society debts and expenses voted or assessed, and 
not paid prior to such secession. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace for the county of Kennebeck, upon application 

sue wan-ant. thcrefor, is hereby authorised to issue a warrant, directed 
to one of the members of the said First Baptist Society in 
Wilton, requiring him to notify and warn the members 
thereof to meet at such convenient time and place as may 
be expressed in said warrant, to organize the said society, 
by the choice and appointment of its oflicers. 

[Approved by the Governor, June 11, 1813.] 



CHAP. XVIII. 

An Act to incorporate The Central Manufacturing Com- 
pany. 

Sec. 1. X3E it enacted hi/ the Senate arid House of 

Jleprese7itattves in General Court assembled, and by the 

„ . auihoritif of the sajne. That William Carr, James Kllis, 

Fersons in- ^ i t' • i ' i i i i i i 

corporated. Joscph bmith, juu. and Others, who have aheady associ- 
ated, together with such other persons as may hereafter 
associate with theru, their successors and assigns, be, and 
they hereby are made a coipoiation, by the name of The 
Central Manufacturing;- Company, for the purpose of man- 
ufacturing Cotton and Woollen goods at Seekonk, in the 
county of Bristol ; and for this purpose shall have all the 
powers and privileges, and be subjeci to all the duties and 
requirements contained in an act passed the third day of 
March, in the year of our Lord one thouvand eight hun- 



WISCASSET INSUR. COMP. June 11, 1813. 241 

died 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 -^Jay Jioid re- 
the value of one hundred thousand dollars, and such per- sonai estate. 
sonal estate, not exceeding the value of three hundred 
thousand dollars, as may be necessary and convenient for 
establishing and carrying on the manufactures aforesaid 
in the town of Seekonk. 

[Approved by the Governor, June 11, 1813.] 



CHAP. XIX. 

An Act to incorporate The Wiscasset Marine Insurance 

Company. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ a?id by the 
authority of the same^ That David Payson, Joseph T. 
Wood, Samuel Coney, Abiel Wood, VVilliam M. Boyd, 
John Dole, Samuel Millar, Moses Carleton, jun. Thomas ^^^'^^J^^eJ' 
M. Crate, William Nickels, James Kavanagh, Matthew 
Cottrill, John Boyinton, Benjamin Sewall, Henry Roby, 
Samuel E. Smith, Joshua Hilton, Ezekiel Cutter and 
Thomas Nickels, together with such persons as have al- 
ready, or hereafter may become Stockholders in said 
CoH'pany, being citizens of the United States, be, and 
are hereby incorporated into a Company or bod)' politic, 
by the name of The Wiscasset Marine Insurance Compa- xame. 
ny, for and during the term of twenty years from the pas- ^ 
sing of this Act, and by that name may sue and be sued, 
plead or be impleaded, appear, prosecute and defend to 
final judgment and execution, and have a common seal Powers. 
which they may alter at pleasure, and may purchase, hold 
and convey any estate, real or personal, for the use of the 
said company, subject to the restrictions hereinafter men- 
tioned. 

Sec. 2. Be it further enacted^ That a share in the cap- 
ital stock of the said company shall be one hundred dol- 
lars, and the number of shares shall be one thousand, and Shares. 
if the said number of shares are not already filled, sub- 
scriptions shall be kept open under the inspection of the 



24S WISCASSST INSUR. COMP. June 11, 1813. 

President and Directors of the suid conipany, until the 
same shall be filled, and the whole capital stock, estate or 
property which the said company shall be authorised to 
hold shall never exceed one hundred thousand dollars, 
exclusive of premium notes, or profits arisinj^ from said 
business, of which capital stock or propeity, twenty thou- 
sand dollars only shall be invested in real estate. 

Sec. 3. Be it further enacted., That the stock, proper- 
Manag-ement ^y' ^^^^''s ''I'ld concerns of the said company shall be man- 
or property, aged and conducted by nine Directors, one of whom shall 
be the President thereof, who shall hold their offices for 
one year, and until others shall be chosen, and no longer; 
which Directors shall, at the time of fheir election, be 
stockholders and ciiizens of this Commonwealth- and 
shall be elected on the first Tuesday in March in each 
and every year, at such times of the day, and at such place 
in the town of Wiscasset, as a majority of the Directors 
for the time being shall appoint ; of which election public 
notice shall be given in at least two Newspapers, one 
printed at Portland, and one printed in some town adjoin- 
ing Kennebeck River, and continued for the space of fif- 
teen days immediately preceeding such election. And 
such election shall be holden under the inspection of three 
stockholders, not being Directors, to be appointed previ- 
ous to every election by the Directors, and shall be made 
by ballot by a niajority of votes of the stockholders pres- 
ent, allowing one vote to each share in the capital stock ; 
Proviso. provided that no stockholder shall be aliow^ed more than 
twenty votes ; and the Stockholders not present may vote 
by proxy, under such regulutioris as the said company 
shall prescribe. And if in case of any unavoidable acci- 
dent the said Directors should on the said first Tuesday 
of March not be cliosen as aforesaid, it shall be lawful to 
choose them on another day, in manner herein prescribed. 
Sec. 4. Be it further enacted. That the Directors, so 
Election of choscn, shall meet as soon as may be after every election, 
President, and shall choose out of their body one person to be Pres- 
ident, who shall preside for one year, and until another be 
chosen and qualified in his stead, and be sworn faithfully 
to discharge the duties of his office ; and in case of the 
death, resignation, or inability to serve, of the President 
or any Director, such vacancy or vacancies shall be filled, 
for the remainder of the year in which they may happen. 



VVISCASSET INSUR. COMP. June 11, 1813. 243 

by a special election for that purpose, to be held in tl)e 
same manner as is herein before directed respecting annual 
elections for Directors and President. 

Sec. 5. Be it further enacted^ That the President and 
four of the Directors (or five of the Directors in the ab- 
sence of the President) shall be a board competent to trans- 
act business, and all questions before them shall be de- 
cided by a majority of votes ; and they shall have power 
to make and prescribe such by-laws, rules, and regula- r^^.i^ws, 
tions, as to them shall appear needful and proper, touch- Rules, &c. 
ing the management and disposition of the stock, propert}', 
estate, and effects of said Company, and the transfer of the 
shares, and touching the duties and conduct of the several 
officers, clerks and servants employed, and the election 
of Directors, and all such matters as apjDcrtain to the bu- 
siness of Insurance ; and shall also have power to appoint 
a Secretary, and so many clerks and servants for carrying 
on the said business, and with such salaries and allowances 
to them and to the President, as to the said board shall 
seem proper. Provided that such by-laws, rules, and reg- 
ulations, shall not be repugnant to the constitution or laws 
of this Commonwealth. 

Sec 6. Beit further enacted^ That there shall be stated Meetino-sof 
meetings of the Directors at least once in every month, and the Direc- 
as often 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 ap- 
pointed in rotation, shall assemble daily, if need be, for the 
dispatch of business ; and the said board of Directors and 
the Committee aforesaid, at and during the pleasure of the 
said board, shall have power and authority, in behalf of 
said Company, to make insurance upon vessels, freight, 
money, goods and effects, and against captivity of per- 
sons, and on the life of any person during his absence at 
sea, and in cases of money lent upon bottomry and respon- 
dentia, and to fix the premiums and terms of puyment ; 
and all policies of insurance by them made shall be sub- 
scribed by the President, or in case of his death, sickness, PiMvisiou iu 
inability, or absence, by any two of the Directors, and case of ab- 
countersigned by the Secretary, and shall be binding and ''^^'^'^ 
obligatory upon the said Company, and have the like ef- 
fect and force as if under the seal of said Company ; and 
the assured may thereupon maintain an action upon the 



244 WISCASSET INSUR. COMP. June 11, 1813. 

case against the said Company ; and all losses duly aris- 
ing under any policy so subscribed, may be adjusted and 
settled by tke President and board of Directors, and the 
same shall be binding on the said Company. 

Sec. 7. Beit further enacted^ That it shall be the duty 
Dutiesofthe of the Directors, on the first Tuesday of" July and Januar}', 
Directors, jn every year, to make dividends ot so much of the inter- 
est arising from the capital stock, and the profits of the 
said Compan}^, as to ihem shall appear advisable ; but the 
monies received, and the notes taken for premiums on 
risks, which shall be undetermined and outstanding at the 
time of making such dividends, shall not be considered 
as part of the profits of the Company ; and in case of any 
loss or losses, whereby the capital stock of the Company 
shall be lessened, each proprietor's or stockholder's estate 
shall be held accountable for the deficiency that may be 
due on his share or shares at the time of said loss or losses 
taking place, to be paid into the said Company by assess- 
ments, or su.ch other mode, and at such time or times as 
the Directors shall order; and no subsequent dividend shall 
be made, until a sam equal to such diminution shall have 
been added to the capital. And that once in every two years, 
and oftener, if required by a majority of the votes of the 
stockholders, the Directors shall lav before the stockhold- 
crs, at a general meeting, an exact and particular state- 
ment of the profits, if any there be, after deducting losses 
and dividends, and also a particular statement of the whole 
concerns of said Company. 

Sec 8. Be it further enac*edy Tliat the said Company 
shall not directly or indirectly, deal or trade in buying or 
of the funds Selling any goods, wares, merchundize, or commodities 
of the Com- whatever; and the capital stock of said Company, after 
^^''^' being collected at each instalment-, shall, within ninety 

days, be invested either in the funded debt of the United 
States, or of this Commonvv'ealth, or in any stock of the 
United States, or of any incorporated bank in ihis Common- 
wealth, "it the discretion of the President and Directors of 
said Company, or of otiier officers which the proprietors 
shall for such purpose appoint. 

Sec . 9. Be it further enacted. That fifty dollars on each 
Monies due. share in the said Company, shall be paid within six months 
after the first meetirig of said Company, and the remain- 
ing sum due on each share, within twelve months froni 



WISCASSET INSUR. COMP. June 11, 1813. 245 

the time of the first payment aforesaid, at such equal in- 
stalments, 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 shall have been paid. 

Sec. 10. Be it further enacted^ Tliat in case of any loss or 
losses taking place that shall be equal to the amount of the 
capital stock of the said Company, and the President or Di- P^<=^'*s' es- 
rectors, alter knowing ot such losses havmg taken place, table forde- 
shall subscribe to any policy of Insurance, their estates, ^^^^'^• 
jointly and severally, shall be accountable for the amount 
of any, and every loss that shall take place under policies 
thus subscribed ; and that no person, being a Director of 
any Company, carrying on the business of Marine Insur- 
ance, shall be eligible as a Director of the Company by this 
act established. 

Sec 11. Be it further enacted^ That the President and 
Directors of the said Company shall, previous to their 
subscribing to any policy, and once in every year after, 
publish in two Newspapers, one printed at Portland, and 
one printed in some town adjoining on Kennebeck river, 
the amount of their stock, against what risks tliey mean 
to insure, and the largest sum they mean to take on any one 
risk. — Provided nevertheless. That the said President and Pi-oviso. 
Directors shall not be allowed to take any more on any one 
risk, than ten per centum of the amount of the capital 
stock of said Corporation actually paid in. 

Sec 12. Be it further enacted^ That the President and 
Directors of the said Company shall, when and so often statement of 
as required by the Legislature of this Commonwealth, affairs to be 
lay bei'ore them a statement of the affairs of said Company, ^'^'"^^'^ ■ 
and submit to an examinatioUjConcerning the same, under 
oath. 

Sec 13. Be it further enacted. That any four of the 
stockholders, are hereby authorized to call a meetini]: of ^ ,, ,, 
the members ot said Company as soon as may be, m Wis- authorized 
cassct, by advertising the same three weeks successively, fo call meet- 
in one New^spaper printeil in Portland, and posting up ad- '"^" 
vertisements thereof, in the town of Wiscasset, fourteen 
days previous to said meeting. 

[Approved by the Governor, June 11, 1813.] 



246 MIDDLEBORO\— HOLLISTON. June 11, 1813- 



CHAP. XX. 

An Act to incorporate a Manufacturing Company in th^ 
town of Middleborough. 

Sec. 1. AjR it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
. authority of the sa?ne. That Abiel Washburn, George 
csrporated" Leonard, Levi Pierce, Peter H. Pierce, William Bourne, 
Joseph Bourne, John Borden, jun. John Tinkham, Eph- 
raim Leonard,Ed\vard Sparrow, jun. Wilkes Wood, James 
Sprout, and Abraham W^ilson, with such others as may 
hereafter be associated with them, their successors and 
assigns, be, and hereby are made a Corporation, by the 
name of The New- Market Manufacturing Company, for 
the purpose of manufacturing Iron, and also Cotton and 
Woollen Clodi, and Yarn, in the town of Middleborough, 
in the county of Plymouth ; and for that purpose, shall 
have all the powers and privileges, and be subject to all 
the duties and 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." 
May hold Sec. 2. Be it further enacted, That the said Corpora- 

real and per- tion may be lawfully seized of such real estate, not exceed- 
sonai estate. j,^g ^|^^ value of fifty thousand dollars, and possessed of 
such personal estate, not exceeding the value of one hun- 
dred and fifty thousand dollars, as may be necessary and 
convenient for carrying on the ?flanufactures aforesaid. 
[Approved by the Governor, June 11, 1813.] 



CHAP. XXI. 

An Act to incorporate The HoUiston Cotton and Woollen 
Manufactory. 



Sec 1. X^E it etiacted by the Se?jate and House of 
Representatives, in General Court assembled, and by the 
Persons Ih- authority of the same. That Elihu Cutler, James Wight, 
corporated. Oliver Leland, Timothy Fisk, Aner Fisk, James Cutler, 



FREEDOM. /uneU, 1813. 247 

and Nathan Fairbanks, together with such other persons 
as already have, or may hereafter associate with them, their 
successors and assigns, be, and they hereby are made a 
Corporation, by the name of The Holliston Cotton and 
Woollen Manufactory, for the purpose of manufacturing 
Cotton and Wool, at Holliston, in the county of Middle- 
sex ; 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 the third day of March, 
in the year of our Lord one thousand eight hundred and 
nine, entitled " An act defining the general powers and 
duties of Manufacturing Corporations." 

Sec 2. Be it further enacted^ That said Corpora- 
tion may be lawfully seized of such real estate, not ex- reafandper- 
ceeding the value of fifty thousand dollars, and such per- sonal estate, 
sonal estate, not exceeding the value of one hundred thous- ' 
and dollars, as may be necessary and convenient for estab- 
lishing and carrying on the Manufacture of Cotton and 
Wool, at Holliston aforesaid. 

[Approved by the Governor, June 11, ]813.] 



CHAP. XXII. 

An Act to incorporate the plantation heretofore called 
Beaver Hill, into a town, by the name of Freedom. 



Town incor" 



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 plantation heretofore call- 
ed Beaver Hill, in the county of Kcnnebeck, as described porlted." 
within the following boundaries, be, and the same is here- 
by incorporated into a town, by the name of Freedom, 
viz. Northerly on the town of Unity, easterly on the town 
of Montville, southerly on the town of Palermo, and west- Boundaries, 
crl}^ on the town of Fairfax ; and the said town of Free- 
dom is hereby vested with all the powers and privileges, 
and shall be also subject to the like duties and requisitions 
of other corporate to'vns, 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 Kcnnebeck, is hereby authorized 



248 JURORS.— BANKING CORPOR. June 12, 1813. 

Justice to is- to issue a warrant, directed to a freeholder and inhabitant 
sue Warrant, ^j- jj^^ said town of Freedom, requiring him to notify and 
warn a meeting of the qualified voters therein, 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 meet- 
ings. 

[Approved by the Governor, June 11, 1813.] 



CHAP. XXIII. 

An Act concerning Jurors. 

XjE it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
autiwrity of the same. That the time for preparing a list 
of persons for one jury box, as provided for and required 
by an act, entitled " An act in addition to, and for repeal- 
ing the first section of an act, entitled An act regulating 
tended. " the selection, impannellir.g, and the services of grand and 
petit juries, and repealing all laws or clauses of laws 
touching these subjects, so liir as they are provided for by 
this act," passed on the twenty-seventh day of February, 
in the year one thousand eiglit hundred and thirteen, be, 
and the same hereby is extended to the first da}- of Sep- 
tember, in the year last mentioned, any thing in said 
act to the contrary notwithstanding. 

[Approved by the Governor, June 12, 1813.] 



Tiine ex- 



CHAP. XXIV. 

An act in addition to an act, entitled ^^ An act subjecting 
the real estates of Banking Corporations to be taken 
and sold at public auction, for the payment of their 
debts." 

Sec. 1. J3E it enacted by the Senate and House of 
JiepresentativeSf in General Court assembled, a?7d by the 
authority of the same, That from and after the first day of 



BANKING CORPORATIONS. June 12, 1815. 249 



August next, all the right, title, claim, and interest of any Property lia- 
Bank now incorporated, or which may be hereafter incor- ^le tobetak. 
poraied by law, in any lands, tenements, or hereditaments, executions. 
which have been or shall be mortgaged for security of any 
debt due or assigned to such Bank, shall be liable to be 
seized and sold on any writ of execution issued on any 
judgment rendered, or which may hereafter be rendered 
by any Court of IdW within this Commonwealth, and sold 
at public auction, in the same manner as is prescribed for 
the sale and conveyance of the real estates of such Banks, 
in the acl to which this is an addition. 

Sec 2. Be it further enacted. That any debt secured 
by such mortgage, and due to such Bank at the time of 
the sale of such mortgage, shall pass by the deed of con- 
veyance executed by the officer who shall serve such writ 
of execution, and be completely, and to all intents and 
purposes transferred to, and vested in such purchaser ; 
and such purchaser, or his legal representatives, may, in his 
own name, maintain any action proper to recover such debt, 
or to obtain possession of such lands, tenements, or heredit- 
aments, which might have been maintained in the name of 
such Bank, had no such sale been had ; and the cop}^ of 
such mortgage deed, duly certified by the Register of 
Deeds for the county or district where such lands are sit- 
•uated, and where such mortgage deed shall be recorded, 
shall be considered prima facie evidence of such mortgage 
deed, and of the note or other obligation on which such 
mortgage is founded, and that the same were remaining 
due and unsatisfied at the time of the trial of such action ; 
and it shall be the duty of the Cashier or Clerk of such q^^.. ^^ 
.Bank, on reasonable request, to furnish such officer, who CasiVier or 
shall serve such execution, or the judgment creditor, with Cievk. 
a certified copy of such note or other obligation, together 
with a copy of all the endorsements thereon, and a state- 
ment of all such payments as shall have been made there- 
on by such debtor; and whenever such debtor shall have 
paid to such purchaser the amount due on such note or 
obligation, he shall be forever discharged from such note 
or obligation. 

Sec 3. Be it further enacted, That no gift, sale, trans- 
fer, conveyance or endorsement of such note or mortgage, Gift or sale 
made by such Bank, after notice to such Bank and such t>y the Bank 
debtor of the seizure thereof, on execution by such officer ""*' ^^^'^' 



250 PROVINCETOWN. June 12, 1813. 

for purpose of sale under this act, shall have any validity, 
force, or effect against such nurchaser under such sale at 
auction, but the same shall be adjudged null and void, ex- 
cept only between such Bank and such person to whom 
such Bank shall make such gift, sale, transfer, conveyance, 
or endorsement, their heirs, executors, administrators, and 
assigns. 

[Approved by the Governor, June 12, 1813.] 



CHAP. XXV. 

An Act to set off Silas Atkins, jun. and others from the 
town of Truro, and annex them to the town of Prov- 
incetown. 

Sec 1. XlE it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same ^ That Silas Atkins, jun. Henry Dyer, 

Tff frc.n the -^^^'"^"^ Atkins Mayo, Charles Parker, Isaiah Atkins, Sam- 

•yn Truro, uei W. Atkins, Nathaniel Atkins, Coi.rad Disher, John 
Stone, and Job Dyer Hill, with their families and estates, 
together with all other persons living on the first and sec- 
ond lots in Truro, adjoining said Provincetown, shall be, 
and they hereby are set off from said tov/n of Truro, and 
annexed to said town of Provincetov\n, and shall forever 
hereafter be subject to all the duties, and entitled to all 
the privileges of citizens and inhabitants of Provincetown. 

Proviso. Provided however^ That said persons so set off, shall be 
liable to pay all taxes that have been legally assessed on 
them by said town of Truro,in the same manner as if this act 
had not passed. And provided further, That until a new 
valuation of polls and estates shall l)e taken and made, the 
said town of Provincetown shall be liable to pay over to 
the town of Truro, all such sums of money as shall be 
levied and collected from the persons set off as aforesaid, 
as their proportion of the state and county taxes. 

Sec 2. Be it further enacted. That the dividing line 

Boundaries, between the town of Truro and the town of Province- 
town, shall in future be the line between the second and 
third lots of said town of Truro as they have been hereto- 
fore known, and as the said line now runs across the Cape 



MEGHAN. BANK.— LEVANT. Jwie 12, 1813. 251 

from the waters of the harbour, upon the south, inside, to 
the sea, upon the north or back side. 

[Approved by the Governor, June 12, 1813.] 



CHAP. XXVI. 

An Act extending the time for paying the instalments of 
the capital stock of The Mechanicks' Bank in New- 
buryport. 

XjE It enacted by the Senate and House of 
Representatives, in General Court assembled, arid by the 
authority of the same. That the first instalment of the said Fm-t^e, fi^e 
Capital stock shall be paid on or before the first day of allowed to 
July next, the second on or before the first day of October P^y ii^stal- 

nifciits* 

next, the third on or before the first day of January next, 
and the fourth on or before the first day of April next ; 
and such payments shall, in all respects, be as valid, as if 
they had been made agreeably to the second section of the 
act of their incorporation, any thing in the said act to the 
contrary notwithstanding. 

[Approved by the Governor, June 12, 1813.] 



CHAP. XXVII. 

An Act to incorporate the inhabitants of Plantation num- 
bered two, in the third range of townships, north of the 
Waldo Patent, in the county of Hancock, into a town, 
by the name of Levant. 



Sec 1. -iJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the Plantation numbered 
two, in the third range, north of the Waldo Patent, in 
the county of Hancock, as contained within tlie follo'.v- 
iner described boundaries, be, and hereby is established a ,„ , . 

»-> p T 1 1 • Town mcor- 

town, by the name of Levant, viz. east by township num- porated. 
bered one, in the third range ; north by township num- 
bered two, in the fourth range, (now Corinth;) south by 



252 DUXBORO' AND MARSHFIELU. June 14, 1815. 

Boundaries, towiiships numbered two and three in the second range ; 
and west by the township granted to Leicester Academy. 
And the inhabitants of the said town of Levant are hereby 
vested with all the powers and privileges, and shall also 
be subject to all the duties and requisitions of other towns, 
according to the constitution and laws of this Common- 
wealth. 

Sec. 2. Be it further enacted^ That upon application 
Justice to is- tlierefor, any Justice of the Peace for the county of Han- 
sue warrant, cock is hereby authorised to issue a warrant, directed to 
a freeholder and inhabitant of the said town of Levant, re- 
quiring him to notify and warn a meeting of the inhabit- 
ants 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. 

[Approved by the Governor, June 14, 1313.] 



CHAP. XXVIIL 

An Act to establish part of the line between the towns of 
Duxborough and Marshfield, in the county of Plym- 
outh. 



B 



'E it enacted by the Senate and House of 
Representatives in Gejieral Court assembled, and by the 
authority of the same. That that part of the dividing line 
Boundary betwecu thc uorth-cast corner of Duxboro' and the south- 
line estab- gggj- corner of Marshfield, namely, beginning at a heap of 
stones on the top of Duck hill, and running north, sixty- 
six and an half degrees east, to the sea shore, shall, from 
and after the passing of this act, be the boundary line 
between the two towns, any law, usage, or custom to the 
contrary, notwithstanding. 

[Approved by the Governor, June 14, 1813. 



PAY OF REPS— MIDDLESEX. June 14, 1813. 25: 



CHAP. XXIX. 

An Act to repeal an act, entitled " An act to provide for, 
and direct the manner of paying the members of the 
House of Representatives, in future, out of the publick 
Treasury." 

« 

XJE 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 third day 
of February eighteen hundred and twelve, entitled " An 
act to repeal an act, entitled an act to provide for and di- ^.ct repealed 
rect the manner of paying the members of the House of 
Representatives, in future, out of the public Treasury," 
shall be, and the same is hereby repealed, from and after 
the last day of the present session of the General Court. 
[Approved by the Governor, June 14, 1813.]] 



CHAP. XXX. 

An Act for altering the times and places of holding the 
Court of Probate, within and for the county of Middle- 
sex. 



'E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That instead of the times and 
places already appointed therefor, the Court of Probate, 
within and for the county of Middlesex, from and after the 
first day of July next, shall be holden at the several times 
and places hereinafter mentioned : that is to say, at Cam- 
bridge on the second Tuesday in January, February, and 
November, on the last Tuesday in May and August, and Times and 
on the Tuesday next preceding the second Monday in holding 
December ; at Concord on the last Tuesday in February, court. 
on the first Tuesday in April, on the Tuesday next pre- 
ceding tlie second Monday in June and September, and on 
the third Tuesday in November ; at Groton on the first 
I'uesday in March, on the second Tuesday in May, and 
€>n the third Tuesday in October ; at Framingham on the 
5 



254 BATH INSURANCE COMP. June 14, 1813. 

fourth Tuesday in June, and on the second Tuesday in 
October ; at Charlestown on the Tuesday next preceding 
the last Tuesday in August ; at Woburn on the fourth 
Tuesday in April; and at Chelmsford on the first Tuesday 
in October, annually — unless the said times and places 
shall be altered on special occasions, as by law heretofore 
provided. 

[Approved by the Governor, June 14, 1813.] 



CHAP. XXXI. 

An Act to incorporate The Bath Fire and Marine Insur- 
ance 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 Peleg Tallman, David Trufant, 
Samuel Davis, John Richardson, Jerom Loring, Jonathan 

roJJorateci" " ^vde, Chades Clap, David Dunlap, Nathaniel Dummer, 
Thomas Agry, Peter Grant, and all such persons as have 
already, or hereafter shall become Stockholders in said 
Company, being citizens of the United States, be, and 
hereby are incorporated into a Company and body politic, 

Name. by the name of The Bath Fire and Marine Insurance Com- 

pany, for and during the term of twenty years after the pas- 
sing of this Act, and by that name mayjsue and be sued, 
plead or be impleaded, appear, prosecute and defend to 

Powers, final judgment and execution, and have a common seal 
which they may alter at pleasure, and may purchase, hold 
and convey any estate, real or personal, for the use of 
said company, subject to the restrictions hereinafter men- 
tioned. 

Sec 2. Be it further enacted, That a share in the cap- 
ital stock of the said company shall be one hundred dol- 

SJures. lars, and the number of shares shall not be less than one 
thousand, nor more tlian two thousand ; and if the said 
number of shares are not already filled, subscriptions shall 
be kept open, under the inspection cf the President and 
Directors of the said company, until the same shall be 
filled, and the whole capital stock, estate or property, which 
the said company shall be authorised to hold, shall never 
exceed two hundred thousand dollars, exclusive of pre- 



I 



BATH INSURANCE COMP. June 14, 1813. 255 

mium notes, or profits arising from said business, of which 
capital stock or property, twenty thousand dollars only 
shall be invested in real estate. 

Sec. 3. Be it further enacted^ That the stock, proper- 
ty, affairs and concerns of the said company shall be man- 
aged and conducted by seven Directors, one of whom shall Management 
be the President thereof, who shall hold their offices for o^" property. 
one year, and until others shall be chosen, and no longer; 
which Directors shall, at the time of their election, be 
stockholders and citizens of this Commonwealth^ and 
shall be elected on the first Monday in January in each 
and every year, at such times of the day, and at such 
place in the town of Bath, us a majority of the Directors 
for the time being shall appoint ; of which election public 
notice shall be given in the Portland Gazette, and posted 
in the Post office in the town of Bath, twenty days imme- 
diately preceding such election. And such election shall 
be holden under the inspection of three stockholders, not 
being Directors, to be appointed previous to every elec- 
tion, by the Directors, and shall be made by ballot by a 
majority of voles of the stockholders present, allowing one 
vole to each share in the capital stock ; provided that no Proviso, 
stockholder shall be allowed more dian twenty votes ; and 
the Stockholders not present may vote by proxy, under 
such regulations as the said company shall prescribe- And 
if, in case of any unavoidable accident, the said Directors 
should not be chosen on the said first Monday in January, 
as aforesaid, it shall be lawful to choose them on another ^ 

day, in manner herein j)rescribed. 

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 Pres- 
ident, who shall preside for one year, and be sworn faithfully 
to discharge the duties of his office ; and in case of the 
death, resignation, or inability to serve, of the President 
or any Director, such vacancy or vacancies shall be filled, 
for the remainder of the year in which they may have hap- 
pened, by a special election for that purpose, notified by 
posting notice ten days before, in the Post office in the 
said town of Bath. 

Sec 5. Be it further enacted^ That the President and 
four of the Directors (or five of the Directors in the ab- 
scnce-of the President) shall be a board competent to trans- 



256 BATH INSURANCI". COISiP. June 14, 1815. 

act business, and all questions before them shall be de- 
cided by a majority of votes ; and they shall have power 
By-laws, to make and prescribe such by-laws, rules, and regula- 
Euies, &.C. tions, as to them shall appear needful and proper, touch- 
ing the management and disposition of the stock, property, 
estate, and eftects of said Company, and the transfer of the 
shares, and touching the duties and conduct of the several 
officers, clerks and servants employed, and the election 
of Directors, and all such matters as appertain to the bu- 
siness of Insurance ; and shall also have power to appoint 
a Secretary, and so many clerks and servants for carrying 
on the said business, and with such salaries and allowances 
to them and to the President, as to the said board shall 
Proviso. seem meet. Provided that such by-laws, rules, and reg- 
ulations, shall not be repugnant to the constitution or laws 
of this Commonwealth. 

Sec 6. i?(? zYy?//t/zcr e^zrzc^cf/, That there shall be stated 
the^Dil-ec"^ meetings of the Directors at least once in every month, and 
tors. as often (vithin 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 ap- 
pointed in rotation, shall assemble daily, if need be, for the 
dispatch of business ; and the said board of Directors and 
the Committee aforesaid, at and during the pleasure of the 
said board, shall have power and authority, on behalf of 
the Company, to make insurance upon vessels, freight, 
money, goods and effects, and against captivity of per- 
sons, and on the life of any person during his absence by 
sea, and in cases of money lent U])on bottomry and respon- 
dentia, and on any mansion house or other building, and on 
the goods and property therein contained, against damage 
arising to the same by fire, originating in any cause, ex- 
cept that of design in the assured, and to fix the premi- 
ums and terms of payment ; and all policies of insurance 
by them made shall be subscribed by the President, or in 
Provision in (>ygg qJ" j^jg (icath, sickncss, inability, or absence, by any 
Mice or two of the Directors, and countersigned by the Secretary, 
<'cath. and shall i)e binding and oi^ligatory upon tlie said Com- 

pany, and have the like efi'ect and force as if under the seal 
of the said Company ; and the assured may thereupon 
maintain an action of the case against the said Company ; 
and all losses duly arising under any policy so subscribed, 
may be adjusted and settled by the President and board 



BATH INSURANCE COMP. June 14, 1813. 257 

of Directors, and the same shall be binding on the Com- 
pany. 

Sec. 7. Be it further enacted^ That it shall be the duty 
of the Directors, on the first Monday of January and July, Dutiesofthe 
in every year, to make dividends of so much of the inter- '^^'^'^^'^• 
est arising from the capital stock, and tlie profits of the 
said Company, as to them shall appear advisable ; but the 
monies received, and the notes taken for premiums on 
risks, which shall be undetermined and outstanding at the 
time of making such dividends, shall not be considered 
as part of the profits of the Company ; and in case of any 
loss or losses, whereby the capital stock of the Company 
shall be lessened, each proprietor's or stockholder's estate 
shall be held accountable for the deficiency that may be 
due on his share or shares at the time of said loss or losses 
taking place, to be paid into the saiti Company by assess- 
ments, or such other mode, and at such time or times as 
the Directors shall order; and no subsequent dividend shall 
be made, until a sum equal to such diminution shall have 
been added to the capital. And that once in every two years, 
and oftener, if required by a majority of the votes of the 
stockholders, the Directors shall lay before the stockhold* 
ers, at a general meeting, an exact and particular state- 
ment of the profits, if any there be, after deducting losses 
and dividends. 

Sec 8. Be it further e?iacted. That the said Company 
shall not directly or indirectly, deal or trade in buying or ij^vesiment 
selling any goods, wares, merchandize, or commodities of Uie funds 
whatsoever; and the capital stock of the said Company, ^f^'eCom- 
after being collected at each instalment, shall, within ninety 
days, be invested either in the funded debt of the United 
States, or of this Commonwealth, or in the stock of any 
incorporated bank in this Commonwealth, at the discretion 
of the President and Directors of the said Company, or of 
other officers which the proprietors shall fop such purpose 
appoint. 

Secv 9. Be it further enacted^ That fifty dollars on each 
share in the said Company, shall be paid within ninety days Monies dii«, 
after the first meeting of the said Company, and the remain- 
ing sum due on each share, within one ytd-v afterwards, 
at such equal instalments, and under such penalties, as the 
said Company shall direct ; and no transfer of any share 



258 



BATH INSURANCE COMP. 



June 14, 1813. 



officers' es- 
tate account 
able for de- 
fault. 



Proviso. 



Stockhold- 
ers author- 
ized to call 
meeting'. 



in said Company shall be permitted, or be valid, until all 
the instalments on such shares shall have been paid. 

Sec. 10. Be it further enacted^ That in case of any loss 
or losses taking place that shall be equal to the amount of 
• the capital stock of the said Company, and the President 
or Directors, after knowing of such loss or losses taking 
place, shall subscribe to any policy of Insurance, their es- 
tates, jointly and severally, shall be accountable for the 
amount of any and every loss that shall take place under 
policies thus subscribed ; and that no person, being a Di- 
rector of any Compan)% carrying on the business of Marine 
Insurance, shall be eligible as a Director of the Company 
by this act established. 

Sec 11. Be it further enacted^ That the President and 
Directors of the said Company shall, previous to their 
subscribing to any policy, and once in every year after, 
publish in a Newspaper printed at Portland, and at the 
Post office in Bath, the amount of their stock, against what 
risks they mean to insure, and the largest sum they will 
take on any one risk. Provided 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 Corporation 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 
persons herein named are hereby authorised to call a meet- 
ing of the members of said Company, as soon as thej'^ shall 
think fit, in Bath ; by advertising the same in the Portland 
Gazette, printed in Portland, and at the Post office in Bath, 
three weeks previous to said meeting. 

[Approved by the Governor, June 14, 1813.1 



ST. ALBANS. June 14, 1813. 259 



CHAP. XXXII. 

An Act to incorporate the township numbered five, in the 
fourth range of townships north of the Waldo patent, 
in the county of Somerset, as a town, by the name of 
St. Albans. 

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 five, 
in the fourth range of townships north of the Waldo pa- Town incor. 
tent, in the county of Somerset, as contained within the E^J't^daries'.'^ 
following described boundaries, be, and the same is here- 
by incorporated as a town, by the name of St. Albans, 
viz. — North, by the township numbered five, in the fifth 
range ; east, by the township numbered four, in the fourth 
range ; south, by the township numbered five, in the third 
range ; and west, partly by the town of Harmony, and 
partly by the township numbered three, in the first range of 
townships east of Kennebeck River. And the said town of 
St. Albans is hereby vested with all the corporate powers 
and privileges, and shall be also subject to the duties and 
requisitions of other corporate 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 Somerset, upon application there- '^"f variant.' 
for, is hereby authorized to issue a warrant, directed to a 
freeholder and inhabitant of the said town of St. Albans, 
requiring him to notify and warn the first meeting of the 
qualified freeholders and voters 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. 

[Approved by the Governor, June 14, 1813."] 



260 MILLER'S RIVER.— BANGOR. June 14, 1813. 



CHAP. XXXIU. 

An Act to prevent damage to the Bridges and Mill Dams, 
erected across Millers river, and for the preservation 
of Pine timber in that neighboarhood. 

Sec. 1. X)E it enacted by the Senate and House of 
Representatives, ifz General Court assembled^ and by the 
authority of the same, That from and after the first day of 
Logs not to Qctober next, no person or persons be allowed to lav, 

be placed on , ' * r i ■ • a/tmi % 

the ice, 8cc. pile, or heap up any log or logs upon the ice in Miller's 
river, with intent of floating down the same with the ice 
at the breaking up thereof, or to put or draw any log or 
logs into the said river, at any season, to float down pro- 
miscuously. 

Sec. 2. Be it further enacted. That all logs found so 
heaped upon the ice as aforesaid, or floating in the said river 
i-ogs forfeit- as afoicsaid, unless they are formed and bound into rafts, 
ed, if found ^j^j under the immediate care of the owner, or his agent, 
shall be forfeited to any person who shall take up and secure 
the same ; and any person finding logs so heaped upon the 
ice as aforesaid, or floating in the said river as aforesaid, un- 
less they are so formed and bound into rafts, and under 
the immediate care of the owner or his agent, shall have 
full right to take the same and convert them to his own 
use ; and in case any person may be prosecuted or sued 
for any act done by him under the provisions of this act, 
he may in such action or suit plead the general issue, and 
give this act with his proceedings under it, in evidence in 
his defence or justification. 

[Approved by the Governor, June 14, 1813. 



CHAP. XXXIV. 

An Act to incorporate The Bangor Manufacturing Com- 
pany. 



Sec 1. -13 E it enacted by the Senate and House of 
llcprescntaiives, in General Court assembled, and by the 
authority of the same, That Samuel E. Button, Thomas 



WALLOMONUMPS BRIDGE. June 14, 181i3. 261 

A. Hill, Amos Patten, Moses Patten, Abner Taylor, and Pe«ons m. 
Joseph Leavett, with such others as already have, or may <'°''P°^*'^'^'- 
hereafter associate with them, their successors and assigns, 
be, and they hereby are made a Corporation, by the name 
of The Bangor Manufacturing Company, for the purpose 
of manufacturing Cotton and Woollen Cloth, and Yarn, 
in the town of Bangor ; and for that purpose, shall have 
all the powers and privileges, and be subject to all the 
duties and requirements contained in an act, passed the 
third day of March, in the year of our Lord one thousand 
eisrht hundred and nine, entitled "An act definins: the 
general powers and duties of Manufacturmg Corpora- 
tions." 

Sec. 2. Be it further enacted^ That said Corporation 
may be lawfully seized and possessed of such real estate, Way hold 
not exceeding the value of thirty thousand dollars, and I^narcsuar 
such personal estate, not exceeding the value of fifty 
thousand dollars, as may be necessary and convenient for 
carrying on the Manufactory aforesaid. 

[Approved by the Governor, June 14, 1813.] 



CHAP. XXXV. 

An Act in addition to an act, entitled " An act for incor- 
porating certain persons therein named, for the purpose 
of supporting a Bridge over Chicapee river, at a place 
called Wallomonumps. 



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 inhabitants of the town of 
Ludlow, in the county of Hampden, be, and they are j^^^^yfl"^^'^ 
hereby authorized to call a meeting of The Proprietors of meciing^. 
Wallomonumps Bridge, by giving notice of the time and 
place appointed for meeting, under the hand of the 
town clerk of said town, or any person or persons by said 
town for that purpose appointed, in a Newspaper printed 
in Springfield ; said meeting to be holden not less than 
seven days after such notice shall be published ; and said 
proprietors may, at such meeting, choose a clerk, who 
shall be sworn to the faithful performance of his duty, and 
6 



262 EXCHANGE COFFEE-HOUSE. June 14, 181S. 

all other necessary officers, and make such by-laws and 
regulations as they may judge proper, not repugnant to 
the laws and constitution of this Commonwealth. 

Sec. 2. Be it further enacted. That the doings and 

Proceedings ,. f> • i /-. - i • in 

to be valid, proceedmgs ot said Corporation at such meetmg, shall, so 
far as respects their future transactions only, be, to all in- 
tents and purposes valid, as if, pursuant to the said act to 
which this is in addition, a clerk and other officers had 
been duly chosen and sworn by said Corporation, ai|(l they 
had then agreed upon a mode of calling future meetingis. 
[Approved by the Governor, June 14, 1813.] 



CHAP. XXXVI. 

An Act in further addition to an act, entitled " An act to 
incorporate sundry persons into a Company, by the 
name of The Proprietors of the Exchange Coftee- 
House," 

JDE it enacted by the Senate and House of 
liepresentatives in General Court assembled^ and by the 
authority of the same, That the Proprietors of the Ex- 
change Coffee- House, in Boston, in their corporate capa- 
city shall be, and are hereby declared capable to purchase, 
chase^land. ^ave, hold, and possess all parts and any part of the lands 
and tenements, lying, and being on the southwesterly side 
of said Exchange Coffee- House, and extending as far from 
the present southwesterly boundary of said proprietors* 
land, as the boundary line of the Quaker meeting-house 
and burying ground, so called ; and the same, or any part 
thereof, to grant, sell, alien, lease, exchange, manage 
and improve in such mode as they are, or may be, by law, 
authorized to do with respect to the land and property 
described in the original act, to which this is in further 
addition. 

[Approved by the Governor, June 14, 1813.] 



BRIDGEWATER.— FRANKLIN. June 14, 1813. 263 



CHAP. XXXVII. 

An Act to incorporate Tlie Bridgewater Manufacturing 

Company. 

Sec. 1. XjE it enacted by the Senate und House of t 
Representatives in General Court assembled^ and by the 
authority of the same^ That Abel Kingman, Thomas 
Thompson, Kaiah Packard, Perez Crocker, Micah Shaw, ^oToraied"' 
Ichabod Howard, and Samuel Battles, tof^ether with such 
others as have, or ma}^ hereafter associate with them, their 
successors or assigns, be, and they are hereby made a 
Corporation, by the name of The Bridgewater Manufac- 
turing Company, for the purpose of manufacturing Cotton 
and Woollen Cloth, and Yarn, in the town of Bridgewater, 
in the county of Plymouth ; and for the purpose aforesaid, 
shall have all the powers and privileges, and be subject to 
all the duties and requirements contamed in an act, passed 
the third day of March, in the year of our Lord one thous- 
and eight hundred and nine, entitled " An act defining 
the general powers and duties of Manufacturing Corpo- 
rations." 

Sec 2. Be it further enacted^ That said Corporation.. , ., 
may be lawfully seized and possosscd of such real estate, real and per- 
not exceeding the value of fifty thousand dollars, and such ^°"*^ esuie. 
personal estate, not exceeding one hundred thousand dol- 
lars, as may be necessary and convenient for carrying on 
the Manufacture aforesaid. 

[Approved by the Governor, June 14, 1813.] 



CHAP. XXXVIH. 

An Act to incorporate The Franklin Manufacturing Com- 
pany. 



Sec 1. JOE it enacted hij the Senate and House of 
Representatives, in General Court assembled^ and by the 
authority of the same, 'I'hat Joseph Allen, Nathaniel Mil- __^,_^ 
ler, Eli Richardson, Bethuel Boyd, Harlous Whiting, Levi corpmated" 
Fisher, Asa Thayer, Davis Thayer, John French, and Otis 
Everett, together with such other persons as already have, 



Persons in- 



264 HALLOWELL. June 14, 1813. 

or hereafter may associate with them, fiieir successors and 
assigns, be, and they are hereby made a Corporation, by 
the name of The Franklin Manufacturing Company, for 
the purpose of manufacturing Cotton and Woollen Cloth, 
and Yarn, in the town of Franklin, in the county of Nor- 
folk ; and for this purpose, shall have all the powers and 
privileges, and be subject to all the duties and require- 
ments contained in an act, entitled " An act defining the 
general powers and duties of Manufacturing Corpora- 
tions," passed the third day of March, in the year of our 
Lord one thousand eight hundred and nine. 

Sec 2. Be it further enacted^ That said Corporation 
, ,, may be lawfully seized and possessed of such real estate, 
aland per- HOt cxcecding fifty thousand dollars, and such personal 
s6nal estate, estate, not exceeding two hundred thousand dollars, as 
may be necessary and convenient for establishing and car- 
rying on the Manufacture aforesaid. 

[Approved by the Governor, June 14, 1813.3 



CHAP. XXXIX. 

An Act to annex Nathaniel Wing, with his family and 
estate, to the town of Hallowell. 



XJE it enacted by the Senate and House of fl| 



Representatives^ in General Court assembled^ and by the 
authority of the same, That Nathaniel Wing, with his 
Annexed to f^^^ily? ^"^ ^o much of his estate, (being a lot numbered 
other town, forty-one,) as lies in the town of Winthrop, southwest of 
a county road, leading from Hallowell to Readfield, be, 
and the same is hereby annexed to the tov.'n of Hallowell ; 
and the said Nathaniel Wing, shall hereafter be considered 
an inhabitant of the said town of Hallowell, and shall there 
exercise and enjoy all the rights and piivilLges,and shallalsp 
be subject to the like duties and requisitions as the other 
inhabitants of said Hallowell. Provided, That the said 
Nathaniel Wing shall be holden to pay all taxes assessed 
on him by the town of Winthrop, due and unpaid 
before the passing of this act, and also all such taxes as 
may be assessed on him by the said town of Winthrop 
the present year, and also his proportionate part of all 



xMASSACHU. TURNPIKE COR. June 14, 1813. 265 

state and county t:^xes, which shall be laid upon the said 
town of Winthrop, until another general valuation shall 
be made. 

[Approved by the Governor, June 14, 1813.] 



set 



CHAP. XL. 

An Act to set off Isaac Alden ^the second, and others, 
from The Union Calvinistic Society in Abington, and 
annex them and their estates to the East Parish in 
Bridgewater. 

XjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same. That Isaac Aldcn the second, Hi- Persons 
ram Washburn, Ezra Alden, Isaac Allen, Christopher ° 
Sever, and Sampson Washburn, all of Bridgewater, in 
the county of Plymouth, with their families and estates, 
be, and they hereby are set off from the Union Calvinistic 
Society, in the town of Abington, in said county, and an- 
nexed to the East Parish of Bridgewater aforesaid ; and 
shall hereafter be liable to all the duties, and entitled to all 
the privileges in said Parish they would have been, had 
'they never belonged to the said Union Calvinistic Society. 
Provided nevertheless. That they be held to pay all legal Proviso 
taxes and arrearages of taxes, already assessed upon them 
by said Society. 

[Approved by the Governor, June 14, 1813.] 



CHAP. XLI. 

An Act in addition to the several acts, establishing and 
regulating the First Massachusetts Turnj^ike Corpora- 
tion. 

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 First Massachusetts Turn- May pur- 
pike Corporation be authorized to purchase and hold such J=''J^^ ^"^ 
real estate, adjoining to their turnpike roads, as may be- 



266 MASSA. GENERAL HOSPITAL. June 14, 1813. 

convenient and necessary for the accommodation of their 
toll gatherers, and may from time to time sell or exchange 
the same when in their judgment it shall be necessary. 

Se-c. 2. Beit further enacted^ That the said corporation 
be, and they hereby are authorized to demand and receive 
' of each passenger, at the most eastern gate erected on said 
roads, for every cart, waggon, or truck, drawn by one 
horse, six cents and one quarter of a cent, and for each 
sleigh or sled, drawn by one horse, five cents ; and to de- 
mand and receive of each passenger at the west gate on 
said roads, for every cart, waggon, or truck, drawn by one 
horse, five cents, and for every sleigh or sled, drawn by 
Proviso. one horse, four cents. Provided however^ That nothing 
herein contained shall extend to entitle said Corporation 
to demand or receive toll from any person passing to or 
from his usual place of public worship, or from any per- 
son residing in the town where the gate may be placed, 
unless Uiey are going or returning from beyond the lim- 
its of said tovvn, or from any person going to or from any 
grist mill, or on the common and ordinary business of 
family concerns, 

[Approved by the Governor, June 14, 1813.] 



CHAP. XLIL 

An Act in addition to an act, entitled " An act to incor- 
porate certain persons, by the name of The Massachu- 
setts General Hospital," passed February 25th, A. D. 
1811. 

Sec 1. jLjY^ it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That the third section of the act, 
incorporating certain persons by the name of the Massa- 
seciion re- chusetts General Hospital be, and the same hereby is re- 
pealed, pealed ; and that in lieu of the obligation therein imposed, 
the said Corporation shall be held and obliged to appro- 
priate out of its funds, annually forever, to the support and 
maintenance of such sick poor, and lunatic persons, as 
may be received into said Hospital at the request of the 
legislature, or of any committee or officer appointed as the 
legislature may hereafter provide for the purpose, a sum 



TAUNTON GREx\T-RIVER. June 14, 1813. 267 

equal to simple interest on the money, for which the 
Province -House estate shall be sold ; and until the sale 
thereof, the said Corporation shall be held to keep a cor- 
rect account of the rents received, to be applied to the 
maintenance of sick poor, and lunatic persons, who would 
otherwise be chargeable to the Commonwealth, as soon as 
the Hospital shall be erected. And in case the said estate 
shall revert to the Conimonvveakh, as by the former and 
present acts is provided, the amount of said rents shall be 
paid into the Treasury of the Commonwealth. 

Sec 2. Be it furtlier enacted^ That a farther time of 
five years, from the twenty-fifth day of February cii^hieen Funliertime 
hundred and sixteen, be allowed and granted to said Cor- ^ 
poration, to raise, b}' private subscriptions or donations, 
the sum of one hundred thousand dollars for the purposes 
of their institution, without prejudice to the grant con- 
tained in the fourth section of said act. 

Sec 3. Be it further enacted^ That so niuch of the 
seventh section of said act, as empowers tlie board of vis- 
itors of said Hospital to disallow and annul the by-laws of g^^^^j^i^j, p^, 
said Corporation, be, and the same is hereby repealed. pealed. 

Sec 4. Be it further enacted^ That the eleventh and 
twelfth sections of said act be, and the same hereby are 
repealed. 

[Approved by the Governor, June 14, 1813.] 



CHAP. XLHI. 

An Act authorizing Stephen King and his associates, to 
establish a Dam across Tauntoii Great-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 Stephen King and his associ- Aiithorized 
ates be, and they are hereby authorized to build and main- ^" '""''■l '*■ 
tain a Dam across Taunton Great-River, so called, on the 
land of the said Stephen King, in Taunton and Raynham, 
at a place about one quarter of a mile above King's bridge 
on said river, for the purpose of establishing and carrying 
on Mills and Manufactories. Provided, That such Daiu p. ; ^ 
shall not be erected in such manner as to flow the water '''^""' 



268 MARSIIPEK. June 14, 1813. 

back to the injury of the works on Pratt's dam in Mid- 
dleboroLigh, situated on tiie same river. 
siuice-wny Sec. 2. Be it further enacted^ That a proper and suf- 
to be buiit flcient sluice-way, shall be constructed in the Dam hereby 
authorized to be built, and such shiice-way shall, at all 
times, be kept in repair, and ready to be opened for the 
free passage of boats and rafts, as well as all kinds of lum- 
ber, which have usually been floated o\\ said river, and also 
a convenient way to be constructed and kept open accord- 
ing to law, for the passage of such fish as usually pass up 
the same river in their proper season ; and if such sluice- 
ways and fish ways shall not be sufficient, the same Dam, 
or such part thereof as may be necessary, may be remov- 
ed or abated as a nuisance, in the same manner as other 
nuisances may, by law, be removed or abated. 

[Approved by the Governor, June 14, 1813.] 



CHAP. XLIV. 

An Act to appropriate certain lands lying within the planta- 
tion of Marshpce, in the county of Barnstable, as a par- 
sonage for the use of the missionary on said plantation. 

VV HE RE AS the permanent establishment of 
Frcairibie ^^ public worship of God amoug the native proprietors 
and inhabitants of the plantation of Marshpee, in the 
county of Barnstable, is eminently conducive to the re- 
ligious improvement and well being of said proprietors 
and inhabitants, the practice of which is sanctioned by the 
wisdom and policy of our venerable ancestors : 

BE it, therefore, enacted by the Senate and 
House (f Representatives in General Court assembled, and 
by the authority if the same. That the lands hereinafter 
described and bounded, situate in the plantation of Marsh- 
pee, in the county of Barnstable, be, and they are hereby 
appropriated and set apart as a parsonage, for the exclu- 
missionary. sive usc and Occupation of such teacher of piety, religion 
and morality, as now is, or may be in future regularly 
ordained as missionary over said plantation, to wit : a 
parcel of pasture land containing about thirty acres, known 



Lund appro, 
priated i'ur 



ST. JAMES' CHURCH. June 16, 1813. 269 

by the name of Santuct field, and is bounded west and 
north- westerly by Snntuct river and pond, so called ; north **"" ''"^'' 
and north-easterly by a swamp separating said land from 
Wright's field, so called; south and south-easterly by a 
fence, making a boundary line between said land and the 
land of Alvan Crocker and sons : also a parcel of meadow 
land lying round a small island, called Daniel's island, in 
Great Neck, producing about six tons of salt hay, and is 
separated from the other Indian meadow by an ancient 
range, on the westerly side of said island, connecting the 
same with the main land. 

[Approved by the Governor, June 14, 1813. 

CHAP. XLV. 

An Act to incorporate The Protestant Episcopal Parish 
of St. James' Church in Greenfield. 



Sec 1. -S_5E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That Thomas Chapman and Oliver 
Page, church wardens, and John E. Hall, Alpheus F. _ 
Stone, Chester Gnnn, Samuel Pierce and Daniel Clay, coVporated. 
vestrymen, together with such others as have, or may 
hereafter join said Parish or Society, and their successors, 
together with their polls and estates, be, and they hereby 
are incorporated into a society or body politic, by the 
name of 'i'hc Protestant Episcopal Parish of St. James' 
Churcii, in Greenfield ; and the said parish or society are 
hereby invested with full power and authority to assess 
and collect of the members belonging to said parish, for 
the purpose of maintaining the public worship of God 
therein, and for maintaining their instructor of piety, re- 
ligion and morality, and for erecting a house of public 
worship, and repairing the same from time to time, such 
monies as arc or may be necessary for those purposes ; 
and they are hereby vested with such powers, privileges 
and immunities, as any other religious society does or 
may enjoy by the laws of this Commonwealth. 

Sec 2. Be it further enacted. That if any other person 
or persons may hereafter incline to join said Episcopal 
7 



270 



NEW-ENGLAND BANK. 



June 16, 181s 



Manner of 
becoming a 
member. 



Manner of 
leaving' the 
society. 



Interest, 
Ikow appro 
priated. 



Parish, in Greenfield aforesaid, and shall leave a certificate 
of the same, sij^ncd by the Rector, Clerk or Committee 
of said parish, with the Clerk of the town to which he or 
they may respectively belong, he or they, with his or their 
polls and estates, shnll be considered as belonging to said 
Episcopal Parish, in the same manner as though he or 
they were incorporated by name in this act. And whenever 
any person or persons belonging to said Episcopal Parish, 
shall see cause to leave the same, and unite with any 
other religious parish or society, and shall leave with the 
Rector or Clerk of said Episcopal Parish, a certificate of 
the same, signed by the Minister or Clerk of the Parish 
or other religious Society, with which he or they may 
have united, he or they, with his or their polls and estates, 
shall be discharged from said Episcopal Parish, and an- 
nexed to the parish or society to which he or they may 
have joined themselves. 

Sec 3. Be it further enacted., That the said Protestant 
Episcopal Parish be, and they hereby are empowered to 
raise and establish a fund, in such way and manner as 
they may see fit, the annual income or interest of which 
shall not exceed the sum of two thousand dollars, the said 
income or interest, or so much thereof as shall be neces- 
sary, to be appropriated to the support of a Protestant 
Episcopal Priest or Priests in said Parish. 

l]Approved by the Governor, June 16, 1813.3 



CHAP. XLVI. 



Persons in 
' orporated. 



An Act to incorporate the President, Directors and Com- 
pany of the New-England Bank. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives., in General Court assembled., and by the 
authority of the safnc. That John Gore, Samuel May, 
Robert G. Shaw, Edward Blake, jun, Samuel Dorr, Na- 
thaniel R. Sturgis, George Lyman, David Greenough, 
Samuel Cabot, jun. Francis Lee, Allan Melvill, Edward 
Motley, Eben Appleton, David Hinckley, John Wood, 
Samuel G. Williams, Daniel P. Parker, James S. Col- 
burn, Israel Munson, Thomas K. Thomas, John Bum- 



NEW-ENGLAND BANK, June 16, 1813. 271 

stead, William Gill, Henry Gnssett, jun. Benjamin Rich, 
John Bryant, Henry G. Rice, Enoch Bartlett, William S. 
Shaw, Thomas Gushing, Richard D. Tucker, William 
Sturgis, Patrick T. Jackson, Francis C. Lowell, Willian;i 
Ropes, Francis Welch, Asaph Stone, Thomas Cordis, 
Phineas Upham, Charles Barrett, and Benjamin M. Wat- 
son, and their associates, successors and assigns, shall be, 
and are hereby created a Corporation, by the name of 
The President, Directors, and Company of the New- 
England Bank, and shall so continue from the first Mon- 
day in October next, until the first Monday in October, 
which will be in the year of our Lord, one thousand eierht ^. 

• ^1 MTiG incoi** 

hundred and thirty-one; and the said Corporation shall porated foe, 
always be subject to the rules, restrictions, limitations, 
taxes and provisions, and be entitled to the same right^, 
privileges and immunities, which are contained in an Aot, 
entitled, "An act to incorporate the President, Directors, 
and Company of the State Bank," except in so far as iflie 
same are modified or altered by this Act, as fully and 
eflfectually as if the several sections of said Act were here- 
in specially recited and enacted. 

Sec 2. Be it further enacted, That the capital stock 
of said Corporation shall consist of a sum not exceeding 
one million of dollars, in gold or silver, to be, besides such capiTaUtock, 
part as this Commonwealth may subscribe, in manner and of each 
hereinafter mentioned, divided into shares of one hundred ''^^^*^- 
dollars each, which shall be paid in manner following : 
that is to say, (jne fourth part thereof on or before the 
first day of October next, one fourth part thereof on or 
before the first day of January next, and the residue at of shares" 
such time as the stockholders, at any meeting called for 
that purpose, shall direct. And the stockholders at their 
first meeting shall by a majority of votes determine the 
mode of transferring and disposing of said stock, and the 
profits thereof; which, being entered in the books of said 
Corporation, shall be binding on the stockholders, their 
successors and assigns, until they shall otherwise deter- 
mine. And the said Corporation are hereby made capa- 
ble in law, to have, hold, purchase, receive, possess, enjoy 
and retain, to them, their successors and assigns, lands, j.g^j'^^g^°^g 
rents, tenements and hereditaments, to the amount of fifty and amount, 
thousand dollars, and no more, at anyone time; with 
power to bargain, sell and dispd^e of the same, and to 



•272 NEW-ENGLAND BANK. June 16, 1813 

loan and negociate their monies and effects, by discount- 
ing on banking principles, on such security as they shall 
think advisable: Provided hoiv ever ^ that nothing herein 
Pfoviso. contained, shall restrain or prevent said Corporation from 
taking and holding real estate in mortgage, or on execu- 
tions, to any amount, as security for, or in payment of 
any debts due to the said Corporation : ^4nd provided 
further^ that no monies shall be loaned, or discounts 
made, nor shall any bills or promissory notes be issued 
from said bank, until the capital subscribed and paid in, 
and existing in gold or silver in their vaults, shall amount 
to two hundred and fifty thousand dollars, nor until said 
capital stock, actually in said vaults, shall have been in- 
Governor to spcctcd and examined by three Commissioners, to be 
mSoners'r^PP^^"^^^^ by the Governor for that purpose, whose duty 
and duty of. it shall bc, at the expense of said Corporation, to examine 
and count the monies actually existing in said vaults, and 
to^scertain, by the oath of the Directors of said bank, or 
some of them, that said capital stock hath been bona fide 
paid in by the stockholders of said bank, and towards 
payment of their respective shares, and not for any other 
purpose ; and that it is intended therein to remain as part 
of said capital, and to return a certificate thereof to the 
Governor. 
Bank, where Sec. 3. Be it further enacted. That the said bank shall 
be established and kept in the town of Boston. 

Sec. 4. Be it further enacted. That whenever the Lc- 

gislature shall require it, the said Corporation shall loan 

., ^ , to the Commonwealth anv sum of money which may be 

Money to be . - •' • i i 

loaned the required, not exceeding ten per centum ot the capital stock 
State. tiien actually paid in, at any one time — reimbursable b}' 

five annual instalments, or at any shorter period, at the 
election of the Commonwealth, with the annual payment 
of interest, at a rate not exceeding five per centun- per 
Proviso. annum : Provided however, 1'hnt the Commonwealth 
shall never stand indebted to said Corporation, without 
their consent, for a larger sum than twenty per centum of 
their capital then paid in. 

Sec 5. Be it further enacted, That the persons herein 

before named, or any three of them, are authorised to 

iieetlng- of ^^^^ ^ meeting of the members and stockholders of said 

lockhold- Corporation as soon as may be, at such time and place as 

'^' they may see fit to appoint, by advertising the same in 



STATE PRISON. June 16, 1813. 273 

any two Newspapers printed in the town of Boston, for 
the purpose of making, ordaining and establishing such 
by-laws and regulations, for the orderly conducting of the 
affairs of said Corporation, as the stockholders shall deem 
necessary, and for the choice of ihe first Board of Direc- 
tors, and' such other officers as they shall see fit to choose. 

Sec. 6. Be it further enacted^ That the Common- 
wealth shall have a right, whenever the Legislature shall 
make provision therefor by law, to subscribe, on account g.^^^ ^^^ 
of the Commonwealth, a sum not exceeding five hundred svibsciibe 
thousand dollars, to be added to the capital stock of said S500,ooo. 
Corporation, subject to such rules, regulations and pro- 
visions, as to the management thereof, as shall be by the 
Legislature made and estal^lished. 

Sec 7. Be it further enacted, That whenever the 
Commonwealth shall subscribe to the capital stock of said 
Corporation, in manner herein before provided for, in ad- 
dition to the Directors by law to be chosen by the stock- J;;y^appo"int 
holders, the Legislature shall have a right, from time to Directors. 
time, to appoint a number of Directors of said bank, in 
proportion as the sums paid from the Treasury of the 
Commonwealth, shall bear to the whole amount of stock 
actually paid into the said bank, if at any time hereafter 
they shall judge fit to exercise that right. 

[Approved by the Governor, June 16, 1813.] 



CHAP. XLVn. 

An Act in addition to an act, providing for the govern- 
ment and regulation of the State Prison. 

Sec 1. X3E it enacted by the Senate and House of 
Representatives y in General Court assembledy and by the 
authority of the same, That all contracts relative to the J;"'!^,^;^;*'' '"^ 
employment of the convicts within the said Prison, ap.d 
for the supply of any articles of food or manufacture with- 
in the same, shall, with the approbation of the Directors, 
be made by and with the warden of said Prison for tl?e 
time being, and with his successors in office, and any 
such contract may be prosecuted to final judgment and 
execution, in the name of said warden ; and if, during tht- 



i274. STATE PRISON. June 16, 1813. 

pendancy of any such suit, the warden should die or be re- 
moved from office, the successor of said warden may be 
admitted to prosecute the same, and such suit shall not, 
by such death or removal, abate. 

Sec. 2. Be it further enacted. That the accounts of 
Accoiiuts to the warden of said Prison, which, by law, he is now re- 
be made out quired to make out and render to the General Court twice 
in each year, and at the commencement of every session, 
shall be made out and closed on the last day of March, 
and on the last day of September of each year, and pre- 
sented to the Treasurer of the Commonwealth, after the 
same have been examined and approved by ihe Directors ; 
and it shall be the duty of the Treasurer to examine and 
settle the same, and keep a distinct account thereof in his 
office for the inspection of the Legislature ; and in addition 
to the other vouchers now rcquiied, the said warden shall 
exhibit the receipt of the commissary of said Prison, for 
all articles purchased for manufacture or consumption in 
the Prison, before the chari^es for the same are allowed. 

Sec 3. Be it further enacted^ That the commissary of 
said Prison shall, conformably to such instructions as he 
Ccmn.issan may from time to time receive from the Directors, receive, 
counr'^' "'^^"^^ care of, and account for all provisions, stores, cloth- 
ing, raw materials, maiuifactures, and every other species 
of property belonging to the institution, the furniture of 
the house, cells and kitchen excepted, and enter the same 
in books, to be kept for that purpose, in such form and 
under such regulations as the Directors may prescribe ; 
and shall issue out the same, on the warrant of the keeper 
of said Prison, to the several departments, and shall deliver 
out to the Overseers of the workshops the raw materials 
to be manufactured, open accounts with each of them for 
the same, and receive back the articles manufactured ; 
and it shall be his duty to inventory, weigh, mark, arrange, 
and have in marketable readiness the property manufac- 
tured, to receive in charge the clothing and bedding of 
convicts discharged from the Prison, after the same have 
been cleansed and made ready for future use, and generally 
to take the special charge of reception and delivery of all 
articles purchased for or used in the Prison ; and on the 
last day of March, and on the last day of September of 
each year, the said commissary shall present abstracts of 
his receipts and expenditure^;, examined and approved by 



KENNEBUNK BANK. June IG, 1813. 275 

the Directors, to the Treasurer of this Commonwealth; 
whose duty it shall be to audit the same, and if correct, 
to approve thereof, and keep the said abstracts in his office, 
for the inspection of the Legislature. 

Sec. 4. Be it further enacted. That when any female 
prisoner shall be duly convicted of any larceny or other Females to 
crime or crimes, on which conviction, such female prisoner s"fi'er at tiie 
might now, by law, be adjudged to suffer solitary impris- c,^,"f'°" °^ 
onment, and confinement afterwards to hard labour in said 
Prison, every such female convict may be sentenced to suf- 
fer solitary imprisonment only, at the discretion of the Court 
before which such conviction shall be had, any law to the 
contrary notwidistanding. 

Sec 5. Beit further enacted., That respecting all crimes 
and offences committed within the State-Prison aforesaid, conrt^ to 
and the precincts thereof,the saidPrison and precincts shall, have jmis- 
in all judicial proceedings, be deemed and taken to be, ^'^^'^" "^''^"• 
as well within the county of Suffolk as the county of Mid- 
dlesex ; and the several Courts of the said counties respec- 
tively, shall have concurrent jurisdiction over the same, 
and of all crimes and offences therein committed. 

[Approved by the Governor, June IG, 1813.] 



CHAP. XLVIII. 

An Act to incorporate The President, Directors, and Com- 
pany of the Kennebunk Bank. 

Sec 1. -De it enacted hij the Senate and House of 
Representatives, in General Court assembled^ and by the 
authority of the sanw., That Eliphalet Perkins, Tobias Persons in 
Lord, Hugh M'Culiock, John Bourne, Joseph Moody, corporated. 
John U. Parsons, and John Low, their associates, succes- 
sors and assigns shall be, and hereby are created a Cor- 
poration, by the name of The President, Directors, and 
Company of the Kennebunk Bank, and shall so continue . 
until the first day of October, which will be in the year of ^orated for. 
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 anv Courts of Record, or anv other 



276 KENNEBUNK BANK. June 16, 1813. 

place whatever; and also to make, have, and use a com- 
mon seal, and to ordain, establish, and put in execution 
such by-laws, ordinances, and ret^ulations as to them may 
appear necessary and convenient for the government of said 
Corporation, and the prudent management of their affairs. 
Proviso. Provided^ Such by-laws, ordinances, and regulations shall, 
in no wise, be contrary to the constitution and laws of this 
Commonwealth ; and the said Corporation shall be always 
subject to the rules, restrictions, limitations and provisions 
herein prescribed. 

Sec 2. Be it further enacted^ That the capital stock 
of the said Corporation, shrill consist of the sum of one 
Amount of hundred and twenty thousand dollars, in gold and silver, 
capital stock divided into shares of one hundred dollars each, which 
stiare. ^^ ^ ^h'^\\\ be paid in at four equal instalments : the first, on the 
first day of April next ; the second, on the first day of 
October next, after ; the third, on the first day of April 
next, after; the fourth, on the first day of October next, 
after, or at such earlier time as the stockholders, at any 
meeting thereof, may order. And the stockholders, at 
their first meeting, by a majority of votes, may determine 
the mode of transferring and disposing of said stock and 
the profits thereof, which, being entered on the books of 
said Corporation, shall be binding on the stockholders, 
h Id ^'^^ir successors, and assigns, until tliey shall otherwise 
real estate, determine ; and the said Corporation are hereby made 
anjl amount, capable in law to have, hold, purchase, receive, possess, 
enjoy, and retain to them, their successors and assigns, 
lands, rents, tenements, and hereditaments, to the amount 
often thousand dollars, and no mere 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 con- 
tained, shall restrain or prevent said Corporation from 
taking and holding real estate in mortgage or on execu- 
tion, to any amount, as security for, or in payment of any 
debts due to said Corporation. Provided further^ That 
no money shall be loaned, or discounts made, nor shall 
any bills or promissory notes be issued from said Bank, 
until the capital subscribed and actually paid in, and ex- 
isting in gold and silver in their vaults, shall amount to 
thirty thousand dollars. 



KENNEBUNK BANK. June 16, 1813. 277 

Sec. 3. Be it further enacted^ That the rules, limita- 
tions,aiid provisions which are provided in and by the third 
section of an act, entitled " An act to incorporate the Pre- 
sident, Directors and Company of the State Bank," shall 
be binding on the Bank hereby established : Provided^ 
That the bond required to be given by the Cashier, shall proviso. 
be given in the penalty of twenty thousand dollars ; that 
the number of Directors to be annually chosen shall be 
seven, and four may constitute a quorum for the transac- 
tion of business. And provided also ^ That the amount of Debts not to 
debts, at any time due from said Bank, shall not ex- exceed fifty 
ceed fifty per cent beyond their capital stock actually paid P ^ ^^" • 
in. 

Sec 4. Be it further enacted. That the said Bank shall 
be established and kept in the town of Arundel. 

Sec 5. Be it further enacted, That any Committee, 
specially appointed by the Legislature for that purpose, 
shall have a riarht to examine into the doinsrs of the said , . , 

LcfTi Sl3.l.ln^c 

Corporation, and shall have free access to all their books shall have 
and vaults; and if, upon such an examination, it shall be access to 
found, and after a full hearing of said Corporation thereon, ^^^ ^^' ^' 
be determined by the Legislature, that said Corporation 
have exceeded the powers herein granted them, or failed 
to comply with any of the rules, restrictions and conditions 
in this act provided, their incorporation may thereupon be 
declared forfeited and void. 

Sec 6. Be it further enacted. That the persons herein 
before named, or any three of them, are authorized to call to"cauT^ 
a meeting of the members and stockholders of said Cor- meeting, 
poration 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 Weekly Visitor, printed in the town of 
Wells, for the purpose of making, ordaining, and estab- 
lishing 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 offi- 
cers as they may see fit to choose. 

Sec 7. Be it further enacted, That it shall be the 
duty of the Directors of said Bank, to transmit to the shall exhibit 
Governor and Council of this Commonwealth, for the time a statement 

, . . . , , II,- of aocounls. 

being, once in six months at least, and as much oitener 
as they may require, accurate and just statements of the 
*8 



278 KENNEBUNK BANK. June 16, 1813 

amount of the capital stock of the said Corporation, and 
of debts due to the same ; of the monies deposited there- 
in ; of the notes in circulation ; and of the gold, silver, and 
copper coin, and the bills of other banks on hand ; which 
statements shall be signed by the Directors, and attested 
by the Cashier, and shall be verified by oath or affirmation 
before some person competent to administer the same. 
Sec. 8. Be it further enacted, That the said Corpora- 
aiiali nay ^o" sh<i\\ bc liable to pay, to any bona fide holder, the ori- 
iheir notes, ginal amouHt of any note of said bank counterfeited or 
if counter- rj|^gj.g>j j,^ [YiQ course of its circulation, to a lara:er amount, 
notwithstandmg such alteration. 

Sec 9. Be it further enacted. That the said Corpora- 
tion, from and after the first Monday of October next, 
Shall pay a shall pay, by way of tax, to the Treasurer of this Corn- 
tax to the monwealth, for the use of the same, within ten days after 
state!"^^"^ ° ^^^^^ semi-annual dividend, the half of one per cent on the 
amount of the original stock, whicli shall at the time of 
Provisd. said dividend have been actually paid in : Provided how- 
ever, that the same tax, payable in manner aforesaid, shall 
be required by the Legislature, of all banks that shall be 
hereafter incorporated within this Commonwealth. And 
provided further, that nothing herein shall be construed to 
impair the rights of the Legislature to lay a tax upon any 
bank already incorporated under the authority of this Com- 
monwealth, when they may see fit so to do. 
Amount to Sec. 10. Be it further enacted. That one tenth part of 
be appropri- the wholcfunds of said bank shall always be appropriated to 
ated to loans. jQ^j^g to be made to citizens of this Commonwealth, and 
wherein the Directors shall wholly and exclusively regard 
the agricultural and manufacturing interest ; which loans 
shall be made in sums not less than one hundred dollars, 
loans!"" " ^"^ upon the personal bond of the borrower, with collat- 
eral security by a mortgage of real estate, to the satisfac- 
Security for tiou of the Directors of said bank, for a term not less than 
loans. Qj^g year, and on condition of paying the interest annually 

on such loans, subject to such forfeitures and rights of 
redemption as is by law provided in other cases. 

Sec. 11. Be it further enacted. That whenever the Le- 
gislature shall require it, the said Corporation shall loan 
Shall loan to to the Commonwealth any sum of money which may be 
v'^^h"*"^" required, not exceeding ten per centum of the amount of 
the capital stock actually paid in, at any one time, reira- 



SECRETARY.— AD. GENERAL. June 16, 1813. 279 

bursable by five annual instalments, or at any shorter pe- 
riod, at the election of the Commonwealth, with the annual 
payments of interest, at the rate of five per centum per , 

annum : Provided however^ that the Commonwealth shall Pi-oviso. 
never at any one time stand indebted to said Corporation, 
without their consent, for a larger sum than twenty per 
centum of the capital stock actually paid in. 

[Approved by the Governor, June 16, 1813.] 



CHAP. XLIX. 

An Act relating to tlie office of the Secretary of the Com- 



B 



nion wealth. 



»E it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same. That whenever the Secretary of the 
Commonwealth, shall, by reason of sickness, necessary 
absence, inability, resignation or death, be prevented from 
executing the duties of his office, the Deputies of the 
Secretary, and every of them lawfully ai)pointed under his ^^^P^ity Sec 
hand and seal, shall be, and are hereby authorised and thorised. 
empowered to execute all the duties which the Secretary 
could have lawfully executed in person, until such disa- 
bility shall be removed, or a new choice shall be made by 
the Legislature. 

[Approved by the Governor, June 16, 1813.] 



CHAP. L. 

An Act establishing a salary for the Adjutant General. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That there shall be allowed and 
paid out of the Treasury of this Commonwealth, the sum 
of two thousand dollars annually, to continue until the '^^^^' 
end of the war, and no longer, to the Adjutant General, in 
full for his services, to be paid in equal quarterly payments. 
[Approved by the Governor, June 16, i 8 13.] 



280 MEAL.— FRYEBURGH ACADEMY. June 16, 1813. 

CHAP. LT. 

An Act regulating the sale of Indian and Rye Meal. 

J-JK 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 July next, no person shall sell within this Common- 
wealth, any Indian meal, rye meal, or any other sort or 
kind of meal, except oat meal, unless the quantity so sold 
be first weighed ; and instead of the usual method of sell- 
ing by the bushel, and the aliquot parts of a bushel, every 
vender, retailer or trader, who shall sell any quantity of 
Indian meal; rye meal, or other sort or kind of meal, ex- 
cept oat meal, within this Commonwealth, shall sell the 
Shall sell by same by weight, and one hundred net pounds shall be the 
^^^^ ^' standard for the hundred weight, by which such meal 
shall be sold. And any person or persons, who shall, after 
the said first day of July next, vend or sell within this 
Commonwealth, any quantity of Indian meal, rye meal, 
or other meal, except oat meal, unless the same be first 
Forfeit, weighed, and sold by weight, shall forfeit five dollars per 
hundred weight, and after the same rate for any greater or 
less quantity so sold; such forfeiture to be recovered by 
an action of the case by the person, for his sole benefit, 
who shall first sue therefor, before any Court proper to try 
the same. 

[Approved by the Governor, June 16, 1813.] 



CHAP. LII. 

An Act to alter and amend an act establishing The Frye- 
burgh Academy. 

X3E 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, so much of the fifth section of an act for estab- 
li'shing an Academy in the town of Fryeburgh, by the 



BELFAST. June 16, IS13. :281 

name of Fryeburgh Academy, as provides and requires ^j.ti„pa,., 
that a major part of the Trustees of said Academy shall repealed. 
consist of men, who are not inhabitants of the town where 
the said seminary is situated, be, and the same is hereby 
repealed. 

[Approved by the Governor, June 16, 1813.] 



CHAP. LIII. 

An Act to establish the boundaries of the town of Belfast, 
in the county of Hancock. 



'E it enacted hy the Senate and House of 
Representatives, in General Court assembled, aiid by the 
authority of the same. That the boundj^ry lines of the said 
town of Belfast be, and they are hereby established as 
follows : beginning at the northerly corner of lot number- JJ^g'^'^gj^^J, 
ed fifty-four, in the fourth division of lots in said town, at iished. 
a marked hemlock tree ; thence running south by the town 
of Prospect one mile, one quarter and twenty-one rods, to 
Half-way creek ; thence following the course of the chan- 
nel of said Half-way creek, to a ledge of rocks, projecting 
from the side of Prospect, at the tide waters of Belfast 
bay ; thence running south into said bay until said course 
intersects a line running due east from the mouth of Little 
river; thence running west to the said mouth of Little 
river ; thence by the town of Northport, up said Little riv- 
er, following the course of its ancient channel, which in- 
cludes the island in said river, within the town of Belfast, 
to a marked yellow birch tree, standing on the west bank 
of said river, and at the south-easterly corner of lot num- 
bered one hundred and two, in the third division of lots, 
in said town of Belflist ; thence by the town of Northport, 
running south sixty-eight degrees west, three miles, one 
quarter and four rods, to a marked yellow birch tree, at 
the south-westerly corner of lot numbered one, in the 
fourth division of lots, in said town of Belfast, and com- 
monly known by the name of Chadwick's corner; thence 
running north twenty-two degrees west, by the unincor- 
porated plantation of Green, four miles, three quarters and 
fifty-two rods, to a marked maple tree, at the north-west- 
erly corner of lot numbered twenty-six, in the fourth di- 



282 



INDUSTRY. 



June 16, 1813. 



vision of lots, in said town of Belfast ; thence by unincor- 
porated lands running north sixty-eight degrees east, eight 
miles, one quarter and fifteen rods, to the hemlock tree 
Proviso. first mentioned : Provided however^ that nothing con- 
taiFied in this act shall be so construed a» to afiect the 
claims of individuals to the right of soil within said 
boundaries. 

[Approved by tiie Governor, June 16, 1813.] 



Persons set 
off. 



Boundaries. 



CHAP. LIV. 

An Act to annex Henry Smith, James Gower and Rufus 
Davis, with their families and estates, to the town of 
Industry, 



Bi 



*E it enacted by the Senate and House of 
Representatives y in General Court assembled^ and by the 
authority of the same^ That Henry Smith, James Gower 
and Rutus Davis, with their families and estates, as con- 
tained within the following described limits, lying in the 
town of New Sharon, in the county of Kennebeck, be, 
and they are hereby set off fioni the said town of New 
Sharon, and annexed to the town of Industry, in the 
county of Somerset; viz. beginning at the east corner of 
lot number eighty-four, in New Sharon, on the westerly 
line of Industry, thence south forty- five degrees west, 
about three-fourths of a mile, to the east line of the town 
of Farmington, so as to include all that part of New Sharon 
which lies north-west of said line, being the lots numbered 
eighty-four, and eighty-five, containing together about 
one hundred and seventy acres. And the said Smith, 
Gower and Davis, with their estates hereby annexed to 
the town of Industry, shall therein exercise and enjoy all 
the privileges, and be subject to the like duties and obli- 
gations as the other inhabitants of the said town, as fully 
and completely, as if they had been originally incorporated 
therewith. 

[Approved by the Governor, June 16, 1813.] 



SHERIFF.— MARSHPEE. June 18, 1813. 283 



CHAP. LV. 

An Act to repeal an act, entitled, "An act to limit the 
Tenure in Office of Sheriffs. 

XjE 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 
limit the tenure in office of Sheriff," passed the twenty- 
fifth day of June, in the year of our Lord one thousand 
eight hundred and eleven, be, and the same is hereby re- Act repealed 
pealed ; and that the office of Sheriff shall hereafter be 
held by the same tenure as if the act, hereby repealed, had 
never been passed. 

[Approved by the Governor, June 16, 1813.] 



CHAP. LVI. 

An Act to prevent the destruction of Quahaugs in the 
plantation of Marshpee. 

Sec 1. X3E 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 
April next, if any person or persons shall take, rake and 
carry away more than two bushels of quahaugs, including 
the shells, at any one lime, and being duly convicted 
thereof, in manner hereinafter prescribed, shall forfeit and ^^^^^^ ^I'^'l^ 
pay not less than three dollars, nor more than eight dollars, 
unless liberty for taking said fish be first had and obtained 
from the guardian or treasurer of said plantation. 

Sec 2. Be it further enacted. That if any Indian or 
other inhabitant of said plantation, shall aid or assist any 
person or persons belonging to any other town or place, 
in the taking or carrying away of the fish aforesaid, or shall 
supply hini or theni therewith, he shall forfeit and pay not 
less than one dollar, or more than three dollars, for every 
such offence. 

Sec 3. Be it further e7mcted, That if any vessel or 
boat, not belonging to any inhabitant of this Common- 



284 HARWICH. June 16, 1813. 

wealth, shall be found witliin three miles of bays, harbour, 
and shores of said plantation, having on board more than 
two bushels of said fish, including the shells, taken 
within the same, and not having a permit, in writing, from 
the Guardian and Treasurer as aforesaid, it shall and mav 
Boats may be lawful for any person or persons to detain such vessel 
be seized, or boat, until the master or owner thereof shall pay the 
forfeiture ordered by the Court that shall try the same, 
and the legal costs arising thereon. 

Sec. 4. Be it further enacted. That all breaches of 
Breaches to ^j^jg ^^^^ gj^^^H [-jg heard and determined by any Justice of 
the Peace in the county of Barnstable, who, on complaint 
of any breach of this act, made to him in writing and on 
oath, shall issue his warrant for apprehending and bringing 
before him the person or persons thereof accused ; and all 
the forfeitures which may arise as aforesaid, shiiU accrue 
and be appropriated, one moiety to him or them who shall 
complain as aforesaid, and the other moiety to the use of 
said plantation. 

(^Approved by the Governor, June 16, 1813. 3 



CHAP. LVII. 

An Act in addition to an act, entitled " An act to pre- 
vent the destruction, and to regulate the catching of the 
fish, called Alewives, in their passage up the rivers and 
streams, in the town of Harwich, in the county of Barn- 
stable." 



Sec. 1. JlJK it enacted bi/ the Senate and House of 
Representatives in General Court assembled, and by the 
^Tl^Zoll\i^^^^^^^^"^^y °f the same, That the inhabitants of the town 
Alewives. of Harwich be, and they are hereby authorized and em- 
powered by their committee, annually chosen in the month 
of March or April, to dispose of the fish called Alewives 
as tiiey may think proper. 
Committee Sec. 2. Be it further enacted. That tlje Committee 
to Treasurer, aforesaid, shall pay over to the Treasurer of the said town 
of Harwich, on or before the first day of January annually, 
all the net proceeds of the sale of said fish, for the use of 
said town ; and any Committee appointed as aforesaid, 



NEW-CASTLE. . June 16, 1813. 28^ 

that shall neglect or refuse to pay over as aforesaid, all the 
monies they shall have received as aforesaid, shall forfeit 
and pay for each offence a sum, not exceeding two hun- 
dred dollars, nor less than fifty dollars, to be recovered by 
their Treasurer for the use of the inhabitants of said town, 
by action of debt, in any Court proper to try the same. 
[Approved by the Governor, June IS, 1813.] 



CHAP. LVIII. 

An Act for buildinsr a Wharf in the town of New-Castle. 



►E it enacted by the Senate and House of 
Bepresentatives^ in General Court assembled^ and by the 
authority of the same. That Nathaniel Bryant, his heirs, Authoraecl 
executors, administrators, and assigns, be, and they are ^"J^"'.'^ * 
hereby authorized to build, erect, and maintain at Jack's ' 

Point, so called, on Damariscotta river, in the town of 
New-Castle, in the county of Lincoln, a Wharf, in man- 
ner and of dimensions following, to wit : — To extend from 
said point at low water mark northwardly and north-east- 
wardly eightv feet ; castwardlv and south-eastwardly from Planner and 

, 1 r '• 1 • 1 1 p 1 • dimensions. 

the end or said point at low water mark, ten teet ; making - 
the front of said Wharf a straight line of one hundred and 
twenty feet, the north-eastern side a straight line of one 
hundred feet, and from the extremities of the two sides 
aforesaid, at right angles, to the main land of said point. 
[Approved by the Governor, June 16, 1813.] 



CHAP. LIX. 

An Act to incorporate The President, Directors, and Com- 
pany of the Hampshire Bank. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives^ iri Ge?ieral Court assembled, and by the 
authority of the same. That Joseph Lyman, Oliver Smith, Persons in- 
Ebenczcr'Mattoon, Benjamin Smith', Seth Wright, Na- '^^^vov^^'"'^ 
thaniel Smith, Ebenezer Hunt, jiin. and Theodore Wright, 
9 



286 



HAMPSHIRE BANK. 



June 16, 1813 



Pi-oviso. 



Amount of 

stock. 



May hold 
estate. 



l^roviso. 



their associates, successors, and asbigns shall be, and here- 
by are created a Corporation, by the name of The Presi- 
dent, Directors, and Company of the Hampshire Bank, and 
shall so continue until the first day of October, which will 
be in the year of our Lord, one thousand eight hundred 
and thirty-one ; and by that name shall be, and hereby are 
made capable in law, to sue and be sued, plead and be 
impleaded, defend and be defended in any Courts of Re- 
cord, or any place whatever ; and also to make, have, and 
use a common seal ; and to ordain, establish, and put in 
execution such by-laws, ordinances and regulations, as to 
them shall appear necessary and convenient for the gov- 
ernment of said Corporation, and the prudent management 
of their afl^liirs. Provided^ Such by-laws, ordinances and 
regulations, shall in no wise be contrary to the constitu- 
tion and laws of this Commonwealth ; and the said Cor- 
poration shall be always subject to the rules, restrictions, 
limitations and provisions herein prescribed. 

Sec 2. Be it further enacted^ That the capital stock 
of said Corporation shall consist of the sum of one hun- 
dred thousand dollars, in gold and silver, divided into 
shares of one hundred dollars each, which shall be paid in 
four equal instalments : the first, on the first day of Sep- 
tember next ; the second, on the first day of March next ; 
the third, on the first day of September next, after ; 
and the fourth, on the first day of March next, after. And 
the stockholders at their first meeting shall, by a majority 
of votes, determine the mode of transferring and dispos- 
ing of said stock, and the profits thereof, which, bemg 
entered on the books of said Corporation, shall be binding 
on the stockholders, tlieir successors and assigns ; and the 
said Corporation are hereby made capable in law to have, 
hold, purchase, receive, possess, enjoy, and retain to them, 
their successors and assigns, lands, rents, tenements and 
hereditaments, to the amount of thirty thousand dollars, 
and no more at any owo. time, with power to bargain, sell, 
and dispose of the sanie, and to loan and negociate their 
ip.onies and effects, by discounting on banking principles, 
on such security as they shall think proper : Provided 
however^ That nothing herein contained, shall restrain 
or prevent the said Corporation from taking and holding 
real estate in mortgage, or on execution to any amount, 
as security for, or in payment for any debt due to the said 



HAMPSHIRE BANK. June 16, 1813. 287 

Corporation. And provided further ^ Tiuit no money 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 existinj^, in ^old and 
silver, in their vaults, shall amount to twenty-five thous- 
and dollars. 

Sec. 3. Be it further enacted^ That the rules, limita- j^^^^^^ ^^ ^^ 
tions, and provisions which are provided in and by the be binding, 
third section of an act, entitled " An act to incorporate the 
Pcesident, Directors, and Company of the State Bank," 
shall be binding on the Bank hereby established. Pro- 
vided^ That the bond required to be given by the Cashier, Proviso, 
shall be given in the penalty of twenty thousand dollars; 
that the number of Directors to be annually chosen shall 
be five, and three may constitute a quorum for the trans- 
action of business. And provided also ^ That the amount 
of debts, at any time due i'roni said Bank, shall not 
exceed fifty per cent beyond their capital stock actually 
paid in. 

Sec 4. Beit further enacted^ That the said bank shall 
be established and kept in the town of Northampton. 

Sec 5. Be it further enacted^ That whenever the Leg- 
islature shall require it, the said Corporation shall loan to ^'^^11 '^^"**' 

,^ ^,,' p I'l 1 tbe Common- 

the Common uealtn any sum or money which may be re- wealth, 
quired, not exceeding twenty thousand dollars at any one 
tmie, reimbursable by five annual instalments, or at any 
shorter period at the election of the Commonwealth, witli 
the annual payments of interest, at a rate not exceeding 
five percent per annum. Piovided however^ That the Proviso. 
Comnionweallh shiill never, at any one time, stand indebt- 
ed to the Corporation without their consent, for a larger 
sum than thirty tiiousand dollars. 

Sec 6. Be it further enacted^ That any Committee, 
specially appointed by the Legislature for that purpose, Je^s^o^toojf^ 
shall have a right to examine into the doings of said Cor- and vaults. 
poration, and shall have free access to all their books and 
vaults ; and if, upon such examination, it shall be found, 
and after a full hearing of said Corporation thereon, be 
determined by the Legislature, that said Corporation have 
exceeded the powers herein granted them, or failed to com- 
ply with any of the rules, restrictions or conditions in this 
act provided, the Incorporation shall thereupon be declar* 
ed forfeited and void. 



288 



HAMPSHIRE BANK. 



June IG, 1813. 



Authorized Sec. 7. Be it further euacfcd^ Thut the persons herein 
to call a before named, or a majority of" them, are authorized to call 
meeting-. jj meeting of the members and stockholders of said C«wr- 
poration, as soon as may be, at sucli time and place as 
they may see fit, by advertising the same three weeks 
successively in the Hampsliire Gazette, printed at North- 
ampton, for the purpose of making, ordaining and estab- 
lishing 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 8. Be it further enacted^ That it shall be the duty 
of the Directors of the said Bank, to transmit to the Gov- 
ernor and Council of this Commonwealth for the time be- 
shaii exhibit ing, oucc in six months at least, and as much oftencr as 
a statement ^^i^y mav reouire.accurateand iuststatements of the aiiiount 
of the capital stock of said Corporation, and of debts due 
the same ; of the monies deposited therein ; of the notes 
in circulation ; and of the gold, silver, and copper coin, 
and the bills of other banks on hand; which statement shall 
be signed by the Directors, and attested by the Cashier, 
and shall be verified by oath before some person compe- 
tent to administer the same. 

Sec 9. Be it further enacted^ That the Commonwealth 
shall have a ritdit, whenever the Lejj^islature shall make 
provision by law, to subscribe, on account of the Com- 
monwealth, a sum not exceeding fifty thousand dollars, 
to be added to the capital stock of said Company, subject 
to such rules, regulations and provisions, as shall be by 
the Legislature made and established, as to the manage- 
ment thereof. 

Sec 10. Be it further cjiacted. That the said Corpora- 
tion shall be liable to pay to any bona fide holder, the ori- 
ginal amount on any note of said bank, altered in the 
course of its circulation to a larger amount, notwithstand- 
ing such alteration. 
Shall pay a Sec.11. Be it further ciiactcdy That the said Corpora-r 

'lYelsur^r of ^^°"' ^^^"^ ^"^ ^^^^^ ^^^^ ^^^^ ^^^ ^^ 3«^ptt.'mber next, shall , 
State. pay by way of a tax to the Treasurer of this Common- 

wealth, for the use of the same, within ten days after each 
semi-annual dividend, the half of one per cent on the 
amount of the original stock, which shall at the time of 



Common- 
wealth may 
hold stock. 



Shall pay 
their notes, 
it" counter- 
..ited. 



WEST SPRINGFIELD. June 16, 1813. 289 

3aid dividend have been actually paid in : Provided however, 

that the same tax, payable in manner aforesaid, shall be re- ^'°^'^^- 

quired by the Legislature, of all banks that are now or shall 

be hereafter incorporated within this Commonwealth : 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, Amountto 

, . , -^ , ■' -^ be appropn- 

thmk proper so to do. ated to loans. 

Sec 12. Be it further enacted. That one tenth part 
of the whole funds of said bank shall always be appropri- 
ated to loans, to be made to citizens of this Common- . ^ 
wealth, and wherein the Directors shall wholly and ex- loans. 
clusively regard the agricultural and manufacturing 
interest, which loans shall be made in sums not less than securitv for 
one hundred dollars, nor more than five hundred dollars, loans. 
and upon the personal bond of the borrower, with collat- 
eral security by a mortgage of real estate to the satisfac- 
tion of the Directors of the said bank, for a term not less 
than one year, and on condition of paying the interest 
annually on such loans, subject to such forfeitures and 
right of redemption, as is by law provided in other cases, 
[Approved by the Governor, June 16, 1813.] 



CHAP. LX. 

An Act to annex Aribert Leonard and Martin Wilson to 
the Second Parish in West Springfield. 



*E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the ^^^^'^'^^'* ^^^ 
authority of the same. That Aribert Leonard and Mar- 
tin Wilson of West Springfield, with their families and 
estates, be, and they are hereby set off from the First, and 
annexed to the Second Parish in West Springfield ; 
Provided, that each of the said persons shall be holden to 
pay his respective proportion of all taxes which have been 
assessed upon his poll and estate, and due to the said 
First Parish prior to the passing of this act. 

[Approved by the Governor, June 16, 1813,] 



ST. MARY'S CHURCH, June 16, 1813. 



CHAP. LXI, 

An Act to incorporate The Episcopal Society of St. 
Mary's Church, in Newton* 

Sec 1. JDE it enacted by the Senate and House of 
Jiepresentatives in General Court assembled, and by the 
authority of the same. That Solomon Curtis and Thomas 
Persons in- Durant, Church Wardens, Nathaniel Wales, Ephraini 
corporated. Jacksou, 2d. and Isaac Hagar, Vestrymen, with such other 
persons residing in Newton, Needham, and in towns and 
places adjacent, as now are, or hereafter may be associ- 
ated with them and their successors, together with their 
polls and estates, be, and they are incorporated into a 
society or body politic, by the name of The Episcopal 
Society of St. Mary's Church in Newton, with all the 
privileges, powers and immunities, which parishes do or 
may enjoy by the laws of this Commonwealth. 

Sec 2. Be it further enacted. That each and every 
person, who is, or shall become a proprietor, or interested 
by subscription, purchase or otherwise, in the house of 
public worship, to be erected by the said society in New- 
ton aforesaid, and any person proposing to attend public 
worship there, not being heretofore a member of the said 
society, who shall enter his or her name and request to 
become a member, with the Warden and Vestry, or with 
the Clerk of the said society, shall be deemed, taken and 
entitled, and they v/ith their estates shall be liable to all 
lawful taxes and assessments as members of the said Epis- 
copal Society ; and the members of the said Episcopal 
Society shall be, and they, with their estates, hereby are 
exempted from all other taxes and assessments for the 
support of public worsliip, in the town or parish where 
they may respectively reside : Provided, that persons 
hereafter becoming members shall give notice thereof in 
writing to the Assessors or Clerk of the parish or town 
where they reside, and until such notice, shall not be 
entitled to the exemption aforesaid. And provided, That 
persons withdrawing from the said Episcopal Society, 
who shall give notice thereof in writing, to the Wardens 
and Vestry, or Clerk for the time being, shall be no longer 



ST, MARY'S CHURCH. June 16, 1813. 291 

liable to any taxes or assessments, afterwards granted and 
voted therein ; and they, with their estates, shall beeome 
again liable to all other taxes and duties for the support of 
public worship, in the parish or town where they may 
respectively reside, and as other inhabitants there, not 
entitled to any special exemption, are or shall be by law 
liable. 

Sec. 3. Be it further enacted^ That the said Episcopal 
Society shall be capable to take and hold, by gift, grant or 
purchase, any real or personal estate, and to manage, sell ^afamJpgi.. 
and dispose of the same, and for thiit purpose shall have sonai estate. 
a common seal, to be established, altered and renewed at 
their pleasure : Provided, that the real estate holden by 
them at any one time shall not exceed in annual value, the 
sum of four thousand dollars ; And provided, that no sale Proviso, 
thereof shall be valid and effectual, unless the same shall 
be made with the concurrence of their Minister, if any, 
and of two thirds at least of the proprietors of pews, being 
members of the said society. 

Sec 4. Be it further enacted, That the said Episcopal 
Society shall have the same authorities and powers, in 
granting, voting, assessing and collecting taxes for the 
maintenance of a Minister, and the support of public 
worship, which Congregational Parishes have or may en- 
joy, by virtue of any general statute of this Common- 
wealth. And assessments of taxes lawfully granted and Taxes, h»w 
made for the said PLpiscopal Society, remaining due and lecovered. 
unpaid after six months' notice thereof, shall be recover- 
able by an action at law, in their name to be brought, as 
for sums of money due and owing to the said Society, 
against the parties liable therefor, their executors or ad- 
ministrators. 

Sec. 5. Be it further enacted. That the meeting of the 
said Episcopal Society shall be holden on Easter Monday Annual 

11 I • 11 p 11- I • • XT meetiiier ot 

annually, at then' said house lor public worship, m i\ew- the Society, 
ton, or such other place, and at such hour of the day, as 
their Wardens and Vestry may appoint ; and at such an- 
nual meeting or meetings, or at some adjournment thereof, 
the members of the said Episcopal Society there assem- 
bled, shall choose their Wardens and Vesfry, Clerk, Treas- cijo-^e of 
urer, and any other suitable officer or officers, for the man- Officers, 
agement of the affairs of the said Corporation ; and the 
annual taxes and assessments of the said society shall and 



292 BOSTON TREASURER, &c. June le, 1813. 

may be voted and granted, and by standing rules or other- 
wise, in the mode of assessing and collecting taxes, of 
calling and notifying meetings, and the duties and author- 
ities of the Wardens and Vestry, and other officers of the 
said Corporation, and the manner in which vacancies hap- 
pening by death, resignation or otherwise, shall be sup- 
plied, shall and may be agreed upon and determined. 
|[ Approved by the Governor, June 16, 1813.] 



CHAP. LXII. 

An Act providing for the appointment of a Town Treas- 
urer, and Collectors of taxes, in the town of Boston. 



Bi 



►E it ejiacted by the Senate and House of 
Representatives iri General Court assembled^ and by the 
authority of the same. That from and after the passing of 
this act, the Selectmen, the Overseers of the poor, and 
the Board of Health of the town of Boston, shall annually. 
Treasurer in the months of June or July, meet in convention in the 
and Collect, tovvu of Boston, and appoint some suitable person as Treas- 

ors, how ap- r • i i i • i i 

pointed. urcr oi saiQ town, and also one or more suitable person 
or persons as Collectors of taxes in said town, who, when 
appointed as aforesaid, shall have like powers, and be sub- 
ject to like duties, in the discharge and execution of their 
said several offices, as other town Treasurers and Collect- 
ors of taxes have and are subject to, in this Common- 
wealth. And the said town Treasurer and Collectors, so 
as aforesaid appointed, shall continue in office for one year, 
and until others are appointed in manner aforesaid, and 
qualified to execute their said offices ; and a record of the 
appointment as aforesaid, of said town Treasurer and Col- 
lectors, shall be made by the town Clerk of the town of 
Boston, in the records of said town, kept by him. And 
the said town Treasurer and Collectors, to be appointed 

To be sworn ^g aforesaid, shall be sworn to the faithful discharge of 
their said several trusts, and give such bonds to the said 
town of Boston, conditioned for the faithful execution of 
the duties of their said offices, as the said Selectmen, Over- 
seers of the poor, and Board of Health, met in convention 
as aforesaid, shall direct, previous to their entering on the 



WASH. HALL ASSOCIATION. June IS, 1813. 293 

duties of their said several offices aforesaid. Provided ^ . 
however^ That the said Selectmen, Overseers of the poor, 
and the said Board of Health, shall never reappoint any 
person to said office of town Treasurer, or Collector of 
taxes as aforesaid, until such person shall have faithfully 
and fully completed the execution of his duty in said 
office, to which he was appointed the year preceding, and 
a full and complete settlement of the taxes by him to have 
been received or collected,according to law,shall have been 
made, or he shall have been excused therefrom by a vote > 
of the said town of Boston. And whenever by death, 
resignation, or otherwise, the said office of town Treasurer ho^w^mle'd. 
or Collector shall be vacant, the aforesaid Selectmen, 
Overseers qf the poor, and Board of Health, shall be, as 
aforesaid, authorised to fill such vacancy, by a new appoint- 
ment in manner aforesaid. And all laws heretofore made 
respecting either of the aforesaid offices of town Treasurer 
and Collector of taxes in the town of Boston, that are in- 
consistent with the provisions of this act, be, and the same 
hereby are repealed, from and after the fourth day of July 
next. 

[Approved by the Governor, June 16, 1813.] 



CHAP. Lxm. 

An Act to incorporate sundry persons in Charlestown, in 
the county of Middlesex, by the name of The Wash- 
ington Hall Association. 



Bi 



Sec 1. XjE it enacted by the Senate and House of 
Representatives^ in General Court asse?nbledy and by the 
authority of the same. That Joseph Hurd, Josiah Bartlett, Persons ;-, 
David Stetson, Timothy Walker, and Benjamin Swift, corporaied. 
with such others as have associated and purchased a lot 
of land, bounded thirty feet on the main street in said 
Charlestown, running back about one hundred and fifty 
feet, and are erecting a building thereon, by the name of 
Washington Hall, for offices, reading rooms and other pur- 
poses, be, and they are hereby incorporated for holding 
in fee simple, and managing the affairs of the said estate, 
which is divided into fifty shares. And they are author- 
10 



294 



FRESH POND MEADOW. 



June 16, 1813. 



Authorized 
to call a 
meeting. 



ized to use a common seal, and to establish such by-laws, 
relating to the said Corporation, as are not repugnant to 
the constitution and laws of this Commonwealth; provided 
the annual income of said Corporation shall not exceed 
the sum of fifteen hundred dollars. 

Sec. 2. Be it further enacted^ That said Joseph Hurd 
be authorised to call the first meeting of the said Corpo- 
ration, by a written notification to each member, at least 
three days before the time of meeting. 

[Approved by the Governor, June 16, 1813.] 



CHAP. LXIV. 



An Act in addition to an act, entitled " An act to incor- 
porate certain Proprietors of Fresh Pond Meadows, in 
the town of Cambridge, in the county of Middlesex, 
for the purpose of draining said meadows." 



Bi 



>E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the satne, That upon the application of six or 
more of the Proprietors of Fresh Pond Meadows, to any 
. Justice of the Peace in the said county of Middlesex, said 
sue Warrant Justice is hereby authorised to issue his warrant, directed 
to one of said Proprietors, to notify a meeting of said Pro- 
prietors at such time and place, and for such purposes, as 
shall be expressed in said warrant ; which warrant, and 
the notification thereon, shall be published in one of the 
Boston newspapers, and shall also be posted in some pub- 
lic place in each of the towns of Cambridge, Charlestown, 
and Watertown, such publication to be ten days at least 
before the time of meeting ; and any future meeting may 
be called in like manner at any time, on the application as 
aforesaid of six or more of the said proprietors, and pro- 
ceedings had as aforesaid. 

[Approved by the Governor, June 16, 1813.] 



DISTRICTS.— GAYHEAD. June 16, 1813. 295 



CHAP. LXV. 

An Act fo repeal an act, entitled " An Act, dividing the 
Commonwealth into Districts, for the choice of Coun- 
sellors and Senators." 

XjE 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, di- 
viding the Commonwealth into Districts, for the choice ^ctreoeal d 
of Counsellors and Senators," passed oa the eleventh day 
of February, in the year of our Lord one thousand eight 
hundred and twelve, l:)e, and the same is hereby repealed." 
[Approved by the Governor, June 16, 1813.] 



CHAP. LXVI. 

An Act in addition to an act, for the better regulation of 
the Indian, Mulatto, and Negro proprietors of Gay head, 
in the county of Dukes' County. 

XjE it enacted by the Senate and House of 
Representatives, in Ge?ieral Court assembled, and by the 
authority of the same. That the Guardians to the Indian, Guardians to 
Mulatto and Negro proprietors of Gay head, shall have ''^^^ ^^*^"' 
alien on the stock pastured on said Proprietary, for the 
payment of rent of said pasturage ; and are hereby vested 
with all the powers of Collectors of taxes, to distrain the 
stock actually depastured for rents in arrears. 

[Approved by the Governor, June 16, 1813.] 



CHAP. LXVII. 

An Act to alter and change the names of certain persons 
therein 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 passing of 



29S NAMES CHANGED. June 16, 1813. 

this act, Samuel Torrey of Boston, in the county of Suf- 
folk, son of William Torrey of Mendon, in the county of 
Worcester, shall be allowed to take the name of Samuel 
Davenport Torrey ; that Joseph Smith of Salem, in the 
county of Essex, son of Joseph Smith of Rowley, in said 
county, shall be allowed to take the name of Joseph Baker 
jf^^^gg j^ltgj.. Smith ; that Chauncey Whittlesey Coats of Middlefield, 
^. in the county of Hampshire, shall be allowed to take the 

name of Chauncey Coats ; that Zebedee Macomber, 2d, 
of Westport, in the county of Bristol, sliall be allowed to 
take the name of Zebedee Augustus Macomber ; that 
William Woodbury of Hallowell, in the county of Ken- 
nebeck, Printer, shall be allowed to take the name of Wil- 
liam Augustus Woodbury ; that James Bowdoin Winih- 
rop, son of Thomas L. VVinthrop, Esq. of Boston, in the 
county of Suffolk, a minor, shall be allowed to take the 
name of James Bowdoin. And the several persons before 
named, from the time of the passing of this act, shall be 
called and known by the names, Avhich by this act they 
^ are respectively allowed to take and assume, as aforesaid ; 

and the said names shall forever hereafter be considered 
as their only proper and le^al names, to all intents and 
purposes. 

[Approved by the Governor, June 16, 1813.] 



CHAP. LXVIII. 

An Act more effectually to secure the Rights of Suffrage. 

Sec 1. X3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
nuty of th& authority of the same, 'I'hat it shall be the duty of the 
i«sessors. Asscssors of each town and district within this Common- 
wealth, on or before the twentieth day of Februar}' annu- 
ally, to make out a correct and alphabetical list of all such 
inhabitants of their respective towns and districts, as may 
be qualified by law to vote in the choice of town officers ; 
which list shall be published within the respective towns 
and districts, by posting up true copies thereof, at two or 
more public places, seven days at least before the first day 
of March annually. And it shall be the duty of said A^- 



RIGHTS OF SUFFRAGE. June 16, 1813. 297 

sessors to be in session at some convenient place, to be 
by them notified on said lists, on the day next preceding 
the day of the annual election of town officers, in the month 
of March or April annually, unless the same happen on 
the Lord's day, in which case the Assessors shall be in 
session on the Saturday preceding, or on the morning of the 
day of election as aforesaid, as the Assessors think proper, 
for so long time as they shall judge necessary, to receive 
evidence of the qualifications of persons whose names 
have not been entered on said lists. 
• Sec 2. Be it further enacted^ That if any person, at 
any meeting for the choice of town officers, shall know- ^, 

ingly give in more than one vote or list, for any officer or more than 
list of officers then voted for at any such meeting, he one vote 
shall forfeit and pay a fine not exceeding one hundred 
dollars. 

- Sec. 3. Be it further enacted^ That if any person, 
knowing himself to be not legally qualified to vote at any 
meeting for the choice of town officers, or at any meeting 
for the choice of Governor, Lieutenant Governor, Senators 
and Counsellors, Representatives to the General Court, 
or the Representatives to Congress, shall wilfully give in, 
or attempt to give in a vote or ballot for any of the same 
then voted for, at any such meeting, every such person, Penalty f..r 
so offending:, shall forfeit and pav a fine therefor, not ex- persons v.i. 
ceeding the sum of fifty dollars ; an.d any person who unqu^uiit^^d. 
shall wilfully aid or abet any person, not legally qualified 
as aforesaid, in voting, or attempting to vote contrary to 
the provisions of this act, shall forfeit and pay a fine not 
exceeding thirty dollars, for each and every such ofTence. 
Sec, 4. Be it further enacted^ That no person shall be 
permitted to give in his vote or ballot, at any meeting for 
the choice of town officers, or other officers as aforesaid, 
until the person presiding at such meeting shall have had 
opportunity to enquire his name, and shall have ascertain- 
ed that the same is in the list aforesaid, and shall have had 
time to check the same ; and any person wilfully voting 
contrary to the provisions of this act, or who shall give any 
,false answer or false name to the Assessors, when receiv- „ , „ 

, Penult V for 

ing evidence of the qualifications as aforesaid, or to the breach oYaci 
person presiding in such town or district meeting, shall 
forfeit and pay a fine, not exceeding thirty dollars, for each 
and every such offence. 



298 MACHIAS. June 16, 1813, 

Sec. 5. Be it further enacted^ That the Selectmen or 
Assessors of any town or district aforesaid, who shall re- 
Penaityfor fuse or ncs^Icct to do and perform all or any of the duties 
neglect. prescribed to them by this act, shall forfeit and pay for 
each and every swch offence, a fine not exceeding two 
hundred dollars; and all the fines and forfeitures accruing 
in consequence of a violation of this act, shall be recover- 

Fines, how j i • ^. , • r^ , ^ 

recovered. ^'^ ^y indictment m any Court proper to try the same ; 
one half to the use of the Conimoiiwealth, and the other 
half to the use of the complainant. 

Sec. 6. Be it further enacted^ That the qualification 
of voters in any town, on any question, whether such town 
will send a Representative to the General Court, and on 
all questions involving the number of Representatives such 
town will send, shall be the same, in all respects, as are 
required by the constitution, to entitle a person to vote in 
the choice of any individual or individuals to be Repre- 
sentative or Representatives in the General Court of this 
Commonwealth. 

[Approved by the Governor, June 16, 1813.] 



CHAP. LXIX. 

An Act in addition to an act, regulating the taking of fish 
in the town of Machias. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
Not to catch authority of the same^ That from and after the passing of 
salmon, &c. ^j^jg ^s^^^ \^ shall ^ot be lawful for any person to take or 
catch any Salmon in any part of the rivers, or in any of 
the streams, bays, or coves described in an act, entitled 
"An act to regulate the taking of Salmon, Shad, and 
Alewives in the town of Machias," passed the twenty- 
seventh day of February, in the year of our Lord, one 
thousand eight hundred and ten, at any time between the 
nineteenth day of August and the second day of May en- 
suing. 

Sec. 2. Be it further enacted^ That the provisions in 
the fifth section of said act, relative to the distance from 
any sluice or passage-way for the fish, within which per^ 



KENNEBUNK BRIDGE. June 16, 1813. 299 

sons are prohibited to catch any fish, or set any seine, net, 
pot, or other machine, for the purpose of taking or catch- 
ing any of the said fish, shall be applied to the distance of 
six rods, in the same manner as if that distance was spe- 
cified in the said act, and that the penalties provided for 
a breach of the provisions of the said act, shall be extend- 
ed to a like breach of this act. 

[Approved by the Governor, June 16, 1813. 



CHAP. LXX. 

An Act to incorporate The Proprietors of Kennebunk 

Bridge. 

Sec 1. Jl3E it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same. That Tobias Lord, Simon Nowell, 
Eliphalet Perkins, Nathaniel Lord, Richard Gillpatrick, ^q™^^^^"* 
Ephraim Perkins, Silas Moody, Francis Watts, Henry ^"""P"^^ 
Clark, Michael Wise, Isaac Emery, Jedediah Gooch, and 
Job Emery, with their associates, be, and they are hereby- 
created a Corporation^ by the name of The Proprietors of 
Kennebunk Bridge ; and by that name may sue and prose- 
cute, and be sued and prosecuted to final judgment and 
execution ; may keep and use a common seal, and may 
exercise and enjoy the powers and privileges incident and 
belonging to similar Corporations, and do and suffer all 
other acts and things, which like bodies corporate may 
or ought to do and suffer. 

Sec. 2. Be it further enacted, That the said Bridge 
shall be kept in good, safe, and passable repair, by said 
proprietors, and be provided with sufficient railina^ on each P'""^.?^ *» ^^ 
side for the safety of passengers; and there shall always repaiv^ £c.. 
be a draw over the channel thirty-four feet wide, for ves- 
sels to pass through, which shall be raised for that pur- 
pose at the expense of said proprietors. 

Sec 3. Be it further enacted. That for the purpose of 
reimbursing to the said proprietors the money expended 
in building said Bridge, and keeping the same in repair, 
a toll be, and is hereby granted and established, for the 
sole use and benefit of said Corporation, according to the 



300 KENNEBUNK BRIDGE. June 16, 1813. 

rates following, viz : — For each foot passenger, one cent ; 
one person and horse, three cents ; each horse and chaise, 

Rates of toll, sulkey, or riding chair, ten cents; each coach, chariot, 
phaeton, or other four wheeled carriage, twenty cents ; 
each cart, waggon, sled, sleigh or other carriage of bur- 
den, drawn by one beast, six cents ; if drawn by more 
than one, and not exceeding four beasts, ten cents ; neat 
cattle and horses, one cent each ; sheep and swine, six 
cents per dozen : and one person, and no more, shall be 
allowed to each team as a driver, to pass free of toll ; and 
the said toll shall commence from the passing of this act : 

Proviso. Provided however^ That nothing herein contained shall 
be construed to prevent the Legislature from reducing the 
rates of toll hereby established, whenever they shall deem 
it reasonable so to do. 

Sec. 4. ^<? it farther enacted^ That any three of the 

meeting. proprietors before named, may, by posting up notifications 
in some public place in the towns of Wells and Arundel, 
call a meeting of said proprietors, at such time and place 
as shall be specified in such notification, ten days at least 
before the time of meeting ; and the said proprietors being 
then met, shall proceed to choose a clerk, who shall be 
sworn to the faithful discharge of said office ; and in 
voting for said clerk, and in all other cases, one vote shall 
be allowed to one share, and one vote for every two shares 
above one, provided no one member shall have more than 

M-ay appoiht ten votcs ; and the said proprietors may at the same or 

officers. subsequent meetings, appoint such other officers, and or- 
dain and establish such rules and regulations as they may 
judge necessary, for the orderly conducting of their affiiirs, 
which they may enforce by fines, which shall in no case 

Proviso. exceed five dollars : Provided^ That such rules and reg- 
ulations shall not be repugnant to the laws of the Common- 
wealth. 

[Approved by the Governor, June 16, 1813.] 



SOUTH.READING.— BLUE-HILL. June 16, IS13. 301 

CHAP. LXXT. 

All Act to set ofF the Eatoa f;irms, so called, with the in- 
habitants thereof, from the First Parish of South Read- 
ing, and to annex the same to the Second Parish in 
Reading. 



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 f^o^^rst" 
this act, all the parts and parcels of hmds, formerly be- Parish, 
longing to the Eaton farms, so called, lying within the 
town of Reading, and all persons residing thereon, be, 
and the same are he;*eby set off from the first parish, or 
the parish in South-Reading, and annexed to the second 
or west parish in Reading, to all intents and purposes. 
[Approved by the Governor, June 16, 1813.] 



CHAP. Lxxn. 

An Act to authorize the sale of certain School lands, in 
the town of Blue-Hill. 

Sec 1. -i-3E it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same, That the Rev. Jonathan Fisher, Persons ap- 
John Peters, Robert Parker, Reuben Dodge, Esquires, Trustees. 
Messrs. Theodore Stephens, Nathan Ellis, and Seth Hew- 
ings, all of said Blue-Hill, be, and they are hereby appoint- 
ed Trustees to sell the School lands in said town of Blue- 
Hill, and to put 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 hereby are incorporated by the name of The trustees in. 
Trustees of the School Fund in Blue-Hill ; and they, and corporated, 
their successors, shall be and continue a body corporate 
and politic by that name forever ; and they shall have a 
common seal, subject to alteration at their pleasure, and 
they may sue and be sued in all actions whatsoever, and 
prosecute and defend the same to final judgment and ex- 
ecution, by their corporate name aforesaid. 
11 



502 



BLUE-HILL. 



June 16, 1813. 



officers. 



stitute a 
quorum 



Sec. 3. Be it further enacted^ That the said Trustees 
and their successors shall annually elect, by written ballot, a 
Shall choose President, and a Clerk to record the doings of said Trus- 
tees at their meetings, which Clerk shall be sworn by the 
President to the faithful discharge of the duties of his 
office ; also a Treasurer to receive and apply the monies 
herein after mentioned, as hereinafter directed ; and the 
said Trustees may also elect in any other manner, at any 
legal meeting, any other officers needful for the better man- 
aging their business. 

Sec 4. Be it further enacted, That the number of 
Trustees shall not, at one time, be less than five, nor 
rive to con- more than seven ; any five of their number to constitute 
a quorum for transacting business ; and they shall and may 
from time to time fill up from the inhabitants of said town, 
such vacancies in their number as may happen by death, 
resignation, or otherwise ; and they shall have power to 
remove any of their number, who may become unfit from 
age, infirmity or misconduct to discharge their duties, and 
to supply the vacancies, so made, by a new choice as afore- 
said; and the said Trustees shall annually hold a meeting iu 
March or April, and as much oftencr as may be necessary 
to transact their business, which meetings, after the first, 
shall be called in such way and manner as the Trustees 
may hereafter direct. 

Sec 5. Be it further enacted. That any Justice of the 
Peace in the county of Hancock, be, and he hereby is au- 
thorized to fix the time and place for holding the first 
meeting of said Trustees, and to notify each Trustee of 
the same, seven days at least before the time of said meet- 
ing. 

Sec 6. Be it further enacted. That said Trustees be, and 
they hereby are authorised to sell and convey, in fee simple, 
all the school lands belonging to said town, and to make 
and execute a good and sufficient deed or deeds thereof, 
which (\^ti\. or deeds beir.g signed, acknowledged and 
delivered by the Treasurer, by direction of the Trustees, 
with their seal affixed thereto, shall be good and effectual 
in law, to pass and convey the fee simple from said town 
to'the purchaser, to all intents whatever. 

Sec 7. Be it further enacted. That the monies arising 
from the sale of said lands, together with all donations or 
grants, that may hereafter be made to said Corporation, 



Justice to 
appoint a 
meeting. 



Trustees 
authorised. 



BLUK-HILL. Jime 16, 1813. 303 

for the use of schools in said town, shall be put to use as 

soon as may be, and secured by mortgage of real estate, to Appropna- 

the full value of the estate sold, or money loaned, or by two tionofthe 

or more sufficient sureties, with the principal, or the said ™°"^^** 

Trustees may invest the same in some public securities, 

or in bank stock. 

Sec. 8. Be it further enacted. That the interest and , 

. > . • Interest 

profits only, arising from said funds shall be appropriated how appro, 
for the use of public schools in said town, and it shall P^^^ed. 
never be in the power of said town, to alter, vary or alien- 
ate the appropriation of said funds : Provided always^ that Proviso. 
said Trustees shall have power from time to time, as they 
see fir, to incorporate such interest or profits with said 
funds, to be afterwards treated as a part thereof. 

Sec. 9. Be it further enacted. That the Treasurer of 
the Trustees shall give bond, with two sufficient bonds- Treasurer to 
men, to the Trustees, faithfully to perform his duty, and s^^^ ^°"<i- 
shall at all times be responsible for the faithful application 
and appropriation of tiie monies which may come into his 
hands, conformabl}^ to the intent and meaning of this act, 
and for all neglect or misconduct of any kind in his office. 

Sec 10. Be it further enacted, That the Trustees and 
their officers, for the services they may perform, shall re- tion'fbr^ser^ 
ceive no compensation out »>f the funds, interest or profits vices, 
aforesaid, but a reasonable compensation for their services 
shall be paid to them by said town. 

Sec 11. Be it further enacted, That at every annual 
meeting of said town, in March or April, the Trustees 
shall exhibit to the town a fair and true statement of their 
doings, and of the condition of said fund. 

Sec 12. Be it further enacted. That the said Trus- 
tees, and each of them, shall be responsible to the town for 
their personal nep-licrence or misconduct, whether they be Trustees a«- 

• • COlintsnlf 

officers or not, the damage or loss arising thereby, to be 
recovered by action, at the suit of the town, in any 
Court proper to try the same, and the sum so recovered to 
enure and be for the use aforesaid. 

[Approved by the Governor, June 16, 1813.^ 



304 LINCOLN BANK. June 16, 1813. 



CHAP. LXXIIL 

An Act to incorporate The President, Directors,and Com- 
pany of the Lincoln Bank. 

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 Trufant, Peleg Tall- 

Persons in. man, Samuel Davis, Jerom Loring, Charles Clapp, John 

corporated. j^y^j^p^ ^^tor Patten the 3d, John Richardson, and Jon- 

athan Hyde, their associates, successors and assigns shall 

>> be, and hereby are created a Corporation, by the name of 

„. . The President, Directors, and Company of the Lincoln 

poratedfor. Bank, and shall so continue from the first day of January 

next, for the term of nineteen years next ensuing ; and 

by that name shall be, and hereby are made capable in 

law, to sue and be sued, plead and be impleaded, defend 

and be defended in any Courts of Record, or any other 

place whatever ; and also to make, have, and use a common 

seal, and to ordain, establish, and put in execution such 

by-laws, ordinances, and regulations as to them may appear 

necessary and convenient for the governrnent of the said 

Corporation, and the prudent management of their affairs. 

Proviso. Providedy 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 always be 

subject to the rules, restrictions, limitations and provisions 

herein prescribed. 

Sec 2. Be it further enacted, That the capital stock 
of said Corporation, shall consist of one hundred thous- 
c^p'Srltock ^"^ dollars, in gold or silver, divided into shares of one 
and of each hundred dollars each — the one hundred thousand dollars 
share. shall be paid in the following manner, to wit : twenty-five 

thousand dollars shall be paid in, on or before the first 
day of January next, and the remaining seventy-five thou- 
sand dollars, on or before the first day of January, which 
will be in the year of our Lord one thousand eight hun- 
dred and fifteen, or by instalments, in such sums and 
at such earlier periods as the stockholders may direct. 
And the stockholders, at their first meeting, shall, by a 
majority of votes, determine the mode of transferring 



LINCOLN BANK. June 16, 1813. 305 

and disposing of said stock and the profits thereof, which, 
being entered on the books of said Corporation, shall be 
binding on the stockliolders, their successors, and assigns. May hold 
And the said Corporation are hereby made capable in ^^;^^ tmo^unt. 
law to have, hold, purchase, receive, possess, enjoy, and 
retain to them, their successors and assigns, lands, rents, 
tenements, and hereditaments, to the amount of twenty 
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 con- p^°^'*^' 
tained, shall restrain or prevent the said Corporation from 
taking and holding real estate in mortgage or on execution, 
to any amount, as security for, or in payment of any debts 
due to the said Corporation. And provided furthe?', That 
no money shall be loaned, or discounts made, nor shall 
any bills or promissory notes be issued from said Bank, 
until the capital subscribed and actually paid in, and ex- 
isting in gold and silver in their vaults, shall amount to 
twenty-five thousand dollars. 

Sec. 3. Be it further enacted, That the rules, limita- 
tions, provisions, restrictions arid reservations, which arc 
provided in and by the third section of an act, entided " An 
act to incorporate the President, Directors and Company 
of the State Bank," shall be binding on the Bank hereby 
established : Provided, That the bond required to be s:iven „ . 

. Proviso, 

by the Cashier, shall be in the penalty of ten thous- 
and dollars ; that the number of Directors to be annually 
chosen shall be seven, and four may constitute a quorum 
for transacting business. And provided also, That the j^{,ts not to 
amount of bills, at anyone time issued from said Bank, exceed fifty 
shall not exceed fifty per cent beyond their capital stock P^^ ^^^^' 
actually paid in. 

Sec 4. Be it further enacted, That the said Bank shall 
be established and kept in the town of Bath. 

Sec 5. Be it further enacted. That any Committee, 
specially appointed by the Legislature for the purpose, 
shall have a riffht to examine into the doings of said , . , 
Corporation, and shall have free access to all their books shdi have 
and vaults; and if, upon such an examination, it shall be access to 
found, and after a full hearing of said Corporation thereon, ^^^'^^^' ^^' 
be determined by the Legislature, that said Corporation 



306 LINCOLN BANK. June 16, 1813. 

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. Be it further enacted^ That the persons herein 
. ^, . , before named, or any three of them, are authorized to call 

Authorized . •' 

to call a a meetmg of the members and stockholders of said Cor- 
ineetmg-. poration 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 Portland Gazette, printed in Portland, 
for the purpose of making, ordaining, and establishing 
such by-laws, ordinances and regulations for the orderly 
conducting the afi'uirs 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. Be it further enacted^ That it sliall be the 
Shall exhibit duty of the Directors of said Bank, to transmit to the 
a statement Govcmor and Couucil of this Commonwealth, for the time 

ofaccounts. i • • • 11 1 1 r 

being, once in six months at least, and as much oltener 

'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 bills of other banks on hand ; which 

statement shall be signed by the Directors, and attested 

by the Cashier, and sliall be verified by oath or affirmation 

before some person competent to administer the same. 

Sec 8. Be it further enacted^ That said Corporation 

Shall pay ghall be liable to pav, any bona fide holder, the original 

their notes, p r • \ \ \ o • y 1,1 

if counter- amouut oi any note oi said bank counterleited or altered, 
felted. in the course of its circulation, to a larger amount, notwith- 

standing such alteration. 

Sec 9. Be it further enacted^ That the said Corporation 
from and after the first Monday of January, eighteen hun- 
Shall pay ^^.^.^^ .^^^ fourteen, shall pay, by way of tax, to the Treasurer 
Treasurer of of tliis Commonwcalth, for the use of the same, within ten 
State. days aftereach semi-annual dividend, the half of one per cent 

on the amount of the original stock, which shall at the time 
of said dividend have been actually paid in : Provided how- 
ever^ that the same tax, payable in manner aforesaid, shall 
Proviso. y^^ required by the Legislature, of all banks that shall be 
hereafter incorporated within this Commonwealth. And 



LINCOLN BANK. June I6y 1813. 307 

provided flirt her y that nothing herein shall be construed to 
impair the right of the Legislature to lay a tax upon any 
bank already incorporated under the authority of this Com- 
monwealth, whenever they may see fit so to do. 

Sec. 10. Z?6'«^/wrMere'wac/fc/,That one tenth part of the Amount to 
whole funds of the said bank shall always be appropriated ^t^^j'^JJo^ns' 
to loans to be made to citizens of this Commonwealth, 
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, Amount of 
nor more than five-hundred dollars, and upon the personal loans. 
bond of the borrower, with collateral security by a mort- 
gage of real estate, to the satisfaction of the Directors of security for 
said bank, for a term not less than one year, and on con- io=^"s. 
dition of paying the interest annually on such loans, sub- 
ject to such forfeitures and rights of redemption as is by 
law provided in other cases. 

Sec 11. Be it further enacted. That whenever the Le- 
gislature shall require it, the said Corporation shall loan shall loan to 
to the Commonwealth any sum of money which may be ti'eConimou. 
required, not exceeding ten per centum of the amount of 
the capital stock actually paid in, at any one time, reimburs- 
able by five annual instalments, or at any other shorter pe- 
riod, at the election of the Commonwealth, with the annual 
payment of interest, at a rate not exceeding five per centum 
per annum: Provided hoxvever,\h<xlXhQCo\'\\n\on\VGd\i\\ shall Proviso. 
never at any one time stand indebted to said Corporation, 
without their consent, for a larger sum than tuenty per 
centum on the capital stock actually paid in. , 

Sec 12. Be it further enacted. That the Common- 
wealth shall have a right, whenever the Legislature shall 
make provision by law, to subscribe, on account of the 
Commonwealth, a sum not exceeding fifty thousand dol- ,^'*™"'°"" 
lars, to be added to the capital stock of said Coviipany, hold >iock! 
subject to such rules, regulations and provisions, as shall 
be by the Legislature made and established, as to the man- 
agement thereof. 

[Approved by the Governor, June 16, 1813.] 



END OF JUNE SESSION, 1313. 



COMMONWEALTH OF MASSACHUSETTS. 

Secretary's Office, August 12, 1813. 

By this I certify, that the Acts and Laws contained in this pamphlet, 
which were passed by the Legislature at their June Session, the pres- 
ent year, have been examined, and compared in the office with the 
originals, and appear to be correct, excepting in the following instances, 
viz. page 231, chapter viii, Title, — read, " 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, Sec." page 251, chapter xxvii. 
3d line of 1st Section, for "plantation," read totvns/iiji ; page 295, 
chapter Ixvi, 5th line, for " alien," read a lien. 

'the 



ALDEN BRADFORD, ^^^^^'"''^^''^ "^f/f 
' / Lommonv^ealth. 



f \ 



LAWS 



OF THE 

COMMOJ\rWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THE SESSION COMMENCINS ON THE 12th DAY OF JANUART, AND 
ENDING ON THE 28th DAT OF FEBRUART, 

ONE THOUSAND EIGHT HUNDRED AND FOUMTEEH* 



CHAP. LXXIV. , 

An Act to incorporate The Hampden Cotton Mahufactur- 
ing Company. 

Sec. 1. XjE it enacted hy the Senate and House of 
Representatives in General Court assembled^ and by the 
authoritu of the same. That Joel Norcross, Ward Wood- „ 

• Persons in* 

bridge, Eli Goodwin, Russell Taicott, Timothy Packard, corporatai. 
Jun. Amos Norcross, John Avery, together with such 
others as have, or may hereafter associate with them, their 
successors and assigns, be, and they are hereby made a 
Corporation, by the name of The Hampden Cotton Man- 
ufacturing Company, for the purpose of manufacturing 
cotton and woollen cloth and yarn, in the town of Monson, 
in the county of Hampden ; and, for the purpose aforesaid, 
shall have all the powers and privileges, and shall be sub- 
ject to all the duties and requirements, contained in an act, 
passed the third day of March, in the year of our Lord 
one thousand eight hundred and nine, entitled " An Act, 
defining the general powers and duties of Manufacturing 
Corporations. 



310 AUGUSTA BANK. Jan, 21, 1814 

Sec. 2. Be it further enacted^ That said corporation 

tnay be lawfully seized and possessed of such real estate, 

May hold not exceeding the value of one hundred thousand dollars, 

•onJ'esti.te' ^^'^ ^" '^'^ personal estate, not exceeding three hundred 

thousand dollars, as may be necessary and convenient for 

carrying on the manufacture aforesaid. 

[Approved by the Governor, January 20, 1814.] 



CHAP. LXXV. 

An Act to incorporate the President, Directors, and Com- 
pany of the Augusta Bank. 

Sec. 1. 13 E it enacted by the Senate and House of 
Bepresentatives, in General Court assembled, and by the 
authority of the same^ That James Bridge, William Rob- 
co^'^omed"' ^"^°"' Reuel Williams, JohnEveleth, Bartholomew Nason, 
Samuel Howard, and James Child, their associates, suc- 
cessors and assigns, shall be, and hereby are created a cor- 
poration, by the name of The President, Directors, and 
Company of the Augusta Bank, and sliall so continue un- 
Time incor- til the first day of October, Vvhich will be in the year of 
porate or. ^^^^ Lord oue thousand eight hundred and thirty. one ; and 
by that name shall be and hereby arc 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 
Vv'hatever; and also to make, have, and use a common 
seal, and to ordain, establish, and put in execution such 
by-bvs, ordinances and regulations as to them may appear 
necessary and convenient for the government of the said 
corporation, and the prudent management of their affairs : 
Proviso. provided such by-laws, ordinances and regulations shall in 
no v/ise be contrary to the constitution and laws of this 
Commonwealth ; and the said corporation shall be always 
subject to the rules, restrictions, limitations and provisions 
herein prescribed. 
"^•"Ttock^ S^^- 2- ^G It further enact edyT\\2iX. the capital stock 
and of each of Said Corporation shall consist of one hundred thousand 
share. dollars, in gold or silver, divided into shares of one hun- 

dred dollars each. The one hundred thousand dollars shall 
be paid in the following manner, to wit : twenty-fiye thous- 



AUGUSTA BANK. Jan. 21. 1814. 311 

and dollars shall be paid in, on or before the first day of 
October next ; and the remaining seventy-five thousand 
dollars on or before the first day of October, which will 
be in the year of our Lord one thousand eight hundred and 
fifteen, or by instalments in such sums and at such earlier 
period as the Stockholders may direct. And the Stock- 
holders at their first meeting shall, by a majority of votes, 
determine the mode of transfering 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- . . , 
chase, receive, possess, enjoy and retain to them, their property ar<i 
successors and assigns, lands, rents, tenements, and here- a'"^""';- 
ditamcnts, to the amount of twenty thousand dollars, and 
no more at any one time, with power to bargain, sell, and 
dispose of the same, and to loan and negociate their mo- 
nies 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 execution, to any amount, 
as security for or in payment of any debts due to the said 
corporation. And provided further. That no money shall Proviso. 
be loaned, or discounts made, nor shall any bills or promis- 
sory notes be issued from said bank, until the capital sub- 
scribed, and actually paid in, and existing in gold and silver 
in their vaults, shall amount to twenty. five thousand dollars. 

Sec 3. Be it further enactedyThwt the rules, limitations, 
provisions, restrictions and reservations which are provided 
in and by the third section of an act, entitled "An act to 
incorporate the President, Directors, and Company of the 
State Bank," shall be binding on the bank hereby estab- 
lished : provided that the bond required to be given by the proviso, 
cashier shall be in the penalty of fifteen thousand dollars, 
that the number of Directors to be annually chosen shall 
be seven, and four may constitute a quorum for transact- 
ing business. And provided also. That the amount of bills Debts not t* 
at any one time issued from said bank, shall not exceed percent ^^"^"^ 
fifty per cent beyond their capital stock actually paid in. 

Sec 4. Be it further enacted, That the said bank shall 
be established and kept in the town of Augusta, in the 
bounty of Kennebec, 



312 AUGUSTA BANK. Jan, 21, 1814. 

Sec. 5. Be it further enacted^ That any committee, 

specially appointed by the legislature for tiie purpose, shall 

Leg-islative have a right to examine into ihe doings of said corporation, 

^?'"'"J!,l^^.- and sliall have free access to all their books and vaults ; 

may examine ., ...,, t \ r 

books, &c. and if upon such examination it shall be found, and after 
a full hearing of the said corporation thereon be determin- 
ed, by the legislature, that said corporation have exceeded 
the power herein granted thern, or failed to comply with 
any of the rules, restrictions and conditions in this act pro- 
vided, their incorporation may thereupon be declared for- 
feited and void. 

Sec 6. Be it further enacted^ That the persons herein 
May call a before named, or any three of them, are authorised to call 

meeting. ^ meeting of the members and stockholders of said corpo- 
ration, as soon as may be, at such lime and place as they 
may see fit, (by advertising the same for three weeks suc- 
cessively in the Herald of Liberty printed at said Augusta,) 
for the purpose of making, ordaining, and establishing 
such by-laws, ordinances, and regulations, for the order- 
ly conducting the affairs of the said corporation, as the 
said stockholders shall deem necessar}^ and for the choice 
of the first board of Directors, and such other officers as 
they shall see fit to choose. 

Sec 7. Be it further enacted^ That it shall be the duty 

of the Directors ef said bank to transmit to the Governor 

and Council of this Commonwealth for the time being, 

Shall trans- oncc in six mouths at least, and as much oftener as they may 

mitstatemcnt j-equii-g accuratc and iust statements of the amount of the 

of accounts. 1. ' , r • . • . p , i i i 

capital stock oi said corporation, and oi debts due to the 
same, of monies deposited therein, of the notes in circu- 
lation, and of the gold, silver and copper coin, and bills of 
other banks on hand ; which statement shall be signed by 
the Directors, and attested by the Cashier, and shall be 
verified by oath or affirmation before some person compe- 
tent to administer the same. 

Sec 8. Be it further enacted. That said corporation 
Shall pa ^^^^^^ ^^ liable to pay any bona fide holder the original 
counterfeit- amount of any note of said bank, counterfeited or altered 
ed notes. jj^ jj^^ coursc of its circulation to a larger amount, notwith- 
standing such alteration. 

Sec 9. Be it further enacted^ That the said corporation, 
from and after the first Monday of October next, shall pay, 
by way of tax, to the Treasurer of this Commonwealth, 



AUGUSTA BANK. Jan, 21, 1814. 313 



for the use of the same, within ten days after each semi- 
annual dividend, the half of one per cent on the amount of 
the original stock, which shall at the time of said dividend 
have been actually paid in : Provided however^ that the Provisfe. 
same tax, payable in manner aforesaid, shall be required 
by the Legislature of all banks that shall be hereafter in- 
corporated within this Commonwealth. And provided fur- 
ther^ that nothing herein shall be construed to impair the 
right of the Legislature to lay a tax upon any bank already 
incorporated under the authority of this Commonwealth, 
whenever they may see fit so to do. 

Sec 10. Be it further enacted^ That one tenth part of Amount to 
the whole funds ot the said bank shall always be appropri- afedKans" 
ated to loans to be made to citizens of this Commonwealth, 
wherein the Directors shall wholly and exclusively rep-ard 
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 security, 
said bank, for a term not less than one year, and on con- 
dition of paying the interest annually on such loans, sub- 
ject to such forfeitures and rights of redemption as is by 
law provided in other cases. 

Sec 11. Be it further enacted^ That whenever the 
legislature shall require it, the said corporation shall shall loan to 
loan to the Commonwealth any sum of money which may "leCommon- 
be required, not exceeding ten per centum of the ^^'"*' 
amount of the capital stock actually paid in, at any one time, 
reimbursable by five annual instalments, or at any other 
shorter period at the election of the Commonwealth, with 
the annual payment of interest, at a rate not exceeding five 
percent per annum. Provided how ever ^\k\iA.\\\^.Q,o\nw\ow- Proviso.. \ 
wealth shall never at any one time stand indebted to said 
corporation, against their consent, for a larger sum than 
twenty per centum on the capital stock actually paid in. 

Sec 12. Be it further enacted^ That the Commonwealth 
shall have a right, whenever the Legislature shall make Common- 
provision by law, to subscribe, on account of the Common- slfbscHb^^^ 
wealth, a sum not exceeding fifty thousand dollars, to be 
added to the capital stock of said company, subject to such 
rules, regulations, and provisions, as shall be by the legis- 
lature made and established, as to tlie management thereof. 
[Approved by the Governor January 21, 1814.] 



314/ PHIPSBURGH. Jan, 26, 1814. 

CHAP. LXXVI. r. 

An Act to incorporate the town of Phipsburgh. 

Sec. 1. XJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
Town incor- authority of the same, That all that part of the town of 
porated, and Georgetown, situate on the west side of Kennebec river, 
together with the inhabitants thereon, be, and the same is 
hereby incorporated into a separate town, by the name of 
Phipsburgh. And tlie said town of Phipsburgh is hereby 
vested with all the powers, privileges, and immunities, and 
shall also be subjected 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 tt further enacted, That the said town of 
to hold pro- Phipsburgh shall be entitled to hold such proportion of all 
property^ *^^ the real and personal estate now belonging to, and owned in 
♦ ' common by the inhabitants of the present town of George- 
town, as the property of the inhabitants of the said town 
of Phipsburgh now bears to the property of all the inhab- 
itants of the present town of Georgetown, according to the 
.latest valuation thereof, excepting always all right of com- 
mon landing places, uses, and privileges, heretofore pos- 
sessed by the inhabitants of said town of Georgetown — 
all which shall be held and enjoyed by the towns respect- 
ively, within whose limits the same may be. 

Sec 3. Be it further enacted, That the said town of 
debtTdue." Phipsburgh shall be holden to pay their proportion, to be 
I ascertained as aforesaid, of all debts and claims now due 

and owing from the said town of Georgetown, or which 
may hereafter be found due and owing by reason of any 
contract, engagement, judgment of Court, or any matter 
or thing now or heretofore entered into or existing. 
Sec 4. Be it further enacted, That the said town of 
Support of Phipsburgh shall be holden to support their proportion of 
poor- the present poor of the town of Georgetown, which pro- 

portion shall be ascertained as aforesaid ; and all persons^ 
who shall or may hereafter become chargeable as paupers, 
shall be considered as belonging to that town, on whose 
territory they have gained a legal settlement at the passing 
of this act, and shall be supported by that town only. 



CLERKS OF COURTS. Jan. 27, 1814. Sl£f 

Sec. 5. Be it further enacted^ That either of the Jus- 
tices oi the Peace for tlie county of Lincoln is hereby au- Justice to is* 
thoriscd to issue a warrant, directed to some inhabitant of 
the said to>vn of Phipsburgh, requiring him to notify and 
warn the inhahitauts thereof, to meet at such convenient 
time iiud ])lace as shall be expressed in said warrant, for 
the choice of all such officers as towns are by law requir- 
ed to choose in the months of March or April annually. 

Sec. 6. Be it further enacted^ That the said town of 
Paipsburffh shall oav their proportion of all such state and 

^ J 1 1 f. 1 J Taxes asseS' 

cDUiity taxes as are already, or may hereatter be assessed se^. 
upon the inhabitants of the town of Georgetown, until the 
General Court shall lay a tax upon said town of Phips- 
burgh. 

[Approved by the Governor, January 26, 1814.] 



CHAP. LXXVIL 

An Act to repeal in part an act, entitled " An act provid- 
ing for the appointment of Clerks of the Courts in the 
several Counties, and for the safe keeping of the Judi- 
cial Records and Files, and for other purposes. 



Sec 1. -S^S it enacted by the Senate afid House of 
Representatives y in General Court assembled^ and by the 
authority of the same. That an act, passed the eighteenth 
day of June, in the year of our Lord one thousand eight 
hundred and eleven, entitled " An act providing for the Act repealed 
appointment of CleYks of the Courts in the several Coun- 
ties, and for the safe keeping of the Judicial Records and 
Files, and for other purposes," be, and the same is here- 
by repealed, excepting only the sixth section thereof. 

Sec 2. JBe it further enacted, That the Clerks of the 
several counties shall not be obliged to render any account 
of the monies received since the passing of the act which is 
hereby, in part, repealed, or perform any of the duties en- 
joined by the second section of said act. 

Sec 3. Be it further enacted, That the present Clerks clerk's duty. 
of the several counties shall continue to exercise the duties 
ef their office until they are re-appointed, or others ap- 
13 



316 HANCOCK.— LIVERMORE. Jan. 28, 1814. 

pointed in their stead by the Judges of the Supreme Ju- 
dicial Court. 

Sec. 4. Be it further enacted^ That all acts or parts of 
acts which would have been in force, if the act which is 
hereby, in part, repealed, had never been passed, shall be 
revived and be in force. 

[Approved by the Governor, January 27, 1814.] 



CHAP. LXXVIII. 

An Act to alter the times of holding the Court of Sessions 
in the county of Hancock. 

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 
Time of ^^^^^ ^^^» ^^^^ Court of Sessions for the county of Hancock 
Courts alter- shall be holdcn at Castine, in said County, on the several 
ed, Wednesdays next succeeding the days on which the Cir- 

cuit Courts of Common Pleas for said county now are, or 
may hereafter be by law appointed to be hoiden, instead 
of the times heretofore established for holding said Court 
of Sessions; and that all petitions, recognizances, warrants, 
reports and processes whatsoever, shail be returned to, be 
eiitered, have day in, and be proceeded upon in the same 
court, to be holden on such Wednesdays aforesaid, any 
law to the contrary notwithstanding. 

[Approved by the Governor, January 28, 1814.]] 



CHAP. LXXIX. 

An Act declaring that the town of Livermore shall belong 
wholly to the county of Oxford. 



W 



HEREAS doubts have arisen whether 
atucheT^to ^^^^ wholc of the towu of Livcrmorc is included in the 
oxfordcoun- county of Oxford : 

*y' Be it enacted by the Senate and House of Rep- 

resentatives, in General Court assembled, and by the au- 
thority of the samcy That from and after the passing of this 



FAIRFAX.— GARDINER BANK. fan. SI, 1814. 317 

act, the whole of the town of Livermore shall, to all intents 
and purposes, be a part of and belong to the county of 
Oxford, any law heretofore made to the contrary notwith- 
standing. 

[Approved by the Governor, January 28, 1814.]] 



CHAP. LXXX. 

An Act to set off Jonah Crosby, Jun. and others from the 
town of Clinton, and annex them to the town of Fairfax. 



>£ it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same, That Jonah Crosby, Jun. Ezra Cros- off"vom the 
by, and Jonah Crosby 3d, with a tract of land bounded as townofChA- 
follows, to wit : beginning on the North line of the town *°"' 
of Fairfax, one hundred and eighty rods to the eastward 
of rhe north-west corner of Fairfax aforesaid ; thence run- 
ning north, twenty-tv/o degrees east, half a mile ; thence 
easttsouth-cast to the east line of the town of Clinton ; 
thence south, twenty-two degrees west, to the north line 
of Fairfax ; thence west-north- vvest^to the first mentioned 
bounds, be, and are hereby set off from the town of Clin- 
ton, in the county of Kennebeck, and annexed to the town 
of Fairfax, in the same county. 

[Approved by the Governor, January 31, 1814.]] 



CHAP. LXXXI. 

An Act to incorporate the President, Directors, and Com- 
pany of the Gardiner Bank. 

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 Robert Ilallowell Gardiner, 
W illiam Barker, Joseph Bradstrcet, Nathan Bridge, Thom- p^^.^^ . 
as Agry, Sanford Kingsbury, Peter Grant, Joshua Lord, corporated. 
James Marston, Frederick Allen, Stephen Jewett, Edward 
Swan, Rufus Gay, John Stone, Maltiah Lawrence, and 



31S GARDINER BANK, Jan. 31, 1814. 

William Oliver Vaughn, their associates, successors, and 
assigns, shall be, and hereby are created a corporation, by 
the name of The President, Directors, and Company of 
the Gardiner Bank, and shall so continue until the first day 
Tiroeincor-©f October, which will be in the year of our Lord one 
jgora e or. ^i^Q^g^^j^ eight hundred and thirty-one ; and by that name 
shall be and hereby are made capable in law to sue and be 
sued, plead and be impleaded, defend and be defended, 
in any Courts of Record, or any other place whatever ; and 
also to make, have, and use a common seal, and to orddn, 
establish, and put in execution such by-lav/s, ordinances, 
and regulations, as to them may appear necessary and con- 
venient for the government of the said corporation, and the 
fwvke. prudent management of their affairs : provided such by- 
laws, ordinances, and regulations, shall in no wise be con- 
trary to the constitution and laws of this Commonwealth ; 
and the said corporation shall be always subject to the rules, 
restrictions, limitations, and provisions herein prescribed. 
Amount of Sec. 2. Be it further enacted^ That the capital stock of 
capital tock the said corporation shall consist of the sum of one hun- 
^nd of each ^jp^^ thousand dollars, in gold and silver, divided mi»> 
shares of one hundred dollars each ; twenty-five thousand 
dollars of which shall be paid in, on or before the first day 
of September next, and fhe remaining sum of seventy -five 
thousand dollars, on or before the first day of September, 
eighteen hundred and fifteen, or by instalments in such 
sums, or at such earlier periods, as the stockholders may 
direct. And the said stockholders, at their first meeting, 
shall, by a majority of votes, determine the mode of trans- 
ferring and disposing of said stock and the profits thereof; 
•whichj being entered on the bccjks of said corporation, 
shall be binding on the stockholders, their successors and 
assigns. And the said corporation are hereby made capa- 
ble in law to have, hold, purchase, receive, possess, enjoy, 
and retain to them, their successors and assigns, lands, 
rents, tenements, and hereditaments, to the amount of 
twenty thousand dollars, and no more at any one time ; 
with power to bargain, sell and dispose of the same, and 
to loan and negociate their monies and effects, by discount- 
ing on banking principles, on such security as they shall 
Bjoviso. think advisable : Provided hoivever^ That nothing herein 
contained shall restrain or prevent the said corporation from 
^taking and holding real estate in mortgage or on execu- 



GARDINER BANK. fan. SI, ISU. 319 

tion, to any amount, as security for, or in payment of any 
debts due to the said corporation : Jnd provided further ^ Proviso 
That no money shall be loaned or discounts madr, lior 
shall any bills or promissory notes be issued from bald bank, 
until The capital stock subscribed, and actually p?aq] in, 
and existing in gold and silver in their vaults, shall amount 
to twenty-five thousand dollars. 

Sec 3. Be it furthrr enacied. That the rules, limita- 
tions, provisions, restrictions, and reservations, which are 
provided in and by the third section of an act, entitled 
*'An act to incorporate the President, Directors, and Com- 
pany of the State Bank," shaii be bindisiij on the bank 
hereby established : Provided that the bond required to be Proviso, 
given by the Cashier shall be in the penally often thous- 
and dollars ; that the number of Directors annually to be 
chosen shall be five, and three may constitute a quorum for 
transacting- business : And provided also^ That the amount 
©f bills, at any one time issued from said bank, shall not ^xceeci""fifty 
exceed fifty per cent beyond their capital stock actually per cent. 
paid in. 

Sec. 4. Be it further enacted. That the said bank shall 
be established and kept in the town of Gardiner. 

Sec. 5. Be it further enacted, That any committee, spe- legislative 
cially appointed by the Legislature for the purpose, shall committee 
have a right to e.iamine into the doings of said corpora- J^^ks^^^c'T* 
tion, and shall have free access to all their books and vaults; 
and if, upon such examination, it shall be found, and after 
a full hearing of said corporation thereon, be determined 
by the Legislature, that said corporation have exceeded 
the 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. Be it further enacted, That the persons herein ^.^^ ^.^n ^ 
before named, or any three of them, are authorised to call meeting. 
a meeting of the members and stockholders of said corpo- 
ration as soon as may be, at such tmie and place as they 
may see fit, (by advertising the same for three weeks suc- 
cessively, in any newspaper printed in the county of Ken- 
ncbeck,) for the purpose of making, ordaining, and estab- 
lishing such by-laws, ordinances, and regulations, for the 
orderly conducting the affairs of the said corporation, as 
the said stockholders shall deem necesjsary ; and for tUg 



320 GARDINER BANK. Jan. 31, 18U. 

choice of the first Board of Directors, and such other offi- 
cers as thev shall see fit to choose. 

Sec 7. Be it further enacted, That it shall be the duty 

Sh.iii trans- of the Directors of said bank to transmit to the Governor 

mitstatement ^nd Council of this Coinmonvvealth for the time beinsr, 

of accounts. . . , , , . n i '^ 

once in six months at least, aid as rrtiicli 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 or allirmation,^ before some per- 
son competent to administer the same. 

Sec 3. Be it further enacted. That the said corporation 

Shall pay shall be liable to pay to any bona fide holder, the original 

ednotel!'^" amount of any note of said bank, counteiieited or altered 

in the course of its circulation to a larger amount, notwith- 

stanaing such alteration. 

Sec 9. Be it further enacted^ That the said corpora- 
Shall pay tax tion, from and after the first day of September next, shall 
totheTreas-pay, by v/ay of tax to tbe treasurer of this Common- 
wealth, for the U3e of the sar/.^e, v/ithin ien days after each 
semi-annual dividend, the half of one per cent on the 
amount of the original stcck, v/hich shall at the time of 
Provibo, said dividend have been actually paid in ; Provided how- 
ever. That the same tax, payable in manner aforesaid, shall 
be required by the legislature of all banks, which shall be 
hereafter incorporated within *his Commonwealth : And 
provided further. That nothing herein shall be construed 
to impair the rights of the legislature, to lay a tax on any 
bank already incorporated under the authority of this 
Commonwealth, whenever they may see fit so to do. 
Amount to Sec. 10. Be it further enacted, That one tenth part of 
be appropri. the wholc funds of Said Bank, shall always be appropriat- 
ated to loans ^^ ^^ j^.^^^^ ^^ j^^^ made to citizens of this Commonwealth ; 

and wherein the Directors shall wholly and exclusively 
regard the agricultural and manufacturing interest ; which 
loans shall be made in sums, not less than one hundred 
dollars, nor more than five hundred dollars, and upon the 
Security. personal bond of the borrower with collateral security, by 
a mortgage of real estate, to the satisfaction of the Direct- 
ors of said Bank, for a term not less than one year, and 



MERRIMACK INSUR. COMP. Feb. 1, 1814. 321 

on condition of paying the interest annually on such loans, 
subject to such forfeitures and right of redemption, as is 
by law provided in other cases. 

Sec. y}. Be it further enacted. That whenever the Le- 
ffisUiture shall recjuire it, the said Corporation shall loan shall loan to 

°,^ >.i r u-j I theCommon- 

to the Corcnionvveaith any sum oi money, which may be wealth. 
required, not exceeding ten per centum of the amount of 
the capital stock actually paid in, at any time, reimbursa- 
ble by live annual instalments, or at any other shorter pe- 
riod, at the election of the Commonwealth, with the annu- 
al payment of interest at a rate not exceeding five per cent- 
um per annum : Provided however^ That the Common- Proviso, 
wealth shall never stand indebted at anv one time to said 
Corporation, without their consent, for a larger sum than 
twenty per centum of the capital stock actually paid in. 

Sec 12. Be it further enacted^ That the Common- 
wealth shall have a ria^ht, whenever the Lesrislature shall Common. 
make provision by law, to subscribe, on account of the subsciibe. 
Common vveahh, a sum not exceeding fifty thousand dol- 
lars, to be added to the capital stock of said company, 
subject to such rules, regulations, and provisions, as shall 
be by the Legislature made and established, as to the- 
management thereof. 

[Approved by the Governor, January 31, 1814.] 



CHAP. LXXXII. 

An Act to incorporate William Bartlett and others, into 
a Company by the name of The Merrimack Insurance 
Company. 

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 Bartlett, Jeremiah Persons m- 
Nelson, Nicholas Pike, and others, and such persons as corporated: 
have already, or hereafter shall become Stockholders in 
said Company, being citizens of the United States, be, 
and they hereby are incorporated into a Company and 
body politic, by the name of The Merrimack Insurance Name-. 
Company, for and during the term of twenty years after , 
the passing of this act, and by that name may sue, and be 



522 MERRIMACK INSUR. COMP. Feb. 1, 1814. 

Powers. sued, plead and be impleaded, appear, prosecute, and de- 
fend to final judgment and execution, a' d have a com- 
mon seal, which they may alter at pleasure, and may pur- 
cbuse, hold, and convey any estare, real or personal, for 
the use of said Company, subject to the restrictions here- 
in after mentioned. 

Sec 2. Be it further enacted^ That a share in the cap- 
ital siO'-.k of the said Company shall be one hundred dol- 

>famber of lars, and the uu-nber oi shades shall be one thousand, and 
h:ues. j£ j.j^^ ^^-^ number of shares are not already filled, sub- 
scriptions shall be kept open under the inspection of the 
President at.d Directors of the said Company, until the 
same shall be filled ; and the whole capital stock, estate 
or property, which the said Company shall be authorised 
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, a sum not 
exceeding thirty thousand dollars, may be invested in real 
estate^ 

Sec 3. Be it further enacted^ That the stock, proper- 

Srfpeny* ^^ •> ^^^"'^ ^"^ concems of said Company, shall be managed 
and conducted by thirteen Directors, one of whom shall 
be President thereof, who shall hold their offices for one 
year, and until others shall be chosen, and no longer ; 
which Directors shall, at the time of their election, be 
stockholders and citizens of this Commonwealth, and not 
Directors in any other Company, carrying on the business 
of Insurance, and shall be elected on the first Tuesday in 
January in each and every year, at such times of the day, 
and at such place in the town of Newburyport, as a ma- 
jority of the Directors for the time being shall appoint ; 
of which election public notice shall be given in all the 
newspapers, which are at the time printed in Newbury- 
port, and continued for ten days immediately preceding 
such election ; and such election shall be holden under 
the inspection of three stockholders, not being Directors, 
to be appointed ])rcvious to every election by the Direct- 
ors, and shall be made by ballot by a maji^rity of votes 
of the stockholders present, allowing one vote to each 

proviso. share in the capital stock : Provided^ That no stockholder 
shall be allowed more than twenty votes, and the stock- 
holders not present may vote by proxy, under such regu-j 
lations as the said Company siiall prescribe. 



MERRIMACK INSUR. COMP. Feb. 1, 1814. 323 

Sec. 4. Be it further enacted^ That the Directors so 
chosen shall meet as soon as may be, after every election, 
and shall choose out of their body, one person to be Pre- Election of 
sident, who shall preside for one year, and until another P'^^*^^'-' 
shall be chosen, and shall be sworn faithfully to discharge 
the duties of his office ; and in case of the death, resi.^- 
nation, or inability to serve of the President, or anv Di- 
rector, such vacancy or vacancies shall be fiiled for the 
year in wliich they may happen, by special election for 
that purpose, to be held in the same manner as is herein 
before directed respecting annual elections for Directors 
and president. 

S£c. 5. Be it further enacted. That the President and 
six of the Directors, (or seven of the Directors in the ab- 
sence 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 pow- 
er to make and prescribe such by-laws, rules, and regu- By.iaws, 
latioiis, as to them shall appear needful and proper, touch- Rules, &e. 
ing the management and disposition of the stock, proper- 
ty, -estate and effects of said Company, and die transfer of 
shares, and touching the duties and conduct of the seve- 
ral officers, clerks, and servants employed, and the election 
of Directors, and all such matters as appertain to the bu- 
siness of insurance, and shall also have power to appoint 
a secretary, and so many clerks and servants for carrying- 
on the said business, and with such salaries and allowan- 
ces to them and to the President, as to the said board shall 
seem meet : Provided^ such by-laws, rules, and regula- Proviso, 
tions, shall not be repugnant to the constitution and laws 
of this Commonwealth. 

Sec. 6. Be it further enacted^ That there shall be 
stated meeti:igs of the Directors, at least once in every Meetings of 
month, and as often within each month as the President ^"■^^'•"'■^• 
and Board of Directors shall deem proper; and the Presi- 
dent, and a committee of three Directors, to be by him 
appointed in rotation, shall assemble daiiv, if need be, for 
the dispatch of busisiess; and the said Board of Direc- 
tors, and the committee aforesaid, at and during the plea- 
sure of the said Board, shall have power and authority, on 
behalf of the Company, to make insurance upon vessels, 
freight, money, goods and eflectsj and against captivity of ^rJ*"^^ '"' 
persons, and on the life of any person during his absence 
14 



.321 MERRIMACK INSUR. COMP. Feb. 1, 1814. 

by sea, and in cases of money lent upon bottomry and re- 
spondentia, and to fix the premiums and terms of pay met)' ; 
and all policies of insurance by iheni made, shiil be sub- 
„ . . . scribed by the President, or in case of his death, sic kness, ^ 

Provision in .,.,.-' , , r i i^ i \ 

of ab- inability or absence, by any two ot the Directors, an ! coun- 



tase 



nee or tersigned by the Secretary, and shall be binding a? d obli- 
'^'^^ ' gatory upon the said company, and have the like eflv ct and' 

force, as if under the seal of said company ; and the assured 
may thereupon maintain an action upon the cr;se iigainst the 
said Company, and all losses duly arising under any poli- 
cy, so subscribed, may be adjusted and settled by the Pre- 
sident and Board of Directors, and the same shall be bind- 
ing on the Company. 

Sec. 7. Be it further enacted^ That it shall be the duty 
5)iity of tbe of the Directors, on the third Tuesday of April and C^i:- 
J^aectors. tober in every^ year, to make dividends of so much of ihc 
interest, arising from the capital stock and profits of the 
said Company, as to them shall appear advisable, but the 
monies received and notes taken for premiums on risks 
which shall be outstanding, at the time of making such 
dividends, shall not be considered as part of the profiis of 
the Company ; and in case of any loss or losses, whereby 
the capital stock of the Company shall be lessened before 
stockholders jj^e whole amount of the stock is paid in, each proprietor 
ijr^Imtabie^for OJ" Stockholder's estate shall be held accountable for the de- 
4cnciency. ficiency 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, until a sum equal to 
such diminution shall have been added to the capital ; and 
that once in every twe years, and oftener, if required by a 
majority of votes of the stockholders, the Directors shall 
lay before the stockholders at a general meeting, an ex- 
act and particular statement of the profits, if any diere be, 
5ifter deducting losses and dividends. 

Sec 8. Be it further enacted. That the said Compa- 
ny shall not directly or indirectly deal or trade in buying 
or selling any goods, wares or merchandize, or commodi- 
ties whatsoever, and the capital stock of said Company af- 
ter being collected at each instalment, shall, within six 
cf ttfeTunds. nionths after payment of each instalment, be invested either 
in tlie funded debt of the United States, or of this Commoii- 



MERRIMACK INSUR. COMP. Feb. 1, 1814 i3^ 

wealth, or in the stock of the United States' Bank, or of any 
inc(»rporutcd Bank in this Commonwealth, at the directioQ 
of the President and Directors of the said Company, or 
of other officers, which the proprietors shall for such pur- 
poses apponit. ^^ Payment or 

Sec. 9. Be it further enacted. That the whole of the shares. 
Capital stock of said Company, shall be paid in, on or be- 
fore the 15th day of April next, and under such penalties 
as f-he id id Company shall direct. 

Sec. iO. Be it further enacted. That the property of^'^™^-"' 
any menU^er of said Company, vested in the stock of said bietoauach^ 
Comuai/; , shcill !)e liable to attachment, and to the pay- ™^t. 
mcni and satisfitction of his just debts, to any of his bona 
fide creditors, in manner followinj^, to wit : in addition to 
the sumni'Mis by law prescribed to be left with the de- 
fendant, a like summons shall be left with the secretary of 
said Company, and the debtor's share or shares in the 
said Company's funds, together with the interest and pro- 
fiis due or growing due thereon, or so much thereof as 
shall be sufficient, shall thereby be held to respond said 
suit accordiiig to law ; and all transfers of the debtor's 
shares, not noted in the books of the Company, previous 
to the delivery of such summons, shall be barred thereby, 
and execution may be levied upon the property of any 
stockholder in said Company, and his share or shares 
therein exposed to sale in the same manner as is by law 
prescribed where personal estate is taken in execution ; Duty of ofll- 
and it shall be the duty of the officer who extends such "i- who e«- 

, - , , p . , , . , tend ihe ei- 

execution, to leave an attested copy thereof, with his Ct<">- ecmtion. 
ings thereon, with the Secretary of said Company, and the 
purchasers sh ill thereupon be entitled to the reception of all 
dividends and stocks which the debtor was previously en- 
titled to ; and upon any attachment being made, or exe- 
cution levied on any shares in said Company, it shall be 
the duty of the Secretary of said Company, to expose the 
books of the Company to the office^-, and to furnish him 
with a certificate under his hand, in his official capacity, 
ascertaining the number of shares the debtor holds in said - 
Company, and the amount of the dividends due thereon. 

Sec 11. Beit further enacted/ xhv^im CASQoi i\ny \q^^ 
or losses taking place that shall be equal to the amount of subscribing 
the capital stock of the said company, and the President policy a<W- 
©r Directors, after knowing of such loss or losses taking ''^^■' 



326 MERRIMACK INSUR. COMP. Feb. 1. 1814. 

place, shall subscribe to any Policy of Insurance, their es- 
tates, jointly and severally, shall be accountable for the 
amount of any and every lobs that shall take place, under 
policies thus subscribed. 

Sec 12. Be it further enacted^ That the President and 
Directors of said company shall, previous to their subscrib- 
Shall publish ing to any policy, and once in every year after, publish m 
iitiks, &c. all the nevvspai>ers printed at the time in Newbur) port, 
the amount of their stock, aj^ainst what risks they mean, 
to insure, and the largest sums they mean to take on any 
one risk. 

Sec 13. Be it further enacted^ That the President and 
Shall exhisit Directors of said company shall, when and as often as re- 
staiement of quired by the Legislature of this Commonwealth, lay be- 
fore them a statement of the affairs of said company, and 
submit to an examination concerning the same under oath. 
Sec 14. Be it further enacted^ That William Bartlett 
TIT ^ ^ u o ^rid Nicholas Pike are hereby authorised to call a meetine 

May call a u r • i " u • 

jneeiing. oi the members ot said company, as soon as may be, m 
Newburyport, by advertising the same for three weeks 
successively in the newspaper printed in said town, for 
the purpose of electing the first Board of Directors, who 
shall continue in office until the first Tuesday of January 
next following, and until others are chosen in their room. 
Sec 15. /^d* ?f yj^rMer <?«ac^c(/. That the Newburyport 
Marine Insurance Company, and the vlerrimack Marine 
3.fav dissolve aiid Fire Insurance Company, in Newburyport, may, at 
corpoiauon. .^x\y meeting duly called therefor, dissolve their respective 
cwi poratious ; and each of said companies may appoint a 
coinmiitee to collect the debts due to, and settle ail de- 
mands against the said corporations, with the same powers 
therefor as the Presidents and Directors of said companies 
now have. And it shall be the duty of committees so 
chosen, to apportion the residue of their funds among the 
stockholders of said companies respectively, according to 
the number of shares by them holden in said corporation, 
and to adopt all proper measures for bringing the concerns 
of the said companies to a close. 

[Approved by the Governor February 1, 1814.] 



FILE MANU.— W. BOYLSTON. Feb, 3, 1814. 327 



CHAP. LXXXIII. 

An Act to incorporate The Massachusetts File Manufac- 
turing Company. 



Sec. 1. -Dr^ it enacted by the Senate and House of 
H.epresentatwcs in General Court assembled^ and by the 
authority of the same. That Selh Boyden, Jun. Warren Persons in- , 
Dutton, tlieir associates, successors and assigns, be, and ^"''P^''^^^ 
they hereby are made a corporation, by the name of The 
Massachusetts File Manufacturing Company, for the pur- 
pose of manufacturing files and other manufactures of 
iron and steel, at Sharon, in the county of Norfolk, and 
Boston, in the county of Suffolk; and for this purpose 
shall have all the powers and privileges, and be subject to 
all the duties and requirements contained in an act, passed 
the third day of March, in the year of our Lord one thous- 
and eight hundred and nine, entitled " An act, detining 
the general powers and duties of Manufacturing Corpora- 
tions." 

Sec 2. Be it further enacted^ That the capital stock of 
said corporation shall not exceed two hundred thousand 
dollars ; and they may be lawfully seized and possessed May hold 
of such real estate as may be necessary and convenient for sonal"esute! 
the purposes aforesaid, not exceeding the value of thirty 
thousand dollars, exclusive of the buildings and improve- 
ments that may be made thereon by the said corporation. 
[/Approved by the Governor, February 3, 1814.] 



CHAP. LXXXIV. 

An Act to incorporate The West-Boylston Manufacturing 

Company. 

Sec. 1. -De it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That Silas Newton, Peter Holmes, ^ ,. 

^ ♦/ •/ ' ^ ' ' I arsons NU* 

Frazier Sargent, Alpheus Smith, John Woodcock, James corpoiateft. 
Smith, Aaron Morse, Henry Sargent, Thomas Holmes, 
Joseph White, Elisha Mirick, and their associates, sue*- 



S23 FITCHBURGH PARISHES, Feb, 3, 1814. 

cessors and assigns, be, and they hereby are made a cor- 
poration, by the name of The West- Boy Iston Manufact- 
uring Company, for the purpose of manufacturing coiton 
and woollen cloths and fine wire, at West-Boylston, in 
the county of Worcester ; and for this purpose shall have 
ail the powers and privileges, and be subject to all the du- 
ties and requirements contained in an act, passed the third 
day of March, eighteen hundred and nine, entitled "An 
act, defining the general powers and duties of Manufact- 
uring Corporations." 

Sec 2. Be it further enacted. That the capital stock of 
said corporation shall not exceed one hundred and forty- 
Ma hnid ^""'^ thousand dollars ; and they may be lawfully seized 
ai and per- and possessed of such real estate as may be necessary and 
sonai estate, convenient for the purposes aforesaid, not exceeding the 
value of thirty-four thousand dollars, exclusive of build- 
ings and improvements that may be made thereon by said 
corporation, 

[Approved by the Governor, February 3, 1814.] 



CHAP. LXXXV. 
An Act to unite the Parishes in Fitchbursrh. 



fc)' 



B 



E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That an act, entitled *' An act to 
incorporate a number of the inhabitants of the town of 
Fitchburgh, in the co mty of Worcester, into a religious 
society, by the name of the Calvinistic Congregational So- 
ciety in Fitchburgh," passed on the fourteenth day of June, 
in the year of our Lord oiie thousand eight hundred and 
five, be, and hereby is jepealed ; and the Calvinistic Con- 
ited." gregational Society in Fitchburgh, and ihe First Parish in 
said town, shall hereafter constitute one parish : Provided 
however. That both of said parishes shall be holden, in 
their corporate capacity, to perform all contracts and agree- 
ments already entered into. And the Calvinistic Congrega- 
tional Society in Fitchburgh shall have power, in their cor- 
porate capacity, to convey or otherwise dispose of any real 
or personal estate, which now belongs to said corporation.. 
[Approved by the Governor, February 3, 1814.J 



Parishes 
un 



NORWAY. Feb, 3. 1814. S20 



CHAP. LXXXVL 

An Act for the support of the Ministry and Schools, in 
the town of Norway. 

Sec. 1. J3E it enacted hy the Senate and House of 
Representatives^ in General Court assembled^ and hy the 
authority of the same^ That Job Eastman, Nathan Noble, Persons W 
Jojihua Crocket, Solomon Millet, Levi Vv hitman, Joshua corporaied. 
Smith, and Jonatlian Cummings, all of Norway, in the 
county of Oxford, be, and they are hereby appointed, a 
committee to sell all that part of a tract of land, granted to 
the said town of Norway by a resolve of the General Court, 
passed the fourth day of March, A. D. eighteen hundred 
and one, for the use of the ministry and the support of 
schools in the said town ; and also all the ministerial and 
school lands, secured to the said town by its original act 
of Incorporation, and to pay over the proceeds of said sale 
to the trustees of said fund herein after appointed. 

Sec 2. Be it further enacted^ That the said Jub East- 
man, Nathan Noble, Joshua Crocket, Solomon Millet, Levi 
Whitman, Joshua Smith, and Jonathan Cummings, be, and 
they hereby are authorised and empowered to sell and Authorised 
convey, in fee simple, all the said ministerial and schooUo sell lands-, 
lands before mentioned, either granted or sectired to the 
said town ; and to make, execute, and acknowledge a 
good and sufficient deed or deeds thereof, which deed or 
deeds, signed and sealed by them, or any four of them, 
shall be good and effectual in law, to pass and convey the 
said land, in fee simple, from said town to tiie purchaser 
or purchasers, to all intents and purposes whatsoever. 

Sec 3. Be it further enacted^ That the said Job East- 
man, Nathan Noble, Joshua Crocket, Solomon Millet, Levi 
Whitman, Joshua Smith, and Jonathan Cummings, be, and 
they hereby are incorporated into a body politic, by the naine Trustees in, 
of The Trustees of the Ministerial and School Funds in the ^'^^P"'"*^^^ 
town of Norway, and they and their successors shall conti- 
nue a body corporate forever, by that name ; and shall have 
a common sea), subject to be altered at their pleasure ; and 
may sue and be sued in all actions, and prosecute and de- 
fend the same to final judgment, by their name aforesaid. 
And the said trustees may annually elect a President and a 



330 NORWAY. Feb. 3, 1814. 

Clerk, to record the doings and transactions of the said 
corporation, at their meetings, and a Treasurer, to receive 
and apply the monies herein after mentioned, as herein 
after directed, and any other needful officers, for the better 
managing of their business. 

Sec 4. Be it further enacted^ That the number of the 
Number of said trustees in the said body politic shall not, at any one 
Trustees, time, be more than seven, nor less than five — any five of 
whom shall constitute a quorum for transacting business; 
and any three of their number shall constitute a quorum, 
for the purpose of adjourning from time to time. And 
they may and shall, from time to time, fill up vacancies in 
their number, whicli may happen by death, resignation, or 
otherwise, from the inhabitants of said town ; and shall 
also have power, from time to time, to remove any of their 
number, who may become unfit or incapable from age, in- 
firmity, misconduct, or any other cause, to discharge their 
duty ; and supply any vacancy, so made, by a new choice, 
■^"""f^i"^^" from the inhabitants as aforesaid. And the said trustees 
reel° ^^ shall annually hold a meeting, in March or April, and as 
much oftener as may be found necessary, to transact their 
necessary business ; which meeting, after the first, shall 
be called in such way and manner, as the trustees may 
hereafter direct. 

Sec 5. Be it further enacted^ That the said trustees 
shall receive the monies, arising from. the sale of the said 
Duty of the lands, and put the same at interest, as soon as may be, and 
Trustees, shall be sccurcd by mortgage of real estate, to the full 
value thereof, or by two or more sureties with the princi- 
pal, unless the trustees shall think it best to invest the same 
in public funded securities, or bank stock of any bank of 
this Commonwealth, at their discretion. 

Sec 6. Be it further enacted^ That the interest arising 
from the said funds may and shall be annually, or oftentr, 
interest.how applied to the use of the ministry and schools in the said 
appie . town of Norway,^ in proportion to the sum which the sale 
of the land, exclusively appropriated for each purpose, 
may produce. And it shall never be in the power of the 
said town or trustees, to alienate, or in any wise alter or 
change the appropriation of the funds aforesaid. 

Sec 7. 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 said corpora- 



NORTH-YARMOUTH ACADEMY. Feb, A, 1814. 331 

tion shall give bond, in double the amount of the monies 
by him received, to perform his duty faithfully, and to be 
at all times responsible for the application and appropria- Duties of the 
tion of the money which may come into his hands, con- ^'"^^s"'^^^- 
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 said bond shall be given up to the treas- 
urer of said town, to be by him collected, for the benefit 
of the said fund. 

Sec. 8. Be it further enacted^ That the said trustees, or 
their officers, for any services they may perform, shall be JjoJTSf xrus- 
entitled to no compensation out of ai\y money, arising from tees, 
the fund aforesaid ; but may be compensated in such way, 
and to such amount, as the said town, in town meeting, 
may direct and order. And the said trustees and their 
successors shall exhibit to the said town, at their annual 
meeting in iMarch xir April, a lair and regular statement 
of their doings. And the said trustees shall be responsi- 
ble to the said town, for their personal negligence or mis- 
conduct, whether they be officers or not ; and liable to a 
suit, for any loss or damage arising thereby — the debt or 
damage, to be recovered in said suit, to be for the use of 
the fund aforesaid. 

Sec. 9. Be it further enacted^ That Albion K. Parris, 
Esq. a Justice of the Peace for the count}^ of Oxford, be, justice to is- 
and he is hereby authorised, upon application therefor, to sue warrant, 
issue a warrant, directed to one of the said trustees before 
named, requiring him to notify and warn the first meeting 
of the said trustees, at such time and place as shall be ex- 
pressed in said warrant, to organize the said corporation, 
by the election and appointment of its officers. 

[Approved by the Governor, February 3, 1814.] 



CHAP. LXXXVII. 

An Act to incornoratc The North Yarmouth Academy. 



HEREAS the encouragement of litera- 
ture in the rising generation has ever been considered by Preamble, 
the wise and good, as the basis upon which the safety and 
happiness of a free people ultimately depend : And where- 
15 



532 NORTH-YARMOUTH ACADEMY. Feb. 4, 1814. 

as it appears from a petition of a number of the inhabi- 
tants of the town of North Yarmouth, that they have ex- 
pended a considerable sum towards erecting a suitable 
building for an Academy in said town : 

Sec. 1. Be it enacted by the Senate and House of 
Representatives^ tn General Court assembled^ and by the 
authority of the same. That there be, and hereby is estab- 
. , . lished, in the town of North Yarmouth, an Academy, by 

Academy in- ' r xi i it- i a i c \ - ' -^ 

corporaicd.; the name of North Yarmouth Academy, lor the purpose 
of promoting piety and virtue, and xbr tht- education of 
youth in such languages, and such of the liberal arts and 
sciences as the trustees shall direct : And the Rev. Fran- 
cis Brown, Mr. Gushing P.rince, the Rev. Amasd Smidi, 

TriisUes ap- Hon. Ammi R. Mitchell, Rev. Thomas Green, Rev. Syi- 

lipinted. vanus Boardman, Gen. Alford Richardson, Rev. John 
Dutton, Tristram Gilman, Seth Mitchell, WiUiam Bar- 
rows, Jun. Edward Russell, Esquires, Messrs. Nathaniel 
Jenks, Allen Drinkwater, and Calvin Stockbndge, be, and 
they hereby are nominated and appointed Trustees of said 
Academy ; and they are hereby incorporated into a body 
politic, by the name of the Trustees of North Yarmouth 
Academy ; and they and their successors shall be and con- 
tinue a body politic and corporate, by the same name for- 
ever. 

Sec 2. Be it further enacted. That all the lands and 
monies heretofore given or subscribed, or which, for the 
purpose aforesaid, shall be hereafter given, granted and as- 
signed unto the said Trustees, shall be confirmed to the 
said Trustees and their successors in that trust forever, 
for the uses which in such instruments shall be expressed ; 
and they, the said Trustees, shall be further capable of 
having, holding, and taking in fee simple, by gift, grant, 
devise or otherwise, any lands, tenements, or other estate, 

Pi'ovis*. real or personal : Provided, the annual income of the 
same shall not exceed three thousand dollars, and shall ap- 
ply the rents and profits thereof in such manner as that the 
end and design of the institution may be most eifectually 
promoted, 
rrpowerrd Sec.3. Be it further enacted, That the said Trustees^ 
- fleet offi. shall have full power, from time to time, as they shall de- 
termine, to elect such officers of the said Academy, as 
they shall judge necessary and convenient, and fix the 
tenures of their respective offices ; to remove any Trustee 



NORTH- YARMOUTH ACADEMY. 7^^6.4,1814. ms^ 

from the Corporation, when in their opinion he shall be in- 
cupahle, through age or otherwise, of discharging the du- 
tkb ot his office ; to fill all vacancies by electing such per- Vacancie? 
sons for Trustees, as they shall judge best ; to determine ^"PP^'^^-- 
the times and places of their meetings ; the manner of no- 
til} ing the said I'rustees ; the method of electing or re- 
moving Trustees ; to ascertain the powers and duties of 
their several officers ; to elect preceptors and teachers of 
said Academy ; to determine the duties and tenures of 
thtir offices; to ordain reasonable rules, orders and by- 
laws, not repugnant to the laws of the Commonwealth, 
with reasonable penalties, for the good government of the 
Academy, as to them the said Trustees and their succes- 
sors shall, from time to time, according to the various 
occasions and circumstances, seem most fit and requi- 
site ; all which shall he observed by the officers, scholars, 
and servants of said Academy, upon the penalties therein 
contained. 

Sec 4. Be it further enacted^ That the Trustees of the 
said Academy may have one common seal, which they may Seatof office, 
change at pleasure ; and that all deeds made, signed and 
sealed with said common seal, and duly executed by the 
Treasurer of said Trustees, by their order, shall be con- 
sidered valid in law, as good deeds of bargain and sale ; 
and that the Trustees of said Academy, may sue and be. 
sued, in all actions, real, personal and mixed, and prose- 
cute and defend the same unto final judgment and execu- 
tion ; by the name of the Trustees of North Yarmouth 
Academy. 

Sec 5. Be it further enacted^ That the number of said jsjij^^her oT 
Trustees shall not, at any one time, be more than fifteen. Trustees 
nor less than nine, seven of whom shall constitute a quo- '"^^'*^*- 
rum for doing business ; and a majority of the members 
present, at any legal meeting, shall decide all questions 
proper to come before the Trustees. 

Sec 6. Be it further enacted, That the Hon. Ammi R. ^. ^ „ 
Mitchell, be, and he hereby is authorized and empowered i,i^ 
to fix the time and place for holding the first meeting of the 
said Trustees, and to notify them thereof. 

[Approved by the Governor, February 4, 1814.] 



Persons in 

CO 



334 STOUGHTON.— BOSTON. F€b.4>,lQU. 

CHAP. LXXXVIII. 

An Act to incorporate The Gay Cotton Manufacturing 
Company in Stoughton. 

Sec. 1. J3E it enacted by the Senate and House of 
Repi esentatives, in General Court assembled, and by the 
'^p^^^^^', authority of the same. That Lemuel Gay, Otis Bri,u,gs, 
Simeon Preshec, Jun. Ephrdim Stephens, Isaac Reynolds, 
Soih Pratt, Nathan Drake, 3d. Joseph Battles, Benjamin 
Battles, and John Gay, together with such others, as ha\ e, 
or may hereafter associate with them, their successors and 
assigns, be, and tiiey are hereby made a Corporation, by 
the name of The Gay Cotton Manufacturing Company, for 
the purpose of maniifactuiing cotton goods, in the town of 
Stoughton, in the county of Norfolk ; and for the purpose 
aforesaid, shall have all the powers and privileges, and be 
subject to all the duties and requirements contained in an 
act, passed the third day of March, in the year of our Lord 
one thousand eight hundred and nine, entitled " An act 
defining the general powers and duties of Manufacturing 
Corporations." 
May hold re- g^^. 2. Be it further enacted. That said Corporation 

al and per- , , r ,, • t i ^ r i i 

^onal estate, may be lavvtuily seized, and possessed oi such real estate, 
not exceedmg the value of fifty thousand dollars, and such 
personal estate, not exceeding one bundled thousand dol- 
lars, as may be necessary and convenient for carrying on 
the manufacture aforesaid. 
I [Approved by the Governor, February 4, 1814.3 



CHAP. LXXXIX. 

An Act to incorporate The Boston Porcelain and Glass 

Company. 

Sec 1. XjE it enacted by the Senate and House of 

P.epresentanvcs, in General Court assembled, and by the 

persons in- authority of the same. That Jesse Putnam, Thomas Cur- 

"^- tis, and (xeorge Biake, witli such others as already have 

associated, or hereafter may associate with them, their sue- 



SPRINGFIELD BANK. iP«?6. 4, 1814. 3S5 

cesssors or assigns, be, and hereby are made a Corporation, 
by the name of The Boston Porcelain and Glass Compa- 
ny, for the purpose of manufacturing earthen ware and 
glass of all kinds, at any place or places, within the Com- 
monwealth, not exceeding three, and for that purpose shall 
have all the powers and privileges, and be subject to all 
the duties and requirements contained in an act, passed the 
third day of March, one thousand eight hundred and nine, 
entitled " An act defining the general powers and duties of 
Manufacturing Corporations." 

Sec 2. Be it further enacted, That said Coq^oration 
may be lawfully seized and possessed of such real estate, ^^j^ hold re. 
not exceeding fifty thousand dollars, and such personal ai and per- 
estate, not exceeding one hundred and fifty thousand dol- '^'^"^^ esutc. 
lars in value, as may be necessary and convenient for car- 
rying on the aforesaid manufacture. 

[Approved by the Governor, February 4, 1814.] 



CHAP. XC. 

An Act to incorporate the President, Directors, and Com- 
pany of the Springfield Bank. 

Sec. 1. XJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That Jonathan D wight, John Hook- Persons iny 
er, George Bliss, James Byers, James S. Duight, Justin corporate^- 
Ely, Jonathan Dwight, Jun. Moses Bliss, Jun. Edward , 
Pynchon, and Oliver B. Morris, their associates, succes- 
sors, and assigns, shall be, and hereby are created a corpo- 
ration, by the name of The President, Directors, and Com- 
pany of the Springfield Bank, and shall so continue until Time iiscor- 
the first day of October, which will be in the year of our Po-'at<>«l ioi- 
Lord one thousand eight hundred and thirty-one ; and by 
tliat name shall be and hereby are made capable in law to 
sue and be sued, plead and be impleaded, defend and be de- 
fended, in any Courts of Record, or any place whatever; and 
also to make, have, and use a common seal, and to ordain, 
establish, and put in execution such by-laws, ordinances, 
and regulations, as to them may appear necessary and coi!- 
venient for the government of the said corporation^ and \i\z 



336 SPRINGFIELD BANK. Feb. 4., 1814, 

Proviso. prudent management of their affairs : provided such by- 
laws, ordinances, and regulatioiis, shall m no wise be con- 
trary to the constitution and laws of this Commonwealth ; 
and the said corporation shall be alw^ays subject to the rules, 
restrictions, limitations, and provisions herein prescribed. 
Sec 2. Be it further enacted^ That the capital stock of 
the said corporation shall consist of the sum of two hundred 
Amount of thousand dollars, in gold and silver, divided into shares of 
and^of each ^"*^ liui drcd doUars each, which shall be paid in four equal 
share. instalments: the first, on the first day of June next; the 

second, on the first day of December next ; the third, on the 
first day of June next after; and the fourth, on the first 
day of December next after. And the stockholders, at their 
first meeting, shall, by a majority of votes, determine the 
mode of transferring and disposing of said stock and the 
profits thereof; which; being entered on the books of said 
corporation, shall be binding on the stockholders, their suc- 
cessors and assigns. And the said corporation are hereby 
made capable in law to have, hold, purchase, receive, pos- 
sess, enjoy, and retain to them, their successors and assigns, 
lands, rents, tenements, and hereditaments, to the amount 
of thirty thousand dollars, and no more at any one time ; 
with power to bargain, sell and dispose of the same, and 
to loan and negociate their monies and effects, by discount- 
ing on banking principles, on such security as they shall 
think proper : Provided however^ That nothing herein 
contained shall restrain or prevent the said corporation from 
taking and holding real estate in mortgage or on execu- 
tion, to any amount, as security for, or in payment of any 
debts due to the said corporation : And provided further^ 
That no monev shall be loaned or discounts niade, nor 
shall any bills or promissory notes be issued from said bank, 
until the capital subscribed, and actually paid in, and ex- 
isting in gold and silver in their vaults, shall amount to 
fifty thousand dollars. 

Sec 3. Be it further enacted. That the rules, limita- 
tions, and provisions, which are provided in and by the 
third section of an act, entitled " An act to incorporate the 
President, Directors, and Company of the State Bank," 
Bn-ovise. shall be binding on the bank hereby established : Provided 
that the bond required to be given by the Cashier shall be 
given in the penalty of twenty thousand dollars ; that the 
number of Directors to be annually chosen shall be five. 



Proviso. 



SPRINGFIELD BANK. Teh. 4, 1814, 337 

and three may constitute a quorum for the transaction of 
bubintss : And provided also, That the amount of debts, at ^^^%"'JfJ° 
any one time due from said bank, shall not exceed fifty percent. 
per centum beyond their capital stock actually paid in. 

Sec. 4. Be it further enacted^ That the said bank shall 
be established and kept in the town of Springfield, in the 
county of Hampden. 

Sec 5. Be it further enacted. That whenever the Le- 
gislature shall require it, the said Corporation shall loan fj^^^HommoiT- 
to the Commonvrealth any sum of money, that may be wealth. 
required, not exceeding twenty thousand dollars at any one 
time, reimbursable by five annual instalments, or at any 
shorter period, at the election of the Commonwealth, with 
the annual payment of interest at a rate not exceediuj^ five 
per centum per annum: Provided however^ That the Com- Proviso, 
monvvealth shall never, at any one time, stand indebted to 
the said corporation, without their consent, for a larger sum 
than thirty thousand dollars. 

Sec 6. Be it further enacted^ That any committee, spe- 
cially appointed by the Legislature for that purpose, shall j^pfcislatlve 
have a right to examine into the doings of said corpora- committee 
tion, and shall have free access to all their books and vaults; "^ayexamme 
and if, upon such examination, it shall be found, and after 
a full hearing of said corporation thereon, be determined 
by the Legislature, that said corporation have exceeded 
the powers herein granted them, or failed to comply with 
any of the rules, restrictions, or conditions in this act pro- 
vided, the incorporation shall thereupon be declared for- ' 
feited and void. 

Sec 7. Be it further enacted^ That the persons herein 
before named, or a majority of them, are authorised to call May call a 
a meeting of the members and stockholders of said corpo- "^^^'"ff- 
ration as soon as may be, at such time and place as they 
may see fit, (by advertising the same three weeks suc- 
cessively, in the Hampden Federalist, printed at Spring- 
field,) for the purpose of making, ordaining, and estab- 
lishing 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 ofii. 
cers as they shall see fit to choose. 

Sec 8. Be it further enacted^ That it shall be the dut\- 
©f the Directors of said bank to transmit to the Governor 



338 SPRINGFIELD BANK. Feb.A>, 1814. 

and Council of this Commonwealth for the time bein^, 
once in six months at least, and as much ofiener as ihty 
Shall trans- niay require, accurate and just statements of the amount 
S-^lcSllltl* of the capital stock of said corporation, and of debts due 
the same, of the monies deposited therein, of the notes 
in circulation, and of the gold, silver and copper coin, and 
the bills of other banks on hand ; which statement shall be 
signed by the Directors and attested by the Cashier, and 
shall be verified by oath, before some person competent 
to administer the same. 

Sec. 9. Be it further enacted^ That the Common- 
Common- wealth shall have a right, whenever the Legislature shall 
wealth may make provision by law, to subscribe, on account of the 
smbscribe. Commonwealth, a sum not exceedin^^ fifty thousand dol- 
lars, to be added to the capital stock of said company, 
subject to such rules, regulations and provisions, as shall 
be by the Legislature made and established, as to the 
management thereof. 
Shall pay ^'E-C \0. Be it further €Tiacted^Th?^it\\Q si\\6. CQVipov^t.\ox\ 
eounterfeit- shall be liable to pa^"- to any bona fide holder, the original 
ed notes. amount ©f any note of said bank, altered in the course of 
its circulation to a larger amount, notwithstanding such 
alteration. 

Sec 11. Be it further enacted, That the said corpo- 
' , „ ^ ration, from and after the first day of June next, shall 

Shall pay tax , p ^ . •' n % • r-, 

to theTreas- P^y? by Way 01 a tax, to the treasurer or this Common- 
urer. wealth, for the use of the same, within ten days after each 

semi-annual dividend, the half of one per cent on the 
amount of the original stock, which shall at the time of 
said dividend have been actually paid in ; Provided how- 
Proviso. ever, That the same tax, payable in manner aforesaid, shall 
be required by the legislature of all banks that are now, or 
shall be hereafter incorporated within this Commonwealth : 
And provided further. That nothing herein contained shall 
be construed to impair thfe rights of the legislature, to lay 
a tax or excise on any bank already incorporated under the 
authority of this Commonwealth, whenever they may think 
proper so to do. 

Sec. 12. Be it further enacted. That one tenth part of 

be approprU ^^'^ wholc fuuds of said Bank, shall always be appropriat- 

ated to loans ed to loans to be made to citizens of this Commonwealth ; 

and wherein the Directors shall wholly and exclusively 

regard the agricultural and manufacturing interest ; which 



DEDHAM MAN. COMP. Feb. 4, 1814. ^^^ 

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 Security, 
a mortgage of real estate, to the satisfaction of the Direct- 
ors of the said Bank, for a term not less than one year, and 
on condition of paying the interest annually on such loans, 
subject to such forfeitures and rights of redemption, as are 
by law provided in other cases. 

[Approved by the Governor, February 4, 1814.] 



CHAP. XCI. 

An Act to establish The Dedham Manufacturing Com- 
pany. 

Sec 1. -De it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the p 
authority of the same^ That Samuel Dexter, David S. corporate^. 
Greenough, Aaron Davis, Charles Davis, John Grew, 
James Richardson, and John Guild, together with such 
other persons as may hereafter associate with them, their 
successors and assigns, be, and hereby are made a Corpo- 
ration, by the name of The Dedham Manufacturing Com- 
pany, for the purpose of manufacturing wool, cotton and 
iron, in the town of Dedham, in the county of Norfolk ; 
and for this purpose shall have all the powers and privi- 
leges, 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 de- 
fining 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 *gjj^n^ pgj., 
the value of one hundred thousand dollars, and such per- sonai estate, 
sonal estate, not exceeding the value of four hundred 
thousand dollars, as may be necessary and convenient for 
establishing and carrying on the manufactory of wool, cot- 
ton and iron, in the town of Dedham aforesaid. \ 
[Approved by the Governor, February 4, 1814.] 

1ft 



Town incor- 



^40 SEARSMONT. I'eL 4, 1814 



CHAP. XCII. 

An Act to establish the Town of Searsmont, in the County 
of Hancock. 

Sec. 1. X^E it enacted by the Senate and House of 
Representativefi, in General Court assembled^ and by the 
authority of the same, That the })lantation, known by the 
name oi Searsmont, in the county of Hancock, as con- 
tained within the following described bounds, with the 
inhabitants thereon, be, and hereby is established as a town 
/)orTte(i',"and by the name of Searsmont, viz. at a birch tree and stake 
bonndUries. and stones in the northwesterly line of Lincolnville ; thence 
running south fifty-six degrees west, on said line four 
miles and one hundred and ten rods to a beech tree, be- 
ing the northwest corner of said Lincolnville, and stand- 
ing in the easterly line of the twenty associates' land ; 
thence north thirty-four degrees west, on said line of said 
twenty associates, six miles and two hundred and sixteen 
rods to a stake and stones, at an angle in said line called 
the Elbow ; thenc6 north, thirty-four degrees east, on said 
twenty associates' line, five miles and two hundred and 
fourteen rods to a stake and stones ; thence south, thirty- 
four degrees east, adjoining land of Samuel Parkman, 
Esq. three hundred and ten rods to a stake and stones ; 
thence south, twenty-six degrees east, on land of Benjamin 
Joy, Esq. eight miles to the place of beginning : And the 
inhabitants of said town of Searsmont are hereby vested 
with all the powers and privileges, and shall also be sub- 
ject to all the duties and requisitions of other corporate 
towns, according to the constitution and laws of this Com- 
monwealth, 
jiigfiee to is- Sec. 2. Be it further enacted. That any Justice of the 
ueWairant. p^ace for the county of Hancock is hereby empowered, 
on application therefor, to issue a warrant directed to an 
inhabitant, freeholder of ihe said town of Searsmont, re- 
quiring him to notify and warn the inhabitants thereof, to 
mett at such convenient time and place, as shall be ap- 
pointed in the said warrant for the choice of such officers, 
as towns are by law required to choose and appoint, at 
their annual town meetings. 

[Approved by the Governor, February 5, 1814] 



BLOOMFIELD. Feb.5,l8U. 341, 



CHAP. XCIII. 

An Act in addition to the several acts establishins^ and 
rci^ulating The Third Mabsachusetts Turnpike Corpo- 
ration. 



B 



'E it enacted by the Senate and House of 
Jlepresentatives in General Court assembled, and by the 
authority of the same. That the Third Massachusetts 
Turnpike Corporation be, and they hereby are author- 
ised to demand and receive of each passenger at each gate 
erected on said Turnpike road, for every waggon, cart or 
truck, drawn by one horse, six cents and one quarter of a ^'^'° ^^ 
cent, and for every sleigh, or sled, drawn by one horse, 
five cents : Provided however, that nothing herein con- Proviw. 
taincd, shall extend to entitle said Corporation to demand 
or receive toll from any person passing to or from his 
usual place of public worship, or from any person residing 
in the towns where either of the gates may be placed, un- 
less they are going or returning from beyond the limits 
of said town, or from any person going to or from any 
grist-mill, or on the common and ordinary business of 
family concerns. 

[Approved by the Governor, February 5, 1814.] 



CHAP. XCIV. 

An Act to divide the town ©f Canaan, and to establish the 
westerly part thereof a separate town, by the name of 
Bloomfield. 

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 
Canaan, lying west of Kennebeck river, in the county of 
Somerset, as described by the following bounds, be, and 
hereby is established as a separate town, by the name ofT«wn incor- 
Bloomfield, viz. Easterly by a line drawn on the middle E^ftj? 1"*^ 
oi Kennebeck river, including all the islands belonging to 



342 BLOOMFIELD. Feb. 5, 1814. 

the jurisdiction of the town of Canaan by its act of in- 
corporation, (exceptingOaks' Island) a.nd northerly, west- 
erly and southerly by its present bounds ; and the inhabi- 
tants of the said town of Bloomfield are hereby vested 
with all the powers and privileges, and shall also be sub- 
ject to all the duties and requisitions of other corpoiate 
towns, according to the constitution and laws of this Com- 
monwealth. 

Sec 2. Be it further enacted^ That the inhabitants of 
Moiden to the Said town of Bloomfield shall be holden to pay the ar- 
pay arrears rears of all State, Couniv and Town taxes, which have 
been legally assessed upon them, together with their pro- 
portion of all debts due from the said town of Cmiaan, 
, prior to the date of this act ; and the said town of Bloom- 
field shall be entitled to receive their proportion of the 
said debts and taxes due t© the said town, when collected 
Entitled to ^^^ P^id into Said town ; and the said town of Bloomfield 
pvoportionof shall be entitled to hold four seventh parts of all the per- 
sonat" propi soual property, belonging to the town of Canaan, before 
erty. the passing of this act, and all future State and County 

taxes, which may be levied on the said towns of Canaan 
and Bloomfield, previous to a new valuation, shall be as- 
sessed, and paid in the proportion of four sevenths by the 
town of Bloomfield, and three sevenths by the town of 
Canaan. 

Sec 3. Be it further enacted^ That the ministerial 
sliinisteriai properly belonging to the said town of Canaan, shall be 
«-^ded^*^^ ^^' ^i^i^^^ ^"^ proportioned betv^^een the said towns of Ca- 
naan and Bloomfield, according to the last ministerial tax 
assessed upon the said town of Canaan. 

Sec. 4. Be it further enacted^ That the said town of 
To support Bloomfield shall be holden to support their proportion of 
poor. the poor of the town of Canaan, which are now chargea- 

ble to said town ; which proportion shall be ascertained 
by the present valuation of the town ; and all persons, 
who may hereafter become chargeable as paupers to the 
said towns of Canaan or Bloomfield, shall be considered 
as belonging to that town, or the territory of which they 
had their settlement at the time of the passing of this act, 
and shall in future be chargeable to that town only. 

Sec 5. Be it further enacted^ That any Justice of the 

Justice to is- Peace for the county of Somerset, is hereby empowered, 

' Upon application therefor, to issue a warrant, directed to a 



PHTLLIPSTON.— BELMONT. ^eb. 5, 1814. 343 

freehold inhabitant of the said town of Bloomfield, requir- 
ing: him to notify and warn the inhabitants thereof, quali- 
fied to vote in town affairs, to meet at such convenient 
time and place as sliali be appointed in the said warrant, for 
the choice of such officers, as towns are by law required 
tochciose and appoint, at their annual town meetings. 
[Approved by the Governor, February 5, 1814.] 



CHAP. XCV. 

An Act to alter the name of the town of Gerry, in the 
county of Worcester. 



B 



'E it enacted by the Senate and Hous'e of 
Bepresentatwes, in General Court assembled^ and by the 
authority of the same^ That the name of the town of Gerry, 
in die couiity of Worcester, be, and the same hereby is town altered 
altered to the name of Phillipston ; and that said town 
shall henceforth be known and called by the said last men- 
tioned name, any thing in the act whereby the said town 
was incorporated notwithstanding. 

[Approved by the Governor, February 5, 1814.] 



CHAP. XCVI. 

An Act to establish the easterly part of the Plantation, 
heretofore called Green, in the county of Hancock, as 
a town, by the name of Belmont. 

Sec. 1. J3E it enacted by the Senate and House of 
Bepresentatives, in General Court assembled^ and by the 
tiuthority of the same, That all that part of the plantation, 
heretofore known by the name of Green, in the county of 
Hancock, as contained within the following described 
bounds, be, and the same is hereby established as a town, Tcwa mco; 
by the name of Belmont, viz. beginning at a yellow birch p»rated, 
tree, being at the southwesterly corner of the town of BeK 
fast ; thence north, tvventy-tv;o degrees nest, by the line 
of said Belfast, four miles and two hundred and ninety- tw« 



344 BELMONT. Feb. 5, 1814. 

rods, to a maple tr'ee, being the northwesterly corner of 
Belfast aforesaid ; thence continuing the same course by 
unincorporated lands, two miles and one hundred and se- 
ven rods, to a stake and stones ; thence north, eighty-three 
degrees west, by the plantation of Knox, two miles and 
one hundred and twenty rods, to a stake and stones, in the 
line of Montville ; thence south, thirty -four degrees west, 
by the line of Montville, one mile and one hundred and 
, . ninelv-eitrhl rods, to a stake and stones, beinar the north 

Boundaries "^ ? o l i i • r i 

described. Corner of Scarsmont ; thence south, thirty-tour degrees 
east, by the line of Searsmont, three hundred and ten rods, 
to a stake and stones ; thence south, twenty-six degrees 
east, by the line of said Searsmont, eight miles, to a birch 
tree, in the line of Lincolnville ; thence north, fifty-six 
degrees east, by the line of Lincolnville, one mile and two 
hundred and seventy-five rods, to a stake and stones, in the 
line of Northport ; thence northwest, by the line of North- 
porr, eighty-two rods, to a stake and stones ; thence north, 
fitty-six degrees east, by the line of said Northport, one 
mile and forty-five rods, to the place of beginning. And 
the inhabitants of the said town of Belmont are hereby 
vested with all the powers and privileges, and shall also 
be subject to all the duties and requisitions of other cor- 
porate 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 empowered. 

Justice to is- upon application therefor, to issue a warrant, directed to a 
^ '^ • freehold inhabitant of the said town of Belmont, requiring 
him to notify and warn the inhabitants thereof, qualified to 
vote m town affairs, to meet at such convenient time and. 
place as shall be expressed in said warraiu, for the choice 
of such town officers, as towns are by law empowered to 
choose and appoint at their annual town meetings. 
[Approved by the Governor February 5, 1814.] 



PRISONERS.— WELLFLEKT. Feb. 7, 1814 345* 



CHAP. XCVII. 

An Act, declaring the true intent and meaning of an act, 
entitled " An act to provide for the safe kepingall pris- 
oners committed under the authority of the United States 
in the several gaols 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^ Tl\at nothing contained in an act, 
entitled '* An act to provide for the safe keeping all pris- Expianatioh 
oners, committed under the authority of the United States, ** 
in the several gaols within this Commonwealth," shall be 
so construed, as to authorise the keepers of the said ij;aols 
to take custody of, and keep within said gaols any prison- 
ers, committed by any other authority than the Judicial 
authority of the United States. 

And whereas, several prisoners of war have been com- 
mitted to gaols within this Commonwealth, under the 
executive authority of the United States : 

Sec. 2. Be it further enacted^ That the keepers of the 
said ijaolsare hereby authorised and required to dischare;e To discharge 

c '^ . . 1 I • 11 1 • n r 1 prisoners ot 

irom the smd gaols all such prisoners oi war, alter the ex- ^v^r. 
piration of thirty days from the passing of this act, unless 
they shall be sooner discharged by the authority of the 
United States. 

[Approved by the Governor, February 7, 1814.] 



CHAP. XCVIII. 

An Act, in addition to the several laws now in force, to 
preserve and regulate the taking of Shell Fish in the 
town of Wellfleet, in the county of Barnstable. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives^ in General Court assembledy and by the 
authority of the same^ That from and after the passing of 
this act, no fisherman or other person, not an inJiabitantof 
said town, shall ta^Le or carry away, at any one time, more^ 



346 SECOND PEMBROKE FACTORY. Feb, 10, 1814. 



Proviso. 



^ t^^fi"h°* • h *^^^" ^^^ bushel of clams or quahogs, including their shel! , 
out*a permit. Without a permit first obtained from the selectmen in writ- 
ing, expressing the name of the person and the quantity- 
permitted to be taken ; and every person so offending 
shall forfeit and pay, for every bushel so taken, the sum 
of one dollar, any thing in the act to which this is in addi- 
tion to the contrary notwithstanding : Provided neverthe- 
lesSy That the selectmen, or the major part of them for the 
time being, shall have power to give permits in writing 
to any person, to take clams and quahogs in said town of 
Wellfleet, at such times and in such quantities as ihey may 
think reasonable, and express in their permits: Provided 
also, That any inhabitant of said town of Wellfleet, with- 
out such permit, shall have a right to take shellfish for the 
use of his family. 

Sec 2. Be it further enacted. That all fines and for- 
feitures, which may be incurred by force and virtue of 
this act, shall enure, one half to him or them who may sue 
for the same, and the other half to the said town of Well- 
fleet; and the same shall be recovered, with legal costs of 
suit in an action of debt, before any Justice of the Peace 
for the county of Barnstable not interested therein. 

Sec 3. Be it further enacted. That nothing in this act 
shall be so construed, as to prevent the inhabitants of the 
town of Eastham from taking any quantity of shell fish, 
at any time, in the same way and manner as though this 
act had never been made. 

[Approved by the Governor, February 10, 1814.] 



Pines and 
forfeitures', 



May take 
fish for their 



CHAP. XCIX. 



I'ersons in- 
corporated. 



An Act to establish The Second Pembroke Woollen and 
Cotton Factory Company. 

Sec 1. Jl3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That Nathaniel Cushing, Charles 
Josselyn, Nathaniel Soper, Joseph Torrey, Charles Cush- 
ing, and Cornelius Cobb, with such persons as already 
have, or hereafter may associate with them, their succes- 
sore and assigns, shall be, aud hereby are made a corpo- 



BANK BY-LAWS. Feb. 10, 1814 347 

ration, by the name of The Second Pembroke Woollen 
ai)cl Cotton Factory Company, for the purpose of manu- 
facturing cotton and woollen yarn and cloth, in the town 
of Ptnibtuke, with the business necessarily connected 
therewith ; and for such purpose shall have all the powers 
and |)riviieges, and be subject to all the duties and require- 
ments contained in an act, entitled " An act defining the 
gent ral powers and duties of ManufacturingCorporations." 
Sec. 2. Be it further enacted^ That said corporation may 
be lau'fuily seized and possessed of real estate, not exceed- May hold re- 
ing tiiirty thousand dollars, and personal estate, not ex- ai and per- 
ceeding one hundred thousand dollars, as may be neces- 
sary for the purposes aforesaid. 

[Approved by the Governor, February 10, 18 14. J 



CHAP. C. 

An Act empowering the Stockholders of Banks within 
this Commonwealth, to alter, amend, and anniil their 
By-Laws. 



sonai estate. 



lE 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 and may be lawful for the Stockholders of 
any Bank within this Commonwealth, and thev are hereby „ , 

1 • J 1 ^ - 1 ! II 1 p Banks em- 

authorised and empowered, at any meeting duly called for powered to 
the purpose, by a majority of votes, to alter, amend, and ^^^^^ o'" ?- 
annul any article or articles of the by-laws of such Bank, by-laws/"^ 
and to substitute, make and ordain such other article or 
articles, as shall by them be deemed reasonable and expe- 
dient ; which article or articles so substituted, made and 
ordained, and entered upon the books of the Corporation, 
shall be binding on the stockholders, their successors and 
assigns, in as full and ample manner, as if the same had 
been originally established by such stockholders, at their 
first meeting : Provided, tlKi same be not repugnant to the Proviso, 
fundamental principles of the charter of such Bank, or to 
the laws of this Commonwealth. 

[Approved by the Governor, February 10, 1814.] 

17 



54t 



RECORDS.— BAPTIST SOCIETY. Feb.lOyUU 



CHAP. CI. 

An Act in addition to " An act providin,^ 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 in this Commonwealth." 

-De it enacted by the Senate and House of 
JRepresentatives^ in General Court assembled^ and by the 
authority of the same^ That the further lime of two years, 
from the twenty-eighth day of February, eighteen hundred 
furihertime and fourteen, be allowed the several Courts of Sessions in 
allowed. this Commonwealth to provide buildings for the safe 
keeping of Records in the several counties, any law to the 
contrary notwithstanding. 

[Approved by the Governor, February 10, 1814.] 



I'ersons in- 
corporated. 



CHAP. CII. 

An Act to incorporate the First Baptist Society in the 
towns of Steuben and Harrmgton, and Plantation num- 
ber eleven, in the county of Washington. 

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 Small, Alexander 
Nickels, Joseph Wallace, Jun. James Campbell, William 
McKey, Ezekiel Fickett, Richard Collin, Jun. John Pat- 
ten, Joseph Ray, Benjamin AUine, Richard Collier, Wil- 
liam Ray, Jeremiah Strout, Ephraim Fickett, J^mes Fos- 
ter, Ezekiel F. Kellogg, Charles Wille, William Wille, 
Gowin Willson, John Lawrence, Ephraim Dorman, Zeb- 
ulon Fickett, Benjamin Strout, John Dinsmore, Jun. John 
Jordan, John Archer, David Brown, William Campbell, 
Samuel W^ikefield, Robert Moore, Joseph Hutchings, 
Lemuel Dyer, Joseph Sawyer, Nathaniel Jordan, Benja- 
min Wakefield, Jonathan Stevens, sen. Thomas Parrit, 
James Yeatton, Hatevil Leighton, Ebenezer Down, Dan- 
iel Lovett, Benjamin Sanborn, Job Gibbs, Ichabod God- 



BAPTIST SOCIETY. Feb. 10, 1814. 349 

frey, Marshall Hill, Obed Hutchings, Edward Webb, 
Daiiifl Wakefield, Peter Dunbar, Obed Dunbar, Samuel 
Dorman, James Kingslcy, Joseph Stevens, Samuel Par- 
rett, John Yeaton, Asa Dyer, Jonathan Leighton, Levi 
Parrett, Alexander Pribble, Allen Smith, Israel Leighton, 
Samuel Stevens, Charles Corthell, Robert Tucker, Samuel 
Kiugsley, Timothy Small, Isaac C. Noyse, John Small, 
Nathaniel Wilson, James Fickett, Ephraim Dorman, Na- 
than Godfrey, Benjamin Dorman, John Hanna, Josiah 
Wallace, John Ray, Josiah Sawyer, James Wallace, Fran- 
cis S. Grace, Joseph Strout, Tobias Patten, Elisha Strout 
and Amaziah Ricker, with their families and estates, be, 
and they are hereby incorporated into a Religious Society, 
by the name of the First Baptist Society in the towns of 
Steuben and Harrington, and plantation number elever», 
in the county of Washington, with all the powers, privi- 
leges and immunities, to which parishes are entitled by 
the constitution and laws of this Commonwealth. 

Sec 2. Be it further enacted^ That any person in the 
towns of Steuben, or Harringtton, or Plantation number 
eleven, who may be desirous of becoming a member of 
the said First Baptist Society, and shall declare such inten- Method of 
tion in writing, given into the clerk of the said First Soci- nfemb'erf 
ety, fifteen days previous to the annual parish meeting, and 
shall receive a certificate signed by the said clerk, or the 
minister of said First Society, that he or she has actu- 
ally become a member of, and united in religious worship 
with the said First Society, such person shall, from the 
date of such certificate, with his or her polls and estate, be 
considered as a member of said society. 

Sec 3. Be it further enacted^ That when any member 
of the said First Baptist Society shall see cause to leave ?^^".""' °^ 
the same, and to unite in religious worship with any other 
religious society in either of the said towns or plantation, 
and shall give notice of such intention to the clerk of said 
First Society, and shall also give in his or her name to the 
clerk of such other society, fifteen days previous to the 
annual meeting of said society, and shall have received a 
certificate of membership, signed by the minister or clerk 
of said society, such person shall, from the date of such 
certificate, with his or her polls and estates, be considered 
as a member of said society : Provided however^ that eve- proviso. 
ry such person shall always be held to pay his or her pro- 



350 MERRIMACK BRIDGE. Feb. 10, 1814. 

portion of all such parish charges in the society to which 
such person belonged, assessed and not paid previous to 
the leaving said society. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace for the county of Wiishington, upon application 
Justice to is- therefor, is hereby authorised to issue his warrant to some 
sue warrant, member of the said First Baptist Society, requiring him 
to notify and warn the members thereof to meet at such 
convenient time and place as shall be appointed in said 
warrant, to choose such officers as parishes are by law cm- 
powered and required to choose at their annual meetings. 
[Approved by the Governor, February 10, 1814.J 



CHAP. cm. 

An Act in further addition to the several acts for incorpo- 
rating certain persons for the purpose of building a 
Bridge over Merrimack river, in the county of Essex, 
and for supporting the same. 

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 be lawful for the pro- 

Hm^owered prietors of Essex Merrimack Bridge, and they are hereby 

leaves^ empowered to make the leaves of the draw of said bridge 
not less than eighteen feet long, instead of thirty feet as 
heretofore provided. 

Sec 2. Be it further enacted. That the toll of each 
waggon, cart, or other carriage of burthen, drawn by four 

Rates of toll, beasts, passing said bridge, shall be twenty-five cents, any 
thing in the act or acts to which this is in addition to the 

... ,-,Q contrary notwithstanding : Provided however^ that all 
carts, waggons, or other carriages of burthen, employed 
in transporting country produce going to or from the mar- 
ket, sivall pay no more toll than they are now liable by lavr 
to pay. 

[Approved by the Governor, February 10, 1814.] 



CHARITABLE SOCIETY. Feb, 10, 1814. 351 



CHAP. CIV. 

An Act to incorporate The Religious Charitable Society 
in the county of VVorcester. 



Wi 



HEREAS Samuel Austin and others 
have been associated, under the name of I'he Religious 
Charitable Seciety in the county of Worcester, for the pur- I'reamble, 
pose of aiding indigent young men of piety and talents to 
procure an education for the gospel ministry, of contribu- 
ting to the funds of the American Board of Commission- 
ers for Foreign Missions, and of asbisting feeble churches 
and societies to maintain among them the preaching and 
institutions of the gospel: Therefore, 

Sec 1. Be it enacted by the Seriate and House of Rep- 
resentatives^ in General Court assembled, and by the author- 
ity of the same, That the Rev. Samuel Austin, D. D. of 
Worcester, the Rev. John Crane, D D. of Northbridge, Person!? in. 
Col. Andrew Peters of Westborough, ^ahum Fay, fLsq. c^'P"^'^^^^- 
of Northborough, the Rev. Edmund Mills of Sutton, Rev. 
Joseph Goff of Milbury, Rev. David Holman of Douglas, 
the Rev. Samuel Judson of Uxbridge, Aaron Peirce, Esq. 
of Milbury, and James Easterbrooks, Esq. of Holden, and 
their associates, be, and they hereby are incorporated and 
made a body politic, by the name of The Religious Cha- 
riatable Society in the county of Worcester; for the pur- 
poses stated in the preamble of this act ; and by that 
name the said corporation may sue and be sued, plead and 
be impleaded, and may appear, defend, and prosecute to ^o^^^"- 
final judgment and execution ; and in their said corpo- 
rate capacity, they and their successors forever may take, 
purchase, receive, have and hold, in fee simple or otherwise, 
lands, tenements, and hereditaments, by gift, grant, devise, 
or otherwise, not exceeding the yearly value of four thou- 
sand dollars ; and may also take and hold by donation, 
bequest, or otherwise, personal estate to an amount, the 
annual income of which shall not exceed six thousand 
dollars : Provided the income of said Corporation shall be pro^£s&. 
faithfully appropriated to the purposes aforesaid. And 
said corporation may have a common seal, which they may 
alter or renew at pleasure ; and may sell, exchange, or 



352 



CHARITABLE SOCIETY. 



Feb, 10, 1814. 



Empowered 
to elect offi- 



Meeting's of 
corporation. 



By-laws, 
Rules, he 



Contracts 
and deeds. 



Legislature 
may inspect 
doings. 



lease their lands, tenements, or other property, for the be- 
nefit of their funds. 

Sec. 2. Be it further enacted^ That said corporation 
may annually choose, from among themselves, by ballot, 
a President, Vice President, Secretary, Treasurer, Audi- 
tor, a Board of Directors, and such other officers, as ex- 
perience may prove to be useful. The Board of Direct- 
ors shall consist of nine members, to which board the Pre- 
sident, Vice President, Secretary and Treasurer shall be- 
long, by virtue of their office, and any five of said board 
shall constitute a quorum for doing business. The said 
treasurer shall give bond, with sufficient sureties, to be 
approved by said board, for the faidiful discharge of the 
duties of his office. 

Sec 3. Be it further enacted. That there shall be an 
annual meeting of said corporation, at which the officers 
shall be chosen, the accounts of the treasurer exhibited, 
and such other business transacted, as may properly come 
before said meeting. The first annual meeting shall be 
on the third Wednesday of September next, at such place 
as the said Samuel Austin, John Crane, and Andrew Pe- 
ters, or any two of them, shall appoint, by causing a no- 
tification thereof to be published in the Massachusetts Spy, 
printed at Worcester, at least ten days before said meeting. 

Sec 4. Be it further enacted. That said Corporation 
shall have power to make such by-laws and regulations, 
for calling meetings of the corporation and of the Board of 
Directors, appointing the duties of officers, fixing the terms 
of the admission of members, and transacting the business 
of said corporation generally : Provided, That said by-laws 
shall not be repugnant to the laws and constitution of this 
Commonwealth. 

Sec 5. Be it further enacted. That all contracts and 
deeds, which the said corporation may lawfully make and 
execute, signed by the President, countersigned by the 
Secretary, and sealed with the common seal of said corpo- 
ration, shall be valid in law to all intents and purposes. 

Sec 6. Be it further enacted. That the Legislature of 
this Commonwealth shall, at any time, have the right to 
inspect the doings and funds of said corporation, and may, 
at their pleasure, alter or annul any or all of the powers 
herein granted. 

[Approved by the Governor, February 10, 1814.] 



QUINCY. Feb, 10, 1814. 358 



CHAP. CV. 

An Act in addition to an act, entitled ** An act for incor- 
porating the North Precinct of the town of Braintree, 
in the cmmty of Suffolk, into a separate town, by the 
name of Quincy, and for annexing sundry inhabitants 
of ihe town of Dorchester, with their estates, to the said 
town of Quincy." 

• 

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 Benjamin VVadsworlh Glover, 
Willi hii tsiatf, lying on the southerly side of Neponset 
river, and within the limits of that part of the town of Dor- 
chester called Squantum, and the Farms, be, and he is set 
off from the town of Dorchester and annexed to the town 

of O il i n C V . Persons set 

/T" />•/»! 7 T"! f 1 ^^ from the 

oEc. 7. Beit further enacted, 1 hat all that tract of land, townofDor^ 
lying on the souiherl} side of Neponset river, and within Chester. 
the old line of the town of Dorchester, known by the name 
of Horse Hommock, containing about eight acres, and 
bounded northerly and westerly on land or marsh lately of 
Ebenezer Glover, deceased ; southerly and easterly, partlv 
on land late of Josiah Glover, deceased, and partly on land 
of Moses and Oliver Billings, and of Capt. Oliver Billings, 
together with all the inhabitants residing thereon, be, and 
they are hereby set off from the said tovvn of Dorchester and 
annexed to the town of Quincy, and shall forever hereafter 
be considered as belonging to the said town of Quincy. 

Sec. 3. Be it further enacted. That a tract of land call- 
ed Bayfield, containing about seventeen acres, bounded 
westerly on the road leading to Squantum, northerly^ on included in 
land of Benjamin Wadsworth Glover, easterly on the sea, t®^™ o|"i^«''-. 
and southerly on land of John Billings : also a tract of 
land called the further pasture, containing abom fourteen 
acres, bounded southerly on land of Ezra Glover, west- 
erly on land of Caleb Faxon, northerly and easterly on 
land of Oliver Billings ; also a tract of land containing 
about two acres, bounded westerly on a road leading to 
Billings' rocks, northerly, easterly and southerly on land 
of John Billings, lying on the southerly side of Neponsd. 



354 



HALLOWELL.— LYNN. 



Feb, 10, 1814. 



river, and within the limits of that part of the town of 
Dorchester, called Squantum and the Farms, being that 
part of the estate of Thomas Glover, late of Dorchebter, 
deceased, which was purchased by, and is now in the pos- 
session of Moses Billings and Oliver Billings, Jun. be, 
and the same are hereby considered as still annexed to 
the said town of Dorchester. 

[Approved by the Governor, February 10, 1814.] 



CHAP. CVI. 



An Act to alter the south line of Hallowell, in the county 
of Kennebeck. 



B 



E it enacted by the Senate and House of 
Bepresentatwes^ in General Court assembled^ and by the 
authority of the same^ That from and after the passing of 
this act, the south line of that part of tlie town of Hallo- 
well, ill the county of Kennebeck, which is situated on the 
west side of Kennebeck river, shall be established, fixed 
and known as follows, to wit : beginning at Kennebeck 
river, on the west side thereof, at a place where the old 
Bowman line, so called, which runs through great lot num- 
ber twenty, strikes the said river ; and thence running 
west northwest on said Bowman line, five miles ; and 
thence from the termination of said five miles, northerly 
on the rear end of said lot numbered twenty, to the pre- 
sent south line of Hallowell. 

[Approved by the Governor, February 10, 1814.] 



Persons in- 
coi'iJOialed. 



CHAP. CVII. 

An Act to incorporate The Lynn Wire 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 David Pratt, Ephraim Wes- 
ton, Joiin Hart, Jonathan Temple, Phineas Coburn, 



LINCOLN MANU. COMP. Feb. 10, 1814. 355 

Ephraim Weston, Jun. and such persons as may hereafter 
asbociate with them, their successors and assigns, be, and 
they hereby are made a corporation, by the name of The 
Lynn Wire Manufacturing Company, for the purpose of 
m II ufiicturing wire and wire work, wood screws and 
ca;ds, and also cotton and woollen cloth and yarn, in all 
their respective kinds and branches, in the town of Lynn, 
in the county of Essex ; and for these purposes shall have 
all the powers and privileges, and shall be subject to all the 
duties and iXquirements contained in an act, passed on the 
third day of March, in the year of our Lord one thousand 
ei;^ht hundred an 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 a/and pei'- 
thirty thousand dollars, and personal estate, not exceeding sonai estate. 
the value of sixty thou and dollars, for the purpose of es- 
tablishing and carrying on the manufactures aforesaid. 
[Approved by the Governor, February 10, 1814.] 



CHAP. CVIIL 

An Act to incorporate The Lincoln Cotton and Woollen 
Manufacturing Company. 

Sec 1. -OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That JohnGleason, Joseph Sprague, Persons in- 
Joshua Adams, Hezekiah Prince, MicajahGleason, George ^^"■■P^*"^'^^ • 
Coombs, John Paine, and Aaron Gleason, together with 
such others as have or may hereafter associate with them, 
their successors and assigns, be, and they are hereby made 
a corporation by the name of The Lincoln Cotton and 
Woollen Manufiicturing Company, for the purpose of 
manufacturing cotton and woollen cloth and yarn, in the 
town of Thomaston, in the county of Lincoln; and for 
the purpose aforesaid shall have all the powers and privi- 
leges, and be subject to all the duties and requirements 
contained in an act, passed the third day of March, in the 
year of our Lord one thousand eight hundred and nine, 
18 



$56 ' ADAMS MANU. COMP. Feb. 10, 181 4. 

entitled ** An act defining the general powers and du»ies 
of Manufacturing Corporations." 

Sec. 2. Be it Jurther enacted, That said Corporation 
Mayhoidre. niay be lawfully seized and possessed of such real estate, 
wnal' estate* ""^ exceeding the value of fifty thousand dollars, and suih 
personal estate, not exceeding one hundred thousand dol- 
lars, as may be necessary and convenient for carrying on 
the miniitaoture aforesaid. 

[Approved by the Governor, February 10, 1814.] 



CHAP. CIX. 

An Act to establish The Adams North Village Cotton 

Factory. 

Sec. 1. -De it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority oj the same, 'i hat George Whitman, Douglas 
FersftBs in- W. Sioiine, Daniel Noble, James Gumming, Anthony 
corporated. J^^vvards, Josiali Quincy Robinson, Jeremiah Colegroo, 
Moses Wolcott, Benjamin Lapham, George Lapham, 
Giles Tinker, Edward Richmond, Richard Knight, Lu- 
ther Bartlett, Daniel Reed and Marshal Jones, and such 
as already have, or may hereafter associate with them, 
their successors and assigns, be, and hereby are made a 
corporation by the name of The Adams North Village 
Cotton Factory, for the purpose of manufacturing cotton 
yarn and cloth, in the town of Adams, in the county of 
Berkshire ; and for that purpose shall have all the powers 
and privileges, and be subject to all the duties and require- 
ments contained in an act passed the third of March, in 
the year of our Lord one thousand eight hundred and nine, 
entitled " An act defining the general powers and duties 
of Manufacturing Corporations." 

Sec 2. Be it further enacted, That said Corporation 
Miv hold may be lawfully seized and possessed of such real estate, 
re 1 and per- j^q^ excccding the valuc of sixty thousand dollars, and such 
' personal estate, not exceeding one hundred thousand dol- 
lars, as may be necessary and convenient for carrying on 
the manufacture aforesaid. 

[Approved by the Governor, February 10, 1814.] 



MATFIELD.— PEMBROKE. Feb. 10, 1814. S57 



CHAP. ex. 

All Act to establish The Matfield Manufacturing Com- 
pany. 

Sec. I. X^E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Jacob Dyer, Daniel Perry, Pergnns ih-^ 
Jonathan Steison, Oaks Tirrell, Isaac Tirrcll, Jun. WiU corporat«ilv 
liam Vinton, Abisha Stetson, Benjamin Bates, David F, 
Reynolds, Eleazer Keith, and Allen Whitman, together 
with such oiher persons as have, or may hereafter asso- 
ciate with them, their successors and assigns, be, and they 
hereby are made a corporation, by the name of The Mat- 
field Manufacturing Company, for the purpose of manu- 
facturing cotton and woollen goods in Bridgewater, in 
the county of Plymouth ; and for this purpose, shall have 
all the powers and privileges, and be subject to all the du- 
ties and requirements, contained in an act, passed the 
third day of March, in the year of our Lord one thousand 
eight hundred and nine, entitled "An act defining the 
general powers and duties of Manufacturing Corpora- 
tions.'' 

Sec 2. Be it further enacted^ That the said Corpo- 
raticn may lawfully be seized of such real estate, not ex- Mayhoidre- 
ceeding fifty thousand dollars, and such personal estate, ^^ ^"^1 per- 
not exceeding one hundred thousand dollars, as may be ^°"* tsiat*. 
necessary and convenient for establishing and carrying on 
the said manufactory. 

[Approved by the Governor, Ftbruar}^ 10, 1814.] 



CHAP. CXI. 

An Act to incorporate The Pembroke Cotton and Wool- 
len Manufactory. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Bailey Hall, Isaac Hatch, Persons in- 
William lioring, Jun. Samuel P. Barker, with such per- ^"'•P"'*^^"^ 



358 GERMAN PROTEST. SOCIETY. Feb. 12, 1814. 

sons as already have, or hereafter may associate with them, 
their successors and assigns, shall be, and hereby arc 
made a corporation by the name of The Pembroke Cot- 
ton and Wool Manufactory, for the purpose of manufac- 
turing cotton and woollen yarn and cloth, in the town of 
Pembroke, with the business necessarily connected there- 
with ; and for such purpose, shall have all the powers and 
privileges, and be subject to all the duties and require- 
ments, contained in an act, entitled " An act defining the 
general powers and duties of Manufacturing Corpora- 
tions." 

Sec 2. Be it further enacted^ That said Corporation 

.^^ may be lawfully seized and possessed of real estate, not 

ai and per- cxcecding thirty thousand dollars, and such personal estate, 

sonai estate, not exceeding one hundred thousand dollarb, as may be 

necessary for the purposes aforesaid. 

[Approved by the Governor, February 10, 1814.] 



CHAP. CXII. 

An Act to authorise the sale of certain lands belonging to 
the German Protestant Society in Waldoborough. 

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 German Protestant Soci- 
Authorlsed ^^V ^" VValdoborough, in the county of I .incoln, be, and 
to sBiUands. they hereby are authorised to sell and convey, by such 
committee as they may appoint for that purpose, all the land 
situate in said Waldoborough, now belonging to said soci- 
ety, which was granted by the original proprietors of said 
tovi-n for the use of said society for the support of the gos- 
pel ; and the sale, and conveyance of sard land, which 
shall be made pursuant to a vote of said society, by such 
committee, shall be valid and effectual to all intents and 
purposes. 

Sec. 2. Be it further enacted, That the proceeds of 

Interest.how ^^^ Sale, which shall be made as aforesaid, shall be appro- 

appUed. priated to the purpose of finishing and completing the 

meeting-house lately erected by the said society, and the 

surplus, if any there be, shall be put out at interest, on 



HARVARD COL.— S. BERWICK. Feb. 12, 1814. -^59 

good and sufficient security, and preserved as a permanent 
fund for the use of said society ; the income whereof shall 
be ;'.pplied liereafter, as may be necessary for the repairs of 
said house, or rebuilding a meeting-house for said soci- 
ety, and for no other purpose whatever. 

[Approved by the Governor, February 12, 1814.] 



CHAP. CXIII. 

An Act to enlarge the power of the President and Fel- 
lows of Harvard College, of holding real estate. 

X)E it enacted by the Senate and House of 
Representatives^ in General Court asssembled^ and by the 
authority of the same ^ That the President and Fellows of 
Harvard Colle2:e, and their successors in said offices, be, ^ayholdre- 
and they hereby are authorised to purchase, accept, take 
and hold lands, tenements, and hereditaments, within this 
Commonwealth, to the clear yearly value of twelve thou- 
sand dollars, in addition to what they now are by law au- 
thorised to hold, and in addition to the public buildings 
of the said University occupied by the students, and for 
•ther public purposes. 

[Approved by the Governor, February 12, 1814.] 



CHAP. CXIV. 

An Act to incorporate the South Parish in the town of 
Berwick into a separate town, by the name of South 
Berwick. 

Sec 1. XjE it enacted hy the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same. That all the lands comprised with- 
in the limits of the South Parish in the town of Berwick, 
in the county of York, as the same is now bounded, with 
all the inhabitants dwelling thereon, be, and they hereby are Y"^'* i»c»i' 
incorporated into a town,'by the name of South Berwick ; P*^^"*'^*^' 
and vested with all the powers, privileges^ and immuni- 



S6e SOUTH BERWICK. Feb, 12, 1814r 

ties, and subject to all the duties and requirements of other 
incorporated towns, agreeably to the constitution and laws 
of this Commonwealth. 

Sec. 2. Be it further enacted^ That the inhabitants of the 
Moiden to town of South Berwick shall be holden to pay all the arrears 
pay aritars ^ftaxes, vvhich have been assessed upon them by the town 
of Berwick ; and shall also support and maintain all such 
persons as heretofore have been, now are, or hereafter may 
be inhabitants of that part of Berwick hereby incorporated, 
and are or may become chargeable, according to the laws 
of this Commonwealth, and who have not obtained a set- 
tlement elsewhere therein. 

Sec 3. Be it further enacted^ That the inhabitants of 
said town of South Berwick shall be entitled to receive and 
Enthied to hold such proportion of all debts now due, and assessments 
P;^^P^„7^"// already voted to the said town of Berwick, and also such 
sonai prop- proportion of al! the real and personal property of the town 
*^^^* of Berwick, of what kind soever it may be, now owned 

in common by the inhabitants of said town, as the proper- 
ty of the inhabitants of South Berwick bears to the pro- 
perty of all the inhabitants of the said town of Berwick, 
according to the last valuation thereof; and they shall also 
be holden to pay their proportion, to be ascertained as 
aforesaid, of all the debts now due and owing from the 
said town of Berwick. 

Sec 4. Be it further enacted^ That in case the divid- 
Dlvlding Ihie j^^ jj^^^ between the said town of South Berwick and the 
said town of Berwick should happen to divide the farms 
of any of the inhabitants of either of said towns, the said 
inhabitants shall be taxed for the whole of their home farm 
in that town only, where they may respectively dwell. 

Sec 5. Be it further enacted^ That any Justice of the 

Peace for the county of York, upon application therefor. 

Justice to IS- -g herebv authorised to issue his warrant, directed to any 

sue warrant. , , , / . . , p o i r» • i • • i • 

freeholder m said town or South Berwick, requiring him 
to notify and warn the inhabitants thereof to meet at such 
time and place, as may be appointed in said warrant, for 
the choice of all such town officers, as towns are by la\\r 
required to choose at their annual town meeiings. 
[Approved by the Governor, February 12, 1814.] 



BREWSTER.— HAMPDEN. Feb. 12, 1814. 361 



CHAP. CXV. 

An Act in addition to an act, entitled *' An act to prevent 
the destruction, and to regulate the catching of the fish 
called Ale wives, in their passage up the rivers and. 
streams in the town of Harwich, in the county of Barns- 
table," passed the fourth day of July, 1787; and also 
of another act, in addition thereto, passed the sixteenth 
day of June, 1813. 



B 



•E 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 fourth day 
of July, seventeen hundred and eighty -seven, entitled 
" An act to prevent the destruction of the fish called 
Alewives, in their passage up the rivers and streams 
in the town of Harwich, in the county of Barnstable," 
ai5d also of iinothcr act, in addition thereto, passed the 
sixteenth day of June, eighteen hundred and thirteen, 
be, and both the said acts are extended to operate, ^^f^^^thep 
and shall have effect over all the streams in the town of town. 
Brewster ; and all the regulations, provisions, privileges, 
limitations, and restrictions, contained in the said act 
to which this is in addition, so far as they may be ap- 
plicable to the intents and purposes of this act, shall be 
used and exercised, and the benefits thereof enjoyed, by 
the inhabitants of the said town of Brewster, as fully and 
completely, as if the said town of Brewster had not been 
separated from the said town of Harwich ; and this act 
shall be deemed and taken to be supplementary to the said 
act before mentioned. 

[Approved by the Governor, February 12, 1814.] 



CHAP. CXVI. 

An Act, appointing the places for holding the Courts of 
Probate, in the county of Hampden. 

J3e it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the mme. That from and after the passing of 



362 LINUM SPINNER COMPANY. Feb.1'2, 1814. 

this act, the Court of Probate for the county of H'ampden 
shall be held in the following towns, to wit : in Sprinj^- 
Tlmesand field, six times in each year ; in Wcbtfield, three tinjeh in 
din? eourt!' ^^^^^ y^^^ ' ^" Blandford, twice in each year ; and in Mon- 
son, twice in each year, at such times and places in said 
towns, as the Judge of Probate for said county shall, from 
time to come, appoint ; any law, usage, or custom lo the 
contrary not\vithstanding. 

[Approved by the Governor, February 12, 1814.] 



CHAP. CXVII. 

An Act to incorporate The Linum Spinner Company* 

Sec 1. XjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
Persons in- outhority of the same^ That Sylvanus Baldwin, Elisha 
corporated. Town, Charles Bulkeley, Isaac P. Davis, Samuel Spear, 
Nathaniel Perry, and Ethan A. Greenwood, proprietors of 
the new improvement for spinning flax and hemp, and 
other articles, to which it may be adapted, called the Lin- 
um Spinner, invented by said Baldwin and Town, and se- 
cured to them, their heirs, executors, administrators, and 
assigns, by letters patent, together with such other persons 
w^ho have already, or may hereafter associate with them, 
their successors and assigns, shall be, and hereby are creat- 
ed a corporation, by the name of The Linum SpinnerCom- 
pany, for the purpose of spinning and manufacturing flax, 
hemp, and other articles, to which it may be adapted ; and 
for manufacturing and vending the machinery of said im- 
provements ; and for selling to others the right to make, 
use, and vend said machines, with the privileges of said 
patent, and any other patent which may be obtained for 
any further improvements that are, or may be ma^e in 
said Linum Spinner, and the machinery connected there- 
with : and by that name, and for these purposes, shall be, 
and hereby are made capable in law to sue and be sued, 
plead and be impleaded, defend and be defended in any 
Courts of record, or any other place whatsoever ; and shall 
have all the powers and privileges, and be subject to all 
the duties and requirements of an act, entitled " An act 



WATERVILLE BANK. Feb. 12, 1814. 

defining the general powers and duties of Manufacturing 
Corporations," passed the third day of March, one thou- 
sand eight hundred and nine. 

Sec. 2. Be it further enacted, T\\2iX. said corporation, 
for the purposes aforesaid, may lawfully hold and possess May hold re. 
real estate, at any place or places within this Common- sina"l«tatri 
wealth, not exceeding three, to the value ot fifty thousand 
dollars, and personal estate, to the amount of one hundred 
and fifty thousand dollars. 

Sec. 3. Be it further enacted^ That Ethan A. Green- 
wood, herein before mentioned, is hereby authorised to May call a 
call the first meeting of said corporation, at such time and meeungw 
place, within the town of Boston, as he may deem most t 
convenient, by giving each proprietor personal notice 
thereof in writing. 

[Approved by the Governor, February 12, 1814,] 



CHAP. CXVIII. 

An Act to incorporate the President, Directors, and Com- 
pany of the Waterville Bank. 

Sec 1. X3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That Asa Hedington, Thomas Rice, 
Jeremiah Fairfield, Nathaniel Gilman, James Stackpole, 
Jun. James Hasty, Judah Mc. Lellan, and Bryce Mc. Lei- corpomed. 
Ian, and their a-^sociates, successors, and assigns, shall be, 
and hereby are created a corporation, by the name of The 
President, Directors and Company of the Waterville B ink, 
and shall so continue until the first day of October, rime incor. 
which will be in the year of our Lord eighteen hun- poi^ited ibi-j 
dred and thirty-one : and by that name shall be, and here- 
by are made capable in law to sue and be sued, plead and 
be impleaded, defend and be defended, in any Courts of 
Record.. or in ajiy 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 regu- 
lations, as to them may appear necessary and convenient, 
for the government of the said corporation, and the pru- 
dent management of their affairs : Provided such by-laws, Proviso. 
19 



ZQi 



WATERVILLE BANK. 



^eb, 12, 1814. 



ordinances, and regulations shall, in no wise, be contrary 
to the constitution and laws of this Commonwealth ; and 
the said corporation shall be always subject to the rules, 
restrictions, limitations, and provisions iierein prescribed. 
Sec. 2. Be it further enacted. That the capital stock 
Amount of of thc Said Corporation shall consist of the sum of one hun- 
capjtai stock (]red thousand dollars, in gold and silver, divided into 
iLurL ^^ shares of one hundred dollars each, which shall be paid in 
at four equal instalments : the first, on the first day of Sep- 
tember next ; the second, on the first day of December 
next ; the third, on the first day of March, which will be 
in the year of our Lord eighteen hundred and fifteen ; and 
the fourth, on the first day of June next after, and as much 
sooner as the stockholders shall direct. And the stock- 
holders at their first meeting shall, by a majority of votes, 
determine the mode of transferring and disposing of said 
stock and the profits thereof, which, being entered in thc 
bsoks of said corporation, shall be binding ©n the stock- 
holders, their successors, and assigns. And the said cor- 
poration are hereby made capable in law to have, hold, 
purchase, receive, possess, and retain to them, their suc- 
cessors and assigns, lands, rents, tenements, and heredita- 
ments, to the amount of ten thousand dollars, and no more 
at any one time ; with power to bargain, sell, and dispose 
of the same, and to loan and negociate their monies and 
effects, by discounting on banking principles, on such se- 
Proviso. curity as they shall think advisable : Provided however^ 
that nothing herein contained shall restrain or prevent the 
said corporation from taking and holding real estate in 
mortgage or on execution, to any amount, as security for, 
or in payment of any debts due to the said corporation : 
And provided further, That no money shall be loaned, or 
discounts made, nor shall any bills or promissory notes be 
issued from said bank, until thc capital subscribed, and 
actually paid in, and existing in gold and silver in their 
vaults, shall amount to twenty-five thousand dollars. 

Sec 3. Be it further eiiacted. That the rules, reserva- 
tions, restrictions, limitations, and provisions, which are 
provided in and by the third section of an act, entitled 
** An act to incorporate the President, Directors and Com- 
pany of the State Bank," shall be binding on the bank 
PiovrtQ, hereby established : Provided only. That the bond requir- 
ed to be given by the Cashier, shall be in the penalty of 



WATERVILLE BANK. Feb. 12, 1814. 365 

ten thousand dollars ; and that the number of Directors to 
be annually chosen shall be seven, and four may consti- 
tute a qaoium for transaction of business: And provided "^^^^^ ""J/**^ 
also. That the amount of bills, at any one time issued by pg^'^^nt. ^^ 
said bank, shall not exceed fifty per cent beyond their cap- 
ital stock actually paid in. 

Sec 4. Be it'further enacted. That the said bank shall 
be established and kept in the town of VVatervillc. 

Sec 5. Be it further enacted, That any committee, 
specially appointed by the Legislature for the purpose, 
shall have a right to examine into the doings of said cor- Legislative 
poration, and shall have free access to all their books and committee 
vaults ; and if upon such an examination it shall be found, biyt^s^^^'"* 
and after a full hearing of said corporation thereon, be de- 
termined by the Legislature, that said corporation have 
exceeded the power herein granted ihcm, or tailed to com- 
ply with any of the rules, restrictions, and conditions in 
this act provided, their incorporation may thereupon be 
declared forfeited and void. 

Sec 6. Be it further enacted. That the persons herein 
before named, or any three of them, are authorised to call meeting, 
a meeting of the members and stockholders of said corpo- 
ration, as soon as may be, at such time and place as they 
may see fit, (by advertising the same for three weeks suc- 
cessively in the Herald of Liberty, printed at Augusta,) 
for the purpose of making, ordaining, and establishing 
such by-laws, ordinances, and regulations, for the orderly 
conducting of 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. Be it further enacted, That it shall be the duty 
of the Directors of said bunk, to transmit to the Governor 
and Council of this Commonwealth for the time being, _ „ 

, , , IP u Shall trans- 

once m six months at least, and as much oitener as they mitstatement 
may require, accurate and just statements of the amounts of accouits, 
of the capital stock of said corporation, and of the debts 
due the same ; of the monies deposited therein ; of the 
notes in circulation ; and of the gold, and silver, and cop- 
per coin, and the bills of other banks on hand : which state- 
ment shall be signed by the Directors and attested by the 
Cashier, and shall be verified by oath or affirmation beforp 
some person competent to administer the same. 



366 WATERVILLE BANK. Feb, 12, 1814. 

Sec. 8. Be it further enacted. That the said corporation 

shall be liable to pay, to any bona fide holder, the original 

Shall pay amount of any note of said bank, counterfeited or altered 

cAirtteifeit- ' ^j^g course of its circulation to a larger amount, notwith- 

ed notes. ,. , , . " 

Standing such alteration. 

Seg. 9. Be it further enacted. That the said corpora- 
tion, from and after the first day of September next, shall 
siiailpaytax p^}' h) Way of tax to the treasurer of this Commonwealth, 
to the Treas- for the usc of the samc, 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, 
Proviso. have been actually paid in : Provided however. That the 
same tax, payable in manner aforesaid, shall be required 
by the Legislature of all banks that shall be hereafter in- 
corporated within this Commonwealth : And provided fur ' 
ther. That nothing herein shall be construed to impair the 
right of the Legislature to lay a tax upon any bank, al- 
ready incorporated under the authority of this Common- 
wealth, whenever they may see fit so to do. 

Sec 10. Be it further enacted. That one tenth part of 
the funds of said bank shall always be appropriated to loans 
Amount to to be made to citizens of this Commonwealth, and wherein 
afed^o loans ^^*^ Directors shall wholly and exclusively regard the ag- 
ricultural and manufucturing interest ; which loans shall 
be made in sums not less than one hundred dollars, nor 
more than five hundred dollars, and upon the personal bond 
of the borrower, with collateral security by a mortgage of 
real estate, to the satisfaction of the Directors of said bank, 
for a term not less than one year, and on condition of pay- 
ing the interest annually on such loans, subject to such 
forfeitures and rights of redemption as is by law prescribed- 
in other cases. 
^, „, , Sec 11. Be it further enacted,T\\2X^\\tVi^\^x X^^tVtt- 

Shall loan to / . , . ' . i ,, , 

the Common- gislatu re shall require it, the said corporation shall loan to 
-wealih. ^1-^e Commonwealth any sum of money, not exceeding ten 
per centum of the amount of the capital stock actually paid 
in at any one time — reimbursable by five annual instal- 
ments, or at any shorter period, at the election of the Com- 
monwealth, with the annual payment of interest, at a rate 
not exceeding five per centum per annum : Provided how- 
Previa. ever. That the Commonweahh shall never, at any one lime, 
stand indebted to said corporation, without their consent, 
for a largt?r sum than twenty per centum of the capital 
stock actually paid in. 



STROUDWATER. Feb, 14, 1814. 3(>7 

Sec. 12. Be it further enacted^ That the Common- 
wealth shall have a right, whenever the Legislature shall 
make provision by law, to subscribe, on account of the Commou- 
Common wealth, a sum not exceeding thirty thousand dol- ^^b^ribe^^ 
lars, to be added to the capital slock of said company, sub- 
ject to such rules, regulations, and provisions, as shall be 
by the Legislature made and established, as to the man- 
agement thereof. ^ . 
[Approved by the Governor, February 12, 1814.] 



CHAP. CXIX. 

An Act to incorporate the town of Stroudwater. 

Sec. 1. XjE it enacted by the Senate and House of 
Rpreesentatives^ in General Court assembled, and by the 
authority of the same^ That all that part of the town of 
Falmouth, in the county of Cumberland, which lies south 
westerly of the following described line, viz. beginning 
at a small white oak tree standing on a point of land in the "o""^*"^** 
field of Crispus Graves, and on the bank of Presumpscott 
river, and on a course northwest from a tree standing at 
high water mark, on the most westerly end of Machay's 
island ; thence from said white oak tree, northwest five 
hundred and sixty rods and nineteen links, to a stake 
standing three rods and four links in front of Charles 
Frost's dwelling-house ; thence continuing the same 
course nine hundred and nineteen rods, to a stake standing 
on the bank of the outlet of the Duck pond ; thence con- 
tinuing the same course to the dividing line between said 
Falmouth and the town of Windham, with the inhabitants 
thereon, be, and the same is hereby incorporated into a 
separate town, by the name of Stroudwater, and vested '"'o^" »"««- 
with all the powers, privileges and immunities, with which P°'***^**^ 
other towns are by the constitution and laws of this Com« 
monwealth. 

Sec 2. Be it further enacted^ That all the poor, who 
now are, or may hereafter be supported by the town ofg ^ ^ 
Falmouth, for which the town of Portland by its act of poS"^ " 
incorporation is or may be chargeable in part, shall still 
continue to be supported by the town of Falmouth ; and 
the town of Stroudwater, shall be chargeable to Falmouth 



368 STROUDWATER. /V^. 14, 1814. 

for its proportion of the expense in proportion to its pre- 
sent valuation ; and all other poor of the town of Fal- 
mouth, who are now supported by said town of Falmouth, 
either in whole or in part, shall, after a division of said 
town, be divided and supported by the two towns, in pro- 
portion to their present valuation ; and that all persons, 
who are now absent from said town of Falmouth, and shall 
hereafter become chargeable as paupers, shall be returned 
to, and maintained by that town in which they obtained 
their inhabitancy before their removal. 

Sec. 3. Be it further enacted^ That any person or per- 
sons, living in either of the towns of Falmouth or Stroud- 
Pivi njf me ^^^^j.^ whose farms lie upon both sides of the dividing line 
aforesaid, may have liberty at any time within one year 
from the passing of this act, to unite themselves to either 
of the towns aforesaid, and upon such person or persons, 
leaving their names within the time aforesaid, with the 
clerks of both of said towns, to be there recorded, certi- 
fying that such was their intention, shatl thereafter be con- 
sidered an inhabitant of that town where he or they so 
unites himself. 

Sec. 4. Be it further enacted^ That the several col- 

Ta«ea. lectors of the town of Falmouth, are hereby authorised and 

empowered to collect and pay all the taxes to them already 

committed, agreeable to their several warrants, any thing 

in this act to the contrary notwithstandmg. 

Sec 5. Be it further enacted^ That the treasurer of 
the town of Falmouth, shall make a fair adjustment and 
settlement of his accounts, as they stood at the passing of 
Treasurer's this act, and if a balance shall be found in his hands, the 
^"'^" town of Stroudvvater shall receive their just and due pro- 

portion thereof; and if upon such settlement, the town of 
Falmouth shall be found in debt, the inhabitants of the 
town of Stroudvvater shall be holden to pay their just pro- 
portion thereof, according to the present State valuation. 

Sec 6. Be it further enacted^ That the town of 
Stroud water sh^-ill be entitled to receive its just proportion 
of all the public property which belonged to the town of 
Falmouth before the passing of this act, (according to the 
present State valuation) and shall be holden to pay its just 
Taxes here- proportion of all the taxes heretofore assessed upon the 
ged. town of Falmouth ; and the assessors of said towns of 

Falmouth and Stroudvvater, respectively are hereby em- 
powered to assess all taxes, which were due from said 



OXFORD PROBATE COURT. Feb. 14, 1814. 36^ 

town of Falmouth,before the passingof this act to the coun- 
ty of Cumberland, or to this Commonwealth, agreeable 
to the proportion aforesaid ; and the towns aforesaid shall 
be charged in all future taxes in the same proportion which 
they stand in the present State valuation. 

Sec. 7. Be it further enacted. That any Justice of the justice to ist- 
Peace for the county of Cumberland, is hereby authorised ^ue warrant. 
to issue his warrant to some principal inhabitant of said 
town of Scroudwater, requiring him to notify and warn 
the inhabitants of said town, who are qualified by law to 
vote in town affairs, to meet at the time and place express- 
ed in said warrant, for the purpose of choosing all such 
town officers, as by law may be chosen in the months of 
March or April annually. 

[Approved by the Governor, February 14, 1814.] 



CHAP. CXX. 

An Act to fix the times and places for holding the Courts 
of Probate in the county of Oxford, and for other pur- 
poses. 

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 Courts of Probate, within 
and for the county of Oxford, shall hereafter be holden at 
the several times and places hereafter mentioned, viz. : at 
Fryburgh on the last Wednesday of every month in the places for 
year ; at Waterford and Paris in the months of February, houiing 
June and November, annually ; and at Bethel, Dixfield '^°*"^*' 
aud Livermore, in the month of June annually, on such 
days, and such places in said towns as the convenience of 
the people shall require : and it shall be the duty of the 
Judge of Probate, tor the time being, of the said county, to 
give public notice of the particular days of said months, 
and the places in said towns, when and where he will hold 
the Courts aforesaid. 

Sec. 2. Be it further enacted. That whenever the Judge 
of Probate for the time being of said county, shall be 
prevented by sickness or other inevitable casualty, from 
holding any of said Courts, at the several times by tii» 



370 MARBLEHEAD BANK. Feb. 14, 1814. 

act provided, he is hereby authorised to appoint such other 
times for holding said Court, as shall be most for the in- 
terest of all concerned, by g;iving public notice thereof, 
and to adjourn said Court from time to time, and to con- 
tinue any process or proceeding therein, to such time and 
place, as the said Judge may consider necessary or expe-* 
dient. 

[Approved by the Governor, February 14, 1814.3 



CHAP. CXXI. 

An Act in addition to an act, entitled " An act to incor- 
porate the President, Directors and Company of the 
Marblehead Bank." 

VV HEREAS by the act to incorporate the 
President, Directors and Company of the Marblehead 
Bank, passed June twenty-third, in the year of our Lord 
eighteen hundred and twelve, it is enacted and provided 

Preamble, that the capital stock of said Bank shall consist of one 
hundred and twenty thousand dollars, being an addition 
of twenty thousand dollars to the capital of said Bank, 
granted to the same stockholders according to their former 
incorporation ; and such addition is found to be unneces- 
sary and inconvenient : Therefore, 
^ Sic. 1. Be it enacted by the Senate and House of 

Representatives^ in General Court assembled^ and by the 
authority oy the same, That the capiisil stock of the bank 
last incorporated by the name of the President, Directors 
and Company of the Marblehead Bank, may consist of the 

CapitalStock sum of one hundred thousand dollars, and no more, any 
thing in the said act of incorporation notwithstanding : 
and the reduction so permitted of their present capital 
stock, shall and may be effected in such manner as shall be 
voted and agreed upon at a meeting of the said corpora- 
tion, which shall be legally notified and holden for that 
rorjB«. purpose : Provided, that no stockholder shall be com- 
pelled to reduce any part of his subscription or shares in 
the said bank, but the reduction of the said stock shall be 
by the voluntary act of any corporation or individual, now 
holding shares in the said bank, who may consent to with- 



MILLER'S RIVER. Feb.U.lSVL 571 

draw the amount of their subscription or subscriptions, 
or any part thereof by them respectively made and depos- 
ited in the said bank. 

And whereas by the said act of incorporation it is further 
enacted and provided, that the said bank may take, re- 
ceive and hold by assignment, liU such mortgages as were 
then holden by the then existing bank in the said town of 
Marblehead, and which might be assigned and taken by 
agreement, between the two corporations, and the effect 
of such agreement, as a transfer of real estate may be con- 
sidered doubtful — Therefore, 

Sec 2. Beit further enacted, That the mortgages of re- Mortsraffcs 
al estate holden by the said bank under the said former ofreaiestac« 
incorporation, and which by the consent of the stockhold- 
ers therein have been delivered over and made payable by 
their votes or other agreements to the said existing Cor- 
porations, shall be considered as vested in them to all in- 
tents and purposes, as if the said former incorporation had 
been renewed and continued by an extention of the terni 
of years fo; r.hich the same was originally granted. 

Sec 3. Be it further enacted. That the Messuage now Messuage; 
and heretofore owned and occupied by the said former 
incorporation and by the said President, Directors and 
Company of the Maiblehead Bank since their last incorpo- 
ration, be, and the same is hereby vested in them to all in- 
tents and purposes, by virtue of their said incorporation^ 
and pursuant to the votes and consent of the said former 
incorporation to that purpose. 

[Approved by the Governor, February 14, 1814.] 



CHAP. CXXII. 

An Act to repeal an act, entitled " An act to prevent 
damage to the bridges and mill dams, erected across 
Miller's river, and for the preservation of pine timber in 
that neighb(mrhood," passed on the fourteenth day of 
June, in the year of our Lord one thousand eight hun- 
dred and thirteen. 



>E 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 ^ct '•epeale? 

20 



,372 MANSFIELD MANU. COMP. Fi,b, 16, 1814. 

prevent damage to the bridges and mill dams, erected 
across Miller's river, and for the preservation of pine tim- 
ber in that neighbourhood," be, and the same hereby is 
repealed. 

[Approved by the Governor, February 16, 1814.] 



CHAP. CXXIII. 

An Act to incorporate The Mansfield Cotton Manufac- 
turing Company. 

Sec. 1. -De it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same. That Laban Wheaton, Daniel 
Persons in. Wheaton, David Gilbert, Roland Green, Samuel Druce, 
corporated g^joj^Qj^ Pratt, Asa Day, and Abisha Fisher, with such 
others as have associated, or may hereafter associate with 
them, their successors and assigns, be, and they hereby 
are made a corporation, by the name of The iMansfield Cot- 
ton Manufacturing Company, for the purpose of manu- 
facturing cotton, at Mansfield, in the county of Bristol; 
and for this purpose shall have all the powers and privi- 
leges, and be subject to all the duties and requirements, 
contained in an act, entitled " An act defining the general 
powers and duties of Manufacturing Corporations," pass- 
ed on the third day of March, in the year of our Lord 
eighteen hundred and nine. 

Sec 2. Be tt further enacted, That the said company 

May hold re- ^i^y be lawfully seized and possessed of such real estate, 

sonal estate! "O^^ exceeding the value of forty thousand dollars, and such 

personal estate, not exceedmg the value of sixty thousand 

dollars, as may be necessary and convenient for carrying 

on the same manufacture as aforesaid. 

[Approved by the Governor, February 16, 1814.] 



PHILLIPS' ACADEMY. Feb. 16, 1814. 37S 



CHAP. CXXIV. 

An Act establishing The Bellingham Woollen and Cotton 
Manufactory. 

Sec. 1. X3E it enacted by the Senate and House of 
Representatives^ in General Court as^embledy and by the 
authonti/ofthesame. That Samuel Penniman, Samuel L. ''^''s""^ '"- 
Scammeil, Luther vVarneld, Abel Albee, lL.li vvarren, 
Seth Hastings, Benjamin Davenport, Amasa Holbrook, 
Simeon Hoibrook, Tyler Daniels, and Amos Hill, together 
with such other persons as may hereafter associate with 
them, their successors and assigns, be, and they hereby 
are made a corporation by the name of The Bellingham 
Woollen and Cotton Manufactory, for the purpose of 
manuflicturing woollen and cotton yarn and cloth, within 
the town of Bellingham ; and for such purposes, shall 
have all the powers and privileges, and be subject to all 
the duties and requirements, contained in an act, entitled 
*' An act detining the general powers and duties of Manu- 
fiicturing Corporations." 

Sec. 2. Be it further enaeted^ That the said corpora- 
tion may be lawfully seized and possessed of such real ^^*y ^"•'l '"«- 
estate, not exceeding fifty thousand dollars, and such per- sona"estaTe* 
sonal estate, not exceeding one hundred and fifty thousand 
dollars, as may be necessary for the purposes aforesaid. 
[Approved by the Governor, February 16, 1814.] 



CHAP. CXXV. 

An Act in addition to an act, entitled " An act in addition 
to an act, entitled an act to incorporate The Trustees 
of Phillips' Academy in Andover." 

Sec. L XjE it enacted by the Senate and House of 
Representatives y in General Court assembled, and by the 
authority of the same. That the Trustees of Phillips' Acad- 
emy be, and they are hereby empowered to receive, pur- Kmp'Y'j'^*'^^ 
chase and hold, by gift, grant, devise, or otherwise, for sonai esSe. 



374 PLYMPTON MANU. COMP. Feb. 16, 1814. 

the further endo^'ment of a theological institution, or de- 
partment, and in furtherance of the desit^n of the pious 
founders and benefactors of said Academy, personal 
estate, the annual income whereof shall not exceed twenty 
thousand dollars, in addition to what they are now allowed 

Proviso. by law to hold : Provided, the income of said estate to be 
always applied to the objects agreeably to the will of the 
donors : Provided also, that this act shall not entitle 
said trustees to recover or receive any bequests or dona- 
tions heretofore made, unless they were authorised to re- 
ceive and hold the same before the passing of this act : 

;^i;oviso. Provided^ that no student belonging to the said institution, 
sustaining a fair moral character, shall be deprived of any 
privileges of said institution, or be subjected to the for- 
feiture of any aid, which has been granted by said institu-* 
tion, for the purpose of enabling him to prosecute his 
studies, or be denied the usual testimonial on closing his 
studies, on the ground that his interpretations of the scrip- 
tures differ from those which are contained, or may here- 
after be contained in the articles of faith adopted by said 
institution. 

[Approved by the Governor, February 16, 1814.] 



CHAP. CXXVI. 

An Act to incorporate The Plympton Wool Manufactur- 
ing 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 William Sturtevant, Zabdiel 
^ porat-cd" Sampson, Benjamin Ellis, Joseph Cooper, John Sampson, 
Alvan Sampson, Nathaniel Ripley, and William P. Ripley, 
with such other persons as have already associated, or 
hereafter may associate with them, their successors and 
assigns, be, and they hereby are made a corporation, by 
the name of The Plympton Wool Man ufiictu ring Compa- 
ny, for the purpose of manufacturing woollen cloths, in 
the town of Plympton : and for that purpose shall have all 
the powers and privileges, and be subject to all the duties 
and requirements contained in an act, made and passed oi\ 



WALOMOPOGGE MANU. COMP. Feb. 17, 1814s 575 

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- 
lions." 

Sec. 2. Be it further enacted^ That the said corporation 
may be lawfully seized and possessed of such real estate, Mayholdrcr 
as may be necessary and convenient for establishinsr and ^^ ^"^ P^.* 

, .J c ^ ji Pi sonal estftte- 

carry nig on the said manutactory ; ana also oi as large a 
personal estate, as shall be actually employed therein : 
Provided such real estate shall not exceed the value of proviso- 
thirty thousand dollars, and the personal estate one hun- 
dred thousand dollars. 

[Approved by the Governor, February 17, 1814.] 



CHAP. CXXVII. 

An Act to incorporate The Walomopogge Manufacturhig 

Company. 

Sec 1. XjE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by the pppgons in, 
authority of the same^ That Lewis Whiting, Hervey Whi- corporated. 
ling, Amos Cobb, and William Dupee, together with such 
others as may hereafter associate with them, their succes- 
sors and assigns, be, and they are hereby made a corj)ora- 
tion, by the name of The Walomopogge Manufacturing 
Company, for the purpose of manufacturing cotton and 
woollen cloth and yarn in the town of Wrentham, in the 
county of Norfolk : and for the purposes aforesaid, shall 
have all the powers and privileges, and be subject to all *" 
the duties and requirements prescribed and contained in 
an act, entitled " 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 said corporation j^^^^,j,^^^jj^ 
may be lawfully seized and possessed of such real estate, ai "and pei^ 
not exceeding the value of thirty thousand dollars, and *"'"^ e^stscjic. 
such personal estate, not exceeding the value of one hun- 
dred thousand dollars, as may be necessary and convenient 
for carrying on the manufacture aforesaid. 

[Approved by the Governor, February 17, 1814.] 



S76 SWANZEY MANU. COMP. Feb. 17, 1814 



CHAP. CXXVIII. 

An Act to incorporate The Svvaiizey Union Manufactur- 
ing Company. 



B 



Sec. 1. XjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That William Masoii, John Mason, 
William Bowers, William Major, John Winslowj William 

Persons In- Slaclc, Stephen Slade, Richard Chase, Caleb Easterbrooks. 

corporated. Artemas Stebcns, Benanuel Marvel, Anthony Kingsley, 
Anthony Gardner, Rufus C. Smith, Robert Gibbs, Jun. 
Obadiah Peirce, James L. Hodges, Caleb Millar, and Da- 
rius Chase, together with such other persons as have, or 
may hereafter associate with them, their successors and 
assigns, be, and they hereby are made a corporation, by the 
name of The Svvanzey Union Manufiicturing Company, for 
the purpose of manufacturing cotton yarns and cloth at 
Swanzey, in the county of Bristol : and for this purpose 
shall have all the powers and privileges, and be subject to 
all the duties and requirements contained in an act, passed 
the third day of March, in the year of our Lord one thou- 
sand 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 hold niay be lawfully seized of such real estate, not exceeding 

aonal^estate! ^^^c value of thirty thousand dollars, and such personal es- 
tate, not exceeding the value cf fifty thousand dollars, as 
may be necessary, and convenient for establishing and car- 
rying on the manufacture of cotton aforesaid. 

[Approved by the Governor, February 17, 1814.] 



CHAP. CXXIX. 

An Act to set off the northeastwardly part of Hadley, and 
annex the same to Amherst. 

Sec 1. XiE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same^ That all the lands, and the inhabit- 



PORTLAND SOCIETIES. Feb, 17, 18U. 377 

ants thereon, lying and being in Hadley, described with- Lands setoff 
in the following" limits and bounds, not already annexed fromtownof 
to Amherst, be, and the same are hereby set off from Had- "^^^y- 
ley, and annexed to Amherst : that is .j say, beginning 
at the southwest corner of David Smith's land, being the 
northwest corner of Noah Smith's land, lying in the town 
of Amherst, on the east line of Hadley ; thence running 
west, to the west end of the first division of lands in Had- 
ley, to a town- way ; thence northwardly, on the west line 
of said division, as far as the same extends; and thence, ^g^JJ.fbe^ 
on the same course, to the south line of Sunderland; thence 
east, on the south line of Sunderland, to the original north- 
east corner of Amherst ; thence southwardly, on the ori- 
ginal line between Amherst and Hadley, to the first men- 
tioned corner. 

Sec. 2. Be it further enacted^ That tiie respective val- 
uations of the towns of Hadley and Amherst be so altered, ,, , .. , 

... r 1 1 I I p Valuation al- 

in consideration oi the above, that the sum or one cent, terad. 
in the proportion of one thousand dollars, be taken from 
Hadley and put to Amherst ; and that all taxes already 
granted or assessed by the town of Hadley, on the polls 
and estates hereby set off, be collected in the same manner 
as though this act had not been passed. 

[Approved by the Governor, February 17, 1814] 



CHAP. CXXX. 

An Act to dissolve the Third Congregational Society in 
Portland, and to annex the members thereof to the Cha- 
pel Congregational Society in said town. 



HERE AS the Third Congregational So- 
ciety and the Chapel Congregational Society, in Portland, 
have joined in a request to this Legislature that said Third 
CongregationalSociety may be dissolved, and certain mem- 
bers thereof annexed and united to said Chapel Congrega- Pream'plt. 
tional Society, on the terms and conditions mentioned in the 
following act: and whereas the said Chapel Congregational 
Society have purchased the pews of all the members of 
said Third Congregational Society, who are not desirous 
of being united to said Chapel Society, and have agreec4, 



178 



PORTLAND SOCIETIES. 



Feb. 17, 1814. 



Persons an- 
nexed. 



Society dis- 
solved. 



Former acts 
rendered va- 
lid. 



Records, Pa- 
Dej»s, &c. 



Management 
*f Property. 



to assume and pay all the debts of said Third Congrega- 
tional Society, on the debts and property of said 'i'hird 
Congregational Society being transf rred to the>T> : and 
whereas the said societies have respective!}^ petitioned this 
Legislature to sanction their agreement, by passing a law 
for that purpose : Tlierefore, 

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 following members of the 
Third Congregational Society in Portland, viz. : Daniel 
How, Thomas Bailey, James Barnes, William Evans, John 
VV. Smith, Friend Loring, Moses Davis, PhineasVarnum, 
Daniel Gilbert, Levi Bradish, Isaac Prince, John Collins, 
Jun. Joseph Prince, John Deane, and Stephen Little, with 
their polls and estates, be, and they hereby are annexed 
to, and made members of the Chapel Congregational So* 
ciety in said Portland. 

Sec 2. Be it further enacted, That from and after the 
passing of this act, the said Third Congregational Society 
in Portland shall be dissolved ; and their act of incorpo- 
ration shall be, and hereby is so f:ir repealed, that there 
shall no longer be any such society or corporation. 

Sec 3. Be it further enacted, That all the acts and do- 
ings of the said Third Congregational Society and of the 
said Chapel Society, which have heretofore been done and 
transacted, shall be and hereby are confirmed and render- 
ed valid, any informality in the records of the same to the 
contrary notwithstanding. 

Sec 4. Be it further enacted. That the records, papers 
and documents of the said Third Congregational Society 
shall be delivered over to, and deposited with the clerk of 
the said Chapel Congregational Society, who is hereby 
authorised to receive the same, and to make authentic co- 
pies thereof, to avail to every intent and purpose, as if 
made by the Clerk of said Third Congregational Society, 
before the dissolution thereof. 

Sec. 5. Be it further enacted, That the property of 
said Third Congregational Society, whether real or per- 
sonal, shall hereafter vest in, and be under the sole con- 
troul of said Chapel Congregational Society, their succes- 
sors and assigns, forever. 

Sec C. Be it further enacted. That all the legal claims 
liild demands, heretofore outstanding and existing against 



PORTLAND SOCIETIES. Feb, 17, 1814. 379 

the said Third Congregational Society, shall hereafter be 
claimed and received of and from the said Chapel Congre- 
gational Society ; and the same remedy and process for the 
recovery thereof shall be had and used, to recover the same 
against the said Chapel Congregational Society, as might 
have been had and used against the said Third Congrega- 
tional Society before the passing of this act. 

Sec 7. -^e- 2V^/i/r/i^er<?«ac/e6^, That the demands, taxes (,j^j^g , 
and other claims which the said Third Congregational So- demands, 
ciety might, but for the passing of this act, have had, pro- 
secuted and recovered, shall hereafter, in the same man- 
ner, be had, prosecuted, and recovered by the said Chapel 
Congregational Society. 

Sec 8. Be it further enacted^ That the valuation of 
pews, heretofore made in the meeting-house of said Third 
Congregational Society, for the purpose of taxation, shall of taxts!"** 
hereafter continue and govern the said Chapel Congrega- 
tional Society in the assessment of their taxes, until a new 
valuation thereof shall be made by the said Chapel Con- 
gregational Society. 

Sec 9. Be it further enacted^ That the collector or col- 
lectors of said Third Congregational Society be, and they 
hereby are empowered, and it shall be their duty, under u^y ^f tie 
the direction of the treasurer of the said Chapel Congre- Collectors. 
gational Society, to collect the sums which remain due on 
the tax-bills in their hands, and to pay over the same to 
the treasurer of said Chapel Congregational Society ; and 
the treasurer of said Ch jpel Congregational Society shall 
have the same power to enforce the collection and payment 
of said taxes, as he would have, if said collector or col- 
lectors had been appointed by said Chapel Society ; and 
in case such collector or collectors of said Third Congre- 
gational Society shall refuse or neglect to collect the said 
taxes so due, on the bills in his or their hands, or shall die Penalty for 
or resign before completing such collections, then the col- "^&lect. 
lector of the Chapel Congregational Society shall have a 
right to deaiand and recover said tax-bills, and complete 
the collection of said taxes, under the direction of the 
treasurer of said Chapel Congre.?^ational Society. 

£ Approved by the Governor, February 17, 1814.]] 

21 



Ariiutantsnd 



380 ADJU. AND SOL. GENERALS. Feb. 18, ISU- 



CHAP. CXXXL 

An Act establishing: the Salaries of the Attorney General 
and Solicitor General of this Commonwealth. 

Sec. 1. JlJE it enacted by the Senate and House of 

Representatives^ in General Court assembled, and by the 

authority ofthesame^ I'hat there shall be allowed an.d paid 

out of the treasury of this Commonwealth, annually, the 

fui'rUor gIn sum of two thousand dollars to the Attorney General, and 

n' lull's sala- the like sum to the Solicitor General, in full conipensa- 

^*"' tion for their services in the criminal and civil business of 

this Commonwealth, to be paid in quarterly payments, as 

the same shall become due. 

Sec. 2. Be it further enacted^ That the said Attorney 
count. ' General and Solicitor General shall be held to account with 
the treasurer of this Commonwealth, annually, for all Kes, 
bills ot costs, and monies received by them, by virtue of 
thtir said offices, or for any business done by them for 
this Commonwealth. 

Sec 3. Pe it further enacted. That the first section of 

an act, passed the twentieth day of February, A. D. 1790, 

entitled "An act makin<^ compensation to the Attorney 

General of this CommouNvealth for his services," and also 

Acts repeal- the first section of an act, passed the seventeenth day of 

""^^ June, A. D. 1800, entitled "An act making compensation 

to the Solicitor General of this Commonwealth for his 

services," be, and the same hereby are repealed. 

[Approved by the Governor, February 18, 1814.] 



CHAP. CXXXH. 

An Act to incorporate The Protestant Episcopal Society 
of Christ's Church, in Quincy. 

Sec. 1. X3E it enacted by the Senate and House of 
Representatives, in General Court asssembled, and by the 
authority of the same. That the wardens and other propri- 
etors of Christ's Church, in Quincy, whether residing in 



CHRIST'S CHURCH, QUINCY. Feb. 18, 1814. 381 

said Quincy, or in towns adjacent, and their successors, 
together u ith their polls and estates, be, and are hereby 
incorporated into a society or body politic, under the name Society in- 
of The Protestant Episcopal Society of Christ's Church in "'Porated. 
Quincy ; and that the builduig called Christ's Church, to- 
gether with the yard thereof, and the house and land here- 
tofore purchased by said society as a Glebe, and situated 
in Quincy aforesaid, are hereby vested in said corporation, 
together with the power of holding other real estate, to 
the annual value of five hundred dollars. 

Sec 2. Be it further enacted, That the said society- 
are hereby empowered to assess and collect of the mem- 
bers belonging to the same, for the purpose of maintain- 
ing the worship of God, for repairing their church, and ^*^**' 
for the preservation of their glebe and estate, from time to 
time, such monies as may be necessary for those purposes; 
and they are hereby vested with all such powers, privile- 
ges, and immunities, as Congregational Societies do or 
may enjoy by the laws of this Commonwealth, 

^EC. 3. Be it further enacted. That if any person may 
incline to join said society, by si2:nifyir.o: such his desire, |^f^thodo(^ 

J , i. , "^ I'll I becoming u 

in writing, to the clerK oi the town, to which he may be- member, 
long, and by notifying thereof the clerk of said society, 
lie, together with his polls and estate, shall be considered 
to belong to said Epii^copal Society, in the same manner 
as if inccJrporated by name in this act. And whenever 
nny person belonging to said society shall incline to with- ^ 

draw therefrom, by signifying such his desire, in writing, leaving. 
to the clerk of said Episcopal Society, and by notifying 
thereof the clerk of the town in which he resides, he, vrith 
his polls and estate, siiall be discharged from said Episco- 
pal Society : Provided however^ That in either case, such Proviso, 
person shall be liable to pay his proportion of all assess- 
ments previously made upon the inhabitants of the town 
in which he resides, or upon the members of said Episco- 
pal Society, as the case may be. 

Sec. 4. Be it further enacted. That the members of 
said corporation may meet annually, on Easter Monday, Meeting's cf 
and at any adjournment of that meeting, and shall appoint ^"'^^''^'^ "^" 
two or more church-wardens, a treasurer, and a clerk, and 
such other officers as they may think necessary for the 
nuinugement of their concerns, to continue until others 
shall be chosen in their place : and at such meetings may 



382 NORTHBORO' MANIj. COMP. Feb. 18, 1814. 



By-laws, 
]Rul«s, fee. 



establish suitable by-laws, snd determine in what manner 
their annual and other meetings may be notified, and con- 
vened ; and the wardens so chosen may appoint special 
meetings for transacting the affairs of the church, in such 
manner as may be directed by the by-laws so to be made : 
And the first meeting of said Episcopal Society shall be 
on Easter Monday, the eleventh day of April next. 
[Approved by the Governor, February 18, 1814.3 



I%r«ons in- 
C«rporated. 



CHAP. CXXXIII. 

An Act to incorporate The Northborough Manufacturing 

Company. 

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 George Slocum, Ju«. Isaac 
Davis, Silas Gates, Phineas Davis, Asaph Rice, Benjamin 
Rice, Caleb Witherbee, Joseph Davis, Joseph Howe, and 
their associates, together with all those who have already, 
or may hereafter associate with them, their successors and 
assigns, be, and they are hereby made a corporation, by 
the name of The Northborough Manufacturing Company, 
for the purpose of manufacturing cotton and woollen cloth 
and yarn in the town of Northborough, in the county of 
Worcester ; and for this purpose, shall have all the pow- 
ers and privileges, and be subject to all the duties and re- 
quirements prescribed and contained in an act, entitled 
** An act deaning the general powers and duties of Man- 
ufacturing Corporations," passed the third duy of March, 
in the year of our Lord one thousand eight hundred and 
nine. 

Sec. 2. Be it further enacted. That the said corpora- 
tion may lawfully hold and possess real estate, not to cx- 
ai'and 'per- cccd the valuc of ouc hundred thousand dollars, and per- 
gonal estate, sonal cstatc, not exceeding two hundred thousand dollars, 
as may become necessary and convenient for establishing' 
and carrying the manufactory aforesaid. 

[Approved by the Governor, February 18, 1814.] 



May hold re 



MANU. AND MEGHAN. BANK. Feb. 18, 1814: 388 



CHAP. CXXXIV. 

An Act to incorporate The Manufacturers and Mechanics 

Bank. 

Sec. 1 . 23 E it enacted by the Senate and House of Rep- 
resentatives in General Court assembled^ and by the authority 
of the same^ That George Sullivan, John Bellows, William persons ?■. 
Appleton, Winslovv Lewis, William Cochran, Thomas B. corporated. 
Wales, Seth Knowies, Ezra A. Bourne, their associates, 
and those who they may hereafter associate with them, their 
Successors and assigns, shall be, and hereby are created a 
corporation, by the name of The Manufacturers and Me- 
chanics Bank ; and shall so continue from the fifth day of 
April next, until the first Monday in October, which shall Time incor. 
be in the year of our Lord one thousand eight hundred and poruied for. 
thirty -one, and by that name shall be, and hereby are 
made cap.ible in law, to sue and be sued, plead and be 
impleaded, defend and be defended, in any courts of 
record, or any other place whatever; and also to make, 
have and use a common seal, and the same to break again 
at pleasure, alter and renew, and also to ordain, establish 
and put in execution such by-laws, ordinances and regu- 
lations, as to them shall appear necessary and convenient 
for the government of said corporation, and the prudent 
management of their affairs : Provided such by-laws, or- Provise. 
dinances 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, re- 
rtrictions, limitations and provisions herein prescribed. 

Sec. 2. Be it further enacted^ That the capital stock 
of said corporation shall consist of a sum not exceeding 
fifteen hundred thousand dollars, in gold and silver, be- Amount or 
sides such part as this Commonwealth shall subscribe, in capital stock 
manner herein after mentioned; divided into shar^es of share'! 
one hundred dollars each, which shall be paid in manner 
following, that is to say, one fourth part thereof on or be- 
fore the fifteenth day of April next ; one other fourth part 
oii or before the fifteenth day of July next, and the resi- 
due at such time within two years from the passing of thi& 
mct^ as the stockholders at any meeting called for that pu 



/ 



ir- 



384 MANU. AND MEGHAN. BANK. Feb, 18, 1814. 

pose shall direct. And the stockholders at their first 
meeting shall, by a majority of votes, determine the mode 
of Transferring and disposing of said stock, and the profits 
thereof; which being entered on the books of said corpo- 
ration, shall be binding on the stockholders, their succes- 
sors and assigns, until they oiherwise determine ; and the 
Mavhoidre. ^'^'^^ corporation are hereby made capable in law, to have, 
ai estate and hold, pupchasc, rcceivc, posscss, eujoy and retain to them, 
amount. their successors and assigns, lands, rents, tenements and 
hereditaments, to the amount of one hundred thousand 
dollars, and no more at any one time ; with power to bar- 
gain, sell and dispose of the same, and to loan and nego- 
tiate their monies and effects, by discounting on banking 
princijjleB, on such security as they shall think advisable : 
Proviso. Provided however^ That nothing herein contained shall re^ 
strain 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 mon- 
ies shall be loaned or discounts made, nor shall any bills 
or promissory notes be issued from said bank, until the cap- 
ital subscribed, and actually paid in, and existing in gold 
and silver in their vaults, shall amount to three hundred 
and seventy. five thousand dollars, nor until the said capital 
stock actually in said vaults shall have been inspected and 
c^ , exaniined by three commissioners, to be appointed by the 

app 'imCom- Governor for that purpose, whose duty it shall be, at the 
'^'■^®';^'^*^'"^ „ expense of said corporation, to examine and count the 

and. duty ot. » . , , , ' , , ... . , , , 

monies paid and actually existing in said vaults, and to as- 
certain by the oath of the directors of said bank, or some 
of them, that said capital hdth been bona fide paid in by 
the stockholders of said bank, and towards payment of 
their respective shares, and not for anv other purpose, and 
that it is intended therein to remain as part of said capital, 
and to return a certificate thereof to the Governor. 

Sec 3. Be it further enacted^ That the s.aid bank shall 

®^"^'.*[''®F*^ be established and kept in the town of Boston; and this 
estitblished. • i n i i i • i i 

corporation shall always be subject to the rules, restrict- 
ions, limitations, taxes and provisions, and be entitled to 
the same rights, privileges and imnuinities, which are con- 
tained in an act, entitled " An act to incorporate the Presi- 
dent, Directors and Company of the State Bank ;" except 
in so far as the same are modified or altered by this actj 



MANU. AND MEGHAN. BANK. Feb. 18, 1814. 385 

as fully and effectually as if the several sections of said act 
were herein specially recited cind enacted. 

Sec 4. Be it further enacted^ That one third part of Amount ap- 
the capital stock of said bank shall be reserved tor the foi'''^jiifcI,fin. 
subscription of Mechanics and Manufacturers, and proof ics and Mim- 
thereof shall be made to the commissioners to be appointed "f^^cturers. 
in pursuance of the second section of this act, who shall 
certify the same to the Governor. 

Sec 5. Be it further enacted, That whenever the Le- 
gislature shall lequire it, the said corporation shall loan to siiaiiioan to 
the Commonwealth, any sum of money which may be re- ^veaiilu '^°"'' 
quired, not exceeding ten per centum of the capital stock, 
then actually paid in at any one time ; reimbursable by 
five annal instalments, or at any shorter period, at the 
election of the Commonwealth, with the annual payment 
of interest, at a rate not exceeding five per centum per an- 
num : Provided however, Thdtihc Commonwealth shall Provisor 
never stand indebted to said corporation, without their 
consent, for a larger sum than twenty per centum of the 
capital stock then paid in. 

Sec 6. Be it further enacted, That any committee es- 
pecially appointed by the Lesrislature for the purpose, shall Legislative 
na\ea right to examme mto the domgs or said corpora- mayexamme 
tion, and shall have free access to all their books and books, &c, 
vaults, and if upon such an examination it shall be found, 
and after a full hearing of said corporation thereon, be de- 
termined by the Legislature, that said corporation have 
exceeded their powers, or fliiled to comply with any of the 
rules, restrictions and conditions by law provided, thtir 
incorporation shall thereupon be declared forfeited and 
void. 

Sec 7. Be it further enacted. That the persons here- 
in before named, or any three of them, are authorised to ^ay call a 
call a meeting of the members and stockholders of said '""*^'"^' 
corporation, as soon as may be, at such time and i)lace as 
they may see fit to appoint, by advertising the same in any 
two nevvsjiapers printed in the town of Boston, for the 
purpose of making, ordaining and establishing such by- 
laws and regulations for the orderly conducting the afi'airs 
of said corporation, as the stockholders shall deem neces- 
sary, and for the choice of the first Board of Directors, and 
such other officers as they may see fit to choose. 

Sec 8. Be it further enacted, That the Commonwealth 



586 NEPONSET MANU. COMP. Feb. 18, 1814. 

shall have a right whenever the Legislature shall make 
provision therefor by law, to subscribe on account of the 
Common- Commonwealth, a sum not exceeding tive hundred thou- 
S'crib?*^ sand dollars, to be added to the capital stock of said cor- 
poration, subject to such rules, regulations and provisions 
as to the management thereof, as shall be by the Legisla- 
ture made and established. 
Shall pay Sec. 9. Be it further enacted^ That the said corporation 
counterfeit- shall be liable to pay to any bona fide holder, the original 
notes. amount of any note of said bank, altered in the course of 
its circulation to a larger amount, notwithstanding such 
alteration. 
_, „ ^ Sec 10. Be it further enacted. That the said corpora- 

Shallpaytax . i r i r i- A 

totheTreas-tion shall pay by way or tax to the treasurer of this Com- 
urer. monwealth, for the use of the same, within ten days after 

each semi-annual dividend, the half of one per cent on 
the amount of the original stock, which shall at the time 
of said dividend have been actually paid in : Provided 
Proviso. however y That the same tax, payable in manner aforesaid, 
shall be required by the Legislature of all banks incorpo- 
rated within this Commonwealth. 

Sec 11. Be it further enacted^ That whenever the 
Commonwealth shall subscribe to the capital stock of said 
corporation in manner herein before provided for, in addi- 
tion to the Directors by law to be chosen by the stock- 
mly'^ipMi^t holders, the Legislature shall have a right, from time to 
Directors, time, to appoint a number of Directors of said bank, in 
proportion as the sums paid from the treasury of the Com- 
monwealth shall bear to the whole amount of stock actu- 
ally paid into the said bank, if at any time hereafter they 
shall judge fit to exercise that right. 

[Approved by the Governor, February 18, 1814.] 



CHAP. CXXXV. 

An Act to incorporate The Neponset Cotton Factory 

Company. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
Pewons in- authority of the same. That Virgil Maxey, David Hoffman, 
cerporated. Dennis A. Smith, Thomas Stanley, and John Stanley, and 



LIVERMORE MINIST. LANDS. Feb. 18, 1814. 387 

others who have already associated, together with such 
other persons as may hereafter associate with them, their 
successors and assigns, be, and they are hereby made a 
corporation by the name of The Neponset Cotton Factory 
Company, for the purpose of manufacturing cotton ^oods 
ai Walpole, in the county of Norfolk ; and for this pur- 
pose, shall have all the powers and privileges, and be sub- 
ject to all the duties and requirements, contained in an 
act passed the third day of March, in the year of our Lord 
on* thousand eight hundred and nine, entitled " An act 
defining the general powers and duties of Manufacturing 
Corporations." 

Sec 2. Be it further enacted^ That the said corpora- v* u ^ 
tion may be lawfully seized and possessed of such real ai and per- 
estate, not exceeding the value of fifty thousand dollars, s""*^ ebtate. 
and such personal estate, not exceeding the value of one 
hundred thousand dollars, as may be necessary and con- 
venient for establishing and carrying on the manufacture 
aforesaid, in the town of Walpole aforesaid. 

[Approved by the Governor, February 18, 1814.3 



CHAP. CXXXVL 

An Act making further provisions concerning the Ministry 
Lands in the town of Livermorc. 



Bi 



'E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the agent and trustees of the 
Ministry lands in the town of Livermore, be, and they are Empowered 
hereby authorised and empowered to loan on interest, the ey. 
monies arising from the sale of the Ministry lands, or any 
part thereof, on the personal security of the borrower, by 
bond with good and sufficient sureties in the penal sum of 
double the value at least of the monies loaned, any thing 
in the act made and passed the twenty-ninth day of Feb- 
ruary, eighteen hundred and eight, concerning the said 
Ministry lands, to the contrary notwithstanding. 

[Approved by the Governor, February 18, 1814.] 



22 



Persons in- 



38g PLYMOUTH.— PITTSFIELD. Feb. 18, 1814. 



CHAP, CXXXVH. 

An Act to establish the Plymouth Woollen and CottOR 
Factory Company. 

Sec. 1. XjE it enaeted by the Senate and House of 
Hepresentatives^ in General Court assembled^ and by the 
authority of the same, That Barnabas Htdge, Jun. Joseph 
ctorporated. Bdrtlett, 3d. Zaccheus Bartlett, Samuel Torry, William 
Osborn, and Jesse Inglee, together with such others as 
may hereafter associate with them, their successors and 
assigns, be, and they hereby are made a corporation, by the 
name of The Plymouth Woollen and Cotton Factory, for 
the purpose of manufacturing wool, cotton and hnen yarn 
and cloth, in Plymouth ; and shall have all the powers and 
privileges, and shall be subject to all the duties and re- 
quirements, prescribed in an act, entitled " An act defin- 
ing the general powers and duties of Manufacturing Cor- 
porations," passed the third day of March, eighteen hun- 
dred and nine. 

Sec 2. Be it further enaeted, That said Corporation, 
May hold '^^ their corporate capacity, shall and may lawfully hold 
neai and per- and posscss such real estate, not exceeding fifty thousand 
sonal estate. (joH^j-y^ .^^^^\ personal estate, not exceeding one hundred 
and fifty thousand dollars, as may be necessary and con- 
venient for carrying on said manufacture, in their various 
branches, as aforesaid. 

[x'^pproved by the Governor, February 18, 1814.] 



CHAP. CXXXVIH. 

An Act to incorporate The Pittsfield Woollen and Cotton 

Factory. 

Sec 1. JLJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Lemuel Pomeroy, Joseph 
Merrick, Ebenezer Center, Samuel D. Colt, David Camp- 
corporaed. t)ell, David Campbell, Jun. Thomas B. Strong, James 
Buel, and Arthur Schoifield, with such others as already 



GUNPOWDER, CHARLESTOWN. Feb. 18, 1814. 389 

have, or hereafter may associate with them, their succes- 
sors or assigns, be, and hereby are made a corporation by 
the name of The Pittsfield Woollen and Cotton Factory, 
for the purpose of manufacturing' woollen and cotton in the 
town of Pittsfield ; and for that purpose, shall have all the 
powers and privileges, and be subject to all the duties and 
requirements, contained in an act, passed the third day of 
March, in the year of our Lord one thousand eight hun- 
dred and nine, entitled "An act defining the general pow- 
ers and duties of Manufacturing Corporations." 

Sec. 2. He it further enacted. That said corpora- 
tion may be lawfully seized and possessed of such real j^ j^ „ ^,. 
estate, not exceeding the value of thirty thousand dollars, ai an.i |,er- 
and such personal estate, not exceeding the value of one ^°"*' ^tate- 
hundred thousand dollars, as may be necessary and con- 
venient for carrying on the manufactory of woollen and 
cotton in the said town of Pittsfield. 

{[Approved by the Governor, February 18, 1814.] 



CHAP. CXXXIX. 

An Act to provide for the safe keeping of Gunpowder, in 
the town of Charlestown. 

Sec 1. A3E 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 person or persons, (not on military duty,) shall 
keep, have, or possess in any store, barn, house or other 
building, or in or upon any place or thing whatever within Pnwder, 
the town of Charlestown, except in a public powder house wiiere kept; 
in said town, gunpowder in any quantity exceeding five 
pounds, in any way or manner otherwise than as by this 
act is permitted : Provided nevertheless, That nothing in 
this act shall be consirued to operate as a prohibition to I'^'oviso. 
the transporting of gunpowder through the town of 
Charlestown aforesaid, or to or from the public magazines 
in said town, from or into any part of this Commonwealth. 

Sec 2. Be it further enacted. That no merchant or 
private armed vessel, on board of which gunpowder shall 
be laden in quantity exceeding twenty-five pounds, shall 
lay within two hundred yards of any wharf within said town. 



390 GUNPOWDER, CHARLESTOWN. Feb. 18, 1814. 

Sec. 3. Be it further enacted^ That all gunpowder 
found within the said town of Charlestown, contrary to 
the provisions of this act, shall be forfeited and moy be 
seized by one or more of the fire- wards of said town ; and 
Duty of Fire- it shall be the duty of such fire- ward or fire-wards, within 
Wards. twenty days after such seizure, to file a libel in the Clerk's 
office of the Circuit Court of Common Pieas, for the Mid- 
dle Circuit, in the county of Middlesex, stating the cause 
of such seizure, and praying for a decree of forfeiture ; and 
the Judges of said Court shall have power to hear and de- 
termine the cause by a jury where there is a claimant ; 
but without a jury, if upon proclamation made no claim- 
ant appear, and to decree the forfeiture and disposition of 
such property according to law, and may decree a sale 
and distribution of the proceeds, deducting charges ; and 
if such libiel be not supported, restitution of the property 
shall be decreed without cost; but if a claimant appear, and 
disputes the forfeiture, and said gunpowder shall be final- 
ly decreed forfeited, such claimant shall pay all costs of 
prosecution which may have legally arisen thereon. 

Sec 4. Be it further enacted^ That all such gunpowder 
so forfeited, shall be forfeited, one moiety thereof to the 
use of the Commonwealth, and the other moiety thereof 
to the use of the fire-wards of said town of Charlestown : 
Quantity ai- Provided always^ That it shall and may be lawful for any 
lowed to be persoH or persons, to keep in his or their house, ware 
^*^^*' house, or shop, for sale, by retail, any quantity of gun- 

powder, not exceeding twenty-five pounds in the whole : 
Proviso. Provided, the same be constantly kept in copper, brass or 
tin cannisters, closely covered with copper, brass, or tin, 
and not otherwise. 

Sec 5. Be it further enacted^ That if any gunpowder 
shall be found in the town of Charlestown aforesaid, con- 
trary to the provisions of this act, the owner or owners of 
the same, or other person or persons in whose possession 
it shall be found, besides the forfeiture aforesaid, shall for- 
^!"*v f"'^ fcit and pay forty cents for every pound of such gunpow- 
der, one moiety thereof to the use of the poor of said town 
of Charlestown, and the other moiety to the use of him or 
them, who shall sue for the same ; which forfeiture of forty 
cents may be recovered by action of the case, in any court 
proper to try the same. 



BUXTON MINISTERIAL LANDS. Feh. 18, 1814. 391 

Sec. 6. Be tt further enacted^ That it shall and may 
be lawful for any one or more of the firewards of said town 
of Cliarlestown, to enter any building or other place in Firewards 
said town of Charlestown, in the day time, to search for '^J^^^I^J'^j^ 
gunpowder which they may have reason to suppose to be 
concealed, or kept contrary to the provisions of this act, 
having first obtained a search warrant therefor according 
to law. 

[Approved by the Governor, February 18, 1814.] 



CHAP. CXL. 

An Act authorising the sale of Ministerial Lands, in the 
Congregational Society in Buxton, and for other pur- 
poses. 



W, 



HEREAS the Congregational Society in 
Buxton, in the county of York, have petitioned this court Preamble. 
to sell their parsonage or ministerial lands, for the purpose 
of raising a fund for the support of the ministry : 

Sec 1. Be it therefore enacted by the Senate and House 
of Representatives^ in General Court assembled, andbij the 
authority of the same^ That Ebcnezer Wentworth, Joseph Trustees ap- 
Dunnell, Royal Brewster, Isaac Libby, James Emery, Jr. pointed. 
Thomas Bradbury, and Charles Coffin, be, and hereby are 
appointed trustees to sell the same, and to put out at in- 
terest the monies arising from such sale, in manner here- 
in after mentioned, and for that purpose. 

Sec 2. Be it further enacted^ That the said trustees 
be, and they hereby are incorporated into a body politic, 
by the name of The Trustees of the Ministerial Fund in ^''"^^^"^"' 
the Couffrtgational Society in Buxton, in the cou»ty Qf ^"'P^^'*^'-* 
York; and they and their successors shall be, and continue 
a body politic and corporate, by that name, forever ; and 
they shall have a common seal, subject to be altered at their 
pleasure ; and they may sue and be sued, in all actions, 
real, personal, and mixed ; aiid prosecute and defend the 
same to final judgment and execution, bv the name aforesaid. 

Se,c 3. Btt it further enacted^ That the said trusuees, 
and their successors, shall and may annudlly elect a Fios- i;'"^^^!.''^^'. 
ident and Cierk, and a treasurer to receive and apply the;'^ 



cers 



^2 BUXTON MINISTERIAL LANDS. Feb. 18, 1814. 

monies hereinafter mentioned, as hereinafter directed, and 
any otlier needful officers. 

Sec. 4. Be it further enacted^ That the number of trus- 
Number of tccs shall not at any one time be more than seven, nor less 
u'lii^tetr ^'^^^ ^^^' ^"y ^^^^ of whom may constitute a quorum for 
transacting business, any three of their number shall have 
power to adjourn their meetings from time to time ; and 
they shall and may fill up vacancies in their number, which 
may happen by death, resignation, or otherwise, from the 
members of said society ; and they may remove any of 
their numbers who may become unfit and incapable, from 
age, infirmity, misconduct, or any other cause, of perform- 
ing their duty, and supply a vacancy so made by a new 
Annual raee- choice from the society aforesaid. And the said trustees 
Jeef,^^^'^"^' shall annually hold a meeting, in March or April, and as 
much oftener as may be found necessary, which meetings, 
after the first, shall be called in such way and manner as 
the trustees shall direct. 

Sec 5. Be it further enacted, That Zenas Payne, Esq. 
First Meet- bc, and he hereby is authorised to fix the time and place 
'"&• for calling the first meeting of the trustees, and to notify 

each trustee thereof. 

Sec 6. Be it further enacted. That the said trustees 
be, and they are hereby authorised to sell and convey, in 
t^sfiiUan^ ^^^ simple, all the parsonage or ministerial lands belong, 
ing to said society, and to make, execute, and acknowl- 
edge a good and sufficient deed or deeds thereof, which 
deed or deeds, subscribed by their treasurer, by direction 
of said trustees, with their seal affixed, shall be good and 
sufficient in law to pass and convey the fee simple from 
said society to the purchaser, to all intents and purposes 
whatever. 
„ . , , Sec 7. Beit further enacted, Thditlht vaomts dLVismo, 

jVl0ni6s to be n • • 

at interest, from the sale of said lands shall be put at mterest 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 public funded securities, or 
bank stock, which they may do. 

Sec 8. Be it further enacted, That the interest arising 

interfcst.how from time to time, on such monies, shall be annually, or 

ip.jlied- oftener if practicable, put out at interest and secured in 

manner aforesaid, unless invested in the funds or bank 



BUXTON MINISTERIAL LANDS. Feb. 18, 1814. 393 

stock as aforesaid, and also the interest accruing from the 
interest, until a fund shall be accumulated, which shall 
yield yearly the sum of three hundred dollars interest : 
Provided the said society shall an.nually vote, assess, and Proviso, 
pay die Rev. Dr. Coffin, their present teacher, his usual 
salary durina: his life. 

Sec. 9. Be it further enacted^ That as soon as an in- 
terest to that amount shall accrue, the trustees shall forth- 
with apply the same for the annual support of the congre- 
gational minister, which may then be settled in said soci- ^"||P°^^.°^ 
ety. or which may hereafter be settled there ; and so long 
as the said society shall remain without a settled minister, 
the annual interest aforesaid shall be put out at interest, 
and secured as aforesaid, until there be a resettlement of a 
minister. 

Sec 10. Be it further enacted. That the treasurer of 
the trustees shall give bond faithfully to perform his duty, uutvofthe 
and to be at all times responsible for the faithful applica- Treasurer. 
tion and appropriation of the monies which may come into 
his hands, conformably to the true intent and meaning of 
this act, and for ail negligence or misconduct of any kind 
in his office. 

Sec 11. Be it further enacted. That the trustees ov n „., - ,. 
their omcers, lor the services they may perform, shall be tionoiTrus- 
entitled to no compensarion out of any monies arising ^"^• 
from the fund aforesaid ; but if entitled to any, shall have 
and receive the same of said society, as may be mutually 
agreed on. 

Sec 12. Be it further enacted. That the said trustees ^(^ .. 
and their successors shall exhibit to the society, at their mit statement. 
annual meeting in March or April, a regular and fair ''^ '^<^«o»^*ts- v 
statement of their doings. 

Sec 13. Be it further enacted, That the said trustees 
and each of them shall be responsible to the society for 
their personal negligence or misconduct, whether they be Ijo^f^fiJe/^' 
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. 

[Approved by the Governor, February 18, 1814] 



394 CONNECTICUT BRIDGE. Feb. 18, 1814. 



CHAP. CXLI. 

An Act regulating the Toll allowed to the Proprietors of 
Connecticut River Bridge. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by the 
authority of the same y That the fifth section of an act, en- 
titled *' An an act for incorporating certain persons for 
the purpose of building a bridge over Connecticut river, 
^^d'T ^^' ^^ ^^^^ county of Hampshire, and for supporting the same," 
passed June eighteenth, in the year one thousand seven 
hundred and ninety-six, be, and the same is hereby re- 
pealed. 

Sec. 2. Be it further enacted^ That a toll be, and here- 
by is granted to the proprietors of Connecticut river 
bridge, to reimburse them for their expenses in building 
said bridge, and for supporting the same, according to 
f t u ^^^ following rates, viz. : for each foot passenger, three 
cents ; for each horse and rider, eight cents ; for each 
horse and chaise, chair, sulkey, or waggon, drawn by one 
horse, sixteen cents ; for each coach, chariot, phaeton, or 
other four wheel carriage for passengers, thirty-three 
cents ; for each curricle, twenty-five cents ; for each 
sleigh for passengers, drawn by one horse, twelve and a 
half cents ; if drawn by more than one horse, sixteen 
cents ; for each cart, waggon, sleigh, or other carriage 
of burthen, drawn by one beast, twelve and a half cents ; 
and for every additional beast, four cents ; for horses or 
neat cattle, exclusive of those rode on, or in carriages, 
three cents ; for sheep and swine, one cent each ; and 
one persoH only shall be allowed as a driver to each team, 
to pass free of toll ; — and all persons who shall have occa- 
sion to pass said bridge to perform military duty, shall 
pass free of toll. 

[Approved by the Governor, February 18, 1814.3 



SHEFFIELD PUOT. SOCIETY. Feb. 22, 1814. 395 



CHAP. CXLII. 

An Act to incorporate The Protestant Epis(X>pal Society 
in the town of Sheffield. 



'ersons in- 



Sec. 1. -OE if enacted by the Senate and House of 
Representatives, in Ge?ieral Court assembled, atjd by the 
authority of the same. That Samuel Adams, Elijah Ar- 
nold, Morris Austin, Seth Austin, Jonathan Bartlett, Roger 
Barton, Asa F. Bigelow, David Burrell, Jedediah Burrell, j,^ _ 
Warren Burrell, Samuel C. Clay, Archer Callender, Ira corporated. 
Chamberlain, John Chapman, Samuel Curtis, James 
Curtis, Giles Curtis, Harmi Davis, Caleb Dresser, Wil- 
liam Dunwell, Ebenezer Ferry, Isaac Ferry, Oramel Fer- 
ry, Samuel Fosket, Whitney Fosket, Zacheus Good- 
rich, Moses Hubbard, Harvey H. Hubbard, Timothy 
Hubbard, Jun. William Huggins, JareJ Johnson, Joseph 
Johnson, William Johnson, Austin Keimey, Walter Lan- 
don, Rowland Langford, Timothy Lovejoy, Asa Mason, 
Nathaniel Noble, Jun. Allen Pease, Nathaniel Pixley, Car- 
mi Runsford, Solomon Ransford, Gideon Schelinger, Gil- 
bert Schelinger, Hector Schelinger, Amos Shears, Edwin 
Shears, Harry Shears, Jeremiah Shears, Samuel Shears, Za- 
chariaii Shears, Nathaniel Spaulding, Derrick 8poor, Der- 
rick Spoor, Jr. Jacob Spoor, Nicholas Spoor, Stephen Ste- 
phens, Thomas Stevens, William Stephens, Wm. Stephens, 
Jun. Eliakim Vosburgh, Gomery Vosburgh, R isseli Vos- 
burgh, Salmon ^Vay, Joel Way, Calvin Westover, Elisha 
Westover, Levi Wtstover, Job Westover, Jacob Warn, 
Benoni Warn, Joseph Wilcox, and Ebenezer Wilcox, to- 
gether with their families and estates, and such other per- 
sons as may hereafter associate with them, and their suc- 
sors, in the manner provided in this act, be, and they are 
hereby incorporated as a lieligious Society, by the name of 
The Protestant Episcopal Society in Sheffield, with all the 
powers and privileges, which are exercised and enjoyed Rights and 
by, and subj«-ct to all the duties, obligations, and restric- privileges 
tions, incident to oiher religious societies, according to 
the ronstitotion and laws of this Commonwealth. 

Sec 2. Be it farther enacted, That any person living in 
the buid town of Sheffield, being a member of any other 
23 



396 



SHEFFIELD PROT. SOCIETY. 



Feb. 2% 1814. 



Manner of 
becoming a 
member. 



Prdviso. 



Manner of 
leaving. 



religious society in the said town, who may desire to join 
the said Episcopal society, shall, previous thereto, declare 
such desire in writing, and deliver it to the minister or 
clerk of the said Episcopal society, and shall also give a 
copy of the said written desire to the clerk of said town ; 
and if such person doth receive, and can produce a certifi- 
cate, signed by the wardens of said Episcopal societ}^ that 
such person has been received as a member thereof, such 
person, with his or her polls and estate, shall be considered 
and held a member of the said Episcopal society : Pro- 
vided always, that such person shall be holden to pay his 
or her proportion of all legal assessments, or other parish, 
or society charges and expenses, due and unpaid, at the 
time of leaving one society and joining another. 

Sec 3. Be it further enacted, That when any member 
of the said Episcopal society may see cause to leave the 
same, and to join in a parish or society relation, with any 
other religious society in the said town of Sheffield, shall 
declare such desire and intention in writing, and deliver 
it to the minister or deacons thereof, and shall also give a 
copy of the same to the wardens of the said Episcopal 
society ; and if such person do receive, and can produce a 
certificate of admission to membership, with such other 
society, such person wi'.h his or her polls and estate, from 
the date of such certificate, shall be considered and held 
as a member of the society to which he or she has so be- 
come united : Provided however. That in every case of 
secession from one society, and joining another in the said 
town of Sheffield, every such person shall always be hold- 
en to pay his or her proportion of all legal assessments, 
and all other parish or society charges and expenses due 
and unpaid, at the time he or she may so secede. 

Sec. 4. Be it further enacted. That any Justice of the 
Justice to is- Peace for the county of Berkshire, is hereby empowered 
i.e warrant. ^^ js^ue a Warrant directed to one of the members of said 
Episcopal 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 election and appointment of its 
officers. 

[Approved by the Governor, February 22, 1814.3 



Proviso. 



GUNPOWDER, BOSTON. Feb, 22, 1814, 397 



CHAP. CXLIII. 

An Act in further addition to " An act in addition to acts 
regulating the storage, safe keeping and transportation 
of gunpowder within the town of Boston." 

Sec. 1. JjE H enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
autherity of the same^ That from and after the first day of 
April next, no commissary or any other officer or officers, 
or any person or persons, in the service of the United. 
States, or acting in die department of commissary or quar- 
ter master general of this Commonwealth, shall be per- 
mitted to have, keep, or possess within the town of Bos- 
ton, a greater quantity of gunpowder than four hundred 
pounds ; and that the powder so had and possessed with- 
in the said tov/n, shall be kept in a place approved of by Powder, 
the fire- wards of the said town, either under ground in a "^^"^^ *^^^" 
vault, or in a stone or brick building secured against ex- 
plosion by fire. , 

Sec 2. Be it further enacted^ That any gunpowder 
which shall be found in the possession of, or which may 
be had or kept within the town of Boston, by any officer 
or officers, or any person or persons whatsoever, acting in 
behalf or under the authority of the United States, or by 
any agent or servant of such officers or persons ; and all 
gunpowder, possessed, had, or kept, by any officer of the 
commissary or quarter master generals departments of the 
slate of Massachusetts, or persons acting under the author- 
ity of these departments, contrary to the provisions of this r)ut.vofFire. 
act, may be seized by any two or more of the firewards of 
the lown of Boston, and the same may be libelled and 
condemned, and sold, and the proceeds thereof distributed 
as is by lavv provided for the forfeiture of gunpowder in 
other cases within said town. 

[Approved by the Governor, February 22, 1814.1 



398 PENOBSCOT FISHERY. Feb. 22, 1814. 



CHAP. CXLIV. 

An y\ct for the preservation of Fish in Penobscot River 
and Bay, and the several streams emptying into the 
same. 



Sec. 1 . XJ K if enacted by the Senate and House ofRep- 
restritatives in General Court assembled^ and by the authority 
ojthe same, That if any person shall make or continue any 
dam or other obstruction, in or across Penobscot river, or 
any stream or pond emptying into the same, or into any 
part of Penobscot bay, northerly of the southerly lines of 
Lincolnville and Castine, through or into which salmon, 
shad or alevvives have been accustomed, at any time within 
the last twenty years, to pass up for the purpose of east- 
ing their spawn, without providing and constantly keeping 
open and clear a sufficient and convenient passage or sluice 
way, for such salmon, shad or alewives to pass and repass, 
from the tenth day of May, to the tenth day of June annu- 
ally, in all the waters below the town of Orono, and in all 
the waters in and above the said town of Orono, from the 
said tenth day of May, to the twentieth day of June annu- 
Penalty for ally ; every such person shall forfeit and- pay a fine not ex- 
pass'age^'"^ ccediug two hundred dollars, nor less than fifty dollars. And 
any person who shall, at any time, catch any of the said 
fish, within forty feet of any such passage or sluice way, 
shall forfeit and pay a fine of five dollars for every such of- 
Pi'oviso. fence ; Provided however, That the foregoing clause shall 
not be construed to prevent the taking of fish in the sluice 
Vv^ay, round the mill dam owned by James Brackett, Jun. 
on Nichol's stream, in plantation number four, on the 
east side of Penobscot river, from sunrise on Monday to 
sunrise on Thursday in each week, from the tenth day of 
May to the fifteenth day of June in each year. 

Sec. 2. Be it further enacted. That any person who 
shall catch any shad or alewives in any of the waters afore- 
said, between the tenth day of May and the fifteenth day 
of June annually, or any salmon between the said tenth day 
Penalty for of May and the first day of July annually, at any other 
cionti-ar to ^^"^^ ^"^ times than between sunrise on Monday and sun- 
law, rise on Saturday in each week, shall forfeit and pay, for 



PENOBSCOT FISHERY. Feb, 22, 1814. 399 

each salmon, two dollars ; for each shad, one dollar; and 
for each alevvive, twenty cents, so taken, except such shad 
as may unavoidably be taken in nets or machines set or 
used tor the express purpose of catching salmon between 
the fittcenth day of June and the first day of July annually. 
And any person who shall set or allow to continue, in any 
of the waters aforesaid, any net, seine or other machine for shall not set 
catching any of the said fish, at any time or times other ^eine at any 
than IS herein allowed for taking said fish, shall forfeit and tha-rherein 
pay a fine not exceeding ten dollars, nor less than five dol- provided, 
lars ; and any person who shall use any net, seine or other 
machine for catching said fish, in any of said waters, or 
who shall, by joming two or more nets or seines, that to- 
gether shall extend more than one third the way across 
the streams or waters where the san.e may be used, or 
whose nets or seines for drifting shall be more than twelve 
feet deep, shall forfeit and pay a fine not exceeding twenty, 
nor less than five dollars. 

Sec 3. Be it further enacted^ That any person who 
shall erect any circular or other weare, for the purpose of Erection of 
taking any of the said fish in any of the waters aforesaid, ^^^''^i'^' ^c. 
and shall neglect to keep open one clear passage way in 
each pound, enclosure, or apartment of such weare, for 
the fibh to pass out, at least ten feel high from the bottom 
of such weare, and four feet wide, from sun-rise on Fri- 
day in each week to sun- rise on Monday the succeeding 
week, as aforesaid, shall forfeit and pay a fine not exceed- 
ing one hundred dollars, nor less than twenty dollars, for 
each offence. And no such weare shall be erected or con- 
tinued in any of the waters aforesaid, until application shall 
be made to the selectmen of the town in which such weare 
is contemplated to be erected or continued, nor until such "t. 

selectmen have given a licence therefor ; and everv appli- 
cant for leave to erect or continue such weare shall, before App 
such licence is granted, give bond, with sufficient sureties, ?'^'^ 
in a sum not exceeding five hundred dollars nor less than 
three hundred dollars, to the treasurer of, and for the use 
of such town, conditioned to pay any fine that may be in- 
curred under this act, by reason of such weare being used 
for the purpose of catching any of said fish contrary to the 
provisions of this act. And any person who shall set any ' 

net or vseine within four rods of any passage-way from such 
weare, shall forfeit and pay a fine of ten dollars. 



400 PENOBSCOT FISHERY. Feb, 22, 1814. 

Sec. 4. Be it further enacted^ That if any person shall 
purchase or salt any fresh shad or alewives after the six- 
Penalty for tcenth day of June annually, or fresh salmon after the sec- 
saitingfish. Q^d day of July annually, such person shall forfeit and 
pay, for each fish so purchased or salted, the same fines as 
are provided by the second section of this act ; and any 
person who shall catch any of said fish in any manner 
whatever between the first day of July and the first day of 
December annually , shall forfeit and pay the same fines 
for each fish so taken. And any person who shall, at any 
time, catch any of the said fish in any of the waters of said 
river, or in any stream or pond emptying into said river, 
above the river Piscataquis, shall forfeit and pay the like 
fine for every fish so taken. 

Sec 5. Be it further enacted^ That all nets, seines and 

boats, used for catching any of the said fish, and all fish 

May seize taken Contrary to the provisions of this act, shall be for- 

nets seines, f^ii^d, and may be seized, while so used, by any fish- 

and boats. , , -^ i • i i • • 

warden or other person authorised to carry the provisions 
of this act into effect, and libelled before any Justice of 
the Peace for the county of Hancock, who, thereupon, 
shall post a notification in some public plac^, describing 
the articles libelled, and naming a time and place when a 
hearing shall be had theron, which shall not be more than 
forty-eight, nor less than twenty- four hours from the 
time of receiving such libel ; and if no person shall appear 
to claim said articles, or if any person shall appear and 
claim, and shall not show sufficient cause why the same 
should not be forfeited, the said Justice shall adjudge the 
said articles to be forfeited, and siiall order the same to be 
sold at public vendue, and the money arising from such 
sale, after deducting legal costs, paid over as is herein pro- 
vided for other fines and forfeitures. 

Sec 6. Be it further enacted^ That the selectmen of 
every town, and the assessors of every plantation adjoining 
the waters aforesaid, shall, on or before the tenth day of 
point April annually, appoint three or more-discreet inhabitants 
.rdens of such towu or plantation, who shall not be concerned in 
catching any of the said fish, and who shall not be inter- 
ested in any dam or other obstructions in said waters, as 
fish-wardens ; and it shall be the duty of said selectmen 
or assessors to assign to each warden so appointed, his 
Ward or district therein, and the persons so appointed shall 



PENOBSCOT FISHERY. Feb, 22, 1814. 401 

be sworn faithfully and impartially to discharo-e the duties 
required of them by this act : and any person appointed 
fish-warden as aforesaid, who shall not, within seven days Penalty for 
alter having been notified thereof, qualify himself accord- Uotqu'Twv" 
ingly, shall forfeit and pay a fine of twenty dollars ; and ing himself, 
the said selectmen or assessors, as often as such neglect 
shall happen, shall continue to appoint as aforesaid, until 
the oflice is filled ; and every selectman or assessor who 
shall neglect to perform the duties aforesaid, shall forfeit 
and pay a fine of ten dollars for each week they shall so* 
neglect, after the tenth day of April annually : Provided 
always^ That no person shall be obliged to serve as fish- 
warden more than one year in three. 

Sec. 7. Be it further enacted. That it shall be the duty 
of every such fish- warden, to examine and inspect his ward Duty of fish- 
or district, and he shall have authority to examine and in- wardens. 
spect any other ward, district, or place, in any of the wa- 
ters aforesaid, and to cause the provisions of this act to be 
carried into full effect, to give information and prosecute 
all breaches of this act, and it shall likewise be the duty 
of grand-jurors, coroners, and constables, to do the same ; 
and all fines and forfeitures incurred under this act, may 
be recovered by complaint, action of debt, or indictment, 
before any Justice of the Peace or other court having com- 
petent jurisdiction, one moiety to the use of the town or 
plantation where the offence shall be committed, and the 
other moiety to the use of the plaintiff or informer ; and 
no person shall be precluded from being a competent wit- 
ness in the trial of any libel, complaint, or indictment, by 
reason of his being entitled to any part of said fine or for* 
feiture; and every such fish-warden, appointed and sworn „ u . r . 
as aforesaid, who shall neglect or refuse faithfully to per- neglect, 
form the duties required of him by this act, shall forfeit 
and pay a fine not exceeding one hundred dollars nor less 
than tvvcnty dollars ; and every fish-warden, appointed and 
sworn agreeable to this act, shill be entitled to receive from 
the town or plantation in which he resides, one dollar for 
each and every day he shall be actually employed in car- 
rying into effect the provisions of this act. 

Sec 8. Be it further enacted^ That no fine which may 
be incurred under this act shall be recovered, unless pro- Recovery of 
secution therefor shall be commenced within six months '"^''' ^^' 
after the offence shall have been committed. 



402 



TROY MANUFACTORY. 



Feb. 22, 1814. 



repealed. 



Sec. 9. Be it further enacted. That this act shall be in 
force from and after the first day of April next, and that 
Former acts after Said dav all laws heretofore made for the purposes 
aforesaid, be, and the same are hereby repealed, exceptins^ 
"An act to prevent the destruction of the fish called shad 
and alewives, in their passage up and down the river and 
other streams in the town of Orington, in the county of 
Hancock, and for regulating the taking and disposing of 
said fish," passed February ninth, one thousand eight hun- 
dred and seven : Provided however^ That the fourth sec- 
tion of the last mentioned act be sj far repealed, as that the 
committee, named in said section, shall appoint five days 
in each week, from the first day of May to the first day of 
July annually, (instead of the days and times therein men- 
tioned,) when said fish shall be taken : Provided neverthe- 
less. That all prosecutions and processes now pending shall 
proceed to final judgment and execution as if this act had 
never been made. 

[Approved by the Governor, February 22, 1814.] 



Provisb. 



CHAP. CXLV. 



Persons in- 
corporated. 



An Act to incorporate The Troy Cotton and Woollen 
Manufactory. 

Sec 1. ±jVu it enacted by the Senate and House of 
Representatives i?i General Court assembled, and by the 
authority of the same. That Sheffel Weaver, James Max- 
well, James Driscol, Daniel Buffinton and Nathaniel 
Wheeler, together with such others as have, or may here- 
after associate with them, their successors and assigns, be, 
and they hereby are made a Corporation, by the name of 
The Troy Cotton and Woollen Manufactory, for the pur- 
pose of manufacturing cotton and woollen yarn and cloth, 
in the town of Troy, in the county of Bristol ; and for the 
purpose aforesaid, shall have all the powers and privileges, 
and be subject to all the duties and requirements contain- 
ed in an act, passed the third day of March, in the year of 
our Lord one thousand eight hundred «nd nine, entitled 
" An Act defining the general powers and duties of Man- 
Hfacturing Corporations." 



ADAMS S. VILLAGE MANUFAC. Feb. 22, 1814. 403 

Sec. 2. Be it further enacted^ That said CorporatioQ 
may be lawfully seized and possessed of such real estate, 
not exceeding the value of one hundred thousand dollars, MayhoWre- 
and such personal estate, not exceeding the value of one sLS «uS'. 
hundred thousand dollars, as may be necessary and con- 
venient for carrying on the manufacture aforesaid. 
[Approved by the Governor, February 22, 1814.] 



CHAP. CXLVL 

An Act to incorporate The Adams South Village Manu- 
facturing 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 Jonathan Richardson, Russell Persons m* 
Brown, Humphry Anthony, Eli Green, Jesse Whipple, *^°''l?°^^* 
Arthur Field, David Anthony, jun. and Isaac Brown, to- 
gether with such others as may hereafter associate with 
them, their successors and assigns, be, and they are here- 
by made a corporation, by the name of The Adams South 
Village Manufacturing Company, for the purpose of man- 
ufacturing cotton and woollen cloth and yarn, in the town 
of Adams, in the county of Berkshire ; and for the pur- 
pose aforesaid shall have all the powers and privileges, and 
shall also be subject to all the duties and requirements, 
contained in an act, entitled " An act defining the general 
powers and duties of Manufacturing Corporations," pass- 
ed the third day of March, eighteen hundred and nine. 

Sec. 2. Be it further enacted, That said Corporation, 
in their corporate capacity, shall and may lawfully hold and ^f'^^,'d '*^ "^r 
possess such real estate, not exceeding in value thirty thou- sonal estate. 
sand dollars, and such personal estate, not exceeding one 
hundred thousand dollars, as may be necessary and con- 
venient for carrying on the mi^nu factories aforesaid. 
[Approved by the Governor, February 22, 1814.] 

24 



404 AGGAWAUM FISHERY. Feb. 22, 1814. 



CHAP. CXLVII. 

An Act to regulate the Fishery in Aggawaum or West- 
field 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, from and after the passing of 
sbaM nit set this act, any person or persons who shall draw a seine, or 
seine, &c. drag-net within thirty rods of the lower side of the dam, 
or race-way at White's mills, on Aggawaum River, in the 
town of West Springfield, for Ihe purpose of catching 
shad, alewives or other fish, shall, for each and every of- 
fence, forfeit and pay the sum of five dollars for each 
time he or they shall so draw said seine, together with the 
forfeiture of ihe boat and seine. 

Sec 2. Be it further enacted^ That if any person or 
persons shall set any pot, net, weare or hurdell, within 
pQ*"gJJ.°^ "'^ thirty rods of said dam, or race-way, for the purpose of 
catching fish of any kind, he or they shall, for each and 
every ofFeHce, severally forfeit and pay the sum of five 
dollars, for every twelve hours, said pot, net, wearc or 
hurdell, shall be placed in the said river, and so in propor- 
tion for a greater or less time. 

Sec. 3. Be it further enacted^ That any person who 

shall not ^^'^^^ attempt to catch fish with a scoop-net, within the 

ca ch with a aforcsaid distance of the lower side of said dam, or in or 

^coop-uet, j^gjjj. jj^g sluice-way made for the passage of fish through 

said dam, shall, for each and every offence, forfeit and pay 

the sum of one dollar. 

Sec 4. Be it further enacted^ That all the fines and 
Pines and forfeitures, incurred by a breach of this act, may be re- 
forteiturcB. Covered, in an action on the case, before any Justice of 
the Peace for the county of Hampden. 

[Approved by the Governor, February 22, 1814.] 



HALL'S GURNET BRIDGE. Fe5. 22, 1814. 405 

CHAP. CXLVIII. 

An Act to establish a Corporation for building a Bridge 
at Hall's Gurnet, between the towns of Brunswick and 
Harpswell. 

Sec. 1. XJE it enacted by the Senate and House of 
JtepresentntweSy in General Court assembled, and by the 
authority of the sattie, That the inhabitants of that part of 
the town of Harpswell, living on the island of Scbascode- 
gan, east of the Long-reach mountain, as now have, or to^rebutld 
shall hereafter associate, shall be, and h«reby arc empovv- Bridge. 
ered to rebuild and keep in repair a bridge, which was 
built in the year of our Lord one thousand seven hundred 
and ninety, over the waters between the towns of Bruns- 
wick and Harpswell, at a place called Hall's Gurnet ; and 
for this purpose shall have all the powers and privileges 
incident, and usually given to Bridge Corporations, (as far 
as they are applicable and necessary for the purposes of 
this act,) by the name of The Harpswell Gurnet Bridge 
Corporation : Provided that the said bridge shall always Provise. 
be free, and no toll shall ever be demanded of any passen- 
ger for passing the same. And the said corporation in 
choosing their officers, in making and collecting their as- 
sessments, in recovering assessments of delinquents, in 
obtaining judgment for damage wantonly or maliciously 
done to the said bridge by any person, in fixing the time 
and mode of calling future meetings, and in all other cases 
where a rule or president may be necessary for their con- 
duct, the said corporation shall govern themselves bv the 
same rules, and use the same provisions, as are made in 
the " Act for incorporating certain persons for building 
a bridge over Amerescoggen river, between Brunswick 
and Topsham, and for supporting the same." 

Sec. 2. Be it further enacted^ That the said corpora- 
tion shall have the right to recover against any inhabitant 
living on the east side of said mountain, not a member of 
said corporation, who, or whose family, or labourers, shall toh/'''^^ ° 
pass said bridge, ten dollars annually, until they become 
members of said corporation, which they may do at any 
time hereafter, by leaving their .names with the clerk of 



40G NOBSCUSSET POINT PIER. Feb. 22, 1814. 

said corporation, signifying their intention to become mem- 
bers thereof. 

Sec. 3. Be if further enacted, That any Justice of the 
Justice to is- Peace for the county of Cumberland, U|oon application 
sue warrant, therefor, is hereby empowered to issue a warrant, direct- 
ed to one of the inhabitants of the said island of Sebasco- 
degan, requiring him to notify and warn a meeting of the 
said Harpswell Gurnet Bridge Corporation, at s(ich con- 
venient time and place as shall be appointed in the said 
warrant, to organize the said corporation. 

[Approved by the Governor, February 22, 1814.] 



CHAP. CXLIX. 
An Act establishing The Nobscusset Point Pier Company. 

Sec 1. X)E it enacted by the Senate mid House of 
Representatives^ in General Court assembled, and by the 
Persons in- (authority of the same. That Daniel Howes, Henry Hall, 
corporated. Zcnas Howcs, Johu Howcs, Jun. and Oran Howes, and 
all such persons as are, or shall be associated with them, 
and their successors, shall be a corporation, by the name 
of The Nobscusset Point Pier Company, and shall by that 
name sue and be sued, implead and be impleaded, and 
shall and may appear, prosecute, and defend in all actions 
or suits, for or against them, till final judgment, execu- 
tion and satisfaction ; and they shall have a common seal, 
and shall be capable in law, to take by purchase or other- 
Proviso", wise, and to hold, and convey real estate : Provided, That 
the whole real estate which the company may at any one 
time hold, or possess, in their corporate capacity, shall 
not exceed twenty thousand dollars in value. 

Sec. 2. Be it further enacted. That the said Pier shall 

be erected upon the easterly side of Nobscusset Point, 

i ere to (so Called) in the town of Dennis, in the county of Barn- 

.tt Pier, stable, to be built of stone and timber, and to commence 

at a sufficient distance from high water mark, at said point, 

and to run easterly six hundred feet, more or less. 

Sec 3. Be it further enacted^ That the said Daniel 
Howes, Henry Hall, and Zenas Howes, or any two of them, 
may call a meeting of said corporation, by giving notice 



LITERATURE, PIETY, &c. Feb. 24, 18r4> 407 

in posting up an advertisement at Dennis north meeting- May call a 
house in said town, at least ten days before the time of 
meeting ; and at that or any other leg'al meeting, the said 
corporation may agree on the mode of calling and warn- 
ing future meetings, and may elect a President, Trustees, 
Clerk, or such other officers as they may judge fit for the 
orderly conducting of iheir affairs, and the prudent man- 
agement of their estate ; and such officers, at their pleas- 
ure may change or remove, and at all their meetings, the 
proprietors present may vote according to their interest in 
said property, allowing one vote to each share : Provided Proviso. 
however^ that no person shall have more than five votes, 
and absent proprietors may vote by proxy, authorised in 
writing ; and the proprietors of said corporation may, at 
any legal meeting, adopt such by-laws, rules and regula- 
tions, as shall be necessarv' and convenient for the man- 
agement of their affairs : Provided^ the same are not re- rrovlso 
pugnant to the laws or constitution of this Commonwealth. 

Sec 4. Be it further enacted^ That the shares of any 
person in said Pier Company, may be attached on mesne 
process, or taken and sold on execution, in the manner Attachment 
pointed out by an act, entitled " An act directing the ° "^"^^ 
mode of attaching on mesne process, and selling by exe- 
cution, shares of debtors in incorporated companies." 

8ec. 5. Be it further efiactedj That the shares of each personal es- 
proprietor in said corporate property shall be, and be con- tate. 
sidered in all respects personal estate, and shall be trans- 
ferred in such manner, as the proprietors by their laws 
shall provide and direct. 

[Approved by the Governor, Februai^' 22, 1814.^ 



CHAP. CL. 

An Act for the encouragement of Literature, Piety and 
Morality, and the useful Arts and Sciences. 

Sec 1. XjE it enacted by the Senate and House of 
Bepresentatives, in General Court assembled^ and by the 
authority of the satne. That the tax which the President, 
Directors and Company of tlie Massachusetts Bank, are, 
and shall be liable to pay to the Commonwealth, shall be, 



4,08 



LINUM AND DUCK MANU. 



jh'eL 24, 1814. 



and hereby is g^ranted and appropriated, for ten years next 
to come, as follows, viz. : ten sixteenth parts thereof to 
Tax,howap. the President and Fellows of Harvard College : three six- 
propnated. teenth parts thereof to the President and Trustees of Wil- 
liam's College ; and three sixteenth parts thereof to the 
President and Trustees of Bowdoin College. 

Sec. 2. Be it further enacttd, That the President, Di- 
rectors and Company of the Massachusetts Bank be, and 
they are htreby authorised and required to pay the said tax 
to the said Colleges, in the proportion aforesaid, in lieu of 
pav ing the same into the treasury of this Commonwealth. 
Sec. 3. Be it further enacted. That at least one fourth 
part of the sums to be received by the said Colleges, shall 
be appropriated for, and towards the partial or total reduc- 
tion of the tuition fees of such students, not exceeding 
one half the number of any class, who may apply therefor, 
according to the judgment of the respective corporations 
of said colleges. 

[Approved by the Governor, February 24, 1814.] 



CHAP. CLI. 



Persons in- 
corporated. 



An Act to incorporate the Linum and Duck Manufactur- 
ing 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 R. Newhall and Amos 
Binney, together with their associates, successors and as- 
signs, be, and hereby are incorporated by the name of 
The Linum and Duck Manufacturing Company, for the 
purpose of spinning and manufacturing flax, hemp, (or 
whatever else can be manufactured with a certain machine 
called the Linum Spinner) in the town of Lynn, in the 
county of Essex, and one other town within this Common- 
wealth ; and for this purpose, shall have all the powers 
and privileges, and be subject to all the duties and require- 
ments of an act, entitled " An act defining the general 
powers and duties of Manufacturing Corporations," pass- 
ed the third day of March, in the year of our Lord one 
thousand eight hundred and nine. 



SENATORIAL DISTRICTS. Feb. 24, 1814. 409 

Sec. 2. Be it further enacted^ That the said corporation 
may lawfully hold and possess real estate, to the value of reafand per. 
fifty thousand dollars, and personal estate, to the value of sonai estate. 
one hundred and fifty thousand dollars. 

Sec. 3. Be it further enacted. That Joseph R. Newhall, 
is hereby authorised to call the first meeting of the corpo- ^^^^ ^®**" 
ration, at such time and place, as he may deem proper, 
within the town of Boston, by giving to each proprietor 
due notice in writing of the time, place, and purposes of 
such meeting. 

[Approved by the Governor, February 24, 1814.] 



CHAP. CLII. 

An Act for dividing the Commonwealth in Districts, for 
the choice of Counsellors and Senators. 

Sec 1. JJE it enacted by the Senate and House of 
Representatives^ in General Court asssembled, and by the 
authority of the same. That from and after the passing of 
this act, the Commonwealth be, and hereby is divided in- v^eTitTdls- 
to sixteen districts, for the choice of Counsellors and Sen- tricted. 
ators ; and that each district be, and is hereby authorised 
and directed to choose the number of Counsellors and 
Senators thereto respectively affixed, in the manner pre- 
scribed by the constitution and laws of this Common- 
wealth. 

The county of Suffolk shall form one district, and choose Countie* 
six Senators. _ [;™^ ^'^' 

The county of Essex shall form one district, and choose 
five Senators. 

The county of Middlesex shall form one district, and 
choose three Senators. 

The counties of Hampshire, Hampden and Franklin, 
shall form one district, and choose three Senators. 

The county of Bristol shall form one district, and choose 
two Senators. 

The county of Plymouth shall form one district, and 
choose two Senators. 

The county of Barnstable shall form one district, and 
choose one Senator. • 



410 BOSTON MALE ASYLUM. Feb.2i,lSU, 

The counties of Dukes' county and Nantucket shall 
form one district, and choose one Senator. 

The county of Worcester shall form one district, and 
choose four Senators. 

The county of Berkshire shall form one district, and 
* choose two Senators. 

The count V of Norfolk shall form one district, and 
choose two Senators. 

The county of York shall form one district, and choose 
two Senators. 

The county of Cumberland shall form one district, and 
choose two Senators. 

The counties of Lincoln, Hancock and Washington, 
shall form one district, and choose three Senators. 

The county of Kennebeck shall form one district, and 
choose one Senator. 

The counties of Somerset and Oxford shall form one 
district, and choose one Senator. 

[Approved by the Governor, February 24, 1814.] 



CHAP. CLHL 

An Act to incorporate The Boston Asylum for Indigent 

Boys. 

W HERE AS William Phillips, James Lloyd, 
W"iHiam Sullivan, Benjamin Green, and Samuel H. Wal- 
Preamble. jgy^ gj^^j ^ number of Other persons, have associated for 
the charitable purpose of relieving, instructing, and em- 
ploying indigent boys belonging to the town of Boston, 
and to carry their association into effect, have petitioned 
to be incorporated : 

Sec. 1. Be it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
'P^nons in. QntfiQfity of the same^ That the said William Phillips and 
corporate j^.^ associates, together with such others as may become 
subscribers to the same institution, in the manner herein 
after provided, be, and they are hereby incorporated into 
a society, by the name of The Boston Asylum for Indi- 
gent Boys, and by that name, shall be a corporation for- 
ever, with power to have a common seal, to make con- 



BOSTON MALE ASYLUM. Feb. 24, 1814. 411 

tracts relative to the objects of their institution, to sue and 
be sued, to establish by-laws and orders for the regulation 
of the said society, and the preservation and application of 
the funds thereof: Provided, the same be not repugnant Proviso, 
to the constitution or laws of this Commonwealth. To 
take, hold and possess any estate, real or personal, by ^ 
subscription, gift, grant, purchase, devise, or otherwise, 
free from taxes, and the same to improve, lease, exchange, 
or sell and convey, for the sole benefit of said institution : 
Provided, That the value of the real estate of said society, '''^°^«o 
shali never at any one time, exceed fifty thousand dollars, 
and the annual income of the whole estate of said society, 
shall not exceed twenty thousand dollars. 

Sec 2. Be it further ejiacted. That every person who . , „ , 

111 I 1 1 \ c A c ' A • ^ Annual Sub- 

shall subscribe, and pay to the lunds or said society a sum scription. 
not less than three dollars annually, shall, by such sub- 
scription and payment, become a member of said society, 
liable, however, to be removed therefrom, on neglect or 
refusal to pay the annual subscription aforesaid. 

Sec 3. Be it further enacted, That the said society Time and 
shall meet in Boston, on the first Monday in May annual- ^""^^ ?^^" °^ 
ly ; for the purpose of electing by ballot from their mem- 
bers, a President, Vice-President, Treasurer, Secretary, 
and a board of not less than six, nor more than nine man- 
ageriJ, in addition to the President, Vice-President, and 
Treasurer of the society, who shall always be ex officiis 
members of the board of managers ; all which officers 
shall hold their respective offices for one year, and until 
others shall be elected to succeed them ; except in case of 
vacancy by death, or resignation ; in wiiich case the board 
of managers shall have power to fill such vacancy, until ^fay call & 
the ensuing annual election ; and the said Board of Man- "'^^^'"a* 
agers shall have power to call a meeting of the said society 
whenever they may deem it expedient ; and it shall be 
their duty to call such meeting whenever requested thereto 
by fifty of the subscribers, and to give notice of the annual 
meetings, by advertisement, in at least two of the newspa- 
pers printed in Boston, at least seven days before such 
meeting: Not less than three managers shall form a quo- 
rum for the transaction of business, and all questions shall 
be decided by the votes of a majority of tiie managers 
present. And at all meetings of the society or the mana- 
gers, the President shall preside, or if absent, the Vice- 
25 



412 BOSTON MALE ASYLUM. Feb. 24, 1814. 

President ; and in case of the absence of both of the said 
officers, such person shall preside as the society, or the 
board of managers, at their respective meetings may elect. 
Sec 4. Be it further enacted^ That the treasurer of the 
society shall give bonds for the faithful performance of 

Treasurer to the duties of his office, and to render accounts of his trans- 

giv© bonds, actions therein, as often as may be required by the board 
of managers, in such sum, and with such sureties, as to 
the said board of managers may be acceptable ; and any 
officer or member of the said society, may be removed 
therefrom, on the vote of a majority of the whole number 
of members of which the society may at the time consist. 
Sec 5. Be it further enacted^ That the board of mana- 
gers, for the time being, shall have the entire direction 
and controul of the concerns, business, and interest of the 
society, and shall have the management and application of 

Management ^\\ the subscriptions, donations, funds and estate of the 
"operty- society, to be appropriated solely for the uses of the soci- 
ety ; and no sale or transfer of any real or personal estate 
of said society shall be valid, unless approved by them ; 
and no money shall be paid out of the treasury of said so- 
ciety, except by their order ; they shall Hkevvise have au- 
thority, at their discretion, to take into their Asylum, such 
indigent boys belonging to the town of Boston, as they 
may judge to be suitable objects of charity, to enjoy the 
benefit of the institution ; and also to accept a surrender 
in writing by the father, or where there is no father, by 
the mother or guardian of any indigent boy as aforesaid, 
to the care and direction of said society, and to bind out 
in virtuous families, or to reputable trades or, occupa- 
tions, or to educate in such manner as they may deem 
beneficial, until the age of twenty-one years, any such in- 
digent boy or boys, thus surrendered, or any such boy, 
who being destitute ©f parents within this Commonwealth, 
shall have been relieved and supported by the society : 

Provis*. Provided, that any parent whose child or children shall 
have received relief, or have been bound out as aforesaid, 
during the absence of such parent from this state, shall have 
liberty on his or her return to the state, to receive and 
withdraw such child or children on paying to the treas- 
urer of the society the expense incurred in his or their 
relief and support as aforesaid. And the managers shall 
have authority to establish any rules and regulations for 



BOSTON MALE ASYLUM. Feb, 24, 1814. 413 

the proceedings of the board and the concerns of said so- 
ciety, not repugnant to the laws of this Commonwealth, or 
the by-laws of said society. 

Sec. 6. Be it further enacted^ That any writ or pro- Manner of 
cess against said corporation, may be served by the offi- ^^"'^"S * 
cer's leaving an attested copy thereof with the treasurer of 
said society, or at his last or usual place of residence, thir- 
ty days before the return day thereof; and the said treas- 
urer, or any person appointed for that purpose by the so- 
ciety, or by the managers, may appear by attorney and de- 
fend or prosecute any suit in behalf of said society ; and 
all instruments of conveyance or contract which may 
lawfully be made by said society, shall be approved by 
the managers, and signed by the President or Vice-Pres- 
ident, as the board may direct, and countei signed by the 
Secretary, and if necessary, sealed with the common seal 
of said society, and when so executed, shall be binding 
thereon and valid in law. 

Sec 7. Be it further enacted^ That Benjamin Green 
be, and he hereby is authorised to call the first meeting of Fi"tineet- 
the said society, by giving public notice of the time and ^"^* 
place of meeting, by advertisement in one or more of the 
newspapers pruited in the town of Boston, at least three 
days prior to such meeting, and at which meeting the offi- 
cers before mentioned ot the society shnll be elected, and 
shall hold their offices until the first annual election of offi- 
cers shall be holden agreeably to the provisions of this act. 
[Approved by the Governor, February 24, 1814.3 



CHAP. CLIV. 

An Act to establish The Walpole Manufacturing Com- 
pany. 

Sec . 1 . XJ E it enacted by the Semite and House of Rep- 
resentatives in General Court assembled^ and by the authority 
of the same. That Sunuiel D;:xter, James Richardson, Eli Persons in- 
bonne) , Timotliy P. Whitney, Samuel Whitney, Lovett corporated. 
Kingsbury, William Bacon, David Risggles, James Clark, 
and Sewall Sanford, together whh such others as have, or 
may hereafter associate with them, their successors and 



4.U STONY BROOK MANU. Feb, 24, 1814- 

assigns, be, and they are hereby made a corporation, by 
the name of The VValpolc Manufacturing Company, for 
the purpose of manufacturing cotton and woollen goods 
in the town of Walpole, in the county of Norfolk ; and, 
for that purpose, shall have all the powers and priviicijes, 
and be subject to all the duties and requirements, coninin- 
ed in an act, passed the third day of March, in the year of 
our Lord one thousand eight hundred and nine, entitled 
*' An act defining the general powers and duties of Manu- 
facturing Corporations." 

Sec 2. Be it further enact ed/Y\\2tX said corporation 
M hold re- '"^y ^^ lawfully seized and possessed of such real estate, 
ai and per- not cxccediug the value of fifty thousand dollars, and such 
3Qnal estate, personal estate, not exceeding one hundred thousand dol- 
lars, as may be necessary and convenient for carrying on 
the manufacture aforesaid. 

[Approved by the Governor, February 24, 1814.] 



CHAP. CLV. 

An Act to establish The Stony Brook Manufacturing 
Company. 

Sec 1. X3E it enacted by the Senate and House of 
RepresentativeSy in General Court assembled, and by the 
Persons in- authority of the same, That David Gilbert, Josiah J. Fiske, 
corporatcd. Richard Briggs, Daniel Cook, Richard Sayles, and Wil- 
lard Sayles, together with such persons as have, or may be 
hereafter associated with them, their successors and as- 
signs, be, and hereby are made a corporation, by the name 
of The Stony Brook Manufacturing Company, for the pur- 
pose of manufacturing cotton and woollen cloth and yarn 
in the town of Wrentham, and county of Norfolk ; and 
for this purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements contain- 
ed 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 further enacted. That the said corporation 
^*y^^J^^^ *■*' may be lawfully seized of such real estate, not exceeding 
sonai eii^e. the valuc of thirty thousand dollars, and such personal es- 



AGRI. SOC— PROBATE HAMP. Feb. 24, 1814. 415 

tate, not exceeding seventy thousand dollars, as may be 
necessary and convenient for establishing and carrying on 
the manufactory as aforesaid. 

[xA-pproved by the Governor, February 24, 1814.] 



CHAP. CLVI. 

An Act to incorporate The Second Oxford Agricultural 

Society. 

Sec. 1. XjE it enacted hy the Senate anrf House of 
Representatives, in General Court assembled^ and by the 
authority of the same. That Robert Carr, Thomas Ciark, 
ShubaLl Tripp, Keuel Burrows, Gideon Cushman, Jun. ^"^J^^^' 
their associates and successors, be, and they hereby are 
made a corporation, by the name of The Second Oxford 
Agricultural Society ; and for this purpose shall have the 
same powers and privileges, and be subject to the like du- 
ties and restrictions, as the other incorporated Agricultural 
Societies in this Commonwealth. And the said corpora- 
tion may lawfully hold and possess real estate, not exceed- 
ing twenty thousand dollars, and the annual income of its 
personal estate shall not exceed two thousand dollars. 

Sec 2. Be it further enacted^ That any Justice of the 
Peace for the county of Oxford is hereby authorised to 
issue a warrant, directed to one of the members before Justice to ia- 
named, requiring him to notify and warn the first meeting ^"® warrant. 
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 election of the necessary officers. 
[Approved by the Governor, February 24, 1814.] 



CHAP. CLVII. 

An Act respecting the times and places for holding the 
Courts of Probate in the county of Hampshire. 

Sec 1. XJ^ it enacted hy the Senate and House of 
Representatives y in General Court assembled, and by the 
authority of the same^ That from and after the passing of 
this act, there shall be holden in the town of Belchertown, 



416 MASSA. GENERAL HOSPITAL. Feb. 24, 1814. 

in the county of Hampshire, two Courts of Probate in each 
year, at such places therein, and at such times in the year, 

Times and as the Judge of Probate for the said county shall appoint. 

Sin"co«rf' ^^^- 2- ^^ It further enacted, 'i'hat from and atter the 
passing of tliis act, the Judge of Probate for said county 
of Hampshire shall not be obliged to hold in the town of 
Amherst, in said county, more than two Courts of Probate 
in each year, to be holden therein at such times and places 
as the said Judge of Probate shall appoint, any law to the 
contrary notwithstanding. 

[Approved by the Governor, February 24, 1814.] 



CHAP. CLVIIL 

An Act in addition to an act, entitled " An act to incor- 
porate the Massachusetts General Hospital." 

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 Massachusetts General 

iSfay ffpant Hospital be, and the said corporation hereby is authorised 
to grant annuities on the life or lives of one or more per- 
sons, or for shorter terms of time, on such conditions, and 
with such security, as the said corporation and the annu- 
itant or annuitants, may agree upon. 

Sec 2. Be it further enacted. That if at any time here- 
after it shall appear to the Legislature, that the privilege 
of granting annuities, hereby given to the said corpora- 
tion, shall be injurious to the public welfare, the power 
of the Legislature to repeal this act, authorising such an- 
nuities, shall not be denied or impaired ; but such repeal 
shall not effect any engagement to which said corporation 
may have become a party previous thereto. And it shall be 
the duty of the Trustees of the said Massachusetts General 

Duties of Uie Hospital to transmit to the Governor and Council of this 
Commonwealth for the time being, annually, on the first 
Monday in January of each year, an accurate account of 
all annuities by them sold or granted, by virtue of this 
act, signed by the said trustees or a major part of them, 
and attested by the Treasurer of the corporation. 

[Approved by the Governor, February 24, 1814.] 



WATERTOVVN MANUFACTORY. /V^. 24, 1814. ^17 



CHAP. CLIX. 

An Act to incorporate The Watertown Woollen Manu-- 
factory Company, 

Sec. 1. J3E it enacted by the Senate and House of 
Hepresentatives in General Court assembled^ and by the 
autnority of the same. That Stephen Cook, Daniel Boyden, Persons in- 
James Cook, Thaddeus Cole, Isaac Patten, Aaron Clap, corporated. 
and Tyler Bigciow, with such as already have, or hereafter 
may associate with them, their successors or assigns, be, 
and hereby are made a corporation, by the name of The 
Warertovvn Woollen Manufactory Company, for the pur- 
pose of manufacturing woollen cloths in the town of Wa- 
tertown ; 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, passed the third day of March, 
in the year of our Lord one thousand eight hundred and 
nine, entitled " An Act defining the general powers and 
duties of Manufacturing Corporations." 

Sec 2. Be it further enacted^ That said corporation 
may be lawfully seized and possessed of such real estate, Mayholdj-e- 
not exceeding twenty thousand dollars, and such personal '"^^ *"^ p"" 
estate, not exceeding one hundred thousand dollars in va- 
lue, as may be necessary and convenient for the carrying- 
on the manufactory aforesaid. 

[Approved by the Governor, February 24, 1814.] 



CHAP. CLX. 

An Act in further addition to an act, entitled " An act 
defining the general power and duty of Turnpike Cor- 
porations." 

Sec 1. J3E it enacted by the Senate and House' of 
Representatives, in General Court assembled, and by the 
authority of the same. That every traveller, being about 
to pass any turnpike gate or toll bridge, within this Com- 
monwealth, and claiming to be exempted by law from the 
payment of toll, shall, if required by a toll gatherer, first 



418 TURNPIKE CORPORATIONS. Feb.24,,18U. 

deliver to him his name and place of abode ; and whoever 
shall, for the purpose of avoiding the payment of toll at 
Daty of tra- any such gate or bridge, wilfully give a false account to a 
veiiers- ^^jj gatherer of his name or place of abode, and thereby 
pass the gate, toll free, shall forfeit and pay to the use of 
such Corporation, for every such offeKce, the sum of ten 
dollars, to be recovered by the Treasurer of said Corpo- 
ration by action of debt. 

Sec 2. Be it further enacted^ That if any person or 
persons shall open or make any road or passway leading 
paTs^a*"'^ from any turnpike road within this Commonwealth, and 
reunite said road or passway with the same turnpike road 
or any other road connected therewith, with an intent and 
for the purpose of avoiding, or aiding others to avoid, any 
gate on such turnpike road, he or they shall forfeit and 
pay to the use of such turnpike Corporation, so intended 
to be injured, a sum not less than two hundred dollars, 
nor more than one thousand dollars, to be recovered by 
the Treasurer of such turnpike Corporation, in an action 
of trespass on the case : Provided however^ that nothing 
in this section contained shall be construed to extend to 
the opening or making of any county road. 

Sec 3. Be it further enacted^ That all loaded carts or 
waggons, passing on any turnpike road within this Com- 
monwealth, carrying more than forty-five hundred gross 
'Width of fei-^^^^^^» Shall, from and after the first day of July next, be 
Ices. drawn on wheels having each a felloe not less than three 

and an half inches wide ; and if any person or persons shall, 
after the said first day of July next, pass on any turnpike 
^ road in this Commonwealth with a cart or waggon loaded 

as aforesaid, with narrower felloes than is above provided, 
he or they shall pay to such Turnpike Corporation three 
times the legal toll for such loaded cart or waggon. 
Duty of the "'^"^ ^' shall be the duty of any person or persons drivmg 
Drivers. Or having the care of a loaded cart or waggon, passing on 
any turnpike road as aforesaid, upon the request of the 
toll gatherer, to give a true account of the weight of his 
load, and also his name and place of abode ; and if he shall 
refuse to give, or wilfully misrepresent the weight of his 
load, or shall give a false account of his name or place of 
abode, with intent to defraud any Turnpike Corporation, 
he shall forfeit and pay to the use of such Turnpike Cor- 
poration the sum of ten dollars for every such oifence, to 



TURNPIKF: corporations. Feb. 24, 1814. 419 

be recovered by the treasurer of such Turnpike Corpora- 
tion by action of debt. 

Sec. 4. Be it further enacted^ That if any owner or 
person, having the care of any drove of neat cattle or horses, 
and driving the same over any turnpike bridge, or over 
any toll bridge within this Commonwealth, shall permit 
more than tweiUy neat cattle or horses to be on any such Regulations 
bridee, which shall be more than fiftv feet in length from of Toiigath. 
one abutment, pier, or trusscl part to another, at one and 
the same time, without the consent of the toll gatherer or 
agent of said corporation ; or if any owner or person shall 
drive or transport over any such bridge, without the con- 
sent of the toll gatherer or agent thereof, any loaded cart 
or waggon, or other carriage, the weight whereof shall ex- 
ceed forty-five hundred gross weight, exclusive of the 
team and carriage, and shall thereby break down or injure 
such bridge, such person or persons, owner or owners, 
shall not recover any damages of the corporation owning 
said bridge. 

Sec 5. Be it further enacted^ That if any person drrv- 
ing or having the care of any loaded cart or waggon pass- 
ing on any turnpike road within this Commonwealth, from Loaded qar- 
and after the first day of July next, shall lock, chain, or '^'^^'*' 
fasten any of the wheels of such loaded cart or waggon, 
without putting under such locked, chained, or fastened 
wheel, an iron shoe, not less than six inches wide and 
twelve inches long, such person driving or having the care 
of such loaded cart or waggon, ''all for every offence for- 
feit and pay to such Turnpike C ^iporation a sum not less 
than two dollars, nor more than twenty dollars, to be re- ** 

covered by the treasurer of such Turnpike Corporation in 
an action of trespass on the case. 

Sec 6. Be it further enacted, That if any turnpike or 
bridge corporation, or any agent thereof, shall unreasona- 
bly delay or hinder any person, driving any cart or wag- Jgjlf ^*^ ^*^'' 
gon, sleigh or carriage, from passing any turnpike gate or 
toll bridge, such turnpike or bridge corporation shall for- 
feit and pay to such person so delayed or hindered, a sum 
not less than two dollars nor more than twenty dollars, to 
be recovered by such person by a special action of the 
case. 

[Approved by the Governor, February 24, 1814.] 

26 



Ppof)rIetors 



400 BEBA^TICOOK bridge. 1^'eh, ^4, 1814r. 



CHAP. CLXI. 

An Act in addition to jyi act, entitled *' An act to incor- 
porate certain persons, for tlic purpos'e of building a 
Brid^^e over Sebasticook river, in tht; town of Wins- 
low.'"' 

Sec. 1. XjE it enacted by the Senate cind House of 
Representatives, in General Co'urt assembled-, and by the 
authority of the same. That from and after the passing of 
this act, the proprietors of t?he Sebasticook Bridge, in the 

to erect sign town of Winslow, shall be obliged to erect and (?onstantly 

boai'd. keep exposed to public view, but one sign or board, upon 

which shall be written the rates of toll, and all tollable ar- 
ticles, in large and capital letters, any thing in the act in- 
corporating the said proprietors to the contrary notwith- 
standing. 

Sec. 2. Be it further enacted, That the location of the 
Sebasticook Bridge, in the town of Winslow, shall be 

B°Te^ °^ .deemed, iK^ld, and taken to be as valid and legal a loca- 
tion, as though the same had been signed, certifiedj and 
returned into the office of the Register of Deeds, in the 
county of Kennebeck, by the Selectmen of the town of 
Wiuslow, in three months from said location, as is pro- 
vided in and by the act incorporating the said proprietors. 
Sec. 3. Be it further enacted, Thiit the proprietors of 

Hates of toll ^^^ Sebastlcook Bridge, in the town of Winslow, from and 

after tife passing this act, shall be entitled to take and re- 

^ ceive, for all sheep and swine passing said bridge, the sum 

of six cents for each dozen, ai?d at that rate for a greater 

or less number. 

[Approved by the Governor, February 24, 1814.] 



CHAP. CLXII. 

An Act to incorporate The Maine Charity School, in the 
county of Hancock. 

Sec 1. JDE it enacted by the Senate arid House of 
Representatives, in General Court assembled, and by the 
aittlwrity of tht sutnOf That there be, ami hereby is estab- 



MAl^E CHARITY SCHOOL, Feb.25, 1814 421 

lishcd in the county of Hancock, a literary seminary, by 
the name of The Maine Clwrity School, for the purpose ^i^^^fj,^'^' 
of promoting religion and morality, and for the education 
of youth in such languages, and in such of the liberal arts 
and sciences, as the trustees thereof shall, from time to 
time, judge the most useful and expedient for the purpo- 
ses of said seminary, and as they may accordingly order 
and direct. 

Sec 2. Be it further eimctvd. That the number of the y^^^,^j. ^ 
said trustees shall never be more than fifteen nor less than Trustees 
nine, seven of whom shall be a quorum for doing busi- I'mltea. 
ness ; and the said trustees who are by this act, with their 
associates and successors, created a corporation and body 
politic, shall be, and hereby are declared to have perpetual 
succession, with all the powers and privileges actually 
given to, and exercised and enjoyed by other institutions 
of the like nature and purpose. And the said corporation 
shall have and use a common seal, subject to alteration and 
change, when they see cause ; and all deeds or other in- 
struments, given by said trustees, shall be sealed with said 
seal, and when signed, sealed, executed, acknowledged, 
and delivered, by the treasurer of 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 President, Vice Pre- Rmpoweret 
sident, Secretary, and Treasurer, and to appoint such other to elect ofR 
officers and instructors in said seminary, as th.ey may, from *^^'^' 
time to time, judge necessary ; to fix the tenure of their 
respective officers, and to define their several powers and 
duties; to vacate the place of any trustee, officer, or in- 
structor, when, in their opinion, by reason of age, miscon- 
duct, or other cause, he has become incapable of discharg- 
ing the duties of his office ; to fill all vacancies which may 
so happen ; to fix the times and places for holding the 
meetings of said corporation, and the mocie of notifying 
the members ; and to prescribe and establish such reason- 
able ordinances, statutes, and bv-laws, as will best pro- Cy-^ws, 
mote and cultivate a temper oi subordination, and a just 
and mild government in said seminary ; and to annex rea- 
sonable penalties for neglect of duty or a breach of the 
laws : Provided hoxv every That such ordinances, statutes, p^^viso 
and by-laws> shall never be repugnant to the constitution 



422 



FRANKFORT FACTORY. 



Feb. 25, 1814. 



and laws of this Commowwcalth. And the said trustees 
shall be the visitors, overseers, and governors of said sem- 
inary ; but no one shall ever be a trustee, or hold any office 
in said seminary, who is not a native born citizen. 

Sec. 4. Be it further enacted., That saidirustees, in be- 
May hold re- half of Said seminary, may receive andhold in fee simple, or 
ai and per- otherwise, bv crift, r^rant, demise, devise, bequest or other- 

sonal estate. . ', ^ ,^ "^ .\ ^ ^ i ^ , n j j 

Wise, any lands, or other estate, real or personal : rroviaea 

the annual income thereof shall not exceed the sum of 
fifteen thousand dollars ; and the said trustees may sell, 
demise, grant, or otherwise dispose of the same, and ap- 
ply the proceeds, rents, and profits thereof in such way, 
as they may judge will be most conducive to the general 
interest of said seminary, and the promotion of piety and 
literature. And said corporation are hereby made capa- 
ble in law to sue and be sued, in all actions, real, personal 
and mixed, and to prosecute and defend the same to final 
judgment and execution, by the name of The Maine Cha- 
rity School, and said trustees may at any time appoint an 
agent to prosecute or defend such suit. 

Sec. 5. j?^ zY /wr^er enac/ei/, That Rev. John Sawyer, 
Kiah Bay ley, Eliphalet Gillet, William Jenks, Mighill 
Blood, Asa Lyman, David Thurston, Harvey Loomis, 
Hon. Ammi R. Mitchell, and Samuel E. Dutton, Esq. be, 
and they hereby are appointed and constituted the first 
board of trustees for said seminary, by the name of The 
Trustees of the Maine Charity School. • 

Sec 6. Be it further enacted., That Samuel E. Dutton, 
Esq. is hereby authorised to appoint the time and place 
of holding the first meeting of said trustees under this act, 
by giving written notice thereof to each and every one of 
said trustees. 

[[Approved by the Governor, February 25, 1814.] 



Trustees ap 
pointed. 



First Meet- 



CHAP. CLXIH. 

An Act to establish a Cotton and Wool Factory Company 
in the town of Frankfort. 

Sec 1. J3E it enacted by the Senate and House of 
licpresentatives, ifi General Court assembled^ and by the 
nuthority of the saine, That Pbilo H. Washburn, Simeon 



SALEM PILOTAGE. Feb.25,lSU. 423. 

» 

Kenney, Tisdale Dean, William M'Glathry, and Seth ^'^"^"^Jj' 
Kempton, togetlier with such others as may hereafter as- *^°'' 
sociate with them, and their successors and aiisigns, be, 
and they are hereby made a corporation, by the name of 
The Frankfort Cotton and Wool Factory Company, for 
the purpose of manufacturing cotton and woollen cloth 
and yarn in the said town of Frankfort, in the county of 
Hancock ; and for this 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 powers and 
duties of Manufacturing Corporations," passed the third 
day of March, in the year of our Lord one thousand eight 
hundred and nine. 

Sec 2. Be it further enacted, That said corporation, May hold re- 
in their corporate capacity, may lawfully hold and possess ^on^l'^gSe 
real estate, not exceeding twenty thousand dollars, and 
personal estate, not exceeding forty thousand dollars, for 
carrying on the manufactory aforesaid. 

[Approved by the Governor, February 25, 1814.] 



CHAP. CLXIV. 

An Act making further provision for regulating Pilotage 
in the Port of Salem. 

Sec. 1. X^E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the saine. That whenever any person shall ob- 
tain from the Salem Marine Society, or the Salem East- 
Lidia Marine Society, a certificate, that in the opinion of 
cither of said societies, he is capable and suitable to un- 
dertake the business of pilotage, inta or out of the port of 
Salem, and that the appointment of such person, as an in- 
ward, or outward pilot, or both, w^ould conduce to the 
public service, the Governor with advice of Council be. Governor t» 
and he is herebv empowered to tnant to such person a '**?"*: 
commission, or branch, for him to exercise such pilotage 
as aforesaid, with power of substitution in certain cases to 
be therein prescribed, and the same to de-ntand, and recall 
whenever either of said societies shall certify that thesui(i 



com- 
mission. 



464 llECORDS, BARNSTABLE. 



Feb. 25, 1814. 



Power and 
duty of i'i- 



person is rendered incapable or improper to be continued 
in said business, or that in the opinion of said society, 
such pilot is no lonj^er required by the public interest. 

Sec. 2. Be it further enacted^ That the pilots and their 
deputies, appointed by virtue of this act, shall have all the 
authorities, perform all the duties, and be subject to all 
the requirements, provided in an act, entitled *' An act 
for regulatinj^ pilotage in several ports in this Common- 
wealth," madf and passed on the eleventh day of July, ih 
the year of our Lord one thousand seven hundred and 
eighty three, so for as the same shall apply to the particu- 
lar pilotage, to which they may respectively be apppoint- 
ed, and the fees of the said pilots shall be determined and 
fixed by the Governor and Council, in manner as is pro- 
vided in the fifth section of the said act ; all the provisions 
of which act shall apply to them, except so far as may be 
inconsistent with the provisions of this act. 

Sec 3. Be it further enacted^ That so much of the said 
act for regulating pilotage in several ports in this Com- 
monwealth, as empowers the Governor with advice of 
Courrcil, to appoint two pilots for the port of Salem, be, 
and the same hereby is repealed. 

Sec 4'. Be it further enacted^ That the societies before 
Chops of the n^nied may determine what shall be considered the " chops 
Harbonr. of the harbours of Salem," for the purposes stated in the 
seventh section of the "Act for regulating pilotage in seve- 
ral ports in this Commonwealth ;" and report their deter- 
ininationto the Governor and Council, who shall publish 
the same for the information of all persons concerned. 
[Approved by the Governor, February 25, 1814.] 



Part of act 
repealed. 



CHAP. CLXV 



An Act to establish the place of keeping the Records of 
the Probate Court, in the county of Barnstable. 



B 



>E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority -of the sajne. That from and after the first day of 
May next, the Records of the Court of Probate in the 
po-unty of Barnstable, and all books and papers, belong- 



UNIVERSALIST SOCIETY. Feb. 25, 1814. 425 

ing to said court, shall be deposited and kept in the fire ^^*<^^ °^ 
proof buildings erected in the town of Rirnstable, within rS"^8,&'c. 
the said county ; and the Register of Probate for said 
county, shall at all times hereafter, there give his atten- 
dance, for a due and faithful discharge of the duties of his 
oflice. 

[Approved by the Governor, February 25, 1814.] 



CHAP. CLXVI. 

An Agt to incorporate The Universalist Religious Society 

in Warwick. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same. That Joshua Atwood, Ebenezer persons in\ 
Williams, Thomas Atwood, Nathan Atwood, Jonathan corporatecU 
Patch, Jonathan Smith, Jonas Watts, AbnerGoodell, Oba.- 
drah Bass, George Stock well, Joseph Smith, Levi Stearns, 
John Stearns, Ephraim Robbins, John Gale, Jame& Stock- 
well, Jacob Rich, Reuben Rich, Amory Gale, Ebenezer 
Bancroft, William Bancroft, Thomas Bancroft, John 
Smith, Eliot Rawson, Philip Atwood, and Eleazer W. 
Wilber, with their families and estates, be, and they are 
hereby incorporated into a religious society, by the name 
of The Universalist Religious Society in Warwick, with all 
the powers and privileges, and subject to all the duties ^'?'^j^ ^'^'^ 
and requirements, to which parishes are entitled and sub- P*^^^^^"'- 
jected by the constitution and laws of this Commonwealth : 
Provided, That all such persons shall be holden to pay Pr<^vlso. 
their proportion of all monies granted and assessed in said 
town of Warwick, for parochial purposes, prior to the 
passing of this act. 

Sec. 2. Be it further enacied, That any person belong- 
ing to said town of Warwick, being of the Universalist 
denomination, who may hereafter actually become a mem- 
ber of, «ind unite in religious worship with the said soci- Manner of' 
cty, and give 'u\ his or her name to the clerk of said town, mem'ber; * 
with a certificate of the mmistjsr, or clerk of said society, 
that he or she has actually become a member of and unit- 
ed in religious worship witU said Universalist society, 



426 



SOCIAL INSUR. COMPANY. 



Feb. 26, 1814. 



Blanner of 
leaving-. 



Proviso. 



Justice to is- 
sue warrant 



fourteen days at least l^efore the town meeting therein 
held in the month of March or April, shall from and after 
the giving- in such certificate, be considered a member of 
said society. 

Sec. 3. Be it further enacted. That if any member of 
said Universalist society, shall at any time hereafter, see 
cause to leave the same, and unite in religious worship 
with the parish in which he or she may reside, and shall 
lodge a certificate of such his or her intention, with the 
clerk or minister of said Universalist society, and also with 
the clerk of the town, fourteen days at least before the an- 
nual town meeting to be held therein, in the month of 
March or April ; such person shall be considered from 
and after giving in such certificate, as belonging to the 
tov.n or parish, in which he or she may reside, in the same 
manner, as if lie or she had never belonged to said Univer- 
salist society : Provided^ That every person leaving one of 
said religious societies, and attaching himself to the other, 
according to the provisions of this act, shall be holden to 
pay his proportion of all monies previously granted and 
assessed upon him for parochial purposes. 

Sec 4. Be it further enacted^ That any Justice of the 
Peace for the county of Franklin, is hereby authorised to 
issue his warrant directed to some suitable member of said 
Universalist society, requiring him to notify and warn the 
members thereof to meet at such time awd place, as may 
be appoinied in said warrant, to choose such officers as 
parishes are by law authorised to choose in the month of 
March or April annually. 

[Approved by the Governor, February 25, 1814.] 



CHAP. CLXVII. 



An Act in further addition to an act, entitled " \n act es- 
tablishing a Corporation by the name of The Social In- 
surance Company." 

Sec 1. XjE it enacted by tlie Senate and House of 
RepresentativeSy in General Court assembled, and by the 
<iuthoritij of the same. That the Social Insurance Compa- 
ny in Salem, at their annual meeting, on the third Monday 



UNIVERSALIST SOCIETY. Feb. 26, 1814. 427 

of April next ensuing, may elect in the manner prescribed 
in the third section of " An act establishing a corporation 
by the name of the Social Insurance Company," a number Election of 
of Directors not exceeding seven, who may from their °*"'"^- 
number elect a President, if they see fit ; and who shall 
hold their offices until the business of the said company- 
shall be settled, and the stock divided among the stock- 
holders ; and who shall manage and conduct the stock, 
property, affairs and concerns of the said company, until omfpeTtV 
the same shall be wholly settled ; and any vacancy arising 
in the number of Directors so chosen, may be filled in the 
manner prescribed by the said act. 

Sec 2. Beit further enacted^ That the Directors of 
the said Social Insurance Company, in pursuance of a vote 
of the stockholders, be, and they hereby are authorised to 
close the concerns of the said company, and divide the cap- Division of 
ital stock, and the property and effects belonging to the property. 
said company, among the stockholders ; and as soon a& 
the affairs of the said company can be adjusted and settled, 
to dissolve the said corporation. And neither the said Maydissoive 
company, nor the directors on their behalf, shall have pow- corporation. 
er and authority to make insurance hereafter upon vessels, 
money, freight, or any property, or against any risks what- 
ever : Provided always^ That the said company shall make prqjiriso. 
no dividend of their capital stock, until all the debts of the 
said company shall be paid, and all out-standing risks shall 
be adjusted and finally settled. 

Sec 3. Be it further enacted^ That the sixth and twelfth 
sections of an act, establishing a corporation by the name 
of The Social Insurance Company, and also such other 
parts of that act, and of the act in addition to the same, as Pai>tof act 
are inconsistent with the provisions of this act, be, and the repealed. 
same are hereby repealed. 

[Approved by the Governor, February 26, 1814.] 



27 



Actamended 



428 BANGOR BANK. Feb. 26, 1814. 



CHAP. CLXVIII. 

An Act in addition to an act, entitled " An act for the en- 
couragement of Literature, Piety and Morality, and the 
useful Arts and Sciences." 

Sec. 1. XJE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the smne. That the act, entitled " An act for 
the encouragement of Literature^ Piety and Morality, and 
the useful Arts and Sciences," be, and the same is hereby 
so far amended, that a sum equal to the sum now paid by 
the President and Directors of the Massachusetts Bank, as 
a tax to this Commonwealth, shall be paid by the treasurer 
of this Commonwealth, out of the sums which may be 
hereafter paid into the treasurj^^ of this Commonwealth, by 
the several banks now incorporated, or which may hereaf- 
ter be incorporated by the authority of this Common- 
wealth, to the several corporations, in the proportions, for 
the uses, and during the period specified in the first section 
of the act hereby amended, instead of being paid by the 
President and Directors of said Massachusetts Bank. 

Sec 2. Be it further enacted. That the President and 
Directors of the Massachusetts Bank aforesaid, shall pay 
shalipay in- the sum reserved to be paid to this Commonwealth, into 
to tiie ti-eas- jj^g treasury of this Commonwealth, in the same manner as 
if the aforesaid act had never been passed, instead of pay- 
ing the same to the several corporations, as in the said act 
is provided. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXIX. 

An Act to incorporate The President, Directors and Com- 
pany of the Bangor Bank. 

Sec. 1. XJE it enacted by the Senate aiid House of 
Representatives, in General Court assembled, and by the 
authority of the same, That William Rice, Joseph Leav- 



BANGOR BANK. Feb. 26, J814. 429 

itt, Samuel E. Button, Amos Patten, Joseph Carr, Wil- J'"'^"^t«i' 
liam Emerson, Abner Taylor, James B, Fisk, James Bart- 
lett, John Emerson, and Moses Patten, their associates, 
successors and assigns, shall be, and hereby are created a 
corporation, by the name of The President, Directors and 
Company of the Bangor Bank, and shall so continue until 
the first day of October, which will be in the year of our ^oraul^ftr 
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 sjued, plead and be impleaded, defend and 
be defended, in any courts of record, or any place what- 
ever ; and also to make, have, and use a common seal, 
and to ordain, establish, and put in execution such by- 
laws, ordinances and regulations, as to them shall 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 Proviso. 
in no wise be contrary to the constitution and laws of this 
Commonwealth ; and the said corporation shall be always 
subject to the rules, restrictions, limitations and provi- 
sions herein prescribed. 

Sec 2. Be it further enacted. That the capital stock Amount of 
of said corporation shall consist of the sum of one hun- capital stock 
dred thousand dollars, in gold and silver, divided into share°^ ^*^*^ 
shares of one hundred dollars each, which shall be paid in 
four equal instalments ; the first, on the first day of Janu- 
ary next ; and the residue at such times as the President 
arid Directors may order, giving such notice as may be 
provided in the by-laws of said corporation. 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 enter- 
ed on the books of said corporation, shall be binding on 
the stockholders, their successors and assigns ; and the 
said corporation are hereby made capable in law, to have, 
hold, purchase, receive, possess, enjoy and retain, tathem, 
their successors and assigns, lands, rents, tenements and ai estate and 
hereditaments, to the amount of thirty thousand dollars, amount. 
and no more at any one time ; with power to bargain, sell 
and dispose of the same, and to loan and negotiate their 
monies and effects, by discounting on banking principles, 
on such security as they shall think proper : Prov'idedhow- Proviso. 
ever^ That nothing herein contained shall restrain or pre- 



mo BANGOR BANK. Feb. 26, 1814. 

vent the said corporation from taking and holding real es- 
tate in mortgage, or on execution, to any amount, as se- 
curity for, or in payment for any debt due to the said 
corporation : And provided further, That no money shall 
be loaned or discounts made, nor shall any bills or promis- 
sory notes be issued from said bank, until the capital sub- 
scribed and actually paid in, and existing in gold and sil- 
ver, in their vaults, shall amount to twenty-five thousand 
dollars. 

Sec 3. Be it further enacted^ That the rules, limita- 
tions and provisions which are provided in and by the 
third section of an act, entitled "An act to incorporate the 
President, Directors and Company of the State Bai.k,'' 
Proviso. shall be binding on the bank hereby established : Provid- 
ed^ 'Hiat the bond required to be given by the Cashier, 
shall be given in the penalty of twenty thousand dollars ; 
and the number of Directors to be annually chosen, shall 
be five, and three may constitute a quorum for the trans- 
Debts not to action of business : And provided also^ that the amount of 
exceed 100 dcbts at any time due from said bank, shall not exceed 
per sent. (Joublc the amount of their capital stock actually paid in. 
Bank wiT«re Sec. 4. Be it further enacted, That said bank shall be 
established, established and kept in the town of Bangor. 

Sec 5. Be it further enacted. That whenever the Com- 
fhe*Common°-^"ori^^^'i^^h ^^'^Y ^'^quire it, the said corporation shall loan 
wealth. to the Commonwealth, any sum of money which may be 
required, not exceeding twenty thousand dollars, at any 
one time, reimbursable by five annual instalments, or at 
any shorter period, at the election of the Commonwealth, 
with the annual payments of interest, at a rate not exceed- 
Proviso. iiig five percent per annum : Provided hoxv ever. That the 
Commonwealth shall never, at any one time, stand indebt- 
ed to the said corporation without their consent, for a 
larger sum than thirty thousand dollars. 

Sec 6. Be it further enacted. That any committee, 
committe^e Specially appointed by the Legislature for that purpose, 
mayexamine shall have a right to examine into the doings of said cor- 
books, Sec. pQ,.,jtion, and shall have free access to all their books and 
vaults ; and if upon such examination it shall be found, 
and after a full hearing of said corporation thereon, be de- 
termined by tiie Legislature, that said corporation have 
exceeded the powers herein granted them, or failed to 
comply with any of the rules, restrictions or conditions in 



BANGOR BANK. Feb.^e, 1814. 431 

this act provided, the incorporation shall thereupon be de- 
clared forfeited and void. 

Sec. 7. Be it further enacted. That the persons here- 
in before named, or a raajority of them, are authorised to Miiy call a 
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 three weeks 
successively in the Columbian Centinel printed in Boston, 
and by posting notifications in one or more public place 
in the town of Bangor, for the purpose of making, ordain- 
ing, ap.d estabhshing such by-iaws, ordinances and regu- 
lations for the orderly conducting the affairs of said Cor- 
poration, as the stockholders shall deem necessary, and for 
the choice of the first board of Directors, and such other 
officers as they shall see fit to choose. 

Sec. 8. Be it further enacted, That it shall be the duty gj^^^j, ^p^,,, 
of the Directors of said Bank, to transmit to the Governor mitstatement 
and Council of this Commonwealth for the time being, o^ accounts. 
once in six months at least, and as much oftener as they 
may require, accurate and just statements of the amount 
of the capital stock of said corporation, and of the debts 
due 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 state- 
ment 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. Be it further enacted, That the Commonwealth Common, 
shall have a right, whenever the Legislature shall make siJSscribr^*' 
provision by law, to subscribe, on account of the Com- 
monwealth, a sum not exceeding fifty thousand dollars, to 
be added to the capital stock of said company, subject to 
such rules, regulations and provisions, as shall be by the 
Legislature made and established, as to the management 
thereof. 

Sec 10. Be it further enacted. That the said corpo- 3i,;^jj ^,^^. 
ration shall be liable to pay, to any bona fide holder, the cotuueifeit 
original amount on any note of said bank, altered in the ^^ "^'^'^*- 
course of its circulation to a larger amount, notwithstand- 
ing such alteration. 

Sec 11. Be it further enacted. That the said corpora- , , ,. 
tion, from and after the first day of January next, shall pay ioUieTreiis- 
by way of tax to the tresisurer of this Commonwealth, for "^t^^- 



432 NAMES ALTERED. Feb. 26, 1814. 

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, 
Proviso. have been actually paid in: Provided how ever ^ That the 
same tax, payable in manner aforesaid, shall be required 
by the Legislature of all banks hereafter incorporated with- 
in this Commonwealth : And provided further^ That no- 
thing 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 Com- 
monwealth, whenever they may think proper so to do. 
Sec 12. Be it further enacted. That one tenth part of 
Amount ap- ^^g vvholc fund of Said bank shall always be appropriated 
to*ioar«.^ to loans, to be made to the citizens of this Commonwealth, 
and wherein the Directors shall wholly and exclusively re- 
gard 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 mortgage of real estate, to the satisfaction of the Direct- 
ors of said bank, for a term not less than one year, and on 
condition of paying the interest annually on such loans, 
subject to the forfeitures and right of redemption, as is 
by law provided in other cases. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXX. 

An Act to alter and change the Names of certain Persons 
therein mentioned. 

XjE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by tlie 
authority of the same, That from and after the date of the 
passing of this act,Thomas Kendall, of Boston, in thecoun- 
Names alter- ty of Suffolk, sail- maker, shall be allowed to take the name 
ed & chan^- Qf Thomas Boyd Kendall ; that Silas Cheney, of the same 
Boston, shall be allowed to take the name of Samuel S. 
Cheney ; that John Torrey, son of Samuel Torrey, of 
Boston aforesaid, shall be allowed to take the name of 
John Gore Torrev ; that Asa Dennet, a citizen of the 



NAMES ALTERED. Feb. 26, 1814. 433 

United States of America, and resident at said Boston, 
shall be allowed to take the name of Charles A. Dennet ; 
that John Reed, of Boston aforesaid, son of Benjamin Reed, 
of Milton, in the county of Norfolk, shall be allowed to 
take the name of John Walter Reed ; that Ebenezer Up- 
ton, Jun. of Danvers, in the county of Essex, shall be al- 
lowed to take the name of Eben Sprague Upton ; that 
Mercy Smith, an infant daughter of James Smith, of Mar- 
blehead, in said county of Essex, merchant, shall be allow- 
ed to take the name of Mercy Abigail King Smith ; that 
Moses Moody the 3d, of Newburyport, in the county of 
Essex aforesaid, merchant, shall be allowed to take the 
name of Moses Frederick Moody ; that Lorenty Spitzen- 
field Colby, an infant son of John Colby, of Salisbury, in 
said county of Essex, shall be allowed to take the name of 
Edwin John Colby ; that George Bartlett 2d, of Charles- 
town, in the county of Middlesex, son of the Hon. Josiah^ 
Bartlett, of the same place, shall be allowed to take the 
name of George Frederick Bartlett ; that William Porter, 
of Charlestown aforesaid, shall be allowed to take the name 
of Frederick William Porter ; that Timothy Burbank, of 
Sherburne, in said county of Middlesex, shall be allowed 
to take the name of Timothy Kendall ; that Lysander Bas- 
com Loveland, an orphan boy, and son of the late Epaph- 
roditus Loveland, of Greenfield, in the county of Franklin, 
deceased, shall be allowed to take the name of Lysander 
Loveland Bascom ; that Mary Gilford, of Westport, in the 
county of Bristol, shall be allowed to take the name of 
Mary Ann Wilbour Gifford ; that Adam Briggs, a minor, 
and son of the late Susanna Harrington, of Orange, in the 
county of Franklin, shall be allowed to take the name of 
Adams Harrington ; that John Rice, of Boston, in the 
county of Suffolk, son of the late Major John Rice, of the 
same Boston, shall be allowed to take the name of John 
H. Rice. 

And the several persons before named, from the time of 
the passing of this Act, shall be called and known by the 
names which, by this act, they are respectively allowed to 
take and assume as aforesaid ; and the said names shall 
forever hereafter be considered as their only proper and 
legal names, to all intents and purposes. 

[Approved by the Governor, February 26, 1814,] 



4S4 BOYLSTON'S DONA.—DEBTORS. Feb. 26, 1814. 



CHAP. CLXXI. 

An Act in addition to an act, entitled " An act to incor- 
porate Oliver Wendell and others, together with the 
Overseers of the Poor of the town of Boston, for the 
time being, by the name and title of The Trustees of 
John Boylston's Charitable Donations, for the benefit 
and support of aged poor persons, and of orphans and 
deserted children." 

J3E H enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same. That the corporation constituted by 
an act, entitled "An act to incorporate Oliver Wendell 
and others, together with the Overseers of the Poor of the 
town of Boston, for the time being, by the name and title 
of The Trustees of John Boylston's Charitable Donations, 
Corporation for the benefit and support of aged poor persons, and of 
authorisedto Qrphaus and deserted children," be, and hereby are author- 

bindoutpoor . * , , , i • ■« ^ • • ^ r -i* 

persons, &c. iscd and empowered to bmd out m virtuous tamilies, or 
to reputable trades, or useful arts or occupations, such poor 
persons, orphans, or deserted children, as receive, or may 
hereafter receive the benefit of the said Boylston's charita- 
ble donations, until they arrive to the age of twenty-one 
years, in such manner as to the said corporation may seem 
expedient ; and for this purpose shall have authority to es- 
tablish any rules and regulations, and enter into any inden- 
ture or covenant relative to such objects, not repugnant to 
the laws of this Commonwealth, as the said corporation 
may deem necessary or expedient. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXn. 

An Act in addition to an act, entitled ** An act exempt- 
ing certain goods and chattels of Debtors from attach- 
ment and execution." 

XjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the samcy That from and after the passing of 



BOSTON COURT. Feb.2&, 1814. 435 

this act, every citizen of this Commonwealth shall have a 

right to hold the following goods and chattels, altogether chau'irex- 

exempted from attachment on mesne process and execu- empiedfrom 

tion, viz. six sheep, and two tons of hay for the use of »"*<=^"*^"*' 

said sheep and for the use of a cow, which is exempted 

from attachment by the act to which this is in addition : 

Provided, That from the first day of October to the first 

day of April in each year, no more than six sheep shall be 

exempted from attachment : And provided also. That the Proviso. 

value of said sheep shall, in no case, exceed the sum of 

thirty dollars. 

[/Approved by the Governor, February 26, 1814.] 



CHAP. CLXXIII. 

An Act establishing a Court of Common Pleas within and 
for the county of Sufiblk, to be styled The Boston Court 
of Common Pleas. 



HEREAS, from the peculiar situation and 
circumstances of the town of Boston, great delays now Preamble 
exist in the administration of justice therein, to the great 
injury of the citizens thereof: 

Sec 1. Be it therefore enacted by the Senate and House 
of Representatives^ in General Court assembled, and by the 
authority of the same. That from and after the 28th day of Court estab- 
March next, there shall be a Court of Common Picas hold- 
en at Boston, within and for the county of Suffolk, on the 
first Tuesdays of the months of January, March, May, 
July. September, and November in every year, to be 
styled " The Boston Court of Conuiion IMeas ;" wiiich xame. 
Court shall be hoiden by one substantial and discreet per- 
son, learned in the law, who shall be appointed by the 
Governor and Council, and qualified according to the con- 
stitution, and hold his office during good behaviour; 
which Court, so constituted, shall have jurisdiction of all Jurisdiction, 
causes of a civil nature, now cognizable by the Circuit 
Court of Common Pleas, whetiicr original or appellate ; 
and the Judge of the said Court shall receive the same 
fees and compensation for his services, as Judsre of the Compensa 

. , r^ * , , r ■ r \ r^- • r> ^ tion of Just- 

said Court, as the three Justices ot the Circuit Court ol ices, 
28 



436 BOSTON COURT. Feb. 26, 1814. 

Common Pleas for the Middle Circuit now receive for 
their services within the county of Suffolk, and in the 

Proviso. same manner : Provided nothing in this act shall be so 
construed as to affect the original or appellate jurisdiction 
given by law to the Supreme Judicial Court, to the Mu- 
nicipal Court for the town of Boston, and to the Court of 
Sessions holden within the county of Suffolk. 

Sec 2. Be it further enacted. That the person to be 
appointed as aforesaid, shall also have original and con- 
current jurisdiction of all civil actions arising in the 
county of Suffolk, under the sum of twenty dollars, in 
the same manner and with like powers as Justices of the 
Peace within said county of Suffolk now have jurisdic- 
tion, and shall hold a Court, to be styled tlie Town Court, 
for the summary trial, without jury, of all such last men- 
tioned actions, on the Wednesday of every week in the 

Appeal may year. And any party aggrieved at the judgment of said 

be made. Town Court, may appeal therefrom to the next regular 
term of the said Boston Court of Common Pleas ; and 
shall, before his appeal is allowed, recognize with a surety 
or sureties, to be approved by the Court, in such reason- 
able sum as the Court shall order, to pay all intervening 
damages, and to prosecute his appeal with effect ; in which 
case such actions shall be tried in the same manner as if 
originally commenced there ; and no further or other ap- 
peal or review shall be had on such actions, except such 
as by law is now allowed, in similar cases, in the Circuit 
Court of Common Pleas, in the several counties within 
this Commonwealth. — tiut questions of law may be re- 
served by the said Judge, and the party supposing him- 
self aggrieved by any opinion, decision or judgment, may 
file his exceptions thereto, and the same proceedings shall 
be had thereon at the Supreme Judicial Court, which 
shall be holden next after in the same county, as are pro- 
vided by law, when the Supreme Judicial Court is holden 

T'M, by one of the Justices thereof. — And the fees in all ac- 

tions originally commenced in said Town Court, shall be 
the same as by law are now taken and received by Justices 
of the Peace in the trial of civil actions ; and the original 
papers in such actions shall be used on the appeal, in the 
same manner as if such actions had been originally brought 
to the Boston Court of Common Pleas. — And the said 
Judge shall have power, from time to time, to appoiiit a 



BOSTON COURT. Feb. 26, 1814. 437 

clerk to attend him and record all his proceedings as 
Judge of the Boston Court of Common Pleas, which clerk 
shall be under oath to the faithful performance of the du- 
ties of his office, and shall hold his office duririig the pleas- 
ure of the Supreme Judicial Court : Provided however^ Proviso. 
That the present clerks of the Supreme Judicial Court and 
the Circuit Court of Common Pleas, within the county of 
Suffi)lk, shall be the joint clerks of the said BostonCourt of 
Common Pleas, during the pleasure of the Judge thereof. 
And the said Judge of the said Boston Court ot Common 
Pleas shall have power, from time to time, to appoint a 
clerk being commissioned as a Justice of the Peace for 
said county, to attend him in the said Town Court, who 
shall be styled the the Recorder of the Town Court, and 
whose duty it shall be to record all proceedings of said Duty of the 
Court ; and in case of the death or absence of the said Recorder. 
Judge of the said Town Court, it shall be the duty of said 
Recorder, and he is hereby fully empowered, to hold the 
said Court, and to transact the business thereof in the same 
manner as the said Judge of the said Town Court might, 
could, and ought to do, if he were personally present 
to hold the same ; which Recorder of said Town Court 
shall be under oath to the faithful performance of the du- 
ties of his office, and shall hold his office during the pleas- 
ure of said Judge ; and for a compensation for his services 
as clerk, as aforesaid, shall receive one third part of the Compensa- 
fees now by law taxed by Justices of the Peace in civil tionof. 
actions, and the residue thereof shall be received by the 
Judge of said Town Court, for his compensation therein. 
And the said Judge of the said Court, and the Recorder in 
the absence of said Judge, shall have power by proclama- 
tion of the Sheriff of the said county of Suffolk, or of his 
deputy, or of any officer attending on said Court, to ad- 
journ the same from time to time, as necessity may re- 
quire. 

Sec 3. Be it further enacted. That the Judge of the 
said Boston Court of Common Pleas shall have power to powerofthe 
make any orders for the regular administration of justice Judge. 
in the same, and likewise in the said Town Court, as shall 
not be inconsistent with the constitution and the laws of the 
Commonwealth ; and likewise to adjourn the said Court 
from time to time, as may be necessary for the public 
good : and when it shall so happen that the Jud'^- - • 



438 



BOSTON COURT. 



Feb.26y 1814. 



processes. 



said Boston Court of Common Picas shall be deceased, or 
Provision in ^\^^\\ \^q providcnliallv detained from attendinc: at the time 

CASC OI JlD" . 

senceor and place at which said Court b}' law, or by any previous 
death. adjournment, was to have been held, the said Court may 

be adjourned by the Sheriff' of the county of Suffolk, or 
his deputy, unto a further day, and so from time to time, 
until a new Judge shall be appointed, or the said Court be 
convened, and shall cause publication thereof to be made 
in writing in two or more of the most public places in the 
county of Suffolk, and in one of the public newspapers 
Of writs amd printed in the town of Boston. And all writs and pro- 
cesses issuing from the said Boston Court of Common 
Pleas, and the said Town Court, shall be in the name of 
the Commonwealth of Massachusetts, and bear test of the 
Judge of said Courts, unless he be a parry, (in which case 
the same shall be sued out from the Clerk's office of the 
Supreme Judicial Court, and be made returnable to said 
Court,) and be under the seals of said Courts, and signed 
by the clerks of said Courts respectively ; and all writs and 
processes from said Boston Court of Common Pleas shall 
have force, be obeyed and executed in every county within 
the Commonwealth, and all writs and processes from the 
said Town Court shall have force, be obeyed and executed, 
throughout the county of Suffolk. 

Sec. 4. Be it further enactedy That all actions, suits, 
matters and things whatsoever, which may be pending in 
the Circuit Court of Common Pleas, within the county of 
Suffolk, on the twenty-eighth day of March, in the year 
of our Lord one thousand eight hundred and fourteen, 
and all writs and processes of every kind whatsoever, re- 
turnable to said Circuit Court, and which would have had 
day therein if this act had not been passed, shall be sus- 
tained, returnable to, and have day in, and be fully acted 
upon by the said Boston Court of Common Pleas, at the 
first term thereof; and all parlies, jurors, witnesses and 
other persons, in any manner held or bound to appear in 
the Circuit Court of Common Pleas, which would have 
been holden in and for the said county of Suffolk, on 
the last Tuesday of March, in the year of our Lord eigh- 
teen hundred and fourteen, if this said act had not been 
passed, shall be held and bound under the same penalties, 
to appear in the said Boston Court of Common Pleas, at 
the first term thereof. And the said Boston Court of 



Actions, 
suits, &c. 



Parties, ju- 

rors, &c. 



APPEALS AND REVIEWS. Feb. 26, 1814. 439 

Common Pleas, shall grant execution to carry ioto effect 
any judgment heretofore rendered in the Circuit Court of 
Common Pleas within and for the county of Suffolk, in 
the same manner as the said Circuit Court of Common 
Pleas might and ought to have done, if this act had not 
been passed. 

Sec 5. Be it further enacted^ That so much of the 
act, entitled an act establishing Circuit Courts of Com- 
mon Pleas within this Commonwealth, as relates to their 
jurisdiction within the county of Suffolk ; and all other . , , , 

J J ' Act rcDc&lcci 

acts and parts of acts, vvhich come within the purview of 
this act, be repealed from and after the twenty-eighth day 
of March, in the year of our Lord eighteen hundred and 
fourteen : Provided however^ That nothing herein con- Proviso, 
tained shall prevent the Governor as aforjesaid, from ap- 
pointmg a person to be the Judge of the said Boston 
Court of Common Pleas, as soon after the passage of this 
act as he shall sec fit. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXIV. 
An Act further regulating Appeals and Reviews. 

Sec 1. X3E it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same^ That any party aggrieved at the 
judgment of any Circuit Court of Common Pleas, or 
Court of Common Pleas, hereafter to be rendered in any 
action, originally commenced m said court, wherein any 
issue in law or in fact has been or may be joined, may ap- 
peal therefrom to the next Supreme Judicial Court, to beMayapneai. 
holden for the county where such jutlgment may be ren- 
dered ; 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 
said appeal, and to pay all such costs as may arise in s^iid 
suit after said appeal, 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 niav, 
upon complaint, proceed to affirm the judgment of the 
Circuit Court of Common Pleas, or Court of Common 



440 DEDHAM BANK. Feb. 26, 181^. 

Picas, with additional damages and costs, and in all cases 
the party prevailing on said appeal shall be entitled to sin- 
gle costs only. 

Sec. 2. Be it further enacted^ That in all cases of re- 
view which may hereafter be prosecuted, the party in 
whose favour judgment may be rendered on said review 
Costs shall be entitled to either single or double costs, as the 

court before which such review may be had shall adjudge. 
Sec 3. Be it further enacted^ That all acts and parts 
of acts, inconsistent with the provisions of this act, be, and 
Act repealed jj^g same are hereby repealed. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXV. 

An Act to incorporate The President, Directors and Com- 
pany of the Dedham Bank. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the satne^ Thsit KWydh Crane, Willard Gay, 

Persons m- Q^orge Ellis, Jeremiah Baker, Horatio Townsend, Samuel 
Richards, Samuel Haven, John Guild, Jabez Chickering, 
Martin Marsh, George Dixon, Ebenezer Fisher, the sec- 
ond, and James Talbot, their associates, successors and 
assigns, shall be, and hereby are created a corporation, by 
the name of The President, Directors and Company of the 
Dedham Bank, and shall so continue until the first Mon- 

T „,» • day of October, which will be in the year of our Lord one 

Time incor- J i • i i i i , i • "^ i . , 

porated for. thousand eight hundred and thirty-one ; and by that name 
shall be, and hereby are made capable in law, to sue and 
be sued, plead and be impleaded, defend and be defended, 
in any courts of record, or any place whatever ; and also 
to make, have, and use a common seal, and to ordain, 
establish, and put in execution such by-laws, ordinances 
and regulations, as to them shall appear necessary for the 
government of the said corporation, and the prudent man- 
Proviso, agement of their affairs : Provided, such by-laws, ordinan- 
ces and regulations, shall in no wise be contrary to the 
constitution and laws of this Commonwealth ; and the 



DEDHAM BANK. Feb. 26, 1814. 441 

said corporation shall always be subject to the rules, re- 
strictions, limitations and provisions herein prescribed. 

Sec 2. Be it further enacted, That the capital stock Amount of 
of said corporation shall consist of one hundred thou- ^i^fi'^of^each 
sand dollars, in gold and silver, divided into shares of share, 
one hundred dollars each, which shall be paid in four 
equal instalments; the first, on the first day of May 
next ; the second on the first day of November next ; 
the third, on the first day of May next after ; and the 
fourth, on the first day of November next after. And 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 enter- 
ed on the books of said corporation, shall be binding on 
the stockholders, their successors and assigns ; and the 
said corporation are hereby made capable in law, to have, 
hold, purchase, receive, possess, enjoy and retain, to them, 
their successors and assigns, lands, rents, tenements and ^ay hold re- 
hereditaments, to the amount of thirty thousand dollars, ai estate and 
and no more at any one time ; with power to bargain, sell amount. 
and dispose of the same, and to loan and negotiate their 
monies and effects, by discounting on banking principles, 
on such security as they shall think proper : Provided how- Proviso. 
ever, That nothing herein contained shall restrain or pre- 
vent the said corporation from taking and holding real es- 
tate in mortgage, or on execution, to any amount, as se- 
curity for, or in payment of any debt due to the said 
corporation : And provided further, That no money shall 
be loaned or discounts made, nor shall any bills or promis- 
sory notes be issued from said bank, until the capital sub- 
scribed and actually paid in, and existing in gold and sil- 
ver, in their vaults, shall amount to twenty-five thousand 
dollars. 

Sec 3. Be it further enacted. That the rules, limita- 
tions and provisions which are provided in and by the 
third section of an act, entitled "An act to incorporate the 
President, Directors and Company of the State Bank,'' 
shall be binding on the bank hereby established : Provid- Proviso. 
ed, That the bond required to be given by the Cashier, 
shall be given in the sum of twenty thousand dollars ; that 
the number of Directors, to be annually chosen, shall be 
five, and three may constitute a quorum to transact busi- 
ness : And provided also, that the amount of debts at any 



442 DEDHAM BANK. FeL 26, 1814. 

time due from said bank, shall not be more than double 
their capital stock actually paid in. 
Bank, wh«re Sec. 4. Be it further enacted^ That the said bank shall 
established. )-,£ established and kept in the town of Dedham. 

Sec. 5. Be it further enacted.^ That whenever the Le- 
Shaiiioan to gislature shall require it, the said corporation shall loan to 
^gjJJ^^I""^"" the Commonwealth, any sum of money which may be re- 
quired, not exceeding ten per centum of the amount of 
the capital stock actually paid in, at any one time, reim- 
bursable by five annual instalments, or any shorter period, 
at the election of the Commonwealth, with the annual pay- 
ment of interest, at the rate of five per centum per annum : 
Proviso. Provided however, that the Commonwealth shall never, at 
any one time, stand indebted to the said corporation, 
without their consent, for a larger sum than twenty per 
centum of the capital stock actually paid in. 
Legislative Sec. 6. Be it further enacted, That any committee, 
ma'^'exlmtne specially appointed by the Legislature for that purpose, 
bortks, &c. shall have a right to examine into the doings of said cor- 
poration, and shall have free access to all their books and 
vaults ; and if upon such examination it shall be found, 
and after a full hearing of said corporation thereon, be de- 
termined by the Legislature, that said corporation have 
exceeded the powers herein granted them, or failed to 
comply with any of the rules, restrictions or conditions in 
this act provided, the incorporation may thereupon be de- 
clared forfeited and void. 

Sec 7. Be it further enacted, That it shall be the duty 
Shall, trans- o^ ^^^c Directors of said Bank, to transmit to the Governor 
mitstatement and Council of this Commonwealth for the time being, 
f> accounts. ^^^^ j^^ ^j^ months at least, and as much oftener as they 
shall require, accurate and just statements of the amount 
of the capital stock of said corporation, and of the debts 
due to the same ; of the monies deposited therein ; of the 
notes in circulation ; and of the gold, silver and copper 
coin, and the bills of other banks on hand ; which state- 
ment 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. 8. Be it further enacted, That the Commonwealth 
Gommoa- ^\\q\\ have u risjht, whenever the LcQ-islature shall make 

wealth may . . , , ® , •, '^ , r » /^ 

sabscribe. provision b}^ lavv, to subscribe, on account ot the Com- 
monwealth, a sum not exceeding fifty thousand dollars, to 



DEDHAM BANK. Feb, 26, 1814. 443 

be added to the capital stock of said company, subject to 
such rules, regulations and provisions, as shall be by the 
Legislature made and established, as to the management 
thereof. 

Sec 9. Be it further enacted, That the said corpora- shall pay tax 
tion, from and after the first day of May next, shall pay totheTreas- 
by way of tax to the treasurer of this Commonwealth, for 
the use of the same, within ten days of each semi-annual 
dividend, the half of one per cent on the amount of the 
original stock which shall, at the time of said dividend, 
have been paid in : Provided however. That the same Proviso. 
tax, payable in manner aforesaid, shall be required by 
the Legislature of all banks hereafter incorporated with- 
in this Commonwealth : ^nd provided funther, That no- 
thing 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 Com- 
monwealth, whenever they may think proper so to do. 

Sec 10. Be it further enacted. That one tenth part of Amount ap. 
the whole funds of said bank shall always be appropriated foEns^'^ 
to loans, to be made to citizens of this Commonwealth, 
and wherein the Directors shall wholly and exclusively re- 
gard 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 mortgage of real estate, to the satisfaction of the Direct- 
ors of the said bank, for a term not less than one year, and 
on condition of paying the interest annually on such loans, 
subject to such forfeitures and right of redemption, as is 
by law provided in other cases. ' 

Sec 11. Be it further enacted. That said corpora- s^au pay 
tion shall be liable to pay, to any bona fide holder, the counterfeit- 
original amount on any note of said bank, altered in the ^'^ "'''^^^' 
course of its circulation to a larger amount, notwithstand- 
ing such alteration. 

Sec 12. Be it further enacted. That the persons here- 
in before named, or a majority of them, are authorised to mi\ing. * 
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 three weeks 
successively in the Dedham Gazette, printed at Dedham, 
for the purpose of making, ordaining, and establishing 
29 



Preamble. 



444 AMOSKEAG LOTTERY. Feb. 26, 1814. 

such by-laws, ordinances and regulations for the proper 
conducting the affairs of said Corporation, as the stock- 
holders shall deem necessary, and for the choice of the first 
board of Directors, and such other officers as they shall 
think proper to choose. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXVI. 

An Act in addition to an act, entitled " An act in addition 
to an act granting a Lottery for the purpose of complet-. 
ing the Locks and Canals at Amoskcag Falls, in the 
State of Nevv-Hannpshire. 

VV HEREAS by the provisions of an act, en- 
titled " An act in addition to an act, entitled an act grant- 
ing a Lottery for completing the Locks and Canals at Am- 
oskeag Falls in the State of New- Hampshire," the time 
for which it was granted has expired, and the sum pro- 
vided to be raised thereby has not been obtained : 

Sec. 1. Be it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same. That further time be granted suffi- 

aUow'ed" "*' cicnt to scU and draw six classes of said lottery, of ten 
thousand tickets in each class, at five dollars per ticket : 

Proviso. Provided however. That no ticket shall be issued by the 
managers of said lottery, until the expiration of six months 
from and after the passing of this act. 

Sec 2. Be it further enacted. That the managers of 
said lottery, to be appointed by virtue of this act, be, and 
they arc hereby authorised and directed to pay unto Samuel 

Money, how s^y^n, Esq. from the first monies that shall be raised as 

appropnat- «.,■', . i • i> • i i i j 

ed. aforesaid, the sum due to him from said lottery, as settled 

and reported by a board of commissioners for that purpose 
appointed, by an act of the Legislature, passed on the 
sixth day of March, in the year of our Lord eighteen hun- 
dred and ten, and the interest thereon from the time of 
said settlement ; and that they pay the remainder of the 
sum they shall raise as aforesaid, exclusive of the inciden- 
tal expenses thereof, to the agent for completing the locks 
and canal aforesaid, to be applied to said object. 



Furthertime 



SANDWICH CALVIN. SOCIETY. Feb. 26, 1814. 445 

Sec. 3. Be it further enacted^ That his Excellency the Governor to 
Governor be, and he is hereby authorised to appoint three Jfj^°j["J.^3 
managers of tlie future classes in said lottery hereby grant- 
ed, according to the mode prescribed in the act aforesaid, 
passed March fourteenth, in the year of our Lord eighteen 
hundred and six ; and he is also authorised to call them to 
a settlement of their accounts, whenever he shall deem 
proper, and to proceed with them in the way appointed in 
the act passed for such purposes, on the first day of March, 
in the year of our Lord eig'hteen hundred and ten. 
[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXVIL 

An Act incorporating The Calvinistic Congregational So- 
ciety in Sandwich, in the county of Barnstable. 

Sec 1. XJE it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same^ That William Fessenden, Daniel 
Perry, Silvanus Gibbs, Bethuel Bourne, Allen Nye, John Persons in. 
Dillingham, Jun. Heman Adams, Lot Adams, William '^"'"P"'"^ 
Atkins, Nathan Bourne, Jun. Ezra L. Bourne, John 
Bourne, Job Bourne, Charles Bourne, Benjamin Burgess, 
Jacob Burgess, Anson Burgess, Samuel Blossom, Joseph 
Blossom, Benjamin Blossom, Uriah Butler, W^illiam Bas- 
sett, William Bassett, Jun. Charles Bassett, Joshua Back- 
us, Heman Backus, Ellis Blackwell, Joseph Blackwell, 
Samuel Blackwell, Benjamin Blackwell, Samuel Chad- 
wick, James Chadwick, James Coleman, James Coleman, 
Jun. Kenelm Crocker, George Cyprus, Nathaniel Covel, 
EbenezerCovel, Bartholomew Cushman, Charles De Lau- 
ney, Ezra Dillingham, Barnabas Ewer, Bartlett Ellis, Be- 
thiah Ellis, widow, Seth Ellis, Nathan Ellis, Gideon Ellis, 
Gershom Ellis, James Ellis, Jerusha Ellis, widow, Benja- 
min Ellis, Jesse Ellis, Hepzibah Ellis, widow, Ephraim 
Eldridge, Josiah Eldridge, Joseph Fuller, Silvanus Fish, 
Chipman Fish, Anselm Fish, Braddock Fish, Simeon 
Fish, Theodore Fish, Isaiah Fish, Josiah Fisji, Asa Fish, 
Ephraim Fish, Jesse Fish, David Fish, James Fish, 
James Fish, Jun. Prince Fish, Silas Fish, John Fish, 3d. 



446 SANDWICH CALVIN. SOCIETY. Feb. 26, 1814* 

Warren Fish, Thomas Fessendcn, Nathaniel Free- 
man, Russell Freeman, George W. Freeman, Charles 
Gibbs, Rufus Gibbs, Caleb Gibbs, Edward B. Gibbs, 
Rebecca Gibbs, widow, David Gibbs, Luther Goodspeed, 
Timothy Goodspeed, Jun. Alden Gifibrd, Levi Gifford, 
Thomas Hamlin, Seth Hamlin, Nathaniel Hamlin, Lemuel 
Hamlin, John Hamlin, Benjamin Hamlin, Ellis Howland, 
W^illiam Hahvay, Stephen Hoxie, James Insley, Silvanus 
Jones, Abraham Keen, John Keen, Abraham Landers, 
David Landers, Anselm Lumbert, Thomas Lumbert, Jo- 
siah Meiggs, Seth Meiggs, Asa Meiggs, Jonathan Meiggs, 
Matthew Meiggs, John Moriarty, William Marstin, Jo- 
seph Nye, Moses Nye, Ebenezer Nye, Lemuel Nye, He- 
man Nye, Peter Nye, Prince Nye, Prince Nye, Jun. Jo- 
siah Nye, John Nye, Peleg Nye, Joshua Nye, Jun. Paul 
Nye, Samuel T. Nye, Bethuel Nye, George B. Nye, Ed- 
ward Nye, Gilbert Nye, James Percival, Freeman Pcrci- 
val, Sarah Percival, widow, Timothy Percival, Othniel 
Omans, Kimball Perry, Elisha Perry, Elisha Perry, Jun. 
John Perry, Jun. John Perry, 3d. Elijah Perry, Mary Per- 
ry, widow, James Perry, William Perry, Bathsheba Per- 
ry, widow, John Pope, Lewin Pope, Thomas Phinney, 
Clark Swift, Ellis Swift, James Stewart, Thomas Smith, 
Bethiah Smith, Warren Smith, Deborah Smith, widow, 
Thomas H. Tobey, James Tobey, Timothy Tobey, Re- 
becca Tobey, Prince Tupper, and Amariah Wilcox, in- 
habitants of the town of Sandwich, in the county of Barn- 
stable, with their families and estates, together with such 
others as may hereafter join them, in manner hereafter 
prescribed, and their successors, be, and they are hereby 
incorporated into a society, by the name of The Calvinis- 
tic Congregational Society in Sandwich, with all the pow- 
ers and privileges, rights and immunities which other par- 
ishes and religious societies are by law and constitution 
I roviso. entitled to, and subject to the same duties : Provided.,T\\2it 
the persons incorporated as aforesaid, shall be holden to 
pay to the first precinct in said town, to which they 
belonged, all taxes voted and assessed, and not paid 
before the passing of this act, excepting such of them as 
may have received and filed certificates from a committee 
of said society, that they had become members thereof, 
shall not be holden to pay any taxes voted or assessed 
since ihey have so received and filed such certificates. 



SANDWICH CALVIN. SOCIETY. Feb. 26, 1814. 417 

Sec. 2. Be it further enact^d^ That any person be- 
longing to the said first precinct, who may be desirous of ^comhi^*a 
becoming a member of the said Calvinistic Congregational member. 
Society, and shall give in to the clerk of said first precinct, 
a certificate signed by the clerk of the said Calvinistic 
Congregational Society, that he or she has actually become 
a member of said society, any time within two years from 
the passing of this act, shall from and after giving in such 
certificate, with his and her polls and estates, be consider- 
ed a member of said society ; and if any member of said Manner ot 
society shall wish to leave the same, and join the said first leaving. 
precinct, and shall leave with the clerk of said society, a 
certificate signed by the clerk of said first precinct, that 
he or she has become a member of said precinct, at any 
time within two years from the passing of this act, such 
persons shall, from the time of leaving such certificate, be 
considered as a member of said precinct, and all young 
persons living in said precinct, arriving to the age of twen- 
ty-one years, and all persons coming to reside and dwell 
in said precinct, shall have and be allowed the term of one 
year from the time of their so arriving to the age of twenty- 
one years, or coming to dwell in said precinct, to join said 
Calvinistic Congregational Society : Provided however^ Proviso. 
That all such persons shall signify their determination of 
the same, and proceed therein in the manner above point- 
ed out in this section : And provided also, That in all cases, 
the person or persons changing their relation to said soci- 
ety or precinct, shall be held to pay all taxes assessed 
upon them by the precinct or society where they belong- 
ed previous to such removal. 

Sec 3. Be it further enacted. That Nathaniel Free- riKst Meet 
man. Esq. be, and he hereby is authorised to call the first i"&- 
meeting of said Calvinistic Congregational Society in Sand- 
wich. 

[Approved by the Governor, February 26, 1814.1 



448 MUNICI. AND OXFORD COURTS. Feb, 26, 1814. 



CHAP. CLXXVIII. 

An Act to increase the number of terms of the Municipal 
Court of the town of Boston, and to compensate the 
Judge thereof. 

J3E it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by the 
authority of the same. That in future the said Municipal 
Court shall be holden the first Monday of every month, with 
creased" powcr to adjourn as originally provided for in the act of 
March the fourth, in the year of our Lord one thousand 
eight hundred, which established said court ; and that in 
addition to the salary allowed the Judge of said court by 
the town of Boston, there shall be paid to him, out of the 
Additional treasury of this Commonwealth, every quarter of a year, 
salary allow- the sum of onc hundred and eighty-seven dollars and 
ed to Judge, ji^^jy merits — the first quarter to be considered as having 
commenced the first day of January last ; and said addi- 
tional allowance to be continued so long as the act of the 
twenty-seventh of February, in the year of onr Lord one 
thousand eight hundred and thirteen, enlarging the juris- 
diction of said court, shall remain unrepealed ; and the said 
Judge shall be obliged by law to perform the duties therein 
required. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXIX. 

An Act making further allowance to the Judge and Re- 
gister of Probate, for the county of Oxford. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That an act to make further allow- 
Act repeal- ^"^^ ^o the Judge of Probate for the county of Oxford, for 
ed. his services, passed on the fifth day of March, in the year 

of our Lord one thousand eight hundred and ten, be, and 
the same is hereby repealed. 



wise ASSET INSUR. COMP. Feb. 26, 1814. 449 

Sec. 2. Be it further enacted^ That the treasurer of the 
county of Oxford be, and he is hereby authorised and di- jyjf^^"^*^® 
rected to pay the said Judge of Probate, for the time being, 
such sum as, together with the legal fees which the said 
Judge has received or may have been entitled to receive, 
shall amount to the sum of two hundred dollars annually : 
Provided^ that the said Judge shall keep an exact account Proviso, 
of all the fees which he has received, or shall have been 
entitled by law to receive, in said office ; and shall present 
such account; attested by the Register of Probate, to the 
treasurer of said county, for his information, at the end of 
each year, and previous to the payment of the sum afore- 
said. 

Sec 3. Be it further enacted^ That the treasurer of said 
county of Oxford be, and he is hereby authorised and di- Salary of the 
rected to pay to the Register of Probate, for the time being, prfbale!^ °^ 
of said county of Oxford, such sum as, together with the 
legal fees which the said Register may have received or 
been entitled to receive, shall amount to the sum of three 
hundred dollars annually : Provided also, that the said Re- proviso, 
gister shall keep an exact account of all the fees which he 
may have received, or have been entitled to receive, for 
his services in said office ; and shall present such account, 
attested by said Judge of Probate, to the treasurer of said 
county, for his information, at the end of each year, and 
previous to the payment of the sum aforesaid. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXX. 

An Act in addition to an act to incorporate The Wiscas- 
set Marine Insurance Company. 

XjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the ninth section of the act, 
entitled *' An act to incorporate The Wiscasset Marine 
Insurance Company," be, apd the same is hereby so far ^«c*'"" '" 
repealed, as that the first sum of fifty dollars on each share 
in said company may be paid at any time before said com- 
pany actually take any risk, or open and subscribe a 



45a 



HANCOCK FREE SCHOOL. 



Feb. 26, 1814. 



policy of insurance ; and that the remaining sum due on 
each share shall be paid within twelve months from the 
Proviso. time of the first payment aforesaid : Provided, that said 
first payment shall be made within five years from and 
after the passing of this act. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXXI. 

An Act to establish a Free School in Township number 
six, in the eighth range, north of the Waldo Patent, in 
the county of Hancock, by the name of The Hancock 
Free School. 



Sec. 1. XjE it enacted by the Senate and House of 
Representatives , in General Court assembled^ and by the 
authority of the snme^ That there be, and hereby is estab- 
semina Hshcd in the township number six, in the eighth range, 
established. Dorth of the Waldo Patent, in the county of Hancock, a 
Literary Seminary, by the name of The Hancock Free 
School, for the purpose of promoting piety and virtue, and 
for the education of youth, in such languages, and in such 
of the liberal arts and sciences, as the trustees thereof shall 
from time to time judge most useful and expedient. 

Sec 2. Be it further enacted. That the Rev. Hezekiah 
May of Brownville, Rev. John Sawyer of Garland, Rev. 
l^^^t^T ^^' Hervey Loomis of Bangor, Moses Greenleaf, Esq. of Wil- 
liamsburgh, Charles Hammond, Esq. of Bangor, Jacob 
Mc Gaw, Esq. of Bangor, and Ebenezer Greenleaf, Esq. 
of VVilliamsburgh, be, and hereby are nominated and ap- 
pointed trustees of said Free School ; and they are hereby 
incorporated into a body politic, by the name of The Trus- 
tees of Hancock Free School, and they and their suc- 
cessors shall be and continue a body politic and corporate 
by the same name forever. 

Sec 3. Be it further enacted. That the said trustees 
may have a common seal, which they may break, alter and 
renew from time to time, as they see fit ; and they may 
sue and be sued in all actions, and prosecute and defend 
such actions to final judgment and execution, and may ap- 
point any agent or agents to prosecute or defend such 



pointed. 



Powers. 



HANCOCK FREE SCHOOL. Feb. 26, 1814. 451 

suits ; they may also elect and appoint all such officers and Empowered 
instructors as they may from time to time jud^e necessary, cer*!^*^^ °*' 
niay fix the tenure of their respective offices, define their re- 
psective powers and duties, may vacate the place of any trus- 
tee, officer or instructor, when, in their opinion, by reason of 
age, incompetency or any other cause, he shall have become 
incapable of discharging the duties of his office, and may 
fill all vacancies which may happen ; they may also, from 
time to time, fix the times and places for the meetings of 
said corporation, the mode of notifying the members there- 
of, and may prescribe, establisli, and alter from time to 
time, such reasonable statutes and by laws, as they shall g^j^^g^^^. 
judge will best promote the objects of their incorporation, 
and may annex such reasonable penalties to the neglect of 
duty, and breach of statutes and by-laws, as they shall 
judge proper : Provided^ that such statutes, by-laws, and proviso, 
penalties, shall not be repugnant to the constitution and 
laws of this Commonwealth. 

Sec 4. Be it further enacted^ That all the lands, mo- 
nies, or other properly already subscribed, or which may 
hereafter be given, assigned, or transferred to the said 
trustees, for the use of said Free School, shall be received 
and held by them in trust for that use ; and said trustees, 
in behalf of said Free School, may also receive and hold 
in fee simple, by gift, grant, bequest or otherwise, any May hold re- 
other land or estate, real or personal : Provided, that the ginaUstate^ 
annual income of such lands or real estate shall not exceed 
the sum of seven thousand dollars, and that the annual in- 
come of such personal estate shall not exceed the sum of 
five thousand dollars; and the said trustees may sell and 
dispose of the same, and apply the proceeds, rents and pro- 
fits thereof in such way, as they may deem most conducive 
to the diffusion of piety, virtue, and literature, and best 
promote the general interest of their institution. 

Sec 5. Be it further enacted. That the number of said 
trustees shall never be more than fifteen nor less than seven, 
five of whom shall be a quorum for the transacting of such Trustees 
business as may regularly come before them : and any Jus- limited. 
tice of the Peace for the county of Hancock is hereby au- 
thorised, upon application of any of said trustees, to issu« 
his warrant, fixing the time and place of the first meeting of 
said trustees, for such purposes as shall be expressed in 
said application, which warrant shall be directed to some 
30 



452 COMiMONVVEALTH SUITS. Feb. 28, 1814. 

one of said trustees, who shall give personal notice thereof, 
cither verbally or in writing, to each of the trustees, at least 
four days before such meeting. 

Sec. 6. Be it further enacted^ That it shall be the duty 
of said trustees, within two years from the passing of this 
Duties of the act, to give satisfactory evidence to the treasurer of this 
Trustees. Commonwealth, that the sum of three thousand five hun- 
dred dollars has been duly paid and secured to the said cor- 
poration, and that the same is placed at the disposal of the 
said trustees, for the benefit of this institution, otherwise 
this act shall be declared to be null and void. 

Sec. 7. Be it further enacted^ That nothing in this act 
shall be considered as holding out encouragement to the 
trustees of this Free School, of the future bounty of the 
Legislature. 

[Approved by the Governor, February 26, 1814.] 



CHAP. CLXXXII. 

An Act concerning Suits in behalf of the Commonwealth. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same, That in ail civil actions, in which 
the Commonwealth shall be party, whether by scire facias 
or other suit or process, the costs which may be taxed in 
favor of the Commonwealth, and which may be paid before 

pakito clerk any cxccution shall issue, shall be paid to the clerk of the 
Court in which said suit shall be pending, and by him im- 
mediately paid over without any deduction to the treasurer 
of the county, who shall account for and settle the same 
with the State Treasurer, in the same manner as is provided 
by law for the settlement and adjustment of accounts by 
County Treasurers of fines, penalties and forfeitures, and 
costs in criminal prosecutions. 

Sec. 2. Be it further enacted. That no fees for travel 

Fees. shall be allowed and taxed in any bill of costs in any such 

suit as is described in the foregoing section, in which the 
Commonwealth shall be party. 

[Approved by the Governor, February 28, 1814.] 



Costs to be 



CHARLES RIVER FISHERY. Feh. 28, 1814. 455 



CHAP. CLXXXIII. 

An Act to prevent the destruction of the Fish called Ale- 
wives and Shad, in Charles River. 

Sec. 1. X3E 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, if any person or persons shall place or set any 
seine or net, or set up, erect, or make any weares, or place 
any other incumbrance whatsoever (mill dams excepted) 
in or across Charles River, for the straitning, obstructing, 
or stopping the free passing of the fish called shad and 
alewives, up and down said river, they shall severally for- Penalty for 
feit and pay the sum of fifty dollars for each and every of- passase^'"^ 
fence ; one half of which shall be to the use of the town 
or towns, within whose limits the offence is committed, 
and the other half to the use of him or them that shall com- 
plain or prosecute therefor — or any town may prosecute 
by their fish committee. 

Sec 2. Be it further enacted^ That if any person or 
persons shall draw any seine or net, to take any of the fish g,^^jj ^^^ ^^^ 
aforesaid within said river, or in any other way take any seine, &c. 
of said fish, ort any other days than Monday, Wednesday 
and Friday in each week, every person so offending shall 
forfeit and pay the sum of twenty dollars for each and every 
offence, to the use as aforesaid ; and all forfeitures incur.- 
red by any breach of this act may be recovered by infor- 
mation, or by action on the case, before any court proper 
to try the same. 

Sec. 3- Be it further enacted, That all parts of any acts Former acts 
relating to the fishery in said river, inconsistent with this repealed. 
act, be, and the same are hereby repealed. 

[Approved by the Governor, February 28, 1814.] 



454 NEW SOUTH MEETING-HOUSE. Feb. 28,1814. 



CHAP. CLXXXIV. 

An Act in addition to an act, entitled " An act declaring 
and confirming the incorporation of the Proprietors of 
the New South Meeting-house in Boston." 

Sec. 1. XjE it enacted by the Senate and House of 
Hepresentatives, in General Court assembled^ and by the 
cmthority of the same. That all or any part, so that it be 
not less than one half, of all monies raised by the Propri- 
etors of the New South Meeting-house in Boston, for the 
purpose mentioned in the fourth section of an act, entitled 
*' An act declaring and confirming the incorporation of the 
Proprietors of the New South Meeting-house in Boston," 
Assessment may be assessed by the committee and assessors of the 
o taxes. g^jj proprietors jointly, or by the major part of them, upon 
the several proprietors of pews in said meeting-house, ac- 
cording to the relative value of the said pews, regard being 
had to their situation and convenience, if the said proprie- 
tors vote so to do, any thing in the act aforesaid to the con- 
trary notwithstanding. 

Sec 2. Be it further enacted. That the said proprie- 
Maypur- ^^^^ ^^» ^"^ ^^^y ^^^ hereby empowered to purchase, take 
chase estate, and hold Certain land, adjoining that on which their meet- 
ing-house now stands, for the more commodious scite of 
a new meeting-house, as to them shall seem best, any thing 
in the act aforesaid to the contrary notwithstanding. 
[Approved by the Governor, February 28, 1814.] 



CHAP. CLXXXV. 

An Act to incorporate The Evangelical Missionary Soci- 
ety in Massachusetts. 

Sec. 1. JDE it enacted by the Senate and House of 

Representatives in General Court assembled, and by the 

authority of the same. That Rev. Ezra Ripley of Concord, 

Fersons in. Joseph Allen, Esq. of Worcester, and Thomas W. "Ward, 

corporated. Esq. of Shrewsbury, with those who have or may hereaf- 



EVANGEL. MISSION. SOCIETY, /'f^. 28, 1814. 455 

ter associate with them, and their successors, be, and here- 
by are incorporated and made a body politic, for the pur- 
poses of furnishing the means of christian knowledge and 
moral improvement, by the distribution of pious and reli- 
gious books and tracts, by aiding and supporting school- 
masters, and by sending missionaries among the inhabit- 
ants of our own country, who are destitute of religious 
knowledge, or where such means are poorly provided, by 
the name of The Evangelical Missionary Society in Mas- 
sachusetts ; and the society aforesaid shall have perpetual 
succession, and may have a common seal, which it may 
be lawful for them to change, break, alter, and make new 
at pleasure ; and may purchase and receive, by gift or de- 
vise, lands, tenements, and real estate of any kind, and the af^and°' p™' 
same hold in fee simple, or less estate ; and also subserip- soiui estatt. 
tions, donations, and bequests of money, or any other per- 
sonal estate, the annual income of which shall not exceed 
the sum of ten thousand dollars ; and all grants, donations, 
subscriptions, devises and bequests, made to said society, 
shall be improved in such manner, as the trustees of said 
society shall judge most conducive to answer the designs 
of the institution. 

Sec 2. Be it further enacted^ That the said society 
may annually elect by ballot, by a majority of the mem- 
bers present, a President, Vice-President, a Treasurer, a Election of 
Recording and Corresponding Secretary, and such num- officers. 
ber of Trustees, as they may think proper, (not less than 
seven) and such other officers as they may determine to 
be necessary ; and may at their first meeting, under this 
corporation, by vote of a majority of the members pre- 
sent at said meeting, adopt such constitution or system of 
rules and by-laws, as they shall think necessary for the 
conducting and executing the business of said society, 
and for the most effectually securing the objects of their in- 
stitution; which constitution, or system of by-laws, shall be 
for the government of said society, and shall not be altered 
at any subsequent meeting, but in the manner therein point- 
ed out : Provided, such rules and by-laws be not repug- provisy. 
nant to the constitution and laws of this CommonweaUh. 

Sec 3. Be it further enacted^ That the society afore- 
said, shall at all times have power to sue, and may be sued, lowers 
and may defend, and shall be held to answer by the name, 
stile, and title aforesaicj ; and if it should so happen, that 



456 



MASS. CHAR. MECH. ASSO. 



Feb. 28, 1814. 



Proviso. 



said society shall become seized of lands and tenements, 
it shall be lawful, by deed, under the hand and seal of their 
President, for the time being, to sell and convey the same : 
Provided^ such sale shall be made and concluded on by 
the trustees of said society. 

Sec 4. Be it further enacted^ That particular accounts 
of such funds, and the disposition thereof, shall be exhib- 
Treas"^ ^r^ ^^^^ ^^ ^^^ treasurer at the stated annual meeting of said 
society, a committee of said society having first examined 
and certified the same to be true ; and fair entries shall be 
made in proper books provided for that purpose, of all do- 
nations made to said society, and of all the estate, both 
real and personal, belongiag to the same ; and said books 
shall be brought to the annual meetings, and be there open 
for the inspection of the members. 

Sec 5. Be it further enacted^ That Joseph x\llen, Esq. 
be, and he is hereby authorised to call the first meeting of 
said society, in their corporate capacity, by publishing a 
notification in one newspaper printed in Worcester, and 
in one newspaper printed in Boston, thirty days before the 
time therein appointed. 

[Approved by the Governor, February 28, 18 14. J 



First meet 
ing. 



CHAP. CLXXXVI. 



An Act continuing The Massachusetts Charitable Me- 
chanic Association. 



B 



• E it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
authority of the same, That the Massachusetts Charitable 
Mechanic Association, incorporated by an act, entitled 
*' An act to incorporate Jonathan Hunnewell and others, 
into a society, by the name of The Massachusetts Chari- 
table Mechanic Association," shall and may remain and 
Actcontinu. Continue a corporation, with all the legal powers and privi- 
ei. leges, the same now enjoys, for and during the term of ten 

years from and after the time limited for the duration of 
said corporation by the act aforesaid. 

[Approved by the Governor, February 28, 1814.] 



SACO BRIDGE. Feb. 28, 1814. 457 



CHAP. CLXXXVII. 

An Act incorporating certain persons for the purpose of 
building a Bridge over Saco river, in the town of Frye- 
burg, near the dwelling-houses of Oliver Knight and 
Henry Gordon, Jun. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same. That Robert Page, John Stephens, Persons in- 
Jun. and Henry Y. B. Osgood, with all those who have c^rporated. 
associated for the purpose, together with all those who 
shall hereafter become proprietors in said bridge, shall be 
a corporation and body politic, under the name of The 
Proprietors of Fryeburg Bridge ; and by that name may 
sue and prosecute, and may be sued and prosecuted to . 
final judgment and execution, and do and suffer all other 
acts and things, which bodies politic may and ought to do 
and suffer ; and that said corporation shall have full pow- 
er and authority to make, have, and use a common seal, 
and the same to break, alter and renew at pleasure. 

Sec 2. Be it further enacted. That the said Robert Method of 
Page, John Stephens, Jun. and Henry Y. B. Osgood, or J^^''^''^^* 
any two of them, may, by putting up advertisements at the "^ 

South and Central Meeting-houses, in said Fryeburg, warn 
and call a meeting of said proprietors, to be holden at any 
suitable time and place in said Fryeburg, after the expiration 
of fifteen days from the time of posting up said advertise, 
mcnts ; and the said proprietors, by a vote of the majority 
of those present, or represented at said meeting, (account- 
ing and allowing one vote to each single share, in all cases; proviso. 
provided however ^ that no one proprietor shall be allowed 
more than ten votes,) shall choose a clerk, who shall be 
sworn to the faithful discharge of the duties of his office ; 
and the said proprietors, by a vote of a majority of those 
present, or represented at said meeting, shall have power 
to transact any business, for the benefit of said corpora- 
tion : Provided, it be not repugnant to the constitution or pi-ovise 
laws of this Commonwealth ; and this act, and all rules, 
regulations and votes of said corporation, shall be fairly 
and truly recorded by the clerk, in a book or books for 



458 SACO BRIDGE. i*V^. 28, 1814. 

that purpose ; and no person shall appear and vote at such 
meetings, as the representative of another, without pro- 
ducing a writing for that purpose, signed by the person 
represented, which writing shall be filed by the clerk of 
said corporation. 

Empowered Sec. 3. Be it further enacted^ That the said proprie- 

to build a tors be, and they hereby are permitted and authorised to 
^'' ^^' erect a bridge over the Saco river, in said Fryeburg, from 
the western bank of said river, near the dwelling-house of 
Oliver Knight, to the eastern bank thereof, near the dwel- 
ling-house of Henry Gordon, Jun. 

Sec. 4, Be it further enacted^ That the said bridge 

kuiit. shall be well built, of good and suitable materials, and be 

well covered with plank, or timber, suitable for such 
bridge, with sufficient railing on each side, for the safety 
of passengers, and the same shall be kept in good, safe 
and passable repair. 

Sec. 5. Be it further enacted^ That for the purpose of 
reimbursing said proprietors, the monies by them expend- 
ed, or that may hereafter be expended in building and re- 
pairing said bridge, a toll be, and is hereby granted and 
established on said bridge, for the benefit of said proprie- 
tors, according to the rules following, that is to say : for 

Rates of toll, each foot passcBger, one cent; for each horse and rider, 
four cents ; for each horse and chaise, chair, or sulkey, 
drawn by one horse, ten cents ; for each sleigh drawn by 
one horse, four cents ; for each sleigh drawn by two 
horses, six cents ; for each coach, phaeton, or curricle, 
twenty cents ; for each cart or waggon, sled, or carriage 
of burthen, drawn by one or two beasts, six cents ; for 
neat cattle and horses, other than those ridden or in car- 
riages, or teams, one cent each ; for sheep and swine, at 
the rate of six cents the dozen ; and to each team, one 
person and no more shall be allowed as a driver to pass 

Proviso. said bridge free of toll : Provided^ That the rates of toll 
hereby established, shall at all times be subject to the fu- 
ture regulations of government. 

Sec 6. Be it further enacted^ That said proprietors, 
at the place or places where the said toll may be re- 
ceived, shall erect, and keep constantly exposed to view, 

Sign board. ^ gj^j^ board, with the rates of toll of all the tollable arti- 
cles hereby established, fairly and legibly written thereon ; 
and at all times when the person employed to receive said 



HANCOCK COURTS. Feb, 28, 1814. 459 

toll, shall not attend his duty, the gate or gates of said 
bridge shall be left open. 

Sec. 7. Be it further enacted^ That if said proprietors 
siiall neglect for the space of two years, from the passing j^e-fect. ^ 
of this act, to build and erect said bridge, then this act 
shall be void and of no effect. 

[Approved by the Governor, February 28, 1814.] 



CHAP. CLXXXVIII. 

Au Act for altering the times and places of holding the 
Circuit Courts of Common Pleas and Courts of Ses- 
sions, and for establishing a nev/ district for the Regis- 
try of Deeds in the county of Hancock, and other pur- 
poses. 

Sec 1. -De 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 
March next, the times and places for holding the several 
terms of the Circuit Courts of Common Pleas and Courts 
of Sessions, in and for the county of Hancock, shall be, and places for 
hereby are established as follows, viz. : — At Castine, on holding 
the second Tuesday of April, and first Tuesday of No- ^^^^ * 
veniber ; and at Bangor, on the first Tuesday of January, 
and second Tuesday of July, in each and every year. 

Sec 2. Be it further enacted. That from and after the 
said first day of March next, all laws heretofore made for es- 
tablishing the times and places of holding the terms of the p^p^Qf^^t 
Circuit Court of Common Pleas and Courts of Sessions, repeated. 
within and for the county of Hancock, shall be, and the 
same are hereby repealed, so far as the same are repug- 
nant to this act. 

Sec 3. Be it further enacted. That all actions, appeals. Actions, ap- 
recognizances, and other processes that now are, or may peals, &.c. 
hereafter be, prior to the said first day of March next, 
commenced or sued out, returnable to, continued in, or 
pending in the said courts, as heretofore by law establish- 
ed, shall be returnable, entered and continued to, pending 
in, prosecuted, tried, determined and adjudged, at the 
31 



460 



HANCOCK COURTS. 



Feb, 28, 1814. 



IJoundarles. 



District con. 
stituted. 



Justice to Is- 
sue warrant. 



Register of 
Deeds to be 
chosen. 



said courts, respectively to be held by virtue of this act, 
on the second Tuesday of April next. 

Sec. 4. Be it further enacted^ That all the towns, dis- 
tricts, plantations, and other territory, within the said 
county of Hancock, lying north and west of the following 
described line, viz. : — Beginning at the south west cor- 
ner of the town of Dixmont, and in the north line of the 
Waldo patent ; thence easterly by the said line of the 
Waldo patent to Penobscot river ; thence by said river to 
the south line of the town of Orrington ; thence by said 
south line of Orrington, and the southerly line of the town 
of Brewer, and of the Gore east of Brewer, to the west 
line of township number twenty in the lottery townships ; 
thence north by the west line of townships numbered 
twenty, twenty-six, thirty-two, thirty-eight, and one, to 
the north west corner of number one; thence east by the 
line of the townships numbered one, two, three and four, 
to the west line of the county of Washington, shall be, 
and the same are hereby constituted a district for the Re- 
gistry of Deeds; and the inhabitants of the said district, 
are hereby authorised to choose a Register of Deeds in 
the manner provided by law ; and the Register so chosen, 
shall keep his office in the town of Bangor, and Allen Gil- 
man, Esq. one of the Justices of the Peace in and for said 
county, is hereby authorised and empowered to issue his 
warrant to the selectmen of the several towns, and the as- 
sessors of the several plantations, authorised by law to 
vote for Governor, Lieutenant-Governor and Senators, 
within said district, ordering them to convene the inhabi- 
tants of said towns and plantations, qualified to vote for 
Representatives in the General Court, on the firbt Monday 
of April next, that they may proceed to the choice of some 
person qualified by law for the office of Register of Deeds, 
and ordering the said selectmen of said towns, and asses- 
sors of said plantations, to seal up and transmit a copy of 
the record of votes and persons voted for in their respec- 
tive towns and plantations, together with the warrant, to 
the Circuit Court of Common Pleas, next to be held at 
Castine, on the second Tuesday of April next ; and the 
person having the majority of votes, after being sworn 
and giving bond, as by law directed, shall be the Regis- 
ter of Deeds for the district aforesaid, and shall continue 
in office until the last day of March, which will be in the 



HANCOCK COURTS. Feb. 28, 1814. 461 

year of our Lord one thousand eight hundred and sixteen, 
and until another shall be chosen and sworn in his stead ; 
and if it shall appear that no person has a majority of votes 
in the said district, upon the examination of the returns 
aforesaid, the same proceedings shall be had as are direct- 
ed by law, in other cases of vacancy in the office of Regis- 
ter of Deeds. 

Sec. 5. Be it further enacted, That the person chosen 
as aforesaid, shall be subject to the same rules and dis- 
qualifications, to which Registers of Deeds for the seve- Register au- 
ral counties are subject ; and from and after the first day thorised. 
of May next, shall be fully authorised and empowered 
to register and record all deeds of conveyance of lands and 
other real estate lying within the said district ; and the 
record of deeds as aforesaid shall be valid to all intents 
and purposes whatever; and the record of any deed of con- 
veyance of land or other real estate lying within the said 
district, which after the said first day of May next, by any 
otiier than the person chosen as aforesaid, shall be void 
and of no effect ; and the Register to be chosen as afore- 
said, shall be entitled to the same fees, in the execution of Fees, 
his office, as the Registers of Deeds in the several coun- 
ties are entitled to receive. 

Sec. 6. Be it further enacted. That if there shall not 
be provided in said town of Bangor, a suitable house foJ" pr^ovlded* ^ 
the accommodation of said courts, during their sittings, 
for the the term of five years from the passing of this act, 
free of any expense to the county of Hancock, notice that 
said house is provided to be given to the Circuit Court of 
Common Pleas, to be holden at Castine, at their next ses- 
sion, at which term the said court shall cause proclama- 
tion thereof to be made, then this act shall be void and of 
no effect, so fi\r as the same relates to the holding of the 
terms thereof in said town of Bangor, and said court shall 
in that case be holden at Castine, as heretofore provided. 

[Approved by the Governor, February 28, 1814.] 



462 TAX ON BANKS. Feh. 28, 1814. 



CHAP. CLXXXIX. 

An Act in addition to an act, entitled " An act in addition 
to an act, defining the general powers and duties, and 
regulating the office of Sheriff"," and for extending the 
provisions thereof to Coroners, 



Bj 



>E it enacted hy the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same ^ That the authority and powers giv- 
en to, and duties required of the Justices of the several 
Courts of Common Pleas, with regard to Sheriffs, con- 
tained in an act, entitled "An act in addition to an act de- 
fining the general powers and duties, and regulating the 
Authority, office of Sheriff," passed the twenty-seventh day of Feb- 
dutierex^-" ^uary, in the year of our Lord one thousand seven hun- 
tended. dred and ninety-five, shall be, and hereby are extended to 
the Justices of the several Circuit and other Courts of 
Common Pleas in this Commonwealth, with regard to 
Coroners ; and the same proceedings in all respects shall 
be had respecting Coroners' bonds and sureties ; and Cor- 
oners shall be liable to the same forfeitures for like causes, 
to be recovered in like manner, and subject to removal 
from office in the same way, and to be proceeded against 
in the same manner, in all respects, as are provided in the 
act to which this is an addition, with regard to Sheriffs. 
[Approved by the Governor, February 28, 1814."] 



CHAP. CXC. 

An Act in addition to an act, entitled " An act imposing 
a Tax on the Banks within this Commonwealth." 

Sec . 1. XjE it enacted by the Senate and House of Rep- 
resentatives in GeneralCourt assembled, and by the authority 
of the same, That the corporation of each and every Bank 
within this Commonwealth, which now is in operation, 
or which shnll hereafter come into operation, shall, within 
ten days after the first Mondays of October and April 



LYNNFIELD. Feb. 28, 1814. 463 

annually, pay to the Treasurer of this Commonwealth, for shaUpaytax 
the use of the same, a tax of one half of one percent on totheTreas- 
the amount of such part of their original stock as shall ^^^'^' 
have been actually paid in by the stockholders in the re- 
spective Banks, according to the provisions contained in 
the first section of the act, entitled '* An act imposing a 
Tax on the Banks within this Commonwealth." 

Sec. 2. Be it further enacted^ That it shall be the duty 
of the Corporation of the several Banks aforesaid, on or 
before the first Monday of April next, to furnish the °"^^°aUon, 
Treasurer of the Commonwealth with an abstract of the 
amount of stock actually paid by stockholders in the re- 
spective Corporations, into their respective Banks, to- 
gether with the time when the several instalments were 
paid ; and it shall be the duty of all such Banking Incor- 
porations, who have not yet completed the payment of 
their several instalments, and of all such as shall hereafter 
be incorporated, to furnish a like abstract of the amount 
of stock which shall be actually paid by the stockholders 
thereof into their respective Banks within ten days after 
such instalment shall have been paid in. 

Sec 3. Be it further enacted^ That the first section of 
the act, entitled " An act imposing a Tax on the Banks . . 
within this Commonwealth" be, and it hereby is repealed: panrepeal'a 
Provided however. The same shall be and remain in force 
so far as to compel all such Corporations to fulfil and per- 
form the duties therein required of them, and to pay the 
tax therein imposed on them, as shall have neglected to 
comply with the same. 

[Approved by the Governor, February 28, 1814.] 



CHAP. CXCI. 

An Act to erect the District of Lynnfield, in the county 
of Essex, into a town, by the name of Lynnfield. 

J3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the district of Lynnfield, in 
the county of Essex, as the same is bounded and defined 
in an act, entitled " An act for erecting a district, in the 



464 COMMONWEALTH FIRE ARMS. Feb. 28, 1814. 

Town incor- ^^'^"^y of Essex, by the name of Lynnfield," be, and the 

porated. same hereby is incorporated into a town, by the name of 

Lynnfield, with all the powers, privileges, and immunities, 

and liable to all the duties and requisitions of other towns 

in this Commonwealth. 

[Approved by the Governor, February 28, 1814.] 



CHAP. CXCII. 

An Act in addition to an act, entitled " An act to provide 
for the proof of Fire Arms, manufactured within this 
Commonwealth." 



1. B 



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, all musket barrels and pistol barrels, manufactured 
within this Commonwealth, shall, before the same shall be 
sold, and before the same shall be stocked, be proved by 
the person appointed according to the provisions of an act, 
entitled " An act to provide for the proof of Fire Arms, 
manufactured within this Commonwealth," to which this 
is an addition, in manner following, viz : with a charge of 
powder equal in weight to the ball which fits the bore of 
the barrel to be proved ; and the powder used in such proof 
one ounce thereof in a howitzer of four and a half inch 
caliber, at an elevation of forty -five degrees, shall be of 
sufficient power to carry a twelve pound shot one hundred 
and thirty yards ; or one ounce thereof in a howitzer of 
five and a half inch caliber, at an elevation of forty-five de- 
grees, shall be sufficient to carry a twenty-four pound shot 
eighty yards, and the ball used in such proof shall be suit- 
ed to the bore of the barrel to be proved as aforesaid. 

Sec 2. Be it further enacted. That if any person or 
persons, from and after the passing of this act, shall man- 
ufacture, within this Commonwealth, any musket or pis- 
Resirictions. tol, or shall sell and deliver, or shall knowingly purchase 
any musket or pistol, without having the barrels first prov- 
ed according to the provisions of the first section of this 
act, marked and stamped according the provisions of the 
first section of the act to which this is an addition ; or if 



LYNN MECHANICKS BANK. Feb, 28, 1814. 465 

any person or persons shall sell, stock or finish, or shall 
knowingly purchase any musket barrel or pistol barrel 
manufactured within this Commonwealth, which shall not 
have been first proved, marked and stamped according to 
the provisions aforesaid, the person or persons who shall 
so manufacture, sell and deliver, or knowingly purchase 
any musket or pistol without causing the same to be first 
proved, marked and stamped as aforesaid, and the person 
or persons who shall sell, stock or finish, or shall know- 
ingly purchase any musket barrel or pistol barrel, which 
shall not have been proved, marked and stamped as afore- Forfeitures, 
said, shall severally forfeit the sum of ten dollars, to be 
recovered by an action of debt before any court proper to 
try the same, by any person who shall sue for and recover 
the same, to his own use : Provided however^ That the Proviso. 
foregoing provisions and penalties shall not extend to any 
muskets or pistols, or musket or pistol barrels, manufac- 
tured in any armoury of the United States, for their use, 
or in execution of any contract made or to be made with 
the United Slates, for the manufacture of fire arms. 

Sec. 3. Be it further enacted, That the second and 
third sections of the act to which this is in addition, and Sections re- 
also so much of the first section thereof as prescribes the 
mode of proving musket barrels and pistol barrels, and the 
power of the powder to be used in such proof, be, and 
the same are hereby repealed. 

[Approved by the Governor, February 28, 1814.] 



CHAP. CXCIII. 

An Act to incorporate The President, Directors and Com- 
pany of the Lynn Mechanicks Bank. 

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 Silsbe, Joseph Fuller 
the third, John D. Atwell, Thomas Rich, Samuel Brimble- Persons ;». 
cum, Micajah Burrill, Parker Mudge, Oliver Fuller, Jon- <=»ipor^*e'^- 
athan Conner, John Alley, jr. Stephen Oliver, John 
Mudge, and Jonathan Bachellor, their associates, succes- 
sors, and assigns shall be, and hereby are created a Cor- 



466 LYNN MECHANICKS BANK. Feb. 28, 1814. 

poration by the name of the President, Directors, and 
Company of the Lynn Mechanicks Bank, and shall so con- 
tinue from the first day of September next, until the first 
Time incor- Monday of October, which will be in the year of our 
porated for. Lord one thousand eight hundred and thirty-one ; and by 
that name shall be, and hereby are made capable in law, 
to sue and be sued, plead and be impleaded, defend and 
be defended, in any Courts of Record or any other place 
whatever ; and also to make, have, and use a common 
seal, and to ordain, establish, and put in execution such 
by-lawSj ordinances and regulations as to them may appear 
necessary and convenient for the government of the said 
Corporation and the prudent management of their aifairs : 
Proriso. Provided^ such by-laws, ordinances and regulations, shall, 
in no wise, be contrary to the constitution and laws of this 
Commonwealth ; and the said Corporation shall be always 
subject to the rules, restrictions, limitations, and provis- 
ions herein prescribed. 
Amount of Sec. 2. Be it further enacted^ That the capital sock 
capital stock of the Said Corporation shall consist of the sum of one 
ajid ot each hundred thousand dollars, in e:old and silver, divided into 
shares of one hundred dollars each, which shall be paid 
in at two equal instalments ; the first, on the first day of 
September next ; and the second, on the first day of June, 
which will be in the year of our Lord one thousand eight 
hundred and fifteen, or at such earlier times as the said 
stockholders, at any meeting thereof, may order. And 
the stockholders, at their first meeting shall, by a majority 
of votes, determine the mode of transferring and disposing 
of said stock and the profits thereof, which, being entered 
on the books of said corporation, shall be binding on the 
stockholders, their successors and assigns ; and the said 
Corporation are hereby made capable in law, to have, hold, 
purchase, receive, possess, enjoy and retain to them, their 
ai estlte^and succcssors and assigus, lands, rents, tenements and hered- 
amount. itaments, to the amount of ten thousand dollars, and no 
more at any one time ; with power to bargain, sell and 
dispose of the same, and to loan and negotiate their monies 
and effects by discounting on banking principles, on such 
Proviso. security as they shall think advisable : Provided however. 
That nothing herein contained shall restrain or prevent 
the said corporation from taking and holding real estate, 
in mortgage or on execution, to any amount, as security 



LYNN MECHANICKS BANK. Feb. 28, 1814. 4G7 

for or in payment of any debts due to the said corpora- 
tion: And provided further^ That no money shall be loan- Proviso. 
ed or discounts made, nor shall any bills or promissory 
notes be issued from «aid bank, until the first instalment 
shall have been actually paid m as aforesaid. And at any 
time, after the payment of the last instalment aforesaid, it 
shall be lawful, and power is hereby granted to the stock- \,.^l^yx. *** 
holders of said corporation, to add to their capital stock 
aforesaid the sum of fifty thousand dollars, if they shall 
think proper, to be paid in at one instalment. 

Sec 3. Be it further enacted^ That the rules, restrlc- Rules, &c. 
tions, limitations, reservations and provisions, which are 
provided in and by the third section of an act, entitled 
"An act to incorporate the President, Directors, and Com- 
pany of