Skip to main content

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

See other formats 


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  the  State  Bank,"  shall  be  binding  on   the  bank 
hereby  established  :  Provided  only^  that  the  bond   required  Proviso, 
to  be  given  by  the  Cashier,  shall  be  in  the  penalty  of  ten 
thousand  dollars;  that   the    number  of  Directors,  to  be 
chosen  annually,  shall  be  nine,  five  of  whom  shall  consti- 
tute a  quorum  for  the  transaction  of  business  :    And  pro- 
vided also^  that  the  amount  of  bills,  at  any  one  time  issued  ^^^^^""o^" 
from  said  bank,  shall  not  exceed  fifty  per  cent  beyond  their  per  cent, 
capital  stock  actually  paid  in. 

Sec  4.  Be  it  further  enacted^  That  the  said  bank  shall 
be  established  and  kept  m  the  town  of  Lynn. 

Sec  5.    Be  it  further  enacted^  That  any  committee,  Legislative 
specially  appointed  by   the  Legislature  for  the  purpose,  committee 
shall  have  a  right  to  examine  into   the  doings  of  the  said  S" Tc."^ 
corporation,  and  shall  have  free  access  to  all  their  books 
and  vaults;  and  if  upon  such  an  examination  it  shall  be 
found,  and  after  a  full  hearing  of  said  corporation  thereon 
be  determined   by  the  Legislature,   that  said  corporation 
have  exceeded  the  powers  herein  granted  them,  or  failed 
to  comply  with  any  of  the  rules,    restrictions  and  condi- 
tions in  this  act  provided,  their  incorporation  may  there- 
upon be  declared  forfeited  and  void. 

Sec  6.  Be  it  further  enacted^  That  the  persons  here- 
in before  named,  or  any  three  of  them,  are  authorised  to 
cull  a  meeting  of  the  members  and  stockholders  of  said  ^^^f,*^"^^  °^ 
corporation,  as  soon  as  may  be,  at  such  time  and  place,  as  meeting', 
they  may  see  fit,  by  advertising  the  same  for  three  weeks 
successively  in  the  Essex  Register  and  Salem  Gazette, 
for  the  purpose  of  making,  ordaining  and  establishing 
32  ' 


468  LYNN  MECHANICKS  BANK.  Feb.  28,  1814. 

such  by-laws,  ordinances  and  regulations  for  the  orderly 
conducting  the  affairs  of  the  said  Corporation,  as  the  said 
stockholders  shall  deem  necessary,  and  for  the  choice  of  the 
first  board  of  Directors,  and  such  other  officers  as  they 
shall  see  fit  to  choose. 

Sec  7.  Be  it  further  enacted^  That  it  shall  be  the  duty 
Shall  trans-  of  the  Directors  of  said  bank,  to  transmit  to  the  Governor 
mitstatement  ^^^  Council  of  this  Commonwealth,  for  the  time  beine, 

01  accounts.  .        .  i  i        r  i 

once  in  six  months  at  least,  and  as  much  oitener  as  they 
may  require,  accurateand  just  statements  of  the  amounts  of 
the  capital  stock  of  said  corporation,  and  of  debts  due  to  the 
same  ;  of  the  monies  deposited  therein  ;  of  the  notes  in 
circulation  ;  and  of  the  gold,  silver  and  copper  coin,  and 
the  bills  of  other  banks  on  hand ;  which  statement  shall 
be  signed  by  the  Directors,  and  attested  by  the  Cashier, 
and  shall  be  verified  by  oath  or  affirmation,  before  some 
person  competent  to  administer  the  same. 

Sec  8.  Be  it  furtJwr  enacted^  That  the  said  corporation 
counterfeL  shall  be  liable  to  pay,  to  any  bona  fide  holder,  the  original 
ed  notes,      amount  of  any  note  of  said  bank,  fraudulently  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, 
^'^^'^P^y*^*  from  and  after  the  first  day  of  September  next,  shall  pay 
urer.     ,       by  Way  of  tax  to  the  treasurer  of  this  Commonwealth,  for 
the  use  of  the  same,  within  ten  days  after  each  semi-annual 
dividend,  the  half  of  one  per  cent  on  the  amount  of  the 
original  stock  which  shall,  at  the  time  of  said  dividend, 
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 
rights  of  the  Legislature  to  lay  a  tax  upon  any  bank  already 
incorporated  under  the  authority  of  this  Commonwealth, 
whenever  they  may  see  fit  so  to  do. 

Sec  10.  Be  it  further  enacted^  That  one  tenth  part  of 
^rTriated^'  ^^^  Vvholc  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  manufiicturing  interest ;  which 
loans  shall  be  made  in  sums,  not  less  than  one  hundred 
dollars,  nor  more   than  five  hundred   dollars,    upon  the 


HARVARD  COLLEGE.  Feb.  28,  1814.  469 

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  such  forfeitures  and  rights  of  redemption,  as  is 
by  law  provided  in  other  cases. 

Sec  11.  Beit  further  enacted.  That  whenever  the  Le-  gj^gn  ^^^^  ^^ 
gislature  shall  require  it,  the  said  corporation  shall  loan  to  the  common: 
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  at  any  shorter  pe- 
riod, at  the  election  of  the  Commonwealth,  with  the  annu- 
al'payment  of  interest,  at  a  rate   not  exceeding  five  per 
centum  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  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  said  Com-  weai^i\  may 

X  -»  '  ^  '        ^  subscribe* 

monwealth,  a  sum  not  exceeding  sixty  thousand  dollars,  to 

be  added  to  the  capital  stock  of  said  company,  subject  to 

such  rules,  regulations  and  provisions,  as  shall  be  by  the  / 

Legislature  made  and  established  as  to  the  management 

thereof 

[Approved  by  the  Governor,  February  28,  1814.] 


CHAP.  CXCIV. 

An  Act  to  restore  the  Board  of  Overseers  of  Harvard 
College,  and  to  make  an  addition  thereto. 

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  an  act  made  and  passed  on 
the  twenty-eighth  day  of  February,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twelve,  entitled 
*'An  act  to  repeal  an  act,  entitled  an  act  to  alter  and  amend  Act  repealed 
the  Constitution  of  the  Board  of  Overseers  of  Harvard 
College,  and  to  regulate  certain  meetings  of  that  Board," 
be,  and  the  same  is  hereby  repealed. 


470  FRAUDS  IN  ELECTIONS.  Feb.  28,  1814. 

Senate  ad-  Sec.  2.  Be  it  further  enacted^  That  the  Senate  of  this 
iiidtu  the  Commonwealth  shull  be,  and  they  hereby  are  added  to  \he 
Board  of  Overseers,  constituted  by  an  act  made  and  pass- 
ed on  the  fifth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  ten,  entitled  "  An  aci  to  alter 
und  amend  the  Constitution  of  the  Board  of  Overseers  of 
Harvard  Collei^e,"  and  shall,  together  with  ihe  persons 
mentioned  in  the  said  last  mentioned  act,  hereafter  consti- 
tute the  Board  q{  Overseers  of  Harvard  College,  they,  or 
the  major  part  of  them  present  at  any  legal  meeting,  to  ex- 
ercise and  enjoy  all  the  rights,  powers  nnd  privileges,  and 
to  be  subject  to  all  the  duties  of  the  Board  of  Overseers, 
constituted  under  the  said  last  mentioned  act. 

Sec.  3.  Be  it  further  enacted^  That  this  act  shall  be  in 

Act,  whenin  fo^ce,  when  the  Overseers  of  Harvard.  Colleee,  constituted 

by  the  last  mentioned  act,  and  the  President  and  Fellows 

of  Harvard  College,  shall  agree  to  accept  the  provisions  of 

this  act. 

[Approved  by  the  Governor,  February  28,  1814.3 


CHAP.  CXCV. 

An  Act  to  prevent  Frauds  in  Elections. 

-De  it  enacted  by  the  Senate  and  House  of 
Representatives^  in  General  Court  assembled,  and  by  the 
authority  of  the  same^  That  if  any  person,  who  is  by  law 
authorised  to  preside  at  any  meeting,  or  to  receive  votes 
at  any  meeting,  which  may  be  holden  for  the  choosing  of 
Governor,  Lieutenant-Governor,  Senators  and  Counsel- 
lors, Representatives  to  Congress  or  to  the  General  Court, 
or  any  town  officers,  shall  knowingly  receive  the  vote  of 
any  person,  who  is  in  the  military  service  of  the  United 
States,  and  who  is  not  qualified  to  vote  agreeably  to  the 
constitution  and  laws  of  this  Commonv/ealth  in  choosing 
as  aforesaid  ;  such  person,  so  presiding  or  receiving  any 
}  orleiture.  vote  as  aforesaid,  shall  forfeit  and  pay  one  hundred  dollars, 
to  be  recovered  by  information  to  be  filed  and  prosecuted 
by  the  Attorney. General  or  the  Solicitor-General  in  the 
Supreme  Judicial  Court,  or  by  indictment  in  said  Court. 
[Approved  by  the  Governor,  February  28,  1814.] 


COURTS.  Feb.  28,  1814.  471 

CHAP.  CXCVI. 

An  Act  to  apportion  and  assess  a  tax  of  one  hundred  and 
thirty- ihife   thousand,   three    hundred  and   thirty-four 
dollars,  ninety-two  cents,  for  the  service  of  the  State. 
[Approved  by  the  Governor,  February  28,  1814.] 

CHAP.  CXCVII. 

An  Act  to  transfer  the  Powers  and  Duties  of  the  Courts  of 
Sessions  to  the  Circuit  Court  of  Common  Picas,  and  for 
other  purposes. 

Sec.  1.  JDE  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 
June  next,  the  act,  entitled  "An  act  to  establish  the  Court 
of  Sessions,"  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  repealed;  except  so  far  as  it  ^^*''l'^"^ 
relates  to  the  counties  of  SufTolk,  Nantucket  and  Dukes' 
county. 

Sec.  2.  Beit  further  enacted.  That  from  and  after  the 
first  day  of  April  next,  all  petitions,  recognizances,  war-  Petitions 
rants,  orders,  certificates,  reports  and  processes,  made  to,  Recogni^ 
pendmg  in,  taken  for,  or  continued,  or  returnable  to  the  ^^"ces,  &c- 
Courts  of  Sessions  in  the  several  counties  of  this  Com- 
monwealth, except  as  aforesaid,  shall  be  returnable  to,  en- 
tered, have  day,  be  proceeded  in,  and  determined  by  the 
respective  Circuit  Courts  of  Common  Pleas,  within  and 
for  the  same  counties  at  the  term  thereof,  which  shall  be 
holden  next  after  the  first  day  of  July  next,  and  that  all 
petitions,  recognizances,  warrants,  orders,  reports,  and 
processes,  which  shall  after  the  said  first  day  of  April 
next  be  made  or  taken,  shall  be  made  and  taken  to  the 
Circuit  Courts  of  Common  Pleas  within  the  respective 
counties,  except  as  aforesaid,  at  the  term  thereof  which 
shall  be  next  holden  after  the  said  first  day  of  July  next, 
in  the  same  manner  as  they  would  have  been  made  or  ta- 
ken to  the  said  Court  of  Sessions,  if  this  act  had  not  been 
passed. 


472  COURTS.  Feb.  28,  1814. 

Sec.  3.  Be  it  further  enactedyT\\..\\.iro\x\  diwd  Ti^itr  the 
first  day  of  June  next,  the  Circuit  Courts  of  Common 
Pleas,  within  this  Commonwealth,  at  the  first  term  there- 
of, which  shall  be  holden  in  each  county,  next  after  the 
Time  of  first  dav  of  January,  and  at  the  first  term  thereof  which 
Courts!  ^\yd\\  be  holden  in  each  county  next  after  the  first  day  of 
July  in  each  year,  shall  have,  exercise  and  perform  all  the 
Powers,  &c.  powers,  authorities  and  duties,  which  the  respective  Courts 
of  Sessions,  within  the  several  counties  in  this  Common- 
wealth have,  before  and  until  the  passing  of  this  act,  by 
law  had,  exercised  and  performed,  except  in  the  counties 
of  Suffolk,  Nantucket  and  Dukes'  countv  as  aforesaid. 
Sec  4.  Be  it  further  enacted^  That  his  excellency  the 
Governor  to  Govemor,  by  and  with  the  advice  and  consent  of  the 
sfon^Justices  C<^""^^'j  t)e,  and  he  hereby  is  authorised  immediately  af- 
ter the  passing  of  this  act,  to  appoint  and  commission  two 
discreet  persons,  being  free-holders,  within  each  county 
of  this  Commonwealth,  except  as  aforesaid,  who  shall  be 
Session  Justices  of  the  Circuit  Court  of  Common  Pleas 
in  their  respective  counties  ;  and  the  persons  so  appoint- 
ed and  commissioned,  shall  be  associated  with  the  Justi- 
ces of  the  Circuit  Court  of  Common  Pleas  at  the  first 
term  of  the  said  court,  which  shall  be  holden  in  their  re- 
spective counties,  next  after  the  first  day  of  January,  and 
at  the  first  term  thereof  which  shall  be  holden  next  after 
the  first  day  of  July,  in  each  year,  for  the  purpose  of  hear- 
ing, adjudging  and  determining  all  matters  and  things  of 
which  the  Courts  of  Sessions  in  the  several  counties  in  this 
Commonwealth,  before  and  until  the  passing  of  this  act, 
had  cognizance  and  jurisdiction,  and  of  which,  cognizance 
ai^d  jurisdiction  are  by  this  act  transferred  to  the  Circuit 
Court  of  Common  Pleas  ;  and  any  three  of  the  said  Justi- 
ces (of  whom  one  at  least  shall  be  one  of  the  Session  Jus- 
tices for  the  county)  shall  constitute  a  court  for  all  the 
purposes  expressed  in  this  act. 

Sec  5.  Be  it  further  enacted.  That  the  several  Ses- 
sion Justices  of  the  Circuit  Court  of  Common  Pleas  shall 
be  entitled  to  receive  out  of  the  treasury  of  their  respective 
Compensa-  counties,  three  dollars  for  each  day's  necessary  attendance 
at  the  Circuit  Court  of  Common  Pleas,  and  ten  cents  for 
each  mile  of  necessary  travel  from  their  respective  places 
of  abode  to  attend  said  courts  for  the  purpose  expressed 
in  this  act :  Provided^  That  the  said  Justices  shall  be  al- 


PHILLIPS  SCHOOL  FUND.  />6. 28, 1814.  47S 

lowed  pay  for  no  more  than  one  travel  at  any  one  term  of 
the  said  courts. 

[Approved  by  the  Governor,  February  28,  1814.] 


CHAP.  CXCVIIL 

An  Act  to  establish  a  Fund  for  the  support  of  Schools,  in 
the  town  of  Phillips. 

Sec.  1.  XJE   it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^   arid  by  the 
authority  of  the  satne,  That  Thomas   Wilbur,   Benjamin  persons  in 
Tufts,  Thomas  C.  Jordan,  Jacob  Whitney,  Jonathan  Pratt,  corpocated. 
Joseph  Whitney,  and  Isaac  Davenport,  all  of  the  town  of 
Phillips,  in  the  county  of  Somerset,  be,  and  they  hereby 
are  constituted  and  made  a  body  politic  and  corporate,  by 
the  name  of  The  Trustees  of  the  School  Fund  in  the  town 
of  Phillips  ;  and  the  said  trustees  in   that  capacity,  shall 
have  power  according  to  their  best  discretion,   to  sell  the 
public  lot  of  land,  in  the  said  town,   which  in  the  original 
,  grant  was  reserved  for  the  support  of  schools  in  the  said 
town  ;  and  the  monies  arising  from  said  sale   to  put  at  in- 
terest, in  the  manner  provided  by  this  act,  which  monies 
shall  be  a  fund  for  the  support  of  schools  in  the  said  town; 
and  the  number  of  the  said  trustees  shall  never  exceed  Trustees 
seven,  nor  be  less  than  five,  any  three  of  whom  may  be  a  ''"^i^ed. 
quorum  for  doing  business  ;    and  the  said  trustees  and 
their  successors,  shall  annually  elect  by  written  votes,  a  „,     . 
chairman,  and  also  a  clerk  to  record  and  certify  their  do-  officers. 
ings,  and  a  treasurer  to  receive,  keep,  and  apply  the  mon- 
ies belonging  to  the  said  school  fund  as  is  herein  direct- 
ed ;  and  the  said  treasurer  shall  give  bond,  with  two  suf-  Treasurer 
ficient  bondsmen,  for  the  faithful  discharge  of  his  trust ;  ^°  s^'^'*^  ''""'^ 
and  the  said  trustees  may  keep  and  use  a  common  seal, 
subject  to  alteration  at  their  pleasure  ;  and  by   their  cor- 
porate name  aforesaid,  may  sue  and  be  sued,  in  any  ac- 
tion, real,  personal  or  mixed,  and  may  prosecute  and  de- 
fend the  same,  to  final  judgment  and  execution. 

Sec.  2.  Be  it  further  enacted^  That  one  of  the  said  trus- 
tees shall  annually  retire,  beginning  and  proceeding  ac- 
cordingly by  seniority  of  age,  and  such  vacancy  shall  be 


474  PHILLIPS  SCHOOL  FUND.  Feb,  28,  1814. 

Vacancy,  supplied  by  election  of  the  freeholders,  at  their  annual 
low  e  .  j.Q^y,-j  nieeting  for  the  choice  of  town  officers;  and  in  like 
manner  any  vacancy  may  be  supplied,  which  may  happen 
by  death,  resignation,  removal,  inability,  infirmity,  mis- 
conduct, or  any  other  cause,  which  in  the  judgment  of  the 
said  freeholders  shall  be  sufficient  for  such  lemovul,  and 
to  fill  the  vacancy  so  occasioned  thereby  ;  and  they  may 
also  remove  any  officer  or  agent  by  them  employed,  when 
they  may  see  sufficient  cause. 
Trustees  Sec.  3.    Be  it  further  enacted^  That  the  said  trustees 

empowered.  ijg^  gj^^j  jh^y  ^re  hereby  empowered  to  sell  and  convey  the 
public  lot  in  the  said  town,   which  in   the  original   grant 
thereof  was  reserved  for  the  support  of  schools  in  the  said 
town  of  Phillips  ;  and  to   make,  execute,   acknowledge, 
and  deliver  a  good  and  sufficient  deed  or  deeds  thereof, 
which  heing  signed  by  the  treasurer,  and  countersigned  by 
the  cieik  of  the  said  corporation,  with  their  seal  affixed, 
shall  be  good  and  effirrctual  in  law,  to  pass  and  convey  the 
fee  simple  from  the  said  town  to  the  purchaser  ;  and  the 
monies  arising  from  the  sale  of  the  s aid  school  lands,  shall 
Monies  to  be  be  put  at  interest  as  soon  as  may  be,  and  secured  by  mort- 
at  interest.   ^^^^  ^^^  ^^^  estate,  to  the  full  value  of  the  property  sold, 
or  money  loaned,  or  by   two  or  more  sureties   with  the 
principal,  unless  the  said  trustees  shall  think  it  more  ex- 
pedient to  invest  the  same  in  public  funded  securi  ies  or 
bank  stock,  at  their  discretion;  and  all  donations,  grants, 
bequests,  or  legacies,  which  may   be  hereafter   made   and 
given  for  the  use  of  schools  in  the  said   town   of  Phillips, 
shall  be  added  to  the  said  fund,    and   appropriated  to  the 
same  purpose,  in  the  manner,  and   within  the   restrictions 
and  provisions  made  in  this  act.     And  the  interest  and 
profits  only  arising  from  the  said  funds,  shall  be  used  and 
applied  for  the  benefit  of  the  schools  in  the  said  town  ;  and 
it  shall  never  be  in  the  power  of  the  said  town  to  alienate, 
alter,  or  vary  the  appropriation  of  the   said  funds.     And 
the  said  trustees,  and  the  officers  of  the  said   corporation, 
for  the  services  they  may  perforni,  shall  receive  no  com- 
pensation out  of  the  said  funds,  interests  or  profits  afore- 
said, but  a  reasonable  compensation  for  such  services  may 
be  paid  to  theni  by  the  said  town,  as  they  may  see  cause. 
Sec  4.  Be  it  further  enacted^   That  the  said  trustees 
spoiwrbie.'^^'  and  each  of  them  severally,  shall  be  responsible  to  the 
town  for  their  personal  neglect,    or  misconduct,    whether 


CLERKS  OF  COURTS.  Feb.  28,  1814.  47:^ 

they  be  officers  or  not,  and  liable  to  prosecution  for  any 
loss  or  damage  to  the  said  funds  arising  thereby  ;  and  the 
debt  or  damage,  recovered  in  such  suit,  shall  be  consider- 
ed as  belonging  to  the  said  funds,  and  applied  accordingly  ; 
and  at  every  annual  meeting  of  the  said  town,  the  trustees  Duties  of  the 
shall  exhibit  a  true  and  fair  statement  of  their  doings,  and  Trustees. 
of  the  condition  of  the  said  funds  ;  and  the  said  trustees 
and  the  officers  of  the  said  corporation,  for  the  services 
they  may  perform,  shall  receive  no  compensation  out  of 
the  funds,  interests  or  profits  aforesaid,  but  a  reasonable 
compensation  for  such  services  may  be  allowed  to  them 
by  the  said  town. 

Sec  5.  Be  it  further  enacted^  That  any  Justice  of  the 
Peace  for  the  county  of  Somerset,  is  hereby  empowered, 
upon  application  therefor,  to  issue  a  warrant  directed  to  one  sue  warramT 
of  the  trustees  named  in  this  act,  requiring  him  to  notify  and 
warn  a  meeting  of  said  trustees,  to  meet  at  such  conven- 
ient time  and  place,  as  shall  be  appointed  in  the  said  war- 
rant, to  organize  the  said  corporation,  by  the  election  and 
appointment  of  its  officers  ;  and  the  said  corporation,  when 
duly  organized,  may  adopt  and  settle  the  way  and  means 
of  calling  and  notifying  future  meetings. 

[Approved  by  the  Governor,  Februar}'-  28,  1814.2 


CHAP.  CXCIX. 

An  Act  in  addition  to,  and  declaratory  of  the  true  intent 
and  meaning  of  "  An  act  to  repeal  in  part  an  act,  enti- 
tled an  act  providing  for  the  appointment  of  Clerks  of 
the  Courts  in  the  several  Counties,  and  for  the  safe  keep- 
ing of  the  Judicial  Records  and  Files,  and  for  other  pur- 
poses." 


W, 


HEREAS  in  pursuance  of  "  An  act  pro- 
viding for  the  appointment  of  Clerks  of  the  Courts  in  the 
several  Counties,  and  for  the  safe  keeping  of  the  Judicial  Preamble. 
Records  and  Files,  and  for  other  purposes,"  some  clerks 
of  the  courts  had  rendered  to  the  treasurers  of  their  res- 
pective counties  the'^r  accounts  of  the  sums  by  them  re- 
ceived, and  had  paid  over  to  their  respective  county  treas- 
urers, for  the  use  of  the  county,  one  half  of  the  residue; 


476  PRISON  POINT  DAM  CORPO.         Feb.  28,  1814. 

after  deducting  twelve  hundred  dollars  ;  and  whereas  the 
General  Court  had  directed  the  sums  that  were  to  be  so 
paid  by  the  clerks,  within  the  second  and  the  third  Eastern 
Circuits,  to  be  paid  over  by  the  county  treasurers  within 
the  said  Circuits,  to  the  Judges  of  the  Circuit  Courts  of 
Common  Pleas,  for  their  further  compensation  ; 

Sec.  1.    Be  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by  the 
Explanation  authority  of  the  same,  That  nothing  contained  in    "  An 
of  act.  act  to  repeal  in  part  an  act,  entitled  an  act  providing  for 

the  appointment  of  Clerks  of  the  Courts  in  the  several 
Counties,  and  for  the  safe  keeping  of  the  Judicial  Records 
and  Files,  and  for  other  purposes,"  shall  be  so  construed, 
as  to  exempt  the  clerks  of  the  several  counties  from  ren- 
dering their  accounts  to  the  respective  county  treasurers, 
of  monies  received  by  them  until  the  twenty- seventh  day 
of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fourteen,  or  from  paying  over  one  half  of  the 
residue  of  the  sums  received  b}  them,  after  deducting 
twelve  hundred  dollars  annually,  until  the  said  twenty- 
seventh  day  of  January,  in  the  same  manner  they  were  re- 
quired to  do,  by  the  second  section  of  "An  act  providing 
for  the  appointment  of  Clerks  of  thi:  Courts  in  the  several 
Counties,  and  for  the  safe  keeping  of  the  Judicial  Records 
and  Files,  and  for  other  purposes." 
judffes  may  ^Ec.  2.  Be  it  further  enacted.  That  the  Judges  of  the 
appoint  Supreme  Judicial  Court  are  hereby  authorised  and  empow- 
clerlts.  ^^^^  tQ  appoint  Clerks  of  the  Supreme  Judicial  Court,  and 
of  all  the  Circuit  Courts  of  Common  Pleas  within  the  Com- 
monwealth. 

[Approved  by  the  Governor,  February  28,  1814.] 


CHAP.  CC. 

An  Act  to  repeal  in  part  an  act,  entitled  "  An  act  to  in- 
corporate Samuel  H.  Flagg,  and  others,  by  the  name  of 
The  Proprietors  of  Prison  Point  Dam  Corporation." 

Sec.  1.  JjE  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  act,  entitled 


PRISON  POINT  DAM  CORPO.  Feb.  28, 1814.  477 

"  An  act  to  incorporate  Samuel  H.  Fla,8^g,  and  others,  by 
the  name  of  The  Proprietors  of  the  Prison  Point  Danl 
Corporation,  as  provides  that  five  cents  a  ton  shall  be  al-  Act  in  part 
lowed  and  paid  by  the  said  corporation  for  detention  of  all  ^^P^*^^'^- 
sea  vessels  of  more  than  forty  tons  burthen,  which  shall 
pass  with  freight  through  the  locks  thereof,  be,  and  the 
same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted^  That  the  said  corpora- 
tion shall  be  allowed  to  occupy  and  possGss  for  the  objects  of  property. 
and  purposes  of  said  corporation,  a  parcel  of  flats  between 
Prison  Point  and  Lechmere's  Point,  not  exceeding  three 
hundred  feet  in  width,  if  in  their  judgment,  the  same  shall 
be  found  necessary,  and  that  the  travelling  path  on  said 
dam  shall  not  be  less  than  thirty  feet  in  width. 

Sec  3.  Be  it  further  enacted^  That  the  proprietors  of 
said  dam,  shall  have  a  right,  if  at  any  time  hereafter  they  R;~jjts  and 
shall  see  fit  to  make  a  road  from  the  said  dam  to  the  privileges. 
Main- Street  in  Charlestown  ;  and  any  person  whose  land 
shall  be  taken  for  said  road,  shall  be  entitled  to  compensa- 
tion in  damages  therefor,  and  shall  have  a  like  remedy  and 
process  therefor  in  all  repects  as  is  given  in  the  several 
acts  for  laying  out  highways  within  this  Commonwealth. 
[Approved  by  the  Governor,  February  28,  1814.3 


END  OF  JANUARY  SESSION,  1814^ 


COMMONWEALTH  OF  MASSACHUSETTS. 

Secretary's  Office^  May  4,  1814. 
By  this  I  certify,  that  the  acts  and  laws  contained  in  this  Pamphlet, 
which  were  passed  by  the  Legislature  at  their  January  Session  the 
present  year,  have  been  examined  and  compared  in  this  Office  with 
the  originals,  and  appear  to  be  correct.'^ 

ALDEN  BRADFORD,    ^Zi:^L 


LAWS 


COMMOXWEJILTH  OF  MASSACHUSETTS, 

PASSED  BY  THE  GENERAL  COURT, 

AT  THE  SESSION   COMMENCING   ON   THE  25th  DAY  OF  MAY,  AND 

ENDING  ON  THE  14th  DAY  OF  JUNE, 

1814'. 


CHAP.  I. 


Au  Act  in  addition  to  an  Act,  entitled  ^^  an  Act  to  incor- 
porate the  President,  Directors  and  Company  of  the 
Springfield  Bank." 


B 


lE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  so  much  of  an  act,  entitled 
<^  An  act  to  incorporate  the  President,  Directors  and^^<|J|»J|P*^ 
Company  of  the  Springfield  Bank,"  as  regards  the  times 
at  which  the  Stockholders  of  said  Bank  are  required  to 
pay  in  their  several  instalments  of  the  capital  stock  there- 
of, be,  and  hereby  is  repealed  ;  and  that  the  Stockhol- 
ders of  said  Bank  be,  and  hereby  are  required  to  pay  in 
the  several  instalments  of  the  capital  stock  of  said  Bank 
at  the  following  periods,  to  wit  :  the  first  instalment  on 
the  first  day  of  October  next ;  the  second  on  the  first  day 
of  April  next ;  the  third  instalment  on  the  first  day  of 
October  next  after,  and  the  fourth  instalment  on  the  first 
day  of  April  next  after. 

[A^pproved  by  the  Governor,  June  S,  1814.] 
34 


480  TURN.  COR.— WOOL  MANU.  June  3, 1814. 


CHAP.  IL 

Au  Act  for  the  relief  and  to  alter  the  name  and  stile  of 
the  third  Massachusetts  Turnpike  Corporation. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assemhled,  and  by  the 
authority  of  the  same,  That  an  act,  entitled  "  An  act  in 
Act  vepeaicd.  addition  to  the  several  acts  establishing  and  regulating 
the  third  Massachusetts  Turnpike  Corporation,"  which 
was  passed  on  the  fifth  day  of  February  last,  be,  and 
the  same  hereby  is  repealed. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Corpor- 
ation shall  henceforth  be  known  and  called  by  the  name 
and  stile  of  the  Worthington  Turnpike  Corporation. 
[Approved  by  the  Governor,  June  3,  1S14.] 


CHAP.  111. 

An  Act   establishing  the   Haverhill  Cotton  and  Wool 
Manufactory. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  asseinbled,  and  by  the 
Z^IJ^'^^}'^'^^^'  authority  of  the  same,  That  Ebenezer  Gage,  James  How, 
William  Dole,  Richard  H.  Kimball,  Benjamin  Clark, 
EdAvard  Brown,  Benjamin  Emerson,  3  un.  and  Solomon 
Nelson,  Jun.  with  such  other  persons  as  already  have, 
or  hereafter  may  associate  with  them,  their  successors 
and  assigns,  be,  and  they  liereby  are  made  a  Corpora- 
tion, by  the  name  of  the  Haverhill  Cotton  and  Wool 
Manufactory,  for  the  purpose  of  manufacturing  cotton 
and  woollen  yarn  and  cloth,  within  the  town  of  Haver- 
hill, and  for  such  purposes,  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties  and  require- 
ments contained  in  an  act  passed  on  the  tliird  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  nine,  entitled  "  An  act  defining  the  general 
powers  and  duties  of  Manufacturing  Corporations." 


CHESTER  GLASS  COMP.  June7,  1814.  481 

Sec.  2.  Be  it  further  enacted,  That  said  Coporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate 
not  exceeding  the  value  of  thirty  thousand  dollars,    anda,,<7  perso.^i 
such  personal  estate  not  exceeding  eighty  thousand  dol-  *''*^«' 
lars,  as  may  be  necessary  for  the  purposes  aforesaid. 
[Approved  by  the  Governor,  June  7?  1814.] 


CHAP.  IV. 

An  Act  to  incorporate  the  Chester  Glass  Company. 

Sec.  1.  XjE  it  enacted  hy  the  Senate  and  House  of 
Meprpsentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Jesse  Farnam,  Harvey  ^"""""j '"''">■• 
Champion,  John  Dewey,  Charles  Douglas,  Thomas 
Mather,  David  King,  Leister  King,  Benjamin  Hastings, 
together  with  such  others  as  have,  or  may  hereafter  as- 
sociate with  them,  their  successors  and  assigns,  be,  and 
tliey  are  hereby  made  a  Corporation,  by  the  name  of  the 
Chester  Glass  Company,  for  the  purpose  of  manufactur- 
ing glass  in  the  town  of  Chester,  in  the  county  of  Hamp- 
den ;  and  for  the  purpose  aforesaid,  shall  have  all  the 
powers  and  privileges,  and  shall  be  subject  to  all  the 
duties  and  requirements  contained  in  an  act  passed  the 
third  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  nine,  entitled  "  An  act  defining  the 
general  powers  and  duties  of  Manufacturing  Corpora- 
tions." 

Sec.  2.  Be  it  further  enacted.  That  said  Corporation  ^gy  1,0,^  ^eai 
may  be  lawfully  seized  and  possessed  of  such  real  estate  '•"'^   personal 
not  exceeding  the  value  of  fifty  thousand  dollars,   and 
such  personal  estate  not  exceeding  one  hundred  and  fif- 
ty thousand  dollars,  as  may  be  necessary  and  convenient 
for  carrying  on  the  manufacture  aforesaid. 

[Approved  by  the  Governor,  June  7^  1814.] 


4S^  FAC.  COMP.—BERKLEY.  June  7,  1814. 


CHAP.  V. 

An  Act  to  incorporate  the  Asliburnham  Cotton  Factory 

Company. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
liepresentatives  in  General  Court  assembled,  and  by  the 
Persons  mwi:  authority  of  the  same.  That  David  Cashing,  Juu.  Josiah 
pqiaied.  x«ane,  Benjamin  Barrett  and  Charles  Barrett,  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  Ash- 
burnham  Cotton  Factory  Company,  for  the  purpose  of 
manufacturing  cotton  yarn, thread,  cloth  and  other  cotton 
goods,  in  the  town  of  Ashburnham,  in  the  county  of 
Worcester  ;  and  by  that  name  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements contained  in  an  act  passed  the  third  day 
of  March,  one  thousand  eight  hundred  and  nine,  enti- 
tled ^^  An  act  defining  the  general  powers  and  duties 
of  Manufacturing  Corporations." 

Sec.  2.  Be  it  further  enacted^  That  said  Corporation 

MRy  hold  real  may  lawfulW  hold  and  possess,  for  the  purposes  afore- 

'"^jg/**"^^"""'  said,  real  estate  to  the  value  of  twenty  thousand  dollars, 

and  personal  estate  to  the  value  of  sixty  thousand  dollars. 

[Approved  by  the  Governor,  June  7y  1814.] 


CHAP.  VI. 

An  Act  to  establish  the  Free  Christian  Society  in 
Berkley. 

Sec.  1.  JjEif  enacted  by  the  Senate  and  House  of 
liepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Zephaniah  Jones,  Edmund 
:;?.  ■'"'*"  Burt,  Henry  Tew,  Phillip  Tew,  Dan  Tew,  John  Tew, 
Hathaway  Tew,  Darius  Phillips,  John  Phillips,  Joseph 
Dean,  Aaron  Nichols,  EbenezerPeirce,  Jr.  MarickTew, 
Barnabas  -  udworth,  David  Cudworth,  JobBriggs,  Wil- 
liam EvanS;  John  Goff,  Avery  WiusloW; George  Briggs, 


Persoi 
porated 


BERKLEY  SOCIETY.  June  7,  1814^.  483 

Joseph  Brings,  Sam'lPaull,  Ebenezer  Paul],  ad,  Ahasue- 
rus  Paull,  Ephvaim  Caswell,  Phillip  Caswell,  Johu  Burt, 
Venus  Macombei'j  Elisha  Peirce,  Jun.   William  Har- 
vey, Dean  Jones,  Joseph  Atwood,  Alanson   Cumtnings, 
Hannah  Burt,  Joseph  Burt,   Weston  AVestcoat,  with 
their  families  and  estates,  together  with  such  others,  as 
may  hereafter  associate  with  them  and  their  successors, 
in  the  manner  provided  by  this   act,  be,  and  they  are 
hereby  incorporated  as  a  religious  society,  by  the  name 
of  the  Free  Christian  Society  in  Berkley,  with  all  the 
powers  and  privileges   exercised  and  enjoyed  by  other 
religious  societies,  according  to  the  constitution  and  laws 
of  this  Commonwealth  :  Provided,  That  all  such  persons  ProTisc, 
shall  be  holden  to  pay  all  monies  granted  and  legally 
assessed  in  said  town  of  Berkley,  for  parochial  purpo- 
ses, prior  to  the  passing  of  this  act. 

Sec.  2.  Be  it  further  enacted  jThni&ny  person,  who 
may  desire  to  become  a  member  of  the  said  Free  Chris- 
tian Society,  shall  declare  such  intention  to  the  Clerk  or 
Committee  of  said  Society,  fifteen  days  at  least  previous 
to  their  annual  meeting  ;  and  if  such  person  do  receive 
and  can  produce  a  certificate  of  admission,  signed  by  Manner  of  be. 
the  Clerk  or  Committee,  that  such  person  has  united  ^b^™'"^"™^'"- 
with  and  actually  become  a  member  of  said  Free  Chris- 
tian Society,  and  shall  also  leave  an  attested  copy  of  the 
said  certificate  with  the  Clerk  of  the  Parish  or  Society 
to  which  he  or  she  formerly  belonged,  such  person  from 
the  time  of  leaving  a  copy  of  said  certificate  with  the 
Clerk  of  the  Parish  or  Society  to  which  he  or  she  for- 
merly belonged,  shall  be  considered,  with  his  or  her 
polls  and  estate,  a  member  of  the  said  Free  Christian 
Society  ;  Provided,  hoivever.  That  every  such  person  Proviso. 
shall  be  holden  to  pay  liis  or  her  proportion  of  all 
parochial  expences  in  tlic  Society  to  which  such  person 
belonged,  assessed,  and  not  paid,  previous  to  leaving 
such  Society. 

Sec.  3.  Be  itfu7'ther  enacted.  That  when  any  mem- 
ber of  the  said  Free  Christian  Society  may  see  cause 
to  leave  the  same,  and  unite  with  any  other  religious  So- 
ciety, he  or  she  shall  give  notice  of  such  intention  to  the 
Clerk  or  Committee  of  such  other  Society,  fifteen  days  at 
least  previous  to  the  annual  meeting,  and  if  such  person 


484*  MKDFORD  WIRE  FAC.  June  7, 1814. 

receive  and  can  produce  a  certificate  of  admission,  signed 
by  the  Clerk  or  Committee  of  such  other  religious  Bocie- 
tjj  that  such  person  has  united  with  and  actually  become 
a  member  of  the  said  other  Society,  and  shall  also  leave 
an  attested  copy  of  the  said  certificate  with  the  Clerk  of 
the  said  Free  Christian  Society,  such  person  having  paid 
his  or  her  proportion  of  all  monies  voted  to  be  raised  ia 
said  Free  Clnistian  Society  previous  thereto,  shall,  from 
the  time  of  leaving  a  copy  of  said  certificate  with  the 
Clerk  of  said  Free  Christian  Society,  be  considered 
with  his  or  her  polls  and  estate  as  a  member  of  said  oth- 
er Society. 

Sec.  4.  .Be  it  further  enacted,  That  any  Justice  of  the 
Jostles  to  issue  Peace  for  the  county  of  Bristol  be,  and  hereby  is  au- 
thorised to  issue  a  warrant,  directed  to  some  member  of 
said  Free  Christian  Society,  requiring  him  to  notify  and 
warn  the  members  thereof  to  meet  at  such  time  and  place 
as  shall  be  appointed  in  said  warrant,  to  choose  all  such 
officers  as  religious  Societies  have  a  right  to  choose  at 
their  annual  meetings. 

[Approved  by  the  Governor,  June  7^  1814.] 


CHAP.  VII. 

An  Act  in  addition  to  an  act,  entitled  "  An  act  to  incor- 
porate certain  persons  by  tlie  name  of  the  Medford 
Wire  Factorv.'^ 


sea. 


P:o\i  0. 


Sec.  1.  JjE  it  enacted  by  the  Senate  and  Hous^  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  the  powers  heretofore  gran- 
'  ■  ted  to  the  Medford  Wire  Factory  be,  and  tliey  hereby 
are  so  far  enlarged,  as  that  the  said  Corporation  may 
hereafter  carry  on  as  well  the  manufacture  of  screws  as 
of  wire  :  Provided  however,  That  the  capital  stock, 
vested  in  the  said  additional  branch  of  manufacture, 
shall  at  no  time  exceed  the  sum  of  fifty  thousand  dollars. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Corpor- 
ation shall  henceforth  be  known  and  called  by  the  name 
of  the  Medford  Wire  and  Screw  Factory. 

[Approved  by  the  Governor,  June  7?  1814.] 


MANU.  COMP.— INS.  COMP.  June  9, 1814.  Ig5 


CHAP.  VIII. 

An  Act  to  incorporate  the  Atliol  Manufacturing 
Company. 

Sec.  1.  JjE  it  enacted  hij  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
anthoritij  of  the  same,  That  Ebenezer  Nickerson,  Am- Poisons  incor- 
nii  Cutter,  Aaron  Brigham  and  Adin  Holbrook,  their ^^'"^'^''" 
successors  and  assigns,  be,  and  they  hereby  are  made  a 
Corporation,  by  the  name  of  the  Athol  Manufacturing 
Company,  for  the  purpose  of  spinning  cotton  and  wool, 
and  manufacturing  cotton  and  woollen  cloth  and  yarn,  in 
the  town  of  Athol,  in  the  county  of  Worcester  ;  and  for 
tiie  purposes  aforesaid,  shall  liave  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  eiglit  hundred  and 
Mine,  entitled  an  act  defining  the  general  powers  and 
duties  of  Manufacturing  Corporations. 

Sec.  g.  Be  it  further  enacted,  That  said  Corporation  ^J^y  i.ou  ^.^^^ 
may  be  lawfully  seized  and  possessed  of  such  real  estate  and    perbouai 

estate 

not  exceeding  the  value  of  iifty  tliousand  dollars,  and 
such  personal  estate  not  exceeding  fifty  thousand  dollars, 
as  may  he  necessary  and  convenient  for  carrying  on  the 
manufacture  aforesaid. 

[Approved  by  the  Governor,  June  9,  1814.] 


CHAP.  IX. 

An  Act  in  addition  to  an  act,  entitled  '•  An  act  to  incor- 
porate William  Gray,  Jun.  Esq.  and  others,  into  a 
Company,  by  the  name  of  the  Essex  Fire  and  Marine 
Insurance  Company.'' 


B 


lE  it  enacted  by  the  Senate  and  House  of 
Represe^ifatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  the  Essex  Eire  and  Marine  po  invest  real 
Insurance  Company  be,  and  they  hereby  are  authorised  ''*'"^*-'- 
35 


486  PAPER  MANU.  COMP.  June  9,  1814. 

and  empowered  to  invest  in  real  estate,  the  sum  of  one 
hundred  thousand  dollars  of  their  capital  stock,  for  the 
use  of  said  Company,  any  thing  contained  in  the  act, 
entitled  "  An  act  to  incorporate  William  Gray,  Jun, 
Esq.  and  others,  into  a  Company,  by  the  name  of  the 
Essex  Fire  and  Marine  Insurance  Company,"  to  the 
contrary  notwithstanding. 

[Approved  by  the  Governor,  June  9,  1814.] 


CHAP.  X. 

An  Act  to  incorporate  the  Dalton  Cotton  and  Paper 
Manufacturing  Company. 


Sec.  1.  JjK  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Henry  Marsh,  Martin  Cham- 
piS. '"''°'^' ^^^'^''^i'^^  Daniel  Boardman,  Dan  Chamberlain,  Zenas 
Crane,  Thomas  Holden,  and  Trumbull  Dorrance,  to- 
gether 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  Dal- 
ton  Cotton  and  Paper  Manufacturing  Company,  for  the 
purpose  of  manufjicturing  cotton  yarn,  cotton  cloth,  and 
paper,  in  the  town  of  Dalton,  in  the  county  of  Berkshire  ; 
and  for  the  purposes  aforesaid,  shall  have  all  the  pow- 
ers 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.  g.  Be  it  further  enacted,  That  said  Corporation 
May  hoii  real  may  bc  lawfully  seized  and  possessed  of  such  real  es- 
esuter'^°°°^'  tate  not  exceeding  the  value  of  thirty  thousand  dollars, 
and  such  personal  estate  not  exceeding  fifty  thousand 
dollars,  as  may  be  necessary  and  convenient  for  carry- 
ing on  the  manufactures  aforesaid. 

[Approved  by  the  Governor,  June  9,  1814.] 


Wellington.  Jtme  9, 1814.        4«7 


CHAP.  XL 

An  Act  to  incorporate  the  north  part  of  the  town  of  Digh- 
ton  into  a  seperate  town  by  tlie  name  of  Wellington. 

Sec.  1.  JljE  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  following  lines  and  boundaries  in  the 
town  of  Dighton,  in  the  county  of  Bristol,  with  all  the 
inhabitants  dwelling  therein,  viz  :  on  the  south  by  Se-  scribed.  ' 
greganset  river,  beginning  at  its  mouth  and  ending  at  the 
second  Bridge  across  the  same,  in  the  highway  leading 
from  the  lower  street,  westerly  by  Thomas  B.  Richmond, 
Esq.  on  the  nortii   side  of  said  highway  to  the  upper 
street,  tlien  by  the  north  side  of  the  road  running  west- 
erly from  said  upper  street  by   Constant  Simmonds  and 
Samuel   Briggs  the  first  three    rods  west   of    Abizer 
Briggs'  dwelling-house ;  then  northerly  in  a  direct  line 
three  rods  easterly  of  the  dwelling-house  of  Peter  W. 
Paul  ;  then  in  a  direct  line  northerly  six  rods  east  of  the 
dwelling-house  lately  owned  by  Jeremiah  Bowen  ;  thence 
westerly  on  the  south  side  of  the  road,  leading  by  Dan- 
iel WitherelFs  in  a  direct  course  to  Rehoboth  line  ;  thence 
following  the  line  of  division  between  Dighton  and  Re- 
hoboth until  it  reaches  Taunton  boundary  line  ;  thence 
on  tlie  boundary  line  of  Dighton  and  Taunton  to  its  ter- 
mination at  Taunton  great  river  ;  thence  by  said  river  to 
the  mouth  of  Segreganset,  where  the  bounds  began,  be,  ^ 
and  they  hereby  are  incorporated   into  a  town,  by  thcated"'"*^"'^''"'^ 
name  of  Wellington,  and  vested  with  all  the  powers,  pri- 
vileges, and  immunities,  and  subject  to   all  the  duties 
and  requirements  of  other  incorporated  towns  agreeable 
to  the  constitution  and  laws  of  this  Commonwealth. 

Sec.  2.  Beit  further  enacted.  That  all  the  expences  Support  of  the 
arising  for  the  support  of  the  poor  of  said  town  of  Digh-  ^'^'^^' 
ton,with  which  it  is  now  chargealde  shall  be  equally  di- 
vided between  the  towns  of  Dighton  and  Wellington,  and 
all  such  poor  as  have  removed  out  ofsaid  town  of  Digh- 
ton prior  to  this  act  of  incorporation,  but  who  may  here- 
after be  lawfully  returned  to  said  town  for  support,  shall 


^IS  DK3JHT0N.  j^une  9,  1814, 

be  supported  by  the  town  of  Digbton,  or  by  the  town  of 
Wellington  where  their  former  inhabitancy  will  law- 
fully settle  them  ;  and  Avhen  the  said  town  of  Welling- 
ton shall  be  organized,  the  paupers,  whether  the  same 
be  supported  in  whole  or  in  part  only,  shall  be  divided 
as  nearly  as  may  be,  and  one  half  of  the  number  delivered 
over  to  the  Overseers  of  the  poor  of  that  town,  to  be  by 
them  supported. 

Sec.  3.  Be  itfurtlier  enacted,  That  the  inhabitants 
of  said  town  of  Wellington  shall  be  holden  to  pay  all 
To  pay  arrears,  arrears  of  taxes,  which  have  been  assessed  upon  them  by 
said  town  of  Dighton,  and  shall  be  entitled  to  receive, 
liold  and  enjoy,  such  proportion  of  all  debts  now  due, 
and  assessments  already  voted  to  said  town  of  Dighton, 
and  such  proportion  of  all  the  privileges  or  property, 
real  or  personal,  belonging  to  said  town  of  Dighton,  of 
what  kind  soever  it  may  be,  uow  owned  in  common  by 
the  inhabitants  of  said  town,  as  the  property  of  the  inhabi- 
tants of  said  town  of  Wellington  bears  to  the  property  of 
all  the  inhabitants  of  said  town  of  Dighton,  according  to 
the  last  valuation  thereof;  and  they  shall  be  holden  to  pay 
their  proportion,  to  be  ascertained  as  aforesaid,  of  all  the 
debts  uow  due  aud  ov.  ing  from  said  town  of  Dighton. 

Sec.  4.  Be  it  further  enacted^  That  in  case  the  divid- 
ing line  between  said  town  of  Dighton  and  said  town  of 
Wellington  should  happen  to  divide  the  farms  of  any  of 
the  inhabitants  of  either  of  said  towns,  the  said  inhabi- 
tants shall  be  taxed  for  the  whole  of  their  home  farms 
in  that  town  only  where  they  may  respectively  dwell  : 
Proviso.  Provided,  also,  and  be  it  further  enacted,  That  nothing 
in  this  act  shall  be  construed  so  as  to  alter  any  paro- 
chial boundary,  uiinisterial  fund,  burying  ground,  or  any 
religious  institution  connected  with  any  of  the  inhabi- 
tants of  said  town  of  Dighton. 

Sec.  5.  Beit  further  enacted,  T\\a.i  Thomas  Baylies 
""^  Richmond,  Esq.  one  of  the  Justices  of  the  Peace  for  the 
county  of  Bristol  aforesaid,  upon  application  therefor,  be, 
and  he  hereby  is  authorised  to  issue  his  warrant  direct- 
ed to  any  freeliolder  of  said  town  of  Wellington,  requir- 
ing him  to  notify  and  warn  the  inhabitants  thereof  to 
meet  at  such  time  and  place  as  shall  or  may  be  appoint- 
ed in  said  Avarrant  for  the  election  of  all  such  town  offi- 


Jnttiee  to 
warrdiii. 


PARIS  MANU.  COMP.  Jane  9, 1814.  489 

cers,  as  towns  are  by  law  authorised  to  choose  at  their 
annual  town  meetings. 

[Approved  by  tlie  Governor,  June  9,  1814. 


CHAP.  XII. 

An  Act  to  incorporate  tlie  Paris  Manufacturing 
Company. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
Jlejjresentatives  in  General  Court  assembled^  and  by  the 
autliority  of  the  same,  That  Elias  Stowell,  Albion  K.  vcr^nm  ineor- 
Parris,  JDaniel  Stowell,  Seth  Morse,  William  Stowell,  i'°' •^'^''' 
Levi  Hubbard,  Henry  Hust,  Nalhiel  Bennet,  Joseph 
Rust,  Alfred  Gates,  Caleb  Swift,  George  King,  John 
Valentine,  Joshua  Crockett,  Russel  Hubbai'd,  Austin 
Buck,  Daniel  Stowell,  Jr.  Levi  JBartlett,  and  Nicholas 
Chesley,  Jr.  together  with  such  other  persons  as  have 
or  may  hereafter  associate  with  them,  their  successor*; 
and  assigns,  be,  and  they  hereby  are  made  a  Corpor- 
ation, by  the  name  of  the  Paris  Manufacturing  Com- 
pany, for  the  purpose  of  manufacturing  cotton  and 
wool  at  Paris,  in  the  county  of  Oxford  ;  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,  eighteen  hun- 
dred and  nine,  entitled  "  An  act  defining  tlie  general 
powers  and  duties  of  Manufacturing  Corporations." 

Sec.  3.  Be  it  further  enacted,  That  said  Corporation  ^J«y  i.oM  re!«i 
may  be  lawfully  seized  of  such  real  estate,  not  exceed- el'Lu^*^'*""" 
ing  the  value  of  fifty  thousand  dollars,  and  such  person- 
al estate  not  exceeding  the  value  of  one  hundred  thou- 
sand dollars,  as  may  be  necessary  and  convenient  for 
establishing  and  carrying  on  the  manufacture  of  cotton 
and  wool,  at  Paris  aforesaid, 

[Approved  by  the  Governor,  June  9?  1814.] 


41)0  MANU.  COMP.— OXFORD.  June  9, 1814. 


CHAP.  XIII. 

An  Act  to  iucorporatc  the  Novthbridge  Cotton  Manu- 
facturing Company. 

Sec.  1.  ±jJL  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  Paul  Whitin,  James  Fletch- 
Feisons  incGi-erj  Samuel  Fletcher,  Pliny  Earle,  Jonah  Earle,  Silas 
poiaied.  Earle,  Timothy  Earle,  Charles  Sabin,  John  Sabin  and 
Joel  Lackey,  with  such  others  as  may  hereafter  associ- 
ate 'vvith  them,  their  successors  and  assigns,  be,  and  they 
hereby  are  made  a  Corporation,  by  the  name  of  the  North- 
bridge  Cotton  Manufacturing  Company,  for  the  purpose 
of  manufacturing  cotton  yarn  and  cloth,  in  the  town  of 
Northbridge  :  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  Manufacturing  Corpora- 
tions.*' 

Sec.  2.  Be  it  further  enacted  jTh^i  said  Corporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate 
Mny  hold  resi  not  excecdiug  tlie  value  of  fifty  thousand  dollars,  and 
enate!'^"^  °^^  such  personal  estate  not  exceeding  one   hundred  thou- 
sand dollars,  as  may  be  necessary  and  convenient  for 
tlie  carrying  on  the  manufacture  aforesaid. 

[Approved  by  the  Governor,  June  9,  1814.] 


CHAP.  XiV. 

xVn  Act  to  fix  the  times  and  place  for  holding  the  Circuit 
Court  of  Common  Pleas,  in  the  county  of  Oxford. 


Sec.  1.  J3E  it  enacted  by  the  Senate  and  House  of 
liepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  Circuit  Court  of  Com- 
mon Pleas,  in  and  for  the  county  of  Oxford,  shall  be 


STROUDWATEll.  June  9;  1814.  491 

lioldeiiat  Paris,  in  said  county,  on  the  first  Tuesday  in  rimes  smi  pia- 
May,  and  on  the  first  Tuesday  of  September,  and  on  the  «e*^^['"  ''"'^'"s 
last  Tuesday  of  December  annually. 

Sec.  2.  Be  it  further  enacted.  That  so  much  of  the 
act,  fixing  the  times  and  places  for  holding  the   Circuit  Act  in  pan  re. 
Court  of  Common  Pleas,  in  and  for  the  several  counties  p®''^''' 
in  this  Commonwealth,  as  relates  to  the  county  of  Ox- 
ford, be,  and  the  same  hereby  is  repealed. 

Sec.  3.  Be  it  further  enacted.  That  this  act  shall  be 
in  force  from  and  after  the  first  day  of  July  next. 

Sec.  4.  He  it  further  enacted,  That  all  actions  pend- 
ing at,  and  all  writs,  recognizances  and  processes  now 
made,  or  which  may  be  made  returnable  to  any  of  the  j'^^"""*  i^^"''* 
aforesaid  Courts,  which,  ])efore  the  operation  of  this  act, 
should  have  been  hoi  den  at  any  other  time  or  place,  than 
those  in  this  act  affixed  for  holding  said  Courts,  shall  be 
returnable  to,  entered,  made,  and  determined  at  the 
Court  next  to  be  holden  in  the  county  of  Oxford,  after 
said  first  day  of  July  next,  agreeable  to  the  true  intent 
of  such  writ,  process,  recognizance  or  appeal. 

[Approved  by  the  Governor,  June  9?  1814.] 


CHAP.  XV. 

An  Act  to  alter  the  name  of  the  town  of  Stroudwater,  in 
the  county  of  Cumberland. 

JLJE  it  enacted  by  the  Senate  and  House  of 
lie  present  atives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  the  name  of  the  town   of  ^^^"^^  a*^itered^ 
Stroudwater,  in  the  county  of  Cumberland,  be,  and  the 
same  hereby  is  altered  to  the  name  of  Wcstbrook  ;  and 
that  said  town  shall  henceforth  be  knoAvn  and  called  by 
the  said  last  mentioned  name  ;  any  thing  in  the  act  where- 
by the  said  town  was  incorporated  notwithstanding. 
[Approved  by  the  Governor,  June  {)y  1814.] 


492  GhA^S  FAC— TYNGSBORO'.  June  9,  1814. 

CHAP.  XVX. 

An  Act  to  establish  the  Farmers'  Glass  Factory. 

Sec.  1.  JlJE  it  enacted  hy  the  Senate  and  House  of 
Me/presentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Daniel  Aldrich,  John  Sher- 
pomed. '"'^°'  man^  Isaac  Sherinan,  Rufus  Darling,  Asa  Southwick 
and  Ebenezer  Pratt,  together  with  such  others  as  have, 
or  may  hereafter  associate  with  them,  their  successors 
and  assigns,  be,  and  they  are  hereby  made  a  Corpora- 
tion, by  the  name  of  the  Farmers'  Glass  Manufacturing 
Company,  in  Clarksburgh,  in  the  county  of  Berkshire, 
for  the  purpose  of  manufacturing  glass  in  said  Clarks- 
burgh ;  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  passed  the  third  day  of  March,  in  the  year  of  our 
Lord  eighteen  hundred  and  nine,  entitled  "  An  act  de- 
fining the  general  powers  and  duties  of  Manufacturing 
Corporations." 

Sec.  2.  Be  it  further  enated,  That  the  said  Corpora- 
May  hold  real  tiou  may  be  lawfully  seized  and  possessed  of  such  real 
c"t«ier'^°""'  estate  not  exceeding  the  value  of  ten  thousand  dollars, 
and  such  personal  estate  not  exceeding  twenty  thousand 
dollars,  as  may  be  necessary  and  convenient  for  carry- 
ing on  the  manufacture  aforesaid. 

[[Approved  by  the  Governor,  June  9;  1814.] 

CHAP.  XVII. 

An  Act  to  alter  and  establish  the  boundary  line  between 
the  towns  of  Tyngsborough  and  Dunstable,  in  the 
county  of  Middlesex. 

JlSE  it  enacted  by  the  Senate  and  House  of 
Jlejiresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That,  from  and  after  the  passing  of 
this  act,  the  boundary  line  between  the  towns  of  Tyngs, 


NEW-BRAINTREE.  June  10, 1814.  493 

borough  aiul  Dunstable,  in  ilie  county  of  JMiddlesex, 
shall  forever  hereafter  be  known,  fixed  and  established 
to  be  as  follows,  to  wit  :  to  begin  at  the  Province  line, Boundary  line, 
at  the  westerly  side  of  Cuniniings  Pollard's  land  ;  thence 
running  southe  rly  to  a  pine  stump,  known  and  called 
WelPs  corner,  by  \hQ  easterly  side  of  Samuel  Kcby's 
land  ;  thence  by  said  Eoby-s  land  to  Isaac  Wright's 
land  ;  thence  by  the  easterly  side  of  said  "Wright's  land, 
and  by  the  ea  ste  rly  side  of  Jonathan  Procter's  land,  to  a 
stake  and  stones,  it  being  said  Procter's  southeasterly 
corner  ;  thence  easterly  to  the  present  line  between  said 
towns  ;  thence  southerly  on  the  present  line  to  Robert 
Brindley's  land  ;  thence  westerly  by  the  northerly  side 
of  said  Brindley's  land  to  Massapcg  Pond  :  the  said 
town  of  Tyngsborough  being  on  the  easterly  and  souther- 
ly side  of  said  line,  and  the  said  town  of  Dunstable  being 
on  the  westerly  and  northerly  side  of  said  line  :  and  the 
above  described  line  shall  forever  hereafter  be  known^ 
fixed  and  established  to  be  the  true  boundary  line  be- 
tween said  tow  ns,  any  law  to  the  contrary  notwith- 
standing. 

[Approved  by  the  Governor,  June  10,  1814.] 


CHAP.  XVIII. 

An  Act  to  set  off  Joseph  Robinson  from  New-Braintree 
to  Hardwick. 

Sec.  1.  ~S3'Ei  it  enacted  ly  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Joseph  Robinson,  of  New  Persons  set  off 

—  from   town  of 


Braintree,  in  the  county  of  Worcester,  together  with  his  nsw-b"! 
family,  and  so  much  of  his  farm  as  now  lies  in  New 
Braintree,  and  west  of  Ware  River,  be,  and  they  are 
hereby  set  off  from  the  said  town  of  New-Braintree  and 
annexed  to  the  town  of  Hardwick ;  and  shall  forever  here- 
after be  subject  to  all  the  duties,  and  entitled  to  all  the 
privileges  of  citizens  and  inhabitants  of  the  town  of 
Hardwick  ;    Provided  however,  That  the  said  Joseph  P'^^'S". 

86 


aititr«. 


494  AGRICULTURAL  SOCIETY.  June  10, 1814. 

Robinson  and  his  family,  shall  he  liable  to  pay  all  taxes 
that  have  been  lawfully  assessed  on  him  or  them  by  the 
said  town  of  New-Braintree. 

Sec.  S.  Be  it  further  enacted,  That  the  amount  of 
the  estate  of  the  said  Robinson,  and  the  polls  thereon  re- 
state'deducted!  turned  by  the  assessors  of  the  said  town  of  New  Brain- 
tree,  in  the  last  valuation  taken,  as  belonging,  to  the  said 
town  of  New  Braintree,  be  deducted  from  the  return 
made  by  said  assessors,  and  added  to  the  return  made  by 
the  assessors  of  the  town  of  Hardwick. 

[Approved  by  the  Governor,  June  10, 1814.] 


CHxiP.  XIX. 

An  Act  to  incorporate  the  Hampshire  Agricultural  Society. 


Sec.  1.  XjE  it  enacted  hy  the  Senate  and  House  of 
Rejiresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  Robert  Cutler,  Calvin  Mer- 

porS.  '""^""^  ril,  Rufus  Cow  les,  Samuel  F.  Dickinson,  Hezekiah  W. 
Strong,  Enos  Baker,  John  Strong,Elijah  Boltwood,  Sim- 
eon  Strong,  Giles  C.  Kellogg,  Horace  Merrill,  Charles 
Phelps,  and  Isaac  Abercrombie,  their  associates  and 
successors,  be,  and  they  are  hereby  made  a  Corporation, 
by  the  name  of  the  Hampshire  Agricutural  Society,  for 
the  purpose  of  promoting  agriculture  ;  and  for  this  pur- 
pose shall  have  the  same  powers  and  privileges,  and  be 
subject  to  the  like  duties  and  restrictions,  as  the  other  in- 

May  hold  rea  1  corporatcd  Agricultural  Societies  in  this  Commonwealth ; 

?nd  pu'isonai  ^xid  the  Corporation  may  hold  and  possess  real  estate, 
not  exceeding  the  value  of  five  thousand  dollars,  and  the 
annual  income  of  its  personal  estate  shall  not  exceed  the 
value  of  three  thousand  dollars. 

Sec.  2.  Be  it  further  enacted,  That  any  Justice  of 

Justice  to  issue  the  Pcacc  for  the  county  of  Hampshire,  is  hereby  au- 
thorized  to  issue  a  warrant,  directed  to  one  of  the  mem- 
bers before  named,  requiring  him  to  notify  and  warn  the 
first  meeting  of  said  Society,  to  be  held  in  Amherst,  in 
said  county,  at  such  convenient  time  and  place  in  said 
town  as  may  be  appointed  in  said   warrant,  to   organ- 


COURT  OF  COMMON  PLEAS.       June  10, 1814.  495 

ize  the  said  Society,  by  electing  the  necessary  officers,  and 
forming  rules  and  regulations  for  the  government  of  the 
Society. 

[Approved  by  the  Governor,  June  11,  1814.] 


CHAP.  XX. 

An  Act  in  addition  to  an  act,  entitled  an  a«t  to  establish 
a  Circuit  Court  of  Common  Pleas  within  this  Com- 
monwealth. 

Sec.  1.  XjE  it  eyiacted  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  counties  of  Nantucket  and  Dukes'  county  ^""rtestabiish- 
shall  be  annexed  to  the  Southern  Circuit,  and  that  a  Cir- 
cuit Court  of  Common  Pleas  shall  be  holden  by  one  or 
more  of  the  Justices  of  said  Court  for  the  Southern  Circuit, 
at  Nantucket,  within  and  for  the  county  of  Nantucket,  pi^^g^^j^j^j^gj 
on  the  second  Monday  of  May  and  the  first  Monday  ofi»oWen. 
November  annually  ;  and  at  Edgarton,  within  and  for 
the  county  of  Dukes'  county,  on  the  third  Monday  of 
May  and  the  second  Monday  of  November  annually. 
And  all  actions,  suits,  matters  and  things  whatsoever.  Actions,  suits, 
now  pending  ill  the  Courts   of  Common  Pleas,   within  ^^Jj'Jg^""'*  i''"" 
and  for  the  counties  of  Nantucket   and  Dukes'  county, 
and  all  writs  and  processes  of  every   kind   whatsoever, 
returnable  to  said  Courts  of  Common  Pleas,  and  which 
would  have  had  day  therein  if  this  act  had    not  been 
passed,  shall  be  sustaiued,  returnable  to,  and  have  day 
in  and  be  acted  upon  by  said  Circuit  Court  of  Common 
Pleas,  at  the  first  term  thereof,  in  each  of  the  counties 
aforesaid;  and  all  parties,  jurors,  witnesses  and  other  Parties,  jurors, 
persons,  in  any  manner  bound  or  held  to  appear  in  the  ^*^* 
Courts  of  Common  Pleas,  which  would  have  been  holdeu 
within  and  for  the  county  of  Nantucket,  on  the  first  Mon- 
day of  October  next,  and  within  and  for  the  county  of 
Dukes'  county,  on  the  first  Monday  of  November  next,  if 
this  act  had  not  been  passed,  shall  be  held  and  bound,  un- 
der the  same  penalties,  to  appear  in  the  said  Circuit  Court 


196  MINISTRY  IN  GROTON.  June  13,  1814. 

of  Common  Pleas,  in  each  of  the  counties  aforesaid,  at 
tlie  times  appointed  by  this  act.  And  the  said  Circuit 
Court  of  Common  Pleas  shall  grant  execution,  to  carry 
into  effect  any  judgment  heretofore  rendered  in  either  of 
the  Courts  of  Common  Pleas,  within  and  for  the  counties 
of  Nantucket  and  Dukes'  couuty  aforesaid,  in  the  same 
manner  as  the  said  (courts  of  Common  Pleas  might  and 
ought  to  have  done,  if  this  act  had  not  been  passed  ;  and 

Power  of  thv  one  Justice  of  sa,id  Circuit  Court  of  Common  Pleas  shall 
^  ^^'  have  all  the  power  and  authority  for  transacting  the  bu- 

siness of  said  ourt,  in  the  counties  of  Nantucket  and 
Dukes'  eouniy,  as  a  majority  of  said  Court  have  and  ex- 
ercise in  eitJier  of  the  counties  of  the  Southern  Circuit. 
Sec.  %.  Be  it  further  enacted,  Tliat  the  several  Sher- 
iffs of  the  counties  aforesaid,  or  their  Deputies,  or  either 

Jr"  ff  °^  ^^^  ^^  *'^^  Clerks  of  said  Courts,  in  the  counties  aforesaid, 
in  the  absence  of  the  Sheriffs  aforesaid,  shall  respective- 
ly have  power,  by  proclamation,  to  adjourn  either  of  the 
Courts  aforesaid  from  day  to  day,  provided  a  Justice  of 
said  Court  shall  not  arrive  in  season  for  holding  the 
same  ;  and  immediately  on  adjourning  either  of  said 
Courts,  by  proclamation  aforesaid,  it  shall  be  the  duty 
of  the  Sheriffs  or  tlieir  Deputies,  or  the  C'lerks  of  said 
counties,  to  post  up  notifications  of  such  adjournments,  in 
two  of  the  most  public  places  in  the  towns  of  Nantucket 
and  Edgarton,  in  the  counties  aforesaid. 

Sec.  3.  Be  it  further  enacted,  That  all    acts   and 
,  .  parts   of  acts,   establishins;  Courts   of  Common  Pleas 
'within  and  for  the  counties    of  Nantucket  and  Dukes' 
county,  be,  and  the  same  are  hereby  repealed. 

[Approved  by  the  Governor,  June  13,  1814.] 

CHAP.  XXI. 

An  Act  in  addition  to  an  act,  entitled  an  act  to  establish 
a  fund  for  the  support  of  the  Gospel  Ministry  in  the 
first  Parish  of  the  town  of  Groton,  in  the  county  of 
Middlesex,  and  to  appoint  Trustees  for  the  man<ige- 
ment  thereof. 


Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  inhabitants  of  the  town 


MINISTRY  IN  GROTON.  June  13, 1814.  497 

of  Groton  be,  and  tliey  are  hereby  autliorised  and  em- 
powered to  sell,  and  execute  a  deed  or  deeds  (by  Luther  [."ttmHotdi 
Lawrence,  Joseph  Moors,  and  James  Lewis,  all  of  said""''  execute  a 
Groton,  or  any  two  of  them,  a  committee  for  that  purpose) 
to  convey  the  whole  of  the  real  estate  devised  to  said 
town  in  and  by  the  last  will  and  testament  of  Josiah  Saw- 
tell,  Esq.  late  of  said  Groton,  deceased,  for  the  support 
of  a  woman's  school  in  said  town,  as  expressed  in  said 
will  ;  and  such  deed  or  deeds,  executed  in  due  form  of 
law,  shall  be  valid  and  eflectual  to  convey  such  real  es- 
tate  ;  and  the  proceeds  of  such  sale,  deducting  therefrom 
the  expences  thereof,  shall  be  paid  by  said  committee  to 
the  trustees  of  Groton  ministerial  fund  ;  and  the  same 
shall  be  denominated  the  ^^  Saw^tell  School  Fund." 

Sec.  S.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  said  trustees  to  receive  the  proceeds  of  said  saleiees!^ " 
from  said  committee  ;  and  the  said  trustees  shall  loan, 
secure  and  preserve  the  same,  in  the  same  way  and  man- 
ner as  is  provided  in  an  act,  entitled  an  act  to  establish 
a  fund  for  the  support  of  the  Gospel  Ministry  in  the  first 
Parish  in  the  town  of  Groton,  in  the  county  of  Middlesex, 
and  to  appoint  trustees  for  the  management  thereof,  to 
loan,  secure  and  preserve  the  Groton  ministerial  fund. 

Sec.  3.  Be  it  further  enacted,  That  the  said  trustees 
shall  annually,  forever  hereafter,  appropriate  the  income  \pp,oMiiation 
of  the  Sawtell  school  fund  for  the  support  of  a  av Oman's  "^  income  for 
school  in  the  district  in  which  said  real  estate  is  situated,  1  sd^oir'"^  °^ 
according  to  the  intention  of  the  donor,  as  expressed  in 
said  will. 

Sec.  4.  Beit  farther  enacted.  That  the  said  trustees  ^ 
shall  cause  to  be  recorded  in  a  book  to  be  kept  for  that  the  ruml"'  ^' 
purpose  by  their  clerk,  a  statement  of  the  Sawtell  school 
fund,  and  the  said  trustees  shall  make  a  report  in  writ- 
ing, of  such  statement,  to  said  inhabitants  at  their  meet- 
ing in  the  month  of  March  or  April  annually. 

Sec.  5.  Be  it  further  enacted,  That  the  said  trustees 
shall  be  liable  to  the  same  penalties  and  forfeitures  for  ne- ,. 

^1*  •  1       A  •     ii  XT  .,•        1  enalties  and 

giigence  or  misconduct  in  the  management  or  disposition  forfeitures. 
of  the  Sawtell  school  fund,  to  which  they  are  liable  for 
negligence  or  misconduct  in  the  management  or  dispo- 
sition of  the  Groton  ministerial  fnnfl,  by  virtue  of  the  act 
last  mentioned. 


4.98  DESTRUCTION  ALEWIVES.        June  13, 1814. 

Sec  6.  Be  itfurter  enacted.  That  the  inhabitants  of 
said  town  may  sue  for  and  recover,  in  an  action  of  debt 
pe'JiImer'and  ag^inst  thc  said  trustees,  the  penalties  and  forfeitures, 
loiieituies.  which  thc  said  trustees  may  incur  by  reason  of  tlieir  ne- 
gligence or  misconduct  in  the  management  or  disposition 
of  the  Sawtell  school  fund  ;  and  the  penalties  and  forfeit- 
ures, recovered  as  aforesaid,  shall  enure  to,  and  be 
for  the  benefit  of  the  Sawtell  school  fund. 

[Approved  by  the  Governor,  June  13,  1814j. 


CHAP.  XXII. 

An  Act  in  addition  to  an  act,  entitled  an  act  to  prevent 
the  destruction  of  Alewives  and  other  fish  in  Ips- 
wich river,  and  to  encourage  the  increase  of  the  same, 
passed  the  twenty  eiglith  day  of  March,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  eighty 
eight. 

Sec.  I.  J^¥t  it  enacted  by  the  Senate  and  House  of 
Mejjresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  from  and  after  the  passing  of 
Taking  of  Ale- this  act,  it  shall  not  be  lawful  for  any  person  to  take 
vives  unlawful.  ,^jjy  of  the  fish  Called  Shad  or  Alewives,  within  four 
rods  next  below  the  foot  of  a  sluiceway,  nor  within  two 
rods  of  the  side  of  a  sluiceway  of  any  mill  dam  or  dams, 
now  erected,  or  hereafter  to  be  erected,  on  that  part  of 
said  Ipswich  river,  which  lies  below  Flint's  or  Merri- 
am's  mills,  (except  Burnham's  mills,  so  called)  or  any 
stream  or  streams  running  from  any  natural  pond  into 
said  river,  (except  Mile's  river,  so  called)  ;  and  any  and 
feUure."*'  ^°'"  ^vcry  pcrsott  so  offending,  shall  forfeit  and  pay  a  fine  of 
five  dollars. 

Sec.  2.  Be  it  further  enacted,    That  each  and  every 

person  who,  after  the  passing  of  this  act,  shall  make  any 

Shall  not  place  Wear,  or  place  any  other  obstruction  in  said  river,  or  in 

ihj ri"en"*  '"  the  flooms  of  any  mills,  for  the  purpose  of  hindering  or 


PAWTUCKET  BANK.  June  13,  1814.  199 

retarding  the  passage  of  said  fish,  shall  forfeit  and  pay 
for  each  and  every  such  offence,  a  fine  not  exceeding 
twenty  dollars,  nor  less  than  ten  dollars. 

Sec.  3.  Beit  further  enacted,  That  no  person  shall 
be  allowed  to  use  any  machinery  for  taking  said  fish, 
other  than  dip  or  drag  nets  and  seines  (nor  in  any  place  pbce  and  time 
in  the  aforesaid  river  and  streams,  excepting  such  pla-^^f*^!-",'''5|s'},_  ''"'^ 
ces  as  are  appointed  and  allowed  by  the  fish  committee  of 
the  respective  towns  bordering  upon  said  river)  nor  shall 
any  person  take  any  of  said  fish  with  seines  or  dragnets 
in  said  river  and  streams,  between  eight  of  the  clock  in 
the  evening  and  sun  rising  ;  and  every  person  who  shall 
offend,  in  either  of  the  above  particulars  shall,  for  each 
and  every  such  offence,  forfeit  and  pay  a  sum  not  ex- 
ceeding twenty  dollars,  nor  less  than  ten  dollars. 

Sec.  4.  Be  it  further  enacted,  That  all  fines  and  for- 
feitures, which  may  ])c  incurred  by  any  breach  of  this  M«nn*^r  ff  "-p- 
act,  shall  be  recovered  and  disposed  of,  in  the  sametoircitures. 
manner  as  is  provided  in  the  act,  to  which  this  is  in  an 
addition,  and  that  it  shall  be  the  duty  of  the  fish  com- 
mittees in  the  several  towns  bordering  upon  Ipswich  riv- 
er, j  ointly  or  severally,  to  cause  this  act  to  be  duly  ob- 
served, and  to  inform  against  any  person  or  persons, 
who  may  offend  against  the  said  act. 

[Approved  by  the  Governor,  June  13, 1814.] 


CHAP.  XXIII. 

An  Act  to  incorporate  the   President,    Directors   and 
Company  of  the  Pawtucket  Bank. 

Sec.  1.  J3E  it  enacted  by  the  Senate  and  House  of 
Kepresentatices  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  Oliver  Starkweather,  Ben-  Persoas  k 
jamin  S.  Wolcot,  James  Ellis,  Eliphalet  Slack,  Lemuel  p°'"*''^- 
Bishop,  Remember  Kent,  Elijah  Ingraham,  David 
Bucklin,  Abiathar  Richardson,  jun.  Jubel  Ingraham 
and  Jesse  May,  their  associates,  successors  and  assigns, 
shall  be,  and  hereby  are  created  a  Corporation,  by  the 
name  of  the  President,  Directors  and  Company  of  the 


500  PAWTUCKET  BANIt.  June  13,  1811. 

Pawtuckct  Bank,  and  shall  so  continue  until  the  first 
(lay  cf  October,  which  will  be  in  the  year  of  our  Lord 

at|.'^^,o"!'"'^''°''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 
Avhatever,  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  shall 
appear  necessary  and  convenient  for  the  government  of 
the   said  Corporation,  and  the  prudent  management   of 

f'roviso.  their  affairs  :  Frovided,  Sucli  byt-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  ])e  always  subject  to  the  rules,  restrictions, 
limitations  and  provisions  herein  prescribed. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  stock 

Amount 0!  cap- of  Said  Corporatiou  shall  consist  of  the  sum  of  one  hun- 

orLchthure"'  (^^^^^  thousand  dollars,  in  gold  and  silver,  divided  into 
shares  of  one  hundred  dollars  each,  wliich  shall  be  paid 
in  four  equal  instalments  ;  the  first  on  the  first  day  of 
November  next  ;  the  second  on  tlie  first  day  of  June 
next  after ;  the  third  on  the  first  day  of  December  next 
after,  and  the  fourth  on  the  first  day  of  June  next  after  ; 
and  the  Stockholders,  at  their  first  meeting,  shall,  by  a 
majority  of  votes,  determine  the  mode  of  transferring 
and  disposing  of  said  stock  and  the  profits  thereof,  which 
being  entered  on  the  books  of  said  Corporation,  shall  be 
/  binding  on  the  Stockholders,  their  successors   and  as- 

signs :  And  the  said  Corporation  are  herd)y  made  capa* 
ble  in  law,  to  have,  hold,  purchase,  receive,  possess,  en- 
joy 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  dis- 
counting, on  banking  principles,  on  such  securHy  as  they 

PioTiso.         shall  think  proper  :    Provided  however,   That  nothing 
^  lierein  contained,  shall  restrain  or  prevent  the  said  Cor- 

poration from  taking  and  holding  real  estate,  in  mort- 
gage or  on  execution,  to  any  amount,  as  security  for,  or 
in  payment  for  any  debt  due  to  the  said  Corporation  ; 


i»AWTUCKET  BANK.  June  13,  1814/.  501 

and  provided  further,  that  no  money  shall  be  loaned  or 
discounts  made,  nor  shall  any  bills  or  promissory  uotesj, 
be  issued  from  said  Bank,  until  the  capital  subscribed 
and  actually  paid  in,  and  existing  in  gold  and  silver,  in 
their  vaults,  shall  amount  to  twenty-five  thousand  dol- 
lars. 

Sec.  S.  Be  it  further  enacted,  That  the  rules,  lirai- 
tations  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  tlie  Bank  hereby  established  ; 
Provided,  Tliat  the  bond  required  to  be  given  by  the  Proviso, 
Cashier,  shall  be  given  in  the  penalty  of  twenty  thousand 
dollars,  and  the  numlier  of  Directors    to    be    annually 
chosen  shall  be  nine,  five  of  whom  at  least  shall  be  in- 
habitants of  and  residents  in  this  Commonwealth,  and  ac- 
countable for  the  doings  of  the  whole  board,  and  five  al- 
so may  constitute  a  quorum  for  the  transacting  of  busi-  j^gi,^^^^^^^^^ 
ness  ;  and  provided  also,  That  the  amount  of  debts  atceeddrlubiethe 
any  time  due  from  said  Bank,  shall  not   exceed  double iaTstock?''^^^' 
the  amount  of  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  Seekonk. 
Sec.  5.  Be  it  further  enacted.  That  whenever  the 
Commonwealth  may  require   it,  the  said  Corporation 
shall   loan   to    the  Commonwealth  any  sum  of  money     ,, 
which  may  be  required,  not  exceeding  twenty  thousand  the  Comraon- 
dollars  at  any  one  time,  reimbursable  by  five  annual  in-  '*^^'^'»' 
stalments,  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  proviso. 
however.  That  the  Commonwealth  shall  never,  at  any 
one  time,  stand  indebted  to  the  said  Corporation,  with- 
out their  consent,  for  a  larger  sum  than  thirty  thousand 
dollars. 

Sec.  6.  Be  it  further  enacted.    That  any  committee 
specially  appointed  by  the  Legislature  for  that  purpose, ,    . ,  . 
shall  have  a  right  to  examine  into  the  doings   of  said  coTmUtee  mw 
Corporation,  and  shall   have   free  access  to   all  their ^"^f"''"^  ^°"''"'' 
books  and  vaults  ;  and  if  upon  such  examination  it  shall 
be  found,  and  after  a  full  hearing  of  said   Corporation 
thereon,  be  determined  ]»v  the  Le2;islature,  that  said 
37 


S02  FAWTUCKET  BANK.  June  IS,  1811. 

Corporation  have  exceeded  the  powers  herein  granted 
them,  or  failed  to  comply  with  any  of  the  rules,  restric- 
tions or  conditions  in  this  act  provided,  the  Incorpora- 
tion shall  thereupon  be  declared  forfeited  and  void. 
Sec.  7.  -^<2  it  further  enacted.  That  the  persons  here- 

May  Mil  a  jjj  before  named,  or  a  majority  of  them,  are  authorised 
'''  to  call  a  meeting  of  the  Members  and  Stockholders  of 
said  Corporation,  as  soon  as  may  be,  at  such  time  and 
place  as  they  may  see  fit,  by  advertising  the  same  three 
weeks  successively  in  the  NcAv-Bedford  Mercury,  print- 
ed in  New-Bedford,  and  by  posting  notifications  in  one 
or  more  public  places  in  the  town  of  Seekonk,  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  Stockhold- 
ers shall  deem  necessary,  and  for  the  choice  of  the  first 
Board  of  Directors  and  such  other  officers  as  they  shall 
see  fit  to  choose. 

Sec.  8.  Se  it  further  enacted,  That  it  shall  be  the 
duty  of  the  Directors  of  said  Bank,  to  transmit  to  the 

c,  „  ,        ..  Governor  and  Council  of  this  Commonwealth,  for  the 

shall   transmit    ,  .  .         .  ,  ,  i  i        i» 

smtenientof  timc  bciug,  oncc  lu  SIX  montlis  at  least,  and  as  much  of- 
accouDis.  tener  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,  and  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- 
CijmmonwefliihW^ealth  shall  have  a  right,  whenever  the  Legislature 
may  subscribe,  gb^ll  make  provision  by  law,  to  subscribe  on  account  of 
the  Commonwealth,  a  sum  not  exceeding  fifty  thousand 
dollars,  to  be  added  to  the  capital  stock  of  said  Compa- 
ny, subject  to  such  rules,  regulations  aud  provisions  as 
shall  be  by  the  Legislature  made  and  established  as  to 
the  management  thereof. 

Sec.  10.  Be  it  further  enacted,  That  the  said  Cor- 
Shaii  pay  cDui).  poration  shall  be  liable  to  pay  to  any  bona-fide  holder, 
tcifeii  uoics.    iijg  original  amount  on  any  note   of  said  Bank,   altered 


TOLLAND  TURN.  COR.  June  13,  1814.  003 

ill  the  course  of  its  cireiilatioii  to  a  larger  amount,  not- 
withstanding such  alteration. 

Sec.  11.  Be  it  farther  enacted,  That  the  said  Cor- 
poration, from  and  after  the  first  day  of  April  next,  shall 
pay,  by  way  of  tax,  to  the  Treasurer  of  this  Common- 
wealth, for  the  use  of  the  same,  within  ten  days  after 
the  first  Mondays  of  April  and  October  annually,  the 
half  of  one  per  cent  on  the  amount  of  the  original  stock 
which  shall  have  actually  been  paid  in  :  Provided  how-  Proviso. 
ever,  That  the  same  tax,  payable  in  manner  aforesaid, 
shall  be  required  by  the  Legislature  of  all  Banks  hereaf- 
ter incorporated  within  this  Commonwealth  ;  and  pro- 
vided  further,  That  nothing  herein  contained  shall  be 
construed  to  impair  the  rights  of  the  Legislature,  to  lay 
a  tax  or  exrcise  upon  any  Bank  already  incorporated 
under  the  authority  of  this  Commonwealth,  whenever 
they  may  think  proper  so  to  do. 

Sec.  12.  Be  it  farther  enacted,    That  one  tenth  partAmomf  to  he 
of  the  whole  fund  of  said  Bank  shall  always  be  appro- ^PgiJ^*"^"'"'*"^*^'" 
priated  to  loans,  to  be  made  to  the  citizens  of  this  Com- 
monwealth, 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  mortgage  of  real  estate,  to  Security. 
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  for- 
feitures and  right  of  redemption  as  is  by  law  provided 
in  other  cases. 

[Approved  by  the  Governor,  June  13,  1814.] 

CHAP.  XXIY. 

An  Act  to  establish  a  Corporation  by  the  name  of  the 
Granville  and  Tolland  Turnpike  Corporation. 

Sec.  1.  JLJE  it  enacted  hij  the  Senate  and  Hoaseof 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Gad  Hamilton,  Allen  Bid- 


504  SANGERVILLE.  June  13, 1814. 

Persona  incor- v^^ell,  Jonathan  Hamilton  and  Pervy  Babcock,  together 
Avith  such  other  persons  as  shall  associate  with  them, 
their  successors  and  assigns,  be,  and    they  hereby  are 
made  a  Corporation  and  body  politic,  by  the  name  of 
the  Granville  and  Tolland  Turnpike  Corporation,  for 
the  purpose  of  making  a  turnpike  road  on  the  route,  which 
the  sixteenth  Massachusetts  Turnpike  Corporation  con- 
templated from  the  west   line    of  West  Springfield  to 
Southwiek  Meeting- House ;  thence  westward  to  Tol- 
land by  the  east  and  west  Meeting- Houses  in  Granville  ; 
thence  by  Tolland  Meeting-House  to  the  turnpike  road 
in  Sandersfield,  leading  from  Hartford  to  Albany,  with 
such  alterations  from  the  former  laying  of  said  road  as 
the  Corporation  may  agree  to,  and  for  keeping  the  same 
in  repair  ;  and  for  this  purpose,  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties,  require- 
ments and  penalties  contained  in  an  act,  entitled  "  An 
act  defining  the  general  powers  and  duties  of  Turnpike 
Corporations,'-' made  and  passed  on  the  sixteenth  day  o£ 
March,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred  and  five,  and  any  acts  which  have  been  made   in 

PioTiso.  addition  thereto  :  Provided^  That  the  said  Corporation 
may,  and  they  hereby  are  authorised  to  make  the  tra- 
velled part  of  said  road  only  eighteen  feet  in  width,  any 
thing  in  the  said  general  Turnpike  Act  to  the  contrary 
notwithstanding. 

[Approved  by  the  Governor,  June  13, 1814.] 


CHAP.  XXV. 

An  Act  to  establish  the  town  of  Sangerville  in  the  coun- 
ty of  Hancock. 


Sec.  1.  JljE  it  enacted  hy  the  Senate  and  Hoiisa  of 
Hepresentatives  in  General  Court  assemhled,  and  hy  the 
authority  of  the  same,  That  the  township  numbered 
four,  in  thb  sixth  range  of  townships  north  of  the  Waldo 
Patent,  in  the  county  of  Hancock,  as  contained  withi  n 
the  following  described  boundaries,  be,  and  hereby  is 
Nameof  town.established  as  a  town,  by  the  name  of  Sangerville,  viz.  : 


BANGOR  ATHEN^UM.  June  13,  I8l4.  505 

north  by  a  line  drawn  on  the  middle  of  the  river  Piscata-  . 

quis  ;  east  by  the  township  numbered  three,  in  the  sixth  scrfb"  i»?'^^  "' 
range  ;  south  by  the  township  numbered  four,  in  the  fifth 
range  ;  and  west  by  the  township  numbered  five,  in  the 
sixth  range  of  townships  :  And  the  inhabitants  of  the  said 
town  of  Sangerville  are  hereby  vested  with  all  the  cor- 
porate powers  and  privileges,  and  shall  also  be  subject 
to  the  same  duties  and  requisitions  as  other  corporate 
towns,  according  to  the  constitution  and  laws  of  this 
C  ommonwealth. 

Sec.  2.  Be  it  further  enacted.  That  any  Justice  of  the 
Peace  for  the  county  of  Hancock,  is  hereby  empower- 
ed, upon  application  therefor,  to  issue  a  warrant  direct- ^J^^'^*^^^^^*"^'"*' 
ed  to  a  freehold  inhabitant  of  the  said  town  of  Sauger- 
ville,  requiring  him  to  notify  and  warn  the  inhabitants 
thereof,  to  meet  at  such  convenient  time  and  place  as 
shall  be  appointed  in  the  said  w^arrant,  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,  June  13,  1814.] 


CHAP.  XXVI. 

An  Act  to  incorporate  the  Proprietors  of  the  Bangor 
Athenseum. 


W 


HEREAS  the  persons  herein  after  na- 
med, have  associated  for  the  purpose  of  collecting  a  Li-  Preamble. 
brary  of  rare  and  valuable  books  ;  of  establishing  a 
Reading-room  in  the  town  of  Bangor,  for  the  deposit  of 
tlie  principal  newspapers,  periodical  works,  charts  and 
maps,  published  in  this  and  other  countries  ;  and  where- 
as it  is  the  further  design  of  said  associates,  as  far  as 
their  funds  from  time  to  time  shall  admit,  to  form  a  col- 
lection of  all  the  various  fossils,  plants  and  other  natu- 
ral and  artificial  curiosities  and  productions  which  are 
to  be  found  in  that  part  of  the  country  :  Therefore, 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assernhledj  and  by  the 
authority  of  the  isame,  That  Joseph  Whipple,  Samuel  K. 


^06  BANGOR  ATHENjEUM.  JuneiS,  1814. 

Persons  incoi-'^^'"ti»S?   Jaincs   B.  Flske.  William  D.  Williamson, 
poiaicd.         Samuel  E.  Button,    Amos    Patten,    Thomas   A.  Hill, 
Charles  Hammond,  John  Emerson  and  William  Emer- 
son, together  with  such  otlier  person  or  persons  as  shall 
from  time  to  time  he  admitted  members  of  the  said  As- 
sociation, according  to  the  rules,  orders  and  conditions 
which  shall  or  may  from  time  to  time  be  established  by 
the  bye-laws   or  regulations  of  the  Corporation  herein 
created,  shall  forever  hereafter  be,  and  they  hereby  arc 
created  a  body  politic   and  corporate,  by  the  name   of 
the  Proprietors  of  the  Bangor  Athenseum  ;  and  by  the 
said  name  shall  and  may  sue  and  he  sued,  plead  and  be 
impleaded,  defend  and  be  defended  in  all  and  any  Court 
or  Courts  of  law  or  elsewhere,  in  all  manner  ©factions, 
suits,  pleas  or  controversies  whatsoever,  and  in  their  said 
corporate  capacity  and  by  their  said   name,  they  and 
isi^y  i.oM  pro-  their  successors  shall  be  capable  in  law  to  purchase,  re- 
luouuu"^ "     ceive,  have,  hold,  take,  possess  and  enjoy  in  fee  simple 
or  otherwise,  lands,  tenements,  rents  and  hereditaments, 
not  exceedins;  in  the  whole  the  vearly   value    of  one 
thousand  dollars,  exclusive  of  the  building  or  buildings 
which  may  be  actually  occupied  or  used  for  the  literary 
purposes  aforesaid  ;  and  the  said  Corporation   shall  be 
capable  of  taking,  receiving  and  holding  by  donation, 
JonItion'.*l;owisSuhscription,  bequest  or  otherwise,  money,  goods,  chat- 
aud  effects,      tels,  effccts  and  credits,  to  an  amount,  the  yearly  value 
of  which  shall  not  exceed  two  thousand   dollars,   so  as 
that  the  estate  aforesaid  be  appropriated  for  the  purpo- 
ses aforesaid,  and  for  the  promotion  of  literature,  of  the 
arts  and  sciences,  and  not  otherwise  :  and  moreover,  the 
said  Corporation  shall  have  power  to  give,  grant,   sell, 
Mavsciiesiatc^^^^"'  couvcy,  cxchangc  or  lease  all  or  any  part  of  their 
and'  oiker  ef-  lauds,  tencmeuts  and  other  property  whatsoever,  for  the 
^^''^^'  benefit  and  advantage  of  said  Corporation. 

Sec.  2.  Be  it  further  enacted  j  That  it  shall  and  may 

be  lawful  for  the  said  Corporation  to  have  a  common 

Powers.         seal  for  their  vise  and  benefit,  with  full  power  to  alter, 

change  and  renew  it,  whenever  they  shall  think  the  same 

expedient. 

Sec.  3.  Be  it  further  enacted.  That  the  said  Cor- 
poration shall  have  full  power  and  authority  to  deter- 
mine at  what  times  and  places  their    meetings  shall  be 


BANGOR  ATHEN^UM.  June  13, 1814.  507 

boUlen,  and  on  the  manner  of  notifying  the  associates 
or  proprietors  to  convene  at  such  meetings  ;  and  they 
shall  have  power  to  elect  once  in  every  year  or  oftener, 
from  amongst  the  said  proprietors,  such  officers,  with  such 
powers,  as  they  shall  judge  expedient ;  and  also  further 
to  ordain  and  enact  any  bye-laws  for  the  due  govern- Bye-Uws. 
ment  of  the  said  Corporation,  and  for  the  due  and  or- 
derly conducting  of  the  affairs  thereof ;  and  for  and 
concerning  all  matters  and  things  relating  to  said  Cor- 
poration, and  the  same  at  pleasure  to  alter,  amend,  or 
repeal:  Provided  hoicever,  That  the  powers  vested  in  Proviso. 
their  said  officers  and  tlie  said  bye-laws  shall  not  be  re- 
pugnant to  the  constitution  and  laws  of  this  Common- 
wealth. 

Sec.  4.  Be  it  further  enacted,  That  for  the  giving 
the  more  effectual  sanction  to  the  said  bye-laws,  tlie  said 
proprietors  shall  have  power  to  impose  suitable  fines,  Fines. 
not  exceeding  five  dollars  for  any  one  offence,  for  the 
non-fulfilment,  or  breach  of  the  same  ;  and  that  for  the  re- 
covery thereof  the  said  Corporation  shall  have  a  suitable 
remedy  by  action  at  law,  in  any  court  of  law  within 
this  Commonwealth  proper  to  try  the  same. 

Sec.  d.  Be  it  further  enacted,  That  whenever  any 
proprietor  shall  neglect  or  refuse  to  pay  any  assessment 
duly  i^nposed  upon  his  share  or  shares,  in  said  Corpora- 
tion, for  the  space  of  sixty  days  after  the  time  set  for 
the  payment  thereof,  the  Treasurer  of  the  said  Corpora-  t-  eafsurcr  em- 
tion  is  hereby  authorised  to  sell,  at  public  vendue,  thei"j«<^'^<^iioseii 
share  or  shares  of  such  delinquent  proprietor,  after  duly^''^^''* 
notifying,  in  two  or  more  public  places  in  the  said  town 
of  Bangor,  or  in  any  newspaper  which  may  be  printed 
in  said  town  of  Bangor,  tlie  sum  due  on  such  share  or 
shares,  and  the  time  and  place  of  sale,  at  least  fourteen 
days  before  the  time  of  sale  ;  and  such  sale  shall  be  a 
sufficient  transfer  of  the  share  or  shares  so  sold,  to  the 
person  purchasing,  and  upon  producing  a  certificate  of 
such  sale,  from  such  Treasurer,  such  purchaser  shall  be 
entitled  to  a  transfer  of  the  share  or  shares  so  sold,  on 
the  book  of  the  Corporation,  and  shall  be  considered 
to  all  intents  and  purposes  the  proprietor  thereof  ;  and 
the  overplus  of  such  sale,  if  any  there  be  after  payment 
of  such   assessment  and   incidental    charsres.  shall  be 


008  UNION  RELIGIOUS  SOCIETY.    June  13,  1814. 

paid  on  demand,  by  such  Treasurer,  to  the  person  Avhose 
share  or  shares  were  so  sold  as  is  before  provided. 

Sec.  6.  Be  it  further  enacted,  That  the  said  trus- 
tees before  named,  or  any  three  of  them,  shall  have  pow- 
er to  call  the  first  meetins;  of  the  said  proprietors,  byad- 
.^  a>  ea  ™"^"  Yei-tigjng  the  same  seven  days  before  the  time  of  such 
meeting,  in  two  or  more  public  places  in  said  town  of 
Bangor  ;  and  that  at  the  said  meeting,  the  said  proprie- 
tors may  proceed  to  execute  any  or  all  the  powers  vest- 
ed in  them  by  this  act. 

[Approved  by  the  Governor,  June  13,  1814.] 


CHAP.  XXVII. 

All  Act  to  incorporate  the  Union  Religious   Society  in 
Halloweil  and  Augusta. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Itepreaentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  John  Davis,  Joseph  Chan- 
dler, JoelK.  Ellis,  Samuel  Titcomb,  John  S.Kimball, 
Pe.sflins  incor- Benjamin  Ross,  Robert   C.  Vose,  Phillip  W.   Peck, 
pwated.         Alexander  Orrok,  Jesse  Robinson,  Joshua  Gage,  James 
Burton,  John  Means,  Shubael  Pitts,  Jonathan  Prescott, 
Chase  Avery,  George  Haslet,  Ebenezer  Tucker  War- 
ren, Gideon  Farrell,  Ariel  Mann,  William  Clark,  Icha- 
bod  Nutter,  William  A.  Wingate,  Benjamin  Daven- 
port, Moses  H.   Rollins,  Joshua  Carr,  William  Morse, 
Ebenezer  White,  Benjamin  Darbon,  William   West, 
Lewis  Sargent,  Joshua  Wingate,  Benjamin  Plummer, 
Arthur  Lithgow,  Cyrus  Guild,  Samuel  Livermore,  Aa- 
ron Healy,  Isaac  Garter,  Nathaniel  Cheever,  Thomas  B. 
Coolidge,  EphraimMayo,  Simeon Norris,  Samuel  Carr, 
.John  Dunn,  Thomas  Metcalf,  James  Smiley,  Stephen 
Tuckerman,  Francis  Norris,  James  Burton,  jr.  Thomas 
Fillebrown,  jr.  Benjamin  Haslet,  and  Peletiah  Morrill, 
together  with  such  others  as  have,  or  may  hereafter  Join 
said   society,   and  tlieir  successors,  together  with  their 
polls  and  estates,  be  and  they  hereby  arc  incorporated 
into  a  Society  or  body  politic,  by  the  name  of  the  Union 


UNION  RELIGIOUS  SOCIETY.      June  %  1814»  509 

Religious  Society  in  Hallowell  and  Augusta  ;  and  the 
said  Society  are  hereby  invested  with  full  power  and 
authority  to  assess,  and  collect  of  the  members  belong- 
ing to  said  Parish,  for  the  purpose  of  maintaining  the 
public  worship  of  God  therein,  and  for  maintaining  theii' 
instructor  of  piety,  religion  and  morality,  and  for  erect- 
ing a  house  of  public  worship,  and  repairing  the  same 
from  time  to  time,  such  monies  as  are  or  may  be  neces- 
sary 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.  S.  Be  it  further  enacted,  That  if  any  other  per- 
sons may  hereafter  incline  to  join  said  Union  Religious 
Society,  in  either  of  the  towns  of  Hallowell  or  Augusta 
aforesaid,  and  shall  leave  a  certificate  of  the  same,  s^igned  viaRner  of  be* 
by  the  Clerk  of  said  parish,  with  tlie  Clerk  of  the  town^^^;:;"'-*"^'^'^- 
to  which  he  or  they  may  respectively  belong,  he  or  they 
with  his  or  their  polls  and  estates,  shall  be  considered 
as  belonging  to  said  Union   Religious   Society,   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  Union  Religious  Society  shall   see 
cause  to  leave  the  same,  and  unite  with  any  other  reli- vjfg"^e  soS' 
gious  parish  or  society,  and  shall  leave  with   the  Clerkly- 
of  said  Union  Religous  Society  a  certificate  of  the  same, 
signed  by  the  Clerk  of  the  parish  or  other  religious  so- 
ciety with  which  he  or  they  may  have  united,  he  or  they^ 
with  his  or  their  polls  and  estates,  shall  be  discharged 
from  said  Union  Religious  Society,  and  annexed  to  the 
parish  or  society  to  which  he  or  they  may  have  joined 
themselves. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Union 
Religious  Society  be,  and  they  hereby  are  em  powered  power  to  estab-- 
to  raise  and  establish  a  fund,  in  such  way  and  manner '"'"*  !"'fV"'" 

■  ,  •'        ,  support  01  Alm- 

as they  may  see  fit,  the  annual  income  or  interest  of  i  tec. 

which  shall  not  exceed  the  sum  of  two  thousand  dollars  ; 
the  said  income  or  interest,  or  so  much  thereof  as  shall 
be  necessary,  to  be  appropriated  to  the  support  of  a  min- 
ister of  the  gospel. 

Sec.  4.  Be  it  further  enacted,  That  any  Justice  of  the  j.ntice  to  issire 
Peace  for  the  county  of  Kennebeck^  upon  application  ^'''"^=*"'^ 
38 


510  HALLOWELL.  June  13,  iSU, 

therefor,  may  issue  his  warrant,  directed  to  some  mem- 
ber of  said  Union  Religious  Society,  requiring  him  to 
notify  and  warn  the  members  of  said  Society  to  meet  at 
such  convenient  time  and  place  as  shall  be  appointed  in 
said  warrant,  to  choose  such  officers  as  parishes  are  by 
law  required  to  choose  at  their  annual  parish  meetings  ; 
and  all  acts  and  doings  of  all  such  officers  so  chosen, 
shall  be  legal  and  binding  until  others  are  chosen  in 
their  stead,  as  if  they  were  chosen  at  any  annual  meet- 
ing of  said  parish  or  religious  society,  any  law  to  the 
contrary  notwithstanding. 

[Approved  by  the  Governor,  June  13,  1814.] 


CHAP.  XXVIII. 

An  Act  to  annex  Joseph  Wingate,  jun.  with  his  family 
and  estate,  and  certain  land  of  Wingate  Carr,  to  the 
town  of  Hallowell. 

JlJE  it  enacted  hy  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Joseph  Wingate,  jun.  of 
Winthrop,  in  the  county  of  Kennebeek,  with  his  family, 

tv^m°"(\f  ^  ^^  ^^^  ^^^^  ^^^  ^^  ^^^^^  ^"  which  he  no\v  lives,  together  with 
wiliturop  the  land  of  Wingate  Carr,  of  Hallowell,  adjoining  the 
said  Joseph  Wingatc's  lot,  in  the  said  town  of  Win- 
throp, be,  and  the  same  are  hereby  set  oflF  from  the  town 
of  Winthrop,  and  annexed  to  the  town  of  Hallowell  in 
the  same  county,  and  shall  hereafter  be  considered  a 
part  of  the  same  ;  the  said  Joseph  AYingate,  jun.  there 
to  do  the  duties  and  enjoy  the  privileges  thereof,  as  the 
Pioviso.  other  inhabitants  of  the  said  town  of  Hallowell.  Pro- 
vided nevertheless,  Th?ii  the  said  Joseph  Wingate,  jun. 
and  Wingate  Carr,  shall  be  holden  to  pay  all  taxes 
which  have  been  legally  assessed  on  them  by  the  said 
town  of  Winthrop,  prior  to  the  passing  of  this  act,  in  the 
same  manner  as  if  it  had  not  been  made. 

[xVpproved  by  tlie  Governor,  June  13,  1814.] 


COURTS  SES.-«MT.  VERNON.    June  iSjiSi^.  ^n 


CHAP.  XXIX. 

An  Act  to  alter  the  times  of  holding  the  Circuit  Court  of 
Common  Pleas  and  Courts  of  Sessions  iu  the  county 
of  Washington. 

X5E  it  enacted  by  the  Senate  and  House  of 
llepresentatives  in  General  Court  assembled,  and  by  tlie 
authority  of  the  same,  That  the  Circuit  Court  of  Com- 
mon Pleas,  and  the  Court  of  Sessions,  to  be  respective- 
ly holden  within  and  for  the  county  of  Washington  in 
this  Commonwealth,  shall  each  be  holden  at  Machias,  j-^^^^  ^^^  p,j,. 
in  said  county,  from  and  after  the  time  of  passing  thisces  toriia;ditis 
act,  on  the  first  Tuesdays  of  September  and  March  an- 
nually, instead  of  the  times  heretofore  established  by 
law  ;  and  that  all  actions  and  matters  whatsoever  pend- 
ing at,  and  all  writs,  recognizances,  petitions,  warrants, 
reports,  appeals,  and  processes  whatever,  now  made, 
And  which  may  be  made  returnable  to  either  of  the 
Courts  aforesaid,  which  but  for  the  operation  of  this  act 
should  have  been  holden  at  any  other  times  than  those 
hereby  appointed  for  holding  such  Courts,  shall  be  re- 
returned  to,  be  entered  and  have  day  in,  be  proceeded 
upon  and  determiiied  by  said  Courts,  respectively,  ac- 
cording to  their  respective  jurisdictions,  and  agreeable 
to  the  true  intent  tliereof,  at  their  respective  sessions  to 
be  holden  according  to  the  provisions  of  this  act,  any 
law  to  the  contrary  notwithstanding. 

[Approved  by  the  Governor,  June  13,  1814.] 


CHAP.  XXX. 

An  Act  to  annex  David  McGaffey  and  others,  with  their 
estates,  to  the  town  of  Mount  Vernon. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  Th^wt  David  McGaffey,   James 


513  COUNTY  TAXES.  June  14, 181 4. 

To  annex  per-  McGaffey,  Moses  Robiusoii  aud  James  Robinson^  with 
sons  to  the      tlieiu  families  and  estates,  beins;  on  the  lots  numbered 

town  of  Mount      .  '  -       ,-,        ,  n-i-i 

Veinon.  nineteen,  twenty  and  twenty-one,  m  the  town  of  Rome, 
and  bounded  on  the  north  line  of  the  town  of  Mount 
Vernon,  be,  and  they  are  hereby  annexed  to  the  said 
town  of  IMount  Vernon  ;  and  the  persons  before  n3,med, 
shall  there  have  right  to  exercise  and  enjoy  all  the  rights 
and  privileges,  and  shall  also  be  subject  to  all  the  du- 
ties and  requisitions,  as  the  other  inhabitants  of  the  said 

ptfovasc:  town  of  Mount  Vernon  :  Provided  howevev,  That  the 
said  David  McGaffey,  James  McGaifey,  Moses  Robin- 
son and  James  Robinson,  shall  be  holdento  pay  all  tax- 
es which  have  been  or  may  be  legally  assessed  upon 
them  the  present  year. 

[^Approved  by  the  Grovernor,  June  14,  1814.] 


CHAP.  XXXI. 

An  Act  making  further  provision  for  apportioning  coun- 
ty Taxes,  which  have  been  granted  for  the  year  eigh- 
teen hundred  and  fourteeUo 


>E  it  enacted  by  the  Senate  and  House  of 
Mejiresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  the  several  Clerks  of  the 
portion  andX  Judicial  Courts  resident  in  each  county  in  the  Common- 
sess  taxes.  ^ycalth,  are  hereby  authorised,  at  any  time  in  the  month 
of  June  or  July,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fourteen,  to  apportion  and  assess 
the  county  taxes  that  have  been  granted  for  the  year  a- 
foresaid  for  their  respective  counties,  according  to  the 
apportionment  for  the  last  year,  and  they  are  hereby  se- 
verally authorised  to  issue  their  warrants  therefor  ac- 
cordingly, returnable  in  ninety  days  from  the  time  of 
such  apportionment. 

[Approved  by  the  Grovernor,  June  14, 1814.] 


SCHOOL  LANDS.  Jitwe  14,  1814.  513 


CHAP,  xxxir. 

An  Act  authorising  the  sale  of  the  School  lands!,  in  the 
i_      town  of  Raymond. 

Sec.  1.  xSE  it  enacted  by  the  Senate  and  House  of 
Itepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Stephen  Swett,  Esq.  Sam-  Trastces  np- 
uel  Leach,  Daniel  Small,  Joseph  Wight,  and  William po'"t«='' 
Dingley  be,  and  they  are  hereby  appointed  Trustees  to 
sell  the  School  lands  in  the  town  of  Raymond,  and  to 
put  Qut  at  interest  the  monies  arising  from  such  sale,  in 
manner  hereinafter  mentioned  ;  and  for  that  purpose. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Trus- 
tees be,  and  they  are  hereby  incorporated  into  a  body  Trustees  incor- 
politic,  by  the  name  of  The  Trustees  of  the  School  Fund  p°''"'^'1- 
in  the  town  of  Raymond,  in  the  county  of  Cumberland, 
and  they  and  tlieir  successors  shall  be  and  continue  a 
body  politic  and  corporate  by  that  name  forever,  and 
they  may  sue  and  be  sued,  in  all  actions,  real,  personal 
and  mixed,  and  prosecute  and  defend  the  same  to  final 
judgment  and  execution,  by  the  name  aforesaid. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Trus- Empo»'ered  to 
tees  and  their  successors  shall  and  may  annually  elect  a^'^*^'°'^'=^"- 
President,  and  Clerk  to  record  the  doings  and  transac- 
tions of  the  Trustees  at  their  meetings,  and  a  Treasurer  to 
receive  and  apply  the  monies  herein  after  mentioned,  as 
herein  after  directed. 

Sec.  4.  Be  it  further  enacted,  That  the  number  of 
Trustees  shall  not  at  any  one  time  be  more  than  five  nor  xumher  of 
less  than  three,  any  three  of  their  number  to  constitute  ^''"^^^*^'* 
a  quorum  for  transacting  business  ;  and  they  shall  and 
may,  from  time  to  time,  fill  up  vacancies  in  their  num- 
ber, which  may  happen  by  death,  resignation  or  other- 
Avise,  from  the  inhabitants  of  said  town  ;  and  shall  also 
Jiave  power  to  remove  any  of  their  number,  who  may 
become  unfit  and  incapable,  from  age,  infirmity,  miscon- 
duct or  any  other  cause,  of  discharging  their  duty,  and 
to  supply  a  vacancy  so  made  by  a  new  choice  from  the 
town  aforesaid  :  and  the  said  Trustees  shall  annually 


514 


SCHOOL  LANDS. 


June  14,  1814. 


ing 


Authorised  to 
sell  lands, 


Duty  of  Tins 
Ices. 


Anmia!  meet-  hold  a  mectiiig  ill  March  or  April,  aud  as  much  oftener 

iDRo    rustcc^g  ^^^^y  ^^  found  necessary  to  transact  their  necessary 

business  ;  which  meetings,  after  tlie  first,  shall  be  called 

in  such   way  and   manner  as  the  said  Trustees  shall 

direct. 

Sec.  5.  Be  it  further  enacted,  That  said  Trusteeg 
be,  and  they  are  hereby  authorised  to  sell  and  convey, 
in  fee  simple,  all  the  School  lands  belonging  to  said 
town  of  Raymond,  and  to  make,  execute  and  acknow- 
ledge a  good  and  sufficient  deed  or  deeds  thereof,  which 
deed  or  deeds,  subscribed  by  the  name  of  their  Treasur- 
er, 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  town  to  the  purchaser, 
to  all  intents  and  purposes  whatever. 

Sec.  6.  Be  it  further  enacted,  That  the  monies  ari- 
sing from  the  sale  of  said  lands,  shall  be  put  at  interest 
as  soon  as  may  be,  and  secured  by  mortgage  of  real 
estate  to  the  value  of  the  estate  sold,  or  by  two  or  more 
sufficient  sureties  a\  ith  the  principal,  unless  said  Trus- 
tees shall  think  proper  to  invest  the  same  in  stock  of  any 
of  the  incorporated  Banks  of  this  Commonwealth,  which 
they  may  do. 

Sec.  7'  Be  it  further  enacted,  That  said  Trustees 
shall  annually  apply  the  interest  arising  from  the  fund 
aforesaid  to  the  support  of  schools  in  said  town,  in  such 
way  and  manner  as  the  inhabitants  thereof  in  legal  town 
meeting  shall  direct ;  and  it  shall  never  be  in  the  power 
of  said  town  to  alienate  or  any  wise  alter  the  appropri- 
ation of  the  fund  aforesaid. 

Sec.  8.  Be  it  further  enacted,  That  the  Clerk  of  said 
Corporation  shall  be  sworn,  previous  to  his  entering  on 
the  duties  of  his  office,  and  the  Treasurer  of  the  Trus- 
tees sliall  give  bonds  faithfully  to  perform  his  duty,  con- 
formably to  the  true  intent  and  meaning  of  this  act,  and 
for  all  negligence  or  misconduct  of  any  kind  in  his  office. 

Sec.  9.  Be  it  further  enacted,  That  the  Trustees  or 
their  officers,  for  any  service  they  may  perform,  shall  be 
entitled  to  no  compensation  out  of  any  money  arising 
from  the  fund  aforesaid  ;  but  if  entitled  to  any,  shall 
bave  and  receive  the  same  of  said  tovfn,  as  may  be  mu- 
tually agreed  on. 


Inteiest,  how 
ai^)lied. 


Duties  of  the 
Tieasuier, 


Compensation 
of  I'lustees. 


HERMON.  June  14,  1814.  515 

Sec.  10.  Be  it  further  enacted,  That  the  said  Trus- 
tees and  their  successors,  shall  exhibit  to  the  town,  at  their  hibit^lf^s'ao-"' 
annual  meeting  in  March  or  April,  a  regular  and  fair  "'."'""'"="* 
statement  of  their  doings  ;  and  said  Trustees,  and  each 
of  them,  shall  be  responsible  to  the  town  for  their  per- 
sonal negligence  or  misconduct,  wliether  they  be  officers 
or  not,  and  liable  to  a  suit  for  any  loss  or  damage  ari- 
sing thereby,  the  debt  or  damage  recovered  in  sucli  suit 
to  be  for  the  use  aforesaid. 

Sec.  11.  Be  it  further  enacted,  That  Stephen  Sweet, 
JEsq.  be,  and  he  hereby  is  authorised  to  fix  the  time  and 
place  for  holding  the  first  meeting  of  said  Trustees,  and 
to  notify  each  Trustee  thereof. 

[Approved  by  the  Governor,  June  14,  1814.] 

CHAP.  XXXIII. 

An  Act  to  establish  the  town  of  Hermon,  in  the  county 
of  Hancock. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  township  numbered  two 
in  the  second  range  of  townships  north  of  the  Waldo 
patent,  in  the  county  of  Hancock,  as  contained  within 
the  following  described  boundaries,  be,  and  hereby  is 
established  as  a  town,  by  the  name  of  Hermon,  viz.  ;  ^«J'" 't^oftror- 
East  by  the  town  of  Bangor ;  south  by  the  town  of  Hamp- 
den ;  west  by  the  toAvn  of  Carmel ;  and  north,  partly  by 
the  town  of  Levant,  and  partly  by  the  township  num- 
bered one  in  the  third  range  of  townships  ;  and  the  in- 
habitants of  said  town  of  Hermon,  are  hereby  vested 
with  all  the  corporate  powers  and  privileges,  and  shall 
also  be  subject  to  the  same  duties  and  requisitions,  as 
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  Hancock,  is  hereby  empowered  •^""'"c  lo'usae 
upon  application  therefor,  to  issue  a  warrant  directed  to"**"'^"  ' 
a  freehold  inhabita»t  gf  the  said  town  of  Hermon,  re. 


516 


COURT  COM.  PLEAS. 


June  14,  1814. 


quiring  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  of- 
iicers  as  towns  are  by  law  required  to  choose  and  appoint 
at  their  annual  town  meetings. 

[Approved  by  the  Governor,  June  13, 181L] 


CHAP,  xxxrv. 

An  Act  to  alter  the  time  of  holding  the  Circuit  Court  of 
Common  Pleas  within  and  for  the  county  of  Berkshire. 


Time  aiul  place 
lor  holding 
court. 


Petitions,   i( 
cognizauces, 


Sec.  1.  J3E  it  enacted  hy  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  tli? 
authority  of  the  same,  That  the  Circuit  Court  of  Com- 
mon Pleas,  now  appointed  by  law  to  be  holden  at  Le- 
nox^ within  and  for  the  county  of  Berkshire,  on  the  third 
Monday  of  September  annually,  shall,  from  and  after 
passing  this  act,  be  holden  at  Lenox,  within  and  for  the 
said  county,  on  the  fourth  Monday  of  September  an- 
nually. 

Sec.  S.  Be  itfurtJier  enacted,  That  all  recognizan- 
ces, warrants,  complaints,  and  every  other  process,  pre- 
cept, matter  and  thing  returuable  to  said  Court,  on  the 
third  Monday  of  September  next,  and  all  parties  and 
persons,  that  have  been,  or  may  be  required  or  directed 
to  appear  anil  attend  at  the  time  and  place  first  above- 
mentioned,  and  all  actions,  indictments,  suits,  matters 
and  things,  now  pending  in  said  Court,  in  said  county, 
shall  be  returned  to,  entered,  appear,  and  attend,  have 
day,  be  heard,  tried  and  determined  at  the  term  thereof, 
appointed  by  this  act  to  be  holden  on  the  fourth  Mon- 
day in  September  next. 

[Approved  by  the  Governor,  June  14,  1814.] 


DEDHAM— CUMBERLAND.  June  i%  1814.  517 

CHAP.  XXXV. 

An  Act  to  annex  William  Fairbanks,  Jesse  Gay  and 
Aaron  Hiscock,  with  their  families  and  estates  to  the 
third  Parish  in  Dedham. 

JjE  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  hy  the 
authority  of  the  same.  That  William  Fairbanks,  Jesse 
Gay,  and  Aaron  Uiscock,  with  their  families  and  estates,  ^ons  "o^thi'se^ 
be  and    hereby  are  set  off  from  the  second  to  the  third  oedlJnu'^ '" 
Parish  in  Dedham,  and  shall  hereafter  be  considered  as 
a  part  of  the  same:  Provided  nevertheless,   That  the  Proviso, 
said  Fairbanks,   Gay  and  Hiscock,  shall  be  holden  to 
pay  their  proportionable  part  of  all  taxes,  which,  prior 
to  the  passing  of  this  act,  have  been  assessed  and  remain 
unpaid. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  XXXVl. 

An  Act  providing  compensation  for  the  Hegister  of  Pro- 
bate for  the  county  of  Cumberland. 

tiE  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  hy  the 
authmnty  of  the  same,  That  tiie  Treasurer  of  the  county  Pay  to  Register 
of  Cumberland,  be,  and  he  is  hereby  authorised  and  di.  on^'obau. 
rectetl  to  pay  to  the  Register  of  Probate,  for  the  time 
being,  of  said  county,  such  sum,  which,  together  with  tlie 
legal  fees  which  the  said  Register  may  have  received  or 
been  entitled  to  receive,  shall  amount  to  three  hundred 
and  fifty  dollars  annually,  from  and  after  the  first  day  of 
January  last  :  Provided  however ,  The  said  Register Proviao. 
shall  keep  an  exact  account"of  all  the  fees  he  may  have 
received,  or  have  been  entitled  to  receive  for  his  services 
in  said  office,  an  dshall  present  such  account,  attested  by 
the  Judge  of  Probate  for  said  countv,  to  the  said  Trea- 


518  TURNPIKE  CORPORATION.         June  14, 1814. 

surer,  for  his  information,  at  the  end  of  each  year,  and 
previous  to  the  payment  of  the  sum  aforesaid. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  XXXVII. 

An  Act  in  addition  to  an  act,  entitled  '^  An  act,  estab- 
lishing the  tenth  Massachusetts  Turnpike  Corpor- 
ation. 

Sec.  1.  Jij'Ei  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assemhled,  and  by  the 
authority  oj  the  samey  That  the  tenth  Massachusetts 
Turnpike  Corporation  be,  and  they  hereby  are  authorised 

AmiioHsed  to  to  remove  their  gate,  standing  near  the  house  of  Augustus 

remove  theii  g^^^mj^o^j  j,!  Haucock,  lu  the  county  of  Berkshire,  west, 
to  or  near  the  Cold  Spring,  so  called,  in  said  Hancock, 
and  when  so  removed,  said  Corporation  are  authorised 
to  demand  and  receive  the  same  rate  of  toll  at  said  gate, 
as  by  law  they  may  now  receive  at  their  other  gates  : 
Provided  however.   That  the  inhabitants  of  Pittsfield, 

Proviso.  Hancock,  and  Richmond,  the  Shakers  at  New-Leba- 
non, in  the  State  of  New-York,  and  also,  all  persons 
passing  said  gate  who  have  travelled  through  the  Shak- 
er Village,  in  said  Hancock,  or  from  West- Stockbridge 
through  Richmond,  or  who  may  be  passing  from  New- 
Lebanon  through  Richmond  to  West- Stockbridge,  or 
through  the  Shaker  Village  in  Hancock,  shall  be  whol- 
ly exempt  from  paying  toll  at  said  gate. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  said  Corporation,  to  erect  in  a  conspicuous  place 

Toll  Free,  at  their  gate  aforesaid,  a  board  with  these  words  there- 
on, in  large  and  legible  characters,  "  persons  passing 
through  West- Stockbridge  or  (he  Hancock  Shaker  Vil- 
lage, pay  no  toll." 

Sec.  3.  Se  it  further  enacted,  That  every  traveller 
being  about  to  pass  said  gate,  and  claiming  to  be  exempt 

r..       A  c     by  the  provisions  of  this  act  from  the  payment  of  toll. 

Fine  and  for-       <J  r  .,,  n  ,•  ji  ii 

fcijjii-e.  shall,  if  requned  by  the  toll  gatherer,  state  the  road  he 

has  ravelled  or  is  travelling  ;  and  whoever  shall,  for  the 
purpose  of  avoiding  the  payment  of  toll  at  said  gate, 


ENGLISH  HEimiNG.  June  14,  1814.  510 

willfully  give  a  false  account  to  said  toll  gatherer,  and 
thereby  pass  the  gate  toll  free,  shall  forfeit  and  pay  to 
the  use  of  said  Corporation,  for  every  such  offence,  the 
sum  of  ten  dollars,  to  be  recovered  by  the  Treasurer  of 
said  Corporation  by  action  of  debt. 

Sec.  4.  Be  it  further  enacted,  That  said  Corporation  May  hold  rcai 
may  purchase  and  hold  real  estate  to  the  value  of  three  **^«'*' 
thousand  dollars,  in  addition  to  the  sum  they  are  now 
by  law  authorised  to  hold. 

[Approved  by  the  Governor,  June  14, 1814.] 


CHAP,  xxxvin. 

An  Act  to  regulate  the  taking  of  the  fish  called  English 


Herrin 


»• 


Sec.  1.  Jl5E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  from  and  after  the  passing 
of  this  act,  it  shall  not  be  lawful  for  any  person  or  per-  fi!h """Vther 
sons  between  the  easterly  side  of  Damascotta  river,  and  ^^y  than  by 
the  westerly  side  of  New  Meadows  river,  or  on  the  sea- 
shore or  islands  between  those  two  rivers,  to  take  the 
fish  called  English  Herring,  in  any  other  way  than  by 
set  nets,  excepting  what  may  be  caught  in  wears  and 
hedges,  before  the  first  day  of  September,  in  each  year. 

Sec.  2.  Be  it  further  enacted.  That  if  any  person 
sball  practice  driving  with  torches,  or  other  lights,  or  r^i"e  and  cor. 
making  use  of  dip  nets,  for  the  purpose  of  taking  said  '^^'^""'' 
fish,  within  the  limits  aforementioned,  every  such  person 
sliall  forfeit  and  pay  the  sum  of  twenty  dollars,  to  be 
recovered  by  action  of  debt,  in  any  court  proper  to  try 
the  same  ;  one  half  thereof  to  be  paid  to  the  informer  or 
prosecutor,  and  the  other  half  to  the  town  within  whose 
jurisdiction  the  offence  may  be  committed. 

Sec.  3.  Be  it  further  enacted,  That  the  inhabitants 
of  any  town  within  the  limits  aforesaid,  at  their  annual  power  and  d-,^ 
meetings  in  March  or  April,  be,  and  hereby  are  impow-J^^"'  Commii. 
ered  to  choose  a  Committee  of  three  or  more  persons, 
whose  duty  it  shall  be^  to  see  that  this  law  be  observed 


520  MILL  CORPORATION.  June  14,  1814, 

and  kept,  aud  each  person  so  chosen  shall  take  an  oath, 
faithfully  to  discharge  the  duty  required  of  him  ;  and  if 
the  inhabitants  of  any  town  within  the  limits  aforesaid, 
at  one  of  the  meetings  aforesaid,  in  eacli  year,  shall  neg- 
lect to  choose  such  Committee,  the  town  thus  neglect- 
ing, shall  forfeit  and  pay  the  sum  of  fifty  dollars,  to  he 
recovered  by  action  of  debt,  in  any  Court  proper  to  try 
the  same,  one  half  thereof  to  the  use  of  the  prosecutor, 
and  the  other  half  to  the   use  of  the  county  in  which 
such  town  shall  lie. 
Shall  not  set       Sec.  4.   Be  it  further  enacted,  That  from  and  after 
riVerh'^not^'^^  the  passiug  of  this  act,  it  shall  not  be  lawful  for  any  per- 
moie  than  half  son,  wittiiu  the  Umits  aforesaid,  to  set  a  net  across  the 
ni'^wj  e.       jj^outh  of  any   harbor,   creek,  or  inlet,  where  the  same 
is  not  more  than  half  a  mile  wide,  under  the   penalty  of 
ten  dollars,  for  each  offence,  to  be  recovered  by  action 
of  debt,  and  disposed  of  as  aforesaid. 

[Approved  by  the  Governor,  June  14, 1814.] 


CHAP.  XXXIX. 

An  Act  to  establish  The  Boston  and  Roxbury  Mill  Cor- 
poration. 


Sec.  1.  JOE  it  enacted  hj  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
Persona  mcor- dutkority  of  the  Same,  That  Isaac  P.  Davis,  Uriah  Cot- 
poratcd.         ting,  and  William  Brown,  their  associates,  successors  and 
assigns,  be,  and  they  are  hereby  made  a  body  politic  and 
corporate,  by  the  name  of  The  Boston  and  Roxbury  Mill 
Corporation  ;  and  by  that  name  may  sue  and  ])e    sued, 
prosecute  and  be  prosecuted  to  final  judgment  and  execu- 
tion :    And  said  Corporation  shall  have  power  to  make 
and  use  a  common   seal,  and  the  same  to  break  and 
alter  at  pleasure,  and  may  from  time  to  time  make  bye- 
laws  for  the  regulation  of  the  affairs  of  the  corporation  ; 
Proviso.         Provided,  The  same  be  not  repugnant  to  the  laAvs  of  the 
Commonwealth  ;  may  purchase  and  hold  real  and  per- 
May  hold  real  goual  estatc,  (uot  cxcccding  in  value  two  millions  of 
estate!'   "^     dollars.)  ncccssary  to  promote  the  objects  of  the  corpo- 


MILL  CORPORATION.  June  i%  1814.  5^t 

ration :  and  in  2;cncral,  may  do  and  suffer  all  other  acts 
and  things,  >vhicli  bodies  corporate  may  or  ought  to  do 
and  suffer. 

Sec.  2.  Be  it  further  enacted,  That  said  corporation  May  ij.iiia  a 
shall  have  power  to  build  a  Dam  from  Charles-Street,^""** 
at  the  westerly  end  of  Bacon- Street  in  Boston,  to  the 
upland  at  SewalPs  point,  so  called,  in  Brookline,  and 
as  near  as  may  be  to  the  north  side  of  tide-mill  creek, 
which  Dam  shall  not  be  less  than  forty-two  feet  wide  on 
the  top,  and  made  so  as  effectually  to  exclude  the  tide 
water,  and  to  form  a  reservoir  or  empty  basin  of  the 
space  between  said  Dam  and  Boston  neck  ;  and  said 
Corporation  shall  have  power  to  build  a  Dam  from  Bos- 
ton to  South  Boston,  not  northerly  or  easterly  of  South 
Boston  bridge,  with  gates,  sluiceways,  and  other  things 
necessary  to  admit  and  detain  the  tide  water  between 
said  Dam  and  Boston  neck,  at  the  height  of  common 
tides  ;  and  shall  make  in  said  Dam  a  good  and  sufficient, 
lock,  for  the  passage  of  rafts  containing  not  less  than  ten 
thousand  feet  of  timber  or  boards,  of  vessels  and  boats, 
burthen  from  ten  to  one  hundred  and  fifty  tons,  and 
])oats  and  barges  of  any  dimensions,  loaded  with  pow- 
der, to  and  from  said  basin,  free  of  toll :  Provided,  Pi-o>i>r. 
That  no  vessel  of  less  than  fifty  tons  burthen,  shall  have 
a  right  to  pass  said  lock,  at  any  other  time  than  at  or 
near  high  water  ;  all  vessels  hovrever  lying  in  said  basin, 
paying  to  said  Corporation  the  customary  dockage  of  the 
town  of  Boston,  excepting  where  they  shall  lay  at  the 
wharves  of  any  person,  who  in  such  case  may  charge  and 
receive  the  same  to  their  own  account.  And  the  said  Cor- 
poration may  run  a  Dam  from  Grravelly  point  in  saidRox- 
bury,  to  the  Dam  first  above  described,  so  as  to  inclose 
the  tide  water  within  tide -mill  creek,  and  may  connect 
the  same  with  the  full  basin  on  the  east,  by  a  canal,  of 
at  least  one  hundred  feet  wide,  to  be  cut  in  some  con- 
venient place  from  said  creek  to  the  canal  by  Davis' 
works  in  said  Roxbury,  and  may  raise  the  banks  of 
said  canal  and  dike,  the  borders  of  the  marshes  on  the 
carterly  bank  of  said  creek,  so  as  to  prevent  the  tide 
from  flowing  at  any  time  into  the  empty  basin,  andboats^^°"^^J^j;^^'J[,J'"« 
and  other  things  may  pass  and  repass  in  said  Canal  at 
all  time  free  of  toll.     And  if  said  Corporation  shall  fail 


522  MILL  CORPOllATION.  Jme  14, 1814, 

for  the  space  of  three  years,  from  the  passing  of  this  act, 
to  secure  the  tide  waters  as  aforesaid,  within  said  tide 
forfeitures!"     ^^^^^  crcck,  and  to  conncct  said  creek  to  the  said  full  ba- 
sin on  the  cast  as  is  above  described,  then  the  Legisla- 
ture may  compel  the  execution  thereof,  upon  such  terms, 
and  under  such  penalties  and  forfeitures,  as  it  may  think 
proper  to  impose.      And  the  said  Corporation  may  cut 
any  number  of  convenient  race  ways,  from  the  full  ba- 
_,    ,         ,  sin  to  tlie  empty  basin  aforesaid,  mav  maintain  and  keep 
se|i  the  right  of  up  all  tlicir  Said  works  forever,   and  may  lease  or   sell 
ter»r^'^^' *     the  right  of  using  the  water,  and  upon  any  terms,  and  in 
any  manner  they  may  think  proper  ;  and  no  person  shall 
have  a  right  to  dispose  of  said  water,  without  the  eon- 
sent  of  said  Corporation. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Corpor- 
ation shall  have  power  to  make  and  finish  the  Dam,  in 
this  act  first  mentioned,  and  connect  the  different  parts 
rJad.""*''^  **  thereof  by  bridges  and  causeways,  so  as  to  render  the 
same  a  good  and  substantialroad,  suitable  for  the  passing 
of  men,  loaded  teams,  carts,  and  carriages  of  all  kinds, 
and  shall  open  a  road  not  more  than  eighty  feet  and  not 
less  than  forty-two  feet  wide,  from  some  point  of  said 
Dam,  where  it  crosses  the  marshes  in  Brookline,  to  the 
end  of  the  Worcester  Turnpike,  near  the  Punch-bowl 
tavern,  so  called,  in  said  Brookline,  which  road  shall 
be  made  in  a  straight  line,  as  nearly  as  can  be  done  with 
convenience  ;  and  when  the  road  on  said  Dam  shall  be 
finished,  railed  at  the  sides,  and  furnished  with  lamps 
to  the  satisfaction  of  the  Selectmen  of  Boston,  the  said 
Corporation  may  receive  toll  for  passing  over  the  same, 
at  the  same  rate  as  is  now  granted  to  the  Proprietors  of 
Proviso.  the  West  Boston  Bridge  :  Provided,  That  no  toll  shall 
be  received  as  aforesaid,  until  said  Dam,  and  the  Dam 
from  Boston  to  South  Boston,  with  the  lock  therein  shall 
be  completed,  in  a  substantial  manner,  so  as  effectually 
to  answer  the  purposes  intended  and  set  forth  in  the  se- 
secoud  section  of  this  act.  And  if  said  Corporation  or 
some  person  under  them,  shall  not,  within  fi^ve  years 
from  the  passing  of  this  act,  establish  mills,  employing  a 
power  equal  to  turning  twenty  pair  of  common  mill 
stones,  the  Legislature  may  suspend,  as  long  as  it  shall 
think  proper,  the  right  of  said  Corporation  to  take  any 


MILL  CORPORATION.  June  14,  1814.  5S3 

toll  as  aforesaid.     And  the  proprietors  of  the  marshes 

in  Brookliue  shall  have  the  privilege  of  passing  free  of  toIi  free  to  the 

toll  to  and  from  their  marshes,  from  and  to  tlie  upland  lUa.'shtTi.! "' 

in  Brookliue,  over  said  road  or  Dam,  and  the  said  Cor- Biookiine. 

poration  shall  make  and  maintain,  at  its  own  expense, 

a  sutitable  number  of  sloping  bridges,  leading  from  the 

sides  of  said  road  and  Dam  to  the  surface  of  the  marsh 

land,  and  convenienet  to  carry  oiff  the  hay. 

Sec.  4.  Be  it  further  enacted.  That  the  said  Corpor- 
ation shall  be  entitled  to  all  the  advantages  and  benefits  Rig^s  ami  pii- 
of  the  engagements  of  the  town  of  Boston  with  the  peti-  ^''*^i>«^- 
tioners  for  this  present  act,  as  the  same  are  expressed  in 
the  doings  of  said  town  at  its  meetings  of  the  eleventh  of 
June  and  twentieth  of  October  last  past ;  but  shall  have 
and  enjoy  the  same  however,  upon  the  same  terras  and 
conditions,  and  subject  to  all  the  restrictions,  expressed 
in  the  report  of  said  town  Committee,  and  accepted  and 
recorded  by  the  said  town,  at  its  meeting  last  above- 
mentioned. 

Sec.  5.  Be  it  further  enacted,    That  the  Board  of  Board  ofHeaith 
Health  of  the  town  of  Boston,  be,  and  hereby  is  author- cover  tiLu  wuu 
ised  and  empowered  to  cause  the  flats,  on  the  westerly  ^'"""* 
side  of  Boston,  within  said  empty  basin,  or  any  portion 
of  them,  to  be  kept  constantly  covered  with  water,    if  in 
the  opinion  of  said  Board,  it  shall  be    necessary  to  the 
health  of  the  inhabitants  of  said  town ;  and  for  that  par- 
pose  to  cause  a  Dam  of  a  suitable  height,  at  their  dis- 
cretion, to  be  placed  and  kept  at  the  sluice  gate  or  gates 
in  the  principal  Dam  of  said  empty  basin,  in  order  to  re- 
tain the  water  therein,  at  the  sole  expense  of  said  Cor- 
poration. 

Sec.  6.  Be  it  further  enacted,  That  any  person  or 
Corporation,  sustaining  any  damage  by  the  building  of 
said  Dams,  bridges  or  causeways,  or  from  cutting  said  com„STo  ' 
canal  or  race  ways,  or  from  the  exercise  of  any  of  the  «i''"i*'e  ^a'"- 
rights  and  powers,  herein  given  to  said  Corporation,  may  ^^^" 
^PP^y  (if  within  one  year   from  the  time  any  such  dam- 
age may  have  happened)  to  the  Court  of  Common  Pleas 
for  the  county  in  which  tlie  land  lies,  for  a  Committee  to 
be  appointed  to  estimate  the  damage,  and  upon  such  ap- 
plication, tlie  Court  after  thirty  days  notice  to  said  Cor- 
poration te  appear,  and  shew  cause  why  such  Committee 


5U 


MILL  CORPORATION. 


June  i%  1814= 


should  not  be  appointed,  shall,  if  no  good  cause  be  shewn 
to  the  contrary,  appoint  three  or  five  disinterested  free- 
holders within  the  same  county,  at  the   expence  of  said 
Corporation,  which  Committee  being  first  duly  sworn  be- 
fore some  Justice  of  the  Peace,  to  be  nominated  by  said 
Court,  and  giving  due  notice  to  both  parties  to  appear,  if 
tliey  see  fit,  for  a  hearing  before  them,  shall  proceed  to 
the  duties  of  their  appointment  ;  and  they  shall  first  in- 
quire, whether  any  damage  has  been  sustained  from  the 
causes  aforesaid,  and  if  any,  they  shall    estimate  ihe 
same,  and  where  the  damage  is  annual,  they  shall  so  de- 
clare the  same  in  their  report,  and  shall  make  return  of 
their  doings  as  soon  as  may  be,  into  the  said  Court,  and 
upon  the  acceptance  of  said  report,  judgment  may   be 
given  thereon,  with  reasonable  costs  to  the  party  prevail- 
Proviso.         ing  :  Provided  lioicever,  That  either  party  after  the  re- 
turn of  said  report,  may  claim  a  trial  by  jury,  and  the 
Court  shall  thereupon  stay  judgment  on  said  report  ;  and 
upon  such  application  for  a  jury,  the  rourt  shall  issue  a 
warrant  to  the  Sheriff  of  the  same  county,  or  if  the  Sher- 
iff shall  be  interested,  then  to  some  Coroner,   by   name, 
who  is  not  interested,  directing  him  to  summon  a  jury  of 
twelve  good  and  lawful  men,  which  jury  shall  be  sworn, 
and  in  all  things  shall  proceed  as  is  above  directed,  as 
to  said  Committee,  due  notice  to  the  parties  being  first 
given  by  the  officer,  of  the  time  and  place  of  their  meet- 
ing ;  and  their  verdict  shall  be  sealed  up,  and  the   offi- 
cer shall  return  the  same  into  Court,  and  judgment  may 
be  entered  tliereon  :  And  if  the  party  applying  for  a  ju- 
ry shall  not  obtain,  in  case  it  be  the  original  applicant, 
an  increase  of  damages,  or  in  case  it  be  the  original  re- 
spondent, a  decrease  of  the  damages  awarded  by  the 
Committee,  such  party  shall  pay  reasonable  costs  of  such 
Costs,  &c.       trial  by  jury,  otherwise  shall  recover  reasonable  costs  ; 
and  upon  any  judmeiit  rendered  upon  the  report  of  such 
Committee  on  the  verdict  of  such  jury,  the  Court  may  is- 
sue its  execution  accordingly,  and  also  from  year  to  year 
where  the  damages  awarded  are  annual,  on  motion  of 
the  party  entitled    thereto,    and    an  action  of  debt  may 
be  maintained  on  such  judgment  ;  and  if  upon  notice  to 
said  Corporation  as  aforesaid,  to  shew  cause  why  such 
Committee  should  not  be  appointed,  said  Corporation 


MILL  CORPORATION.  June  14, 1814.  525 

shall  appear  and  deny  the  applicants  title  to  the  land 
damaged,  or  claim  a  title  to  do  what  is  complfjined  of, 
without  the  payment  of  damages,  or  for  an  agreed  com- 
position, the  Court  shall  first  order  a  trial  of  the  issue  at 
the  bar  of  said  Court,  or  if  there  be  an  issue  in  law, 
shall  try  it  themselves ;  and  in  eitiier  case,  either  party 
may  appeal  to  the  Supremo  Judicial  Court,  as  in  oth^r 
cases  ;  and  a  certificate  of  the  determination  of  the  Su- 
preme Judicial  Court  on  such  appeal,  in  favor  of  tlie 
original  applicant,  shall  be  filed  in  said  Court  of 
Common  Pleas,  before  such  Committee  shall  be  appoint- 
ed ;  and  where  annual  damages  are  awarded  by  said 
Committee,  or  said  Jury,  and  judgment  had  according- 
ly, each  party  shall  be  entitled,  after  two  years,  to 
apply  to  said  Court  of  Common  Pleas,  for  an  increase 
or  decrease  of  said  damages ;  and  thereupon  the  same 
proceedings  shall  be  had,  as  upon  the  original  appli- 
cation. 

Sec.  7*  Se  it  furtiier  enacted^  That  flie  stock  and  capital  stock 
property  of  said  Corporation  shall  be  drvided  into  three  b"j!(J"ha"re™ 
thousand  five  hundred  shares,  certificates  of  which  shall 
issue  under  the  seal  of  the  said.Corporation,  and  be  signed 
by  the  President  and  Treasnrer  thereof,  and  said  shares 
shall  be  deemed  and  taken  to  be  personal  estate,  and 
may  be  transferred  by  deed  acknowledged  before  some 
Justice  of  the  Peace,  and  recorded  by  the  Clerk  of  said 
Corporation  in  a  book  to  be  kept  for  that  purpose  ;  and 
the  original  subscription,  for  at  least  fifteen  hundred 
shares,  shall  be  public,  and  contiiiue  open  at  least  ten 
days,  or  until  the  whole  shall  be  subscribed  for,  the  time 
and  place  for  which  shall  be  regulated  as  hereafter  pro- 
vided. 

Sec.  8.  Be  it  further  enacted.  That  Isaac  P.  Davis, 
Uriah  Cotting  and  William  Brown,  or  the  major  part  of  Sins'* 
them,  may  call  the  first  meeting  of  said  Corporation,  by 
giving  seasonable  notice  of  the  time  and  place  for  the 
same,  in  the  Columbian  Centinel  and  Independent 
Chronicle,  printed  in  Boston  ;  and  at  the  said  meeting 
there  shall  be  appointed,  by  a  majority  of  votes,  a  Clerk, 
who  shall  be  duly  sworn  to  record  the  doings  theieof ; 
and  also  a  Committee  of  five  persons,  who  shall  direjct 
the  time  and  place  for  opening  the  public  subscriptions 
40 


5S6  MILL  CORPORATION.  June  14,  lSi4r, 

for  at  least  fifteen  hundred  shares  as  abovementioned, 
and  shall  appoint  some  person  or  persons  to  superintend 
the  same  ;  and  shall  also  direct  the  manner  in  which  the 
Proviso:  othct  sharcs  may  be  subscribed  for  :  Pvqmihd,  That 
no  person,  in  any  case,  shall  subscribe  for  more  than  fif- 
ty shares  5  and  when  tAvo  thousand  shai'es  shall  be  sub- 
scribed for,  the  said  Committee  shall  notify  the  subscri- 
bers to  meet  at  some  convenient  time  and  place  for  the 
purpose  of  more  fully  organizing  and  arranging  the  af- 
fairs of  said  Corporation,  at  which  meeting  every  per- 
son shall  be  entitled  to  a  number  of  votes  equal  to  his 
number  of  shares  ;  and  the  powers  and  duties  of  the 
President  and  other  officers  and  servants  of  the  Corpor- 
ation, together  with  the  time  and  manner  of  choosing, 
and  the  number  of  the  same  may  be  regulated  by  the 
bye-laws  of  the  Corporation. 

Sec.  9.  Be  it  further  enacted,  That  the  spJd  Corpor- 
May  make  as-  atiou,  or  Its  officcrs,  duly  authorised,  by  its  bye-laws 
sessme's  on      j^jfj^y  make   assessmeuts  upon  the  shares  subscribed  for, 

.■>ii''i'^s  sublet' •"         v  i  ' 

bed  101-.  for  the  purpose  of  effecting  the  objects  of  the  Corpora- 

tion, and  for  any  other  necessary  purpose  ;    Provided 

Proviso.  however,  That  the  whole  amount  of  the  assessments 
on  each  share  shall  not  exceed  the  sum  of  one  hundred 
dollars,  after  deducting  the  amount  of  any  dividends  pre- 
viously declared  thereon  ;  and  in  case  the  amount  of 
one  hundred  dollars,  so  assessed  upon  each  sliare,  will 
not  supply  the  necessary  funds,  the  Corporation  or  its 
officers  duly  authorised,  may  raise  the  funds  required  by 
selling  any  shares  not  subscribed  for,  or  by  creating  and 
selling  any  number  of  shares  over  and  above  the  said 
three  thousand  five  hundred  :  And  if  the  proprietor  of 
any  share  shall  neglect  or  refuse  to  pay  any  assessment 
for  the  term  of  thirty  days  from  the  time  appointed  there- 
for, the  share  or  shares  of  such  proprietor  may  be  sold 
at  public  auction,  notice  of  the  time  and  place  of  such 
sale  being  given  by  the  Treasurer  of  said  Corporation, 
in  some  public  news- paper  printed  in  Boston,  three  weeks 
at  least  previous  to  the  time  appointed  therefor ;  and  the 
proceeds  of  the  sale  shall  be  applied  to  the  payment  of 
the  assessments  due  on  the  share  or  shares  so  sold,  with 
incidental  charges  ;  and  the  surplus,  if  any,  shall  be  paid 


BOSTON  MANU.  COMP.  Jim^  14, 1814.  S%7 

by  said  Treasurer  to  the  former  owner,  or  his  legal  re- 
presentatives on  demand  ;  and  such  sale  shall  give  a 
good  and  complete  title  to  the  purchaser  of  such  share 
or  shares,  and  he  shall  receive  a  new  certificate  therefor  : 
Provided  hoivever,  That  if  before  the  actual  sale  of  any  ^^^  .^^ 
such  share  or  shares,  the  proprietor  thereof  will  pay  the 
assessments  due  thereon,  with  interest  from  the  time 
they  became  due,  and  all  necessary  and  reasonable 
charges,  the  sale  shall  not  proceed. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  XL. 

An  Act  to  authorise  the  Boston  Manufacturing  Compa- 
ny to  shut  the  Fish  Grate  in  their  Dam  across  Charles 
River. 

JljE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  samef  That  the  Boston  Manufacturing  May  close  gate. 
Company  have  the  liberty  of  closing  the  Fish  Gate  in 
their  Dam  across  Charles  River,  at  their  works  in 
Newton  and  Waltham,  being  the  same  Mill  Dam 
which  formerly  was  owned  and  occupied  by  John 
Boies ;  and  may  keep  the  same  shut  forever  :  Provided ^ifioyhQ, 
That  said  Company,  their  successors  and  assigns  shall 
make,  and  continue  in  good  repair,  a  Fish  way  over 
said  Dam,  of  the  same  inclination  and  width,  and  ad- 
mitting the  same  depth  of  water,  as  that  now  made  over 
the  lower  Dam  across  said  river  in  Watertown,  near 
Watertown  bridge,  and  shall  keep  the  same  open  from 
the  first  day  of  April  to  the  first  day  of  June  annually, 
[Approved  by  the  Governor,  June  14,  1814.] 


538  HIUAM.— COTTON  FACTORY,     June  14, 1814& 

CHAP.  XLI. 

An  Act  to  repeal  in  part  an  act,  entitled  an  act  to  in- 
corporate the  Plantation  of  Hiram  into  a  District,  by 
tlie  name  of  Hiram,  in  tlie  county  of  Oxford,  and  for 
other  purposes. 

Sec.  1.  JO'Ei  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
Act  it)  part  xt.^utliority  of  the  same,  That  so  much  of  the  act   passed 
reaied.  Qii  tiie  twenty -seventh  day  of  February,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  seven,  enti- 
tled "  An  act  to  incorporate  the  Plantation  of  Hiram 
into  a  District,  by  the  name  of  Hiram,  in  the  county  of 
Oxford,'^  as  empowers  the  District  of  Hiram  to  unite 
with  the  tovv^n  of  Brownfield,  in  choosing  a  Represen- 
tative, be,  and  the  same  is  hereby  repealed. 

Sec.  S.  Be  it  further  enacted,  That  the  District  of 
Hiram,  in  the  county  of  Oxford,  be,  and  hereby  is  in- 
•towninc<5ipar-corporated  into  a  town,  by  the  name  of  Hiram,  and 
vested  with  all  the  powers,  privileges,  and  immunities, 
whiftli  other  towns  in  this  Commonwealth  do,  or  may 
e»joy. 

[Approved  by  the  Governor,  Juue  14,  1814.] 


CHAP.  XLII. 

An  Act  to  establish  the  Amherst  Cotton  Factory. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
llepresentatives  in  General  Court  assembled,  and  by  the 
r&vson%\mQr.  authority  of  the  same.  That  Levi  Collens,  JEbeiiezer 
i.oratcd.  Mattoon,  Samuel  F.  Dickinson,  Elijah  Eastman,  Rob- 
ert Douglas,  Nathan  Gilson,  Asa  Adams,  and  Samuel 
Perrin,  together  witli  such  other  persons  as  may  here- 
after associate  with  them,  their  successors  and  assigns, 
be,  and  they  hereby  are  made  a  Corporation,  by  the 
name  of  the  Amherst  Cotton  Factory,  for  the  purpose 
of  manufacturing  cotton  yarn  and  cloth,  in  the  town  of 


CLOTH  MANU.  COMPANY.  Jme  1%  1814.  5^9 

Amherst,  in  the  county  of  Hampshire ;  and  for  that 
purpose  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements  contained  in 
an  act,  entitled  "  An  act  defining  the  general  powers 
and  duties  of  Manufacturing  Corporations." 

Sec.  2.  Be  it  further  enacted,  That  the  said  Corpo- 
ration may  be  lawfully  seized  and  possessed  of  such  M^y  i,oici  real 
real  estate,  not  exceedinjr  the  value  of  thirty  thousand  »"^'  i'*^"^*""*' 
dollars,  and  such  personal  estate,  not  exceeding  fifty 
thousand  dollars,  as  may  be  necessary  and  convenient 
for  carrying  on  the  manufacturing  of  cotton  yarn  and 
iiloth,  in  said  town  of  Amherst. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.   XLIII, 

An  Act  to  establish  the  Northbridge  Cloth  Manufactur- 
ing Company. 

Sec.  1.  XjE  it  enacted  hj  the  Senate  and  HoiCse  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Levi  Lincoln,  Antipas  J^^^'""*  '"'^®''' 
Earle,  Jess*  Eddy,  Amasa  Roberts,  Timothy  Earle, 
William  Hendrick,  Silas  Earle,  and  Daniel  Waldo, 
with  such  others  as  may  hereafter  associate  with  them, 
their  successors  and  assigns,  be,  and  hereby  aj-e,  made 
a  Corporation,  by  the  name  of  the  Northbridge  Cloth 
Manufacturing  Company,  for  the  purpose  of  manufac- 
turing cotton  and  woollen  cloth,  in  the  town  of  North- 
bridge  ;  and  for  tliis  purpose,  shall  have  all  the  powers 
and  privileges,  and  shall  also  be  subject  to  all  the  duties 
and  requirements  prescribed  and  contained  in  an  act 
passed  the  third  day  of  March,  eighteen  hundred  and 
nine,  entitled  "  An  act  defining  the  general  powers  and 
duties  of  Manufacturing  Corporations.'' 

Sec.  2.  Be  it  further  enacted,  That  tlie  said  Corpo- 
ration may  be  lawfully  seized  and  possessed  of  such  real  May  hoia  i  eaT 
estate,  not  exceeding  the  value  of  thirty  thousand  dol- e".^.^"''' "' 
lars,   and  of  such  personal  estate,  not  exceeding  one 
hinidred  thousand  dollars,  as  may  be  necessary  and 


530  KELIGIOUS  SOCIETY.  Jmw  i%  1814 

convenient   for  carrying  on  the  manufacture  of  cottort 
and  Avoolen  cloth,  in  the  said  town  of  IS orthbridge. 
[Approved  by  tlie  Governor,  June  14?,  Ibl4.] 


CHAP.  XLIV. 

An  Act  to  incorporate  a  number  of  inhabitants  of  the 
town  of  Northbridge,  in  the  county  of  Worcester, 
into  a  Society  for  Religious  purposes. 


Persons  incar. 


Sec.  1.  -OE  it  enacted  by  the  Senate  and  House  of 
Jiefresentatices  in  General  Court  assembled,  and  bij the 
authority  of  the  same,  That  John  Crane,  James  Fletch- 
porated.  cr,  Paul  Whitin,  Israel  Taft,  Elzaplian  Taft,  Levi 
Kist,  Keith  Taft,  Abner  Adams,  x\.rnold  Adams,  Ben- 
jamin Basset,  Joel  Batchellor,  Moruel  Taft,  Cheney 
Taft,  "William  Slocum,  jun,  Joshua  Slocum,  Benjamin 
Morse,  John  Adams,  Thomas  Goldthwait,  Joseph 
White,  Henry  Chapiu,  Simeon  Batchellor,  Obed  Gold- 
thw  aite,  Ebenezer  Baker,  Amaria  Preston,  Joel  White^ 
Solomon  Nelson,  Henry  Dunn,  jiin.  David  Dunn,  Fre- 
bun  White,  Samuel  Fletcher,  James  Fletcher,  jun. 
and  Adolphus  Spring,  members  of  the  Congiogational 
Society,  in  the  town  of  Northbridge,  (whereof  the  Rev. 
John  Crane  is  the  present  Pastor,)  with  their  polls  and 
estates  be,  and  they  hereby  are  incorporated  into  a  So- 
ciety, by  the  name  of  The  Congregational  Society  in 
Northbridge  ;  and  that  they  be,  and  are  hereby  invest- 
ed with  all  the  powers,  privileges,  and  immunities, 
which  other  parishes  in  this  Commonwealth  are  entitled 
to^y  law. 

Sec.  S.  Be  it  further  enacted,  That  such  other  in- 
otiier  miiaiii.  habitants  of  said  town  of  Northbridge,  as  have  hitherto 
S  MnSn's;  ^^cn  consldcrcd  by  said  town,  as  belonging  to  the  Con- 
10  ihe  Society,  grcgatioual  Society  therein,  or  who  shall  hereafter  usu- 
ally attend  public  worship  with  said  incorporated  Soci- 
ety, shall  be  deemed  and  taken  with  their  polls  and 
estates,  as  belonging  to,  and  making  part  of  said  incor- 
poration, to  all  intents  and  purposes,  as  though  particu- 
ProvU*.         1  irly  named  in  this  act ;     Provided  notwithstanding, 


RELIGIOUS  SOCIETY.  Jivne  14,  1814.  531 

That  notliing  in  this  Act  shall  effect  the  right  of  any  of 
the  members  of  said  Society  withdrawing  his  relations 
therefrom,  and  becoming  a  member  of,  and  uniting  with 
some  other  religious  Society;  and  in  case  any  person 
or  persons  belonging  to  said  incorporated  Society,  shall 
hereafter  signify  to  the  Clerk  thereof,  his  or  their  desire 
of  becoming  united  with  some  other  religious  Society, 
and  shall  produce  and  lodge  with  the  clerk  of  said  in- 
corporated Society,  a  certificate,  signed  by  the  minis- 
ter or  clerk  of  such  other  religious  Society,  of  such 
person  or  persons  having  usually  attended  public  wor- 
ship therein,  and  of  having  actually  become  united 
thereto,  he  or  they  shall  fiom  and  after  lodging  such 
certificate  as  aforesaid,  be  considered  as  belonging  to 
such  other  society  :  Provided  however,  That  such  person  Proviso, 
or  persons  shall  be  holden  to  pay  his  or  their  propor- 
tion of  all  taxes  legally  assessed,  or  monies  voted  to  be 
raised  in  said  incorporated  Society,  pre\ious  to  with- 
drawing his  or  their  relation  therefrom. 

Sec.  3.  Be  it  further  enacted,  That  the  said  incorpo- 
rated Society,  from  and  after  the  passing  of  this  act,  be, 
and  it  hereby  is  invested  with  the  privilege  of  improving  Piiviieges. 
and  enjoying  the  Congregational  Meeting-house,  in 
said  town,  (so  called,)  for  the  purpose  of  assem-bling 
therein  for  public  worship,  in  the  same  manner  as  the 
Congregational  Society  in  said  town,  hitherto  has  done, 
and  of  receiving  and  holding  all  such  securities  and 
monies  as  heretofore  belonged  to  the  said  Congrega- 
tional Society,  in  said  Northbridge,  and  of  receiving 
and  holding  all  such  donations  and  bequests  as  may 
from  time  to  time  be  given  to  the  said  incorporated  So- 
ciety, and  of  improving  the  same,  by  appropriating  the 
annual  interest  arising  therefrom,  to  the  support  of  a 
Public  Teacher  of  piety,  religion,  and  moral ty,  in  said 
Society,  so  long  as  it  shall  remain  a  corporate  body, 
and  support  public  worship  therein. 

Sec.   4.    Be   it  further   enacted,    That   Adolphus^^j^^,^,^,,  ^^^^ 
Spring,  Esquire,  ^'    ^I'd  h  -  licrcny  is,  authorized  anding" 
directed  to  issue  .  ut,  *3irected  to  some  principal 

inhabitant  of  saicK  >-i  Ay,  requiring  him  to  give  notice 
to  the  members  thereof,  qualified  to  vote  in  parish  af- 
fairs, to  assemble  and  meet  at  some  convenient  place 


533  TOWN  OF  NEWPORT.  June  i%  1814. 

in  said  towD,  for  the  purpose  of  choosing  all  such  oflR- 
cers,  as  parishes  are  by  law  required  to  choose  in  the 
months  of  March  or  April  annually,  and  to  transact  all 
such  matters  and  things  as  may  be  necessary  to  be  done 
in  said  Society. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  XLV. 

An  Act  to  esteiblish  the  town  of  Newport  in  the  county 
of  Hancock. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and.  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
Town  incor-    authority  of  the  same,  That  the  township  numbered  four 
porated  ^^  ^^iQ  third  raugc  of  townships  north  of  the  Waldo  pa- 

patent,  in  the  county  of  Hancock,  as  contained  within 
the  following  described  boundaries,  be,  and  hereby  is 
made  and  established  a  town,  by  the  name  of  Newport, 
Bewndariesde-  viz. :  Nortliby  tlic  township  numbered  four  in  the  fourth 
•ytbed.  raugc  ;  east  by  the  township  numbered  three  in  the  third 
range ;  west  by  the  town  of  Palmyra  ;  and  south,  partly 
by  the  townships  numbered  four,  and  five  in  the  second 
range  :  And  the  Inhabitants  of  the  said  town  of  New- 
port, are  hereby  vested  with  all  the  powers  and  privileg- 
es, and  shall  also  be  subject  to  all  the  duties  and  re- 
quisitions, to  which  other  towns  are  entitled  and  subjec- 
ted, according  to  the  constitution  and  laws  ef  this  Com  - 
monwealth. — And  the  whole  of  the  said  township  shall 
be,  and  hereby  is  annexed  to  the  county  of  Hancock. 

Sec.  2,  Be  it  further  enacted.  That  any  Justice  of  the 
Peace  for  the  county  of  Hancock,  is  hereby  empowered 
i"Ji?!!.,*°  '""^  to  issue  a  warrant,  directed  to  a  freehold  inha.bitant  of 
the  said  town  of  Newport,  requiring  him  to  notify  and 
warn  the  inhabitants  thereof  to  meet  at  such  convenient 
time  and  place  as  shall  be  appointed  in  the  said  m  arrant^ 
for  the  choice  of  such  officers,  as  towns  witliin  this  Com- 
monwealth are  entitled  to  choose  and  appoint  at  tlieir 
annual  town  meetings. 

[Approved  by  the  Governor,  June  14,  1814.] 


GUN-POWDER.— GOODS.  June  14,  1814.  533 


CHAP.  XLVI. 

7 

An  Act   in  addition  to  an  act  to  regulate  the  sale  of 
goods  at  Public  vendue. 

Sec.  1.  JlSE  it  enacted  by  the  Senate  and  House  of 
He^iresentatives  in  General  Court  assembled,  and  bij  the 
authority  of  the  same,  That  all  penalties  incurred  under  viay  pmsecnte 
an  act  entitled  "  An  act  to  regulate  the  sale  of  goods  at^^  in««ict«cut. 
public  vendue,  and  to  repeal  all  laws  heretofore  made  for 
that  purpose/*'  and  all  offencesagainst  the  same  may 
be  prosecuted  by  indictment  or  information,  in  any 
Court  of  Record  competent  to  try  the  same. 

Sec.  2.  Be  it  further  enacted.  That  the  tenants,  or 
occupants  of  any  house  or  store,  having  the  actual  pos- 
session  and  coutrol  of  tlie  same,  who  shall  knowingly 
permit  or  allow  any  person  or  persons,  not  being  licen- 
sed as  in  the  said  act  prescribed,  to  sell  any  goods  oi"  S^f  ^'^  ""^ 
chattels  at  Public  Vendue,  or  outcry  in  his  said  house 
or  store,  or  in  any  apartment  or  yard  appurtenance  to 
the  same,  shall  forfeit  and  pay  a  sum  not  exceeding  six 
hundred  dollars,  nor  less  than  one  hundred  dollars,  to 
be  recovered  in  an  action  of  debt,  or  by  indictment  or  in- 
formation, in  any  Court  of  Record  competent  to  try  the 
same,  and  to  be  appropriated  to  the  use  of  the  complainant. 
[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.   XLVII. 

An  Act  to  provide  for  the  safe  keeping  of  Gun-pov/der 
in  the  town  of  Roxbury. 

Sec.  1.  jtiE  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  fi^ce  where 
of  August   next,  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 
41 


SM  GUN-POWDER  IN  ROXBURY.    June  i%  1814^. 

thing  whatever,  within  the  town  of  Roxbury,  except  in 
a  public  powder-house  in  said  town,  Gun-powder  in 
any  quantity  exceeding  five  pounds,  in  any  w  ay  or  man- 
Provisa.  j^g^,^  otherwise  than  as  by  this  act  is  permitted  :  Provi- 
ded nevertheless,  That  nothing  in  this  act  shall  be  con- 
strued to  operate  as  a  prohibition  to  the  transporting  of 
Gun-pow  der  through  the  town  of  Roxbury  aforesaid,  or 
to,  or  from  the  public  magazine  in  said  town,  from  or 
into  any  part  of  this  Commonweal tli. 

Sec.  3.  Be  it  further  enacted,  That  no  merchant  or 
Vessels,  stall  privatc  armed  vessel,  on  board  of  which  Gun-powder 
two  h.mihed""  ^liall  bc  laden  in  quantity  exceeding  twenty-five  pounds, 
yards  of  any    shall  lav  withiu  two  huudred  yards  of  any  wharf  within 

wharf.  •  1   i      "^ 

said  town. 

Sec.  3.  Be  it  further  enacted.  That  all  Gun-powder 
found  w  ithiu  the  said  town  of  Roxbury,  contrary  to  the 
May  be  seized,  provisloii  of  tliis  act,  shall  be  forfeited,  and  may  be  seized 
by  any  one  or  more  of  the  fire-wards  of  said  town  ;  and 
it  shall  be  the  duty  of  such  fire-ward  or  fire-wards,  with- 
in twenty  days  after  such  seizure,  to  file  a  libel  in  the 
Clerk's  Office  of  the  Circuit  Court  of  Common  Pleas^ 
for  the  Southern  Circuit,  in  the  county  of  Norfolk,  sta- 
ting the  case  of  such  seizure,  and  praying  for  a  decree 
of  forfeiture  ;  and  the  Judges  of  said  Court  shall  have 
power  to  hear  and  determine  the  cause  by  a  jury,  where 
there  is  a  claimant,  but  without  a  jury,  if  upon  procla- 
mation no  claimant  appear,  and  to  decree  the  forfeiture 
and  disposition  of  such  property  according  to  law  ;  and 
may  decree  a  sale  and  distribution  of  the  proceeds,  first 
deducting  all  charges  ;  and  if  such  libels  be  not  support- 
ed, restitution  of  the  property  shall  be  decreed  without 
costs  ;  but  if  a  claimant  appear,  and  disputes  the  for- 
feiture, and  said  Gun -powder  shall  be  finally  decreed 
Ibrfeited,  such  claimant  shall  pay  all  costs  of  prosecu- 
tion, which  may  have  legally  arisen  thereon. 

Sec.  "i;.  Be  it  further  enacted,  That  all  such  Gun- 
powder so  forfeited,  shall  be  forfeited  one  third  part 
thereof  to  the  use  of  the  Commonwealth,  one  tliird  part 
to  the  use  of  the  fire-ward  or  fire-wards  making  such 
^'To  bckepr^^^^^^'^''  ^^^  ^^^^  third  part  to  the  use  of  the  poor  of  the 
said  town  of  R  oxbury  :  Provided  always.  That  it  shall 
and  may  be  lawful  for  any  person  or  persons,  to  keep  in 


COURT  OF  SESSIONS.  June  i%  1814.  5^5 

his  or  their  house,  wai*e-honse  or  shop,  for  sale  hy  retail, 
any  quantity  of  Grim-powder,  not  exceeding  twenty-five 
pounds  in  the  whole  j  Provided,  The  same  be  constant-  Provrw 
ly  kept  in  copper,  brass,  or  tin  cannisters,  closely  cover- 
ed with  copper,  brass,  or  tin,  and  not  otherwise. 

Sec.  5.  Be  it  further  enacted  J  That  if  any  Gun-pow- 
der shall  be  found  in  the  town  of  Roxbury  aforesaid, 
contrary  to  the  provisions  of  this  act,  the  owner  or  own- 
ners  of  the  same,  or  other  person  or  persons  in  whose  Penalty  for 
possession  it  shall  be  found,  besides  the  forfeiture  afore-  ^•^^»'=''  °f  ^'=^- 
said,  shall  forfeit  and  pay  forty  cents  for  every  pound 
of  such  Gun-powder,  one  moiety  thereof  to  the  use  of 
the  poor  of  said  town  of  Roxbury,  and  the  other  moiety 
to  the  use  of  him  or  them  wlio  shall  sue  for  the  same  ; 
w  hich  forfeiture  of  forty  cents  may  be  be  recovered  by 
action  of  the  case,  in  any  Court  proper  to  try  the  same.  Firewardsmay 

Sec.  6.  Be  it  further  enacted,  That  it  shall  and  raay^"'^'^''"''^'^^ 
be  lawful  for  any  one  or  more  of  the  fire-wards  of  said 
town  of  Roxbury,  to  enter  any  building  or  other 
place  in  said  town  of  Roxbury,  in  the  day  time,  to  search 
for  Gun-powder,  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,  ac- 
cording to  law. 

[A.pproved  by  the  Governor,  June  14,  IS  14.] 


CHAP.  XLVin. 

An  Act  fixing  the  times  and  "places    for  holding  the 
Courts  of  Sessions  in  the  county  of  York. 

Sec.  1.  JL3'Et  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  ])assing 
of  this  act,  the  Court  of  Sessions  within  and  for  the  rime?  nmipivi- 
county  of  York,  shall  be  holden  at  Alfred,  on  the  Mon-  "*  ^'"^  hMiu'g 
day  next  preceding  the  second  Tuesday  in  September, 
and  at  York  on  the  Monday  next  preceding  the  third 
Tuesday  in  April  annually  ;  and  that  all  Actions,  Suits, 
Bills,  Appeals,  Plaints,  Informatioas,  Recognizances, 


^36  NAMES  ALTERED.  June  i%  1814 

and  other  things  whatsoever,  now  pending  by  continu- 
ance, appeal  or  otherwise,  or  which  may  be  hereafter 
commenced  to  be  heard  at  said  Court,  shall  have  day  in, 
be  acted  upon,  heard  and  tried  at  the  times  and  places 
aforesaid,  and  not  otherwise. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  hereto- 
fore made,  fixing  tlie  times  and  places  for  holding  the 
Actiroeakd.  ^^^^1"*^^  of  Sessioiis,  in  the  County  of  York,  inconsistent 
with  the   provisions  of  this   act,  be,  and  the  same  are 
hereby  repealed. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  XLIX. 

An  Act  to  alter  and  change  the  names  of  certain  persons 
therein  mentioned. 


Persons' names 


\^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,  Charles  Adams  of  Boston  in  the  county  of 
\tevtd!  .«...-=  Suffolk,  son  of  Elijah  Adams,  of  Medfield,  in  the  county 
of  Norfolk,  shall  be  allowed  to  take  the  name  of  Charles 
Jeremiah  A.dams  ;  that  Welcome  Eager  of  Boston  afore- 
said, merchant,  shall  be  allowed  to  take  the  name  of 
William  Eager ;  that  John  Bradford  of  said  Boston,  son 
of  William  B.  Bradford  of  the  same  place,  shall  be  al- 
lowed to  take  the  name  of  John  Rufus  Bradford  ;  that 
George  Doanc  of  the  same  Boston,  shall  be  allowed  to 
take  the  name  of  George  Bartlett  l)oanc  ;  that  William 
Couillard  Stodderd  of  Salem,  in  the  county  of  Essex, 
trader,  son  of  Ebed  Stedderd,  of  tlic  same  Salem,  shall 
be  allowed  to  take  tlie  name  of  Ebeuezer  Couillard  Stod 
derd  ;  that  John  Babbidge,  Jun.  of  Salem  aforesaid, 
mariner,  shall  be  allowed  to  take  the  name  of  John  Lau- 
rens Babbidge  ;  that  John  Osgood,  Jun.  of  the  same  Sa- 
lem, manner,  shall  be  allowed  to  take  the  name  of  John 
Babbidge  Osgood ;  that  William  Low  of  Salem  aforesaid, 
a  minor,  and  son  of  David  Low,  late  of  Haverhill,  in 
said  county,  deceased,  shall  be  allowed  to  take  the  name 


TAX  ON  BANKS.  June  i%  1814.  537 

of  William  Henry  Low  ;  that  Jomi  Browne,  the  sixth, 
of  said  v'^alem,  son  of  Edward  Browne  of  the  same  place, 
shall  be  allowed  to  take  the  name  of  Edward  John  Browne ; 
tliat  John  Clarke,  of  Wartertown,  in  the  county  of  Mid- 
dlesex, son  of  Thomas  Clarke,  Esq.  of  the  same  town, 
shall  be  allowed  to  take  the  name  of  John  Henry  Clarke  ; 
that  Joseph  Tufts,   the  third  of  Charlestown,  in  said 
county  of  Middlesex,  son  of  Beacon  Amos  Tufts  of  the 
same  place,  shall  be  allowed  to  take  the  name  of  Joseph 
Frothingham  Tufts  ;  that  Jesse  Harlow  Torrey,  of  Ply- 
mouth, in  the  county  of  Plymouth,    merchant,  shall  be 
allowed  to  take  the  name  of  Harlow  J.  Torrey  ;  that 
Thomas  Damon  of  Truro,  in  the  county  of  Barnstable, 
shall  be  allowed  to  take  the  name  of  William  Frederick 
Josiah  Damon  ;  that  Walter  Johnson,  2d,  of  Leominster, 
in  the  county  of  Worcester,  shall  be  allowed  to  take  the 
name  of  Walter  Bogers  Johnson ;  that  Obadiah  Burn- 
ham,  a  minor,  and  son  of  Josiah  Burnham,  of  Durham, 
in  the  county  of  Cumberland,  shall  be   allowed  to  take 
the  name  of  George  Burnham  ;  that  Scott  Wilkinson,  of 
Thomastown,  in  the  county  of  Lincoln,  attorney  at  law, 
shall  be  allowed  to  take  the  name  of  Samuel  Scott  Wil- 
kinson.    And  the  several  persons  before    mamed,  from 
the  time  of  the  passing  of  this  act,  shall  be  called  and 
known  by  the  names,  which  by  this  act  they  are  respec- 
tively allowed  to  take  and  assume  as  aforesaid  ;  and  the 
said  names  shall  forever  hereafter  be  considered,  as  their 
only  proper  and  legal  names,  to  all  intents  and  purposes. 
[ Approved  by  the  Governor,  June  11, 1814.] 


CHAP.  L.  X 

An  Act  in  addition  to  the  several  acts  imposing  a  tax  on 

Banks. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Rejyvesentatwes  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  whereas  by  an  act  passed ^^^ '*^^^"''' 
on  the  twenty-eighth  day  of  February  last,  all  Banking 
Corporations  then  in  operation,  or  which  should  there- 
after  come    into   operation,    were  required  to   pay    a 


538 


TAX  ON  BANKS. 


June  14,  1814!. 


Proviso. 


Proviso, 


Statement. 


tax  to  this  Commonwealtli  of  oue  half  of  one  per  cent, 
within  ten  days  after  the  first  Mondays  of  April  and  Oc- 
toher  annually,  on  the  amount  of  the  capital  stock  actu- 
ally paid  in  on  the  said  days,  although  said  amount 
should  not  have  been  paid  in  for  the  full  term  of  six 
months  then  next  preceding  ;  in  lieu  thereof  said  Bank- 
ing Corporations  are  hereby  required  to  pay  such  por- 
tion of  said  sura  of  one  half  of  one  per  cent,  on  such  pro- 
portion of  capital  stock  as  shall  not  have  been  paid  in 
for  the  full  term  of  six  months  next  preceding  ; 
as  the  time  from  the  payment  of  such  portion  of  such 
capital  stock,  to  the  day  when  such  payment  of  such 
tax  shall  become  due,  may  bear  to  the  term  of  six 
months.  And  such  Corporations  as  shall  have  been 
required  to  pay,  and  shall  have  actually  paid  the  full 
amount  of  one  half  of  one  per  cent,  which  they  would 
not  have  been  required  to  pay  by  the  provisions  of 
this  act,  shall  have  credit  for  such  excess,  and  the 
Treasurer  of  the  Commonwealth  is  hereby  authorised 
and  required  to  credit  the  same  to  said  Corporations  in 
the  next  payments  of  their  said  tax  which  may  becomti 
due,  and  deduct  such  excess  from  said  payments  :  Pro- 
vided, That  such  Corporations  shall  have  paid  the  in 
several  instalments  of  capital  stock,  at  the  times  required 
by  their  several  acts  of  incorporation ;  And  provided  fur- 
tker,  That  such  Corporations  shall  furnish  the  said 
Treasurer  with  true  abstracts  of  the  amount  of  their  capi- 
tal stock  actually  paid,  and  the  times  when  the  several 
instalments  were  paid  in,  authenticated  by  the  oaths  of 
their  several  Presidents,  and  a  majority  of  their  respec- 
tive Directors. 

Sec.  2.  Whereas  by  an  act  passed  on  the  twenty 
third  of  June,  in  the  year  of  our  Lord  eighteen  hundred 
and  twelve,  all  Banks  within  this  Commonwealth,  which 
should  be  in  operation  on  the  first  day  of  October  then 
next  ensuing,  or  which  should  thereafter  come  into  ope- 
ration, were  required  to  pay  a  tax  of  one  half  of  one  per 
cent,  on  tlie  amount  of  the  capital  stock  actually  paid  in, 
such  tax  to  be  paid  within  ten  days  next  after  each  semi- 
annual dividend,  which  should  be  made  after  said  first 
day  of  Octo1)er ;  by  means  whereof  it  was  the  true  intent 
and  meaning  of  the  said  act,  that  said  tax  should  attach 


lift  for 


ATTLEBORO'  TURN.  COR.  June  14,  1814t  539 

on  such  Banks,  on  the  said  first  day  of  October,  and  the 
first  payment  become  due  and  payable  on  the  first  day 
of  April  next  following  ;  and  whereas  several  Banks 
then  in  operation,  by  their  bye-laws  made  semi-annual 
dividends  at  other  times  than  the  first  day  of  April  and 
October,  by  means  whereof  the  said  payment  of  said  tax 
was  made  at  a  time  earlier  than  was  contemplated  by 
the  Legislature,  and  whereas  by  the  force  and  effect  of 
the  act  abovementioned,  passed  in  February  last,  said 
Banks  were  again  required  to  pay  said  tax  within  ten  days 
after  the  first  Mondays  of  April  and  October  annu- 
ally, although  by  force  of  the  previous  act  aforesaid, 
and  the  operation  of  their  bye-laws,  the  like  tax  has 
been  paid  by  said  Banks  within  a  period  of  six  months 
next  preceding,  by  means  whereof  the  said  Banks  have 
been  required  to  pay  said  semi-annual  tax  twice,  contra- 
ry to  the  true  intent  and  meaning  of  the  Legislature. 
Se  it  therefore  enacted,  That  the  Treasurer  of  this  Com-  xiensurer  mav 
monwealth  be,  and  he  is  hereby  authorized  and  required s'»e  tie 
to  credit  to  any  such  Bank  or  Banks  the  amount  of  tax 
thus  paid  over  and  above  what  they  would  have  been  re- 
quired to  pay  by  the  provisions  of  this  act,  and  to  allow 
the  sum  in  the  next  payment  or  payments  of  said  tax, 
which  may  become  due  from  such  Banks  by  the  existing 
laws. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  LL 

An  Act  to  establish  the  Wrentham  and  Attleborougli 
Turnpike  Corporation. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  David  Fisher,  jun.  Samuel  pe^so,,,  i^g^,^. 
Day,  Timothy  Whiting,  John  Fales,  Royal  Peck,  El-  I'oraieti. 
kanah  Whiting,  Paul  Fisher  and  Cornelius  Kollock, 
together  with  such  others  as  may  associate  with  them, 
their  successors  and  assigns,  shall  be  a  Corporation,  by 
the  name  of  The  Wrentham  and  Attleborough  Turnpike 


540  HOLLISTON  CLOTH  MANU.        June  14,  1814 

Corporation,  for  the  purpose  of  making  a  Turnpike -road 
from  the  meetinghouse  in  the  first  parish  in  Wrentham., 
to  the  line  of  Cnmherland,  in  the  state  of  Rhode-Island, 
in  the  most  convenient  place  for  the  public  accommoda- 
Pioviso.  tion,  as  near  a  straight  line  as  is  practicable  :  Provided 
however^  That  it  shall  not  be  made  in  any  place  east  of 
an  air  line  from  the  meeting-house  in  said  first  pa- 
rish in  Wrentham,  to  the  west  side  of  the  dwelling  house 
of  John  Fales,  in  the  west  corner  of  Attleborough  ;  and 
for  this  purpose  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties,  requirements  and  pen- 
alties contained  in  an  act,  entitled  "  An  act  defining  the 
general  powers  and  duties  of  Turnpike  Corporations," 
passed  on  the  sixteenth  day  of  March,  tn  the  year  of  our 
Lord  one  thousand  eight  hundred  and  five. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  LIT. 

All  Act  to  incorporate  the  Holliston  Cloth  Manufactory. 

Sec.  1.  XJE  it  enacted  by  the  Senate  and  House  of 
Uepresentatives  in  General  Court  assembled,  and  by  the 
yr!?"t  '^^'^^'  o.'^^^^^ority  of  the  same,  Tlmt  Elihu  Cutler,  Abner  Morse, 
Timothy  Fisk,  Uriel  Cutler,  David  Fish,  jun.  James 
Wight,  Joseph  P.  Leland,  Nathan  Fairbanks  and 
Ebenezer  P.  Wood,  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  Cloth 
]M  anufactory,  for  the  purpose  of  manufacturing  cloth  at 
Holliston,  in  the  county  of  Middlesex ;  and  for  this  pur- 
pose shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements  contained  in 
an  act  passed  the  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- 


))oiatcd. 


MERRIMACK  BANK.  June  14,  1814.  511 

ceediug  the  value  of  fifty  tliousaiid  dollars,   and  such  \ray  hold  real 
personal  estate,  not  exceeding  the  value  of  one  hundred  f'  personal 
thousand  dollars,  as  may  be  necessary  and  convenient 
for  establishing   and  carrying  on  the  manufacture  of 
cloth  at  HoUiston  aforesaid. 

[Approved  by  the  Governor,  June  14,  1814.] 


CHAP.  LIII. 

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

Sec.  1.    XjE  it  exacted  by  tJie  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same^  That  Charles  White,  David  Howe,  "'fj,*""*.'"'^"^" 
jr.  Leonard  White,  Daniel  Haddock,  Robert  B.  Willis, 
Bailey  Bartlett,  James  How,  James  Duncan,  inn.   Peter 
Osgood,  Thomas  R.  Appleton,  Moses  Gale,  jun.  John 
Dow  and  Ebenezer  Gage,  tlieir  associates,   successors 
and  assigns  shall  be,  and  hereby  are  created  a  Corpor- 
ation, by  the  name  of  The   President,    Directors  and 
Company    of  the  Merrimack  Bank,  and  shall    so   con-  ^.     .     , 
tinue  until  the  first  day  of  October,  which  will  be  in  theai^d  10".°'^°'' 
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  im- 
pleaded, defend  and  be  defended,  in  any  Courts  of  Re- 
cord, 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 
regulations,  as  to  them  may  appear  necessary  and  con- 
venient for  the  government  of  said  Coporation,  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  Com- 
monwealth ;  and  the  said  Corporation  shall  be  always 
subject  to  the  rules,  restrictions,  limitations  and  provi- 
sions herein  prescribed. 

Sec.  2.  Be  itfiither  enacted,  That  the  capital  stock  ^"^''""^/j'"«8p- 
of  said  Corporation  shall  consist  of  the  sum  of  one  hun-  of  eacSia're. 
43 


r>43  JMERRIMACK  BANK.  Jwie  14, 1814^ 

tired  thousand  dollars,  in  gold  and  silver,  divided  into 
shares  of  one  hundred  dollars  each,  which  shall  he  paid 
at  four  equal  instalments  ;  the  first  on  the  fifteentli  day 
of  Octoher  next  ;  the  second  on  the  fifteenth  day  of  A- 
pril  next  after  ;  the  third  on  the  fifteenth  day  of  Octo- 
ber next  after  ;  and  tlie  fourth  on  the  fifteen  h  day  of 
April,  which  will  be  in  the  year  of  our  Lord  one  thou- 
sand ei2;ht  hundred  and  sixteen  ;  or  at  such  earlier 
time  as  the  Stockholders  at  any  meeting  thereof  may  or- 
der ;  and  tlie  Stockholders,  at  their  first  meeting,  by  a 
majority  of  votes,  may  determine  the  mode  of  transfer- 
ring and  disposing  of  said  stock  and  the  profits  thereof, 
whieli,  being  entered  in  the  books  of  said  Corporation, 
shall  be  binding  on  the  Stockholdery,  their  successors 
and  assigns,  until  they  shall  otherwise  determine  ;  and 
the  said  Corporation  are  hereby  made  capable  in  law  to 
have,  hold,  purchase,  receive,  possess,  enjoy  and  retain 
to  them,  iheir  successors  and  assigns,  lands,  rents,  tene- 
ments and  hereditaments,  to  the  amount  of  ten  thousand 
dollars,  and  no  more  at  any  one  time,  with  power  to  bar- 
gain, sell  and  dispose  of  the  same  ;  and  to  loan  and  ne- 
gotiate, their  monies  and  efi'ects,  by  discounting  on 
banking  principles,  on  such  security  as  they  shall  think 

Proviso.  adviseable  ;  Provided  hoivever,  That  nothing  herein 
contained,  shall  restrain  or  prevent  said  Corporation 
from  taking  and  holding  real  estate  in  mortgage,  or  on 
execution,  to  auy  amount,  as  security  for  or  in  payment 
of  any  debts  due  to  the  said  Corporation  :  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  subscrihed  and  actu- 
ally paid  in,  and  existing  in  gold  and  silver  in  their 
vaults,  shall  amount  to  twenty-five  thousand  dollars. 

Sec.  3.  Be  it  further  enacted^  That  the  rules,  limi- 
tations and  provisions,  which  are  provided  in  and  by 
the  third  section  of  an  act,  entitled  ''  An  act  to  incorpo- 
rate the  President,  Directors  and  Company  of  the  State 
Bank,"  shall  be  binding  on  the  Bank  hereby  establish- 

Piuviso,  ed  :  Froviedj  That  the  bond  required  to  be  given  by 

the  Cashier,  shall  be  given  in  the  penalty  of  ten  thou- 
sand dollars  ;  that  tlie  number  of  Directors  to  be  annu- 
ally chosen  shall  be  seven,  and  four  may  constitute  a 
quorum  for  the  transaction  of  business  :  And  provided 


MERKIMACK  BA.NR.  June  lli,  1814.  «43 

algo,  That  the  amount  of  bills  at  any  one  time  issued 
from  said  Bank,  shall  not  exceed  iifty  per  cent  beyond 
their  capital  stock  actually  paid  in. 

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

Sec.  5.  Be  it  further  enacted^  That  any  Committee 
especially  appointed  by  the  Legislature  for  the  purpose, 
shall  have  a  right  to  examine  into  the  doings  of  sai<!  j  ,,,,,1,,;^,, 
Corporation^    and  shall  have  free    access  to    all  their cimmineomaj 

1        /  1  1,  1    'f  1  -J.'  exsn.ine  books, 

books  and  vaults  ;  and  ii  upon  such  an  examination, v^c. 
it  shall  be  found,  and  after  a  full  hearing  of  said  Cor- 
poration 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  in- 
corporation may  theieupon  be  declared  forfeited  and 
void. 

Sec.  6.  Be  it  further  enacted.  That  the  persons  here- 
in before  named,  or  any  three  of  them,  are  authorised  to 
call  a  meetins;  of  the  Members  and  Stockholders  of  said  J,'5""  '"^''* 
Corporation,  as  soon  as  may  be,  at  such  time  and  place 
as  they  may  see  fit  to  appoint,  by  advertising  the  same  for 
three  weeks  successively  in  the  Merrimack  Intelligen- 
cer, printed  in  the  town  of  Haverhill,  for  tlie  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  Stock- 
holders shall  deem  necessary,  and  for  the  choice  of  the 
first  Board  of  Directors,  and  such  other  officers  as  they 
may  see  fit  to  choose. 

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  thesftem-jntot 
time  being,  once  in  six  months  at  least,  and  as  much  "'*^°"''^*" 
oftener  as  they  may  require,  accurate  and  just  statements 
of  the  amount  of  the  capital  stock  of  said  Corporation, 
and  of  debts  due  to  the  same  ;  of  the  monies  deposited 
therein  ;  of  the  notes  in  circulation  ;  and  of  the  gold,  sil- 
ver  and  copper  coins,  and  of  the  bills  of  otlier  Banks  ou 
hand ;  which  statements  shall  be  signed  by  the  Directors, 
and  attested  by  the  Cashier,  and  shall  be   verified  by 
oaih  or  affirmation  before  some  person  competent  to  ad-' 
minister  the  same. 


544  MERRIMACK  BANK.  June  14,  1844, 

Sec.  8.  Be  it  further  enacted,  That  tbe  said  Corpo- 
ration shall  be  liable  to  pay  to  any  bona-fide  holder,  the 
SrSirnoiTs!""  oi'iginal  amount  of  any  note  of  said  Bank,  counterfeited 
or  altered,  in  the  course  of  its  circulation,  to  a  larger  a- 
mount,  notwithstanding  such  alteration. 

Sec.  9.  Be  it  further  enacted,  That  the  said  Corpora- 
S'thl^Treasw-^^"^  ^^^^^^  withiu  tcu  days  after  the  first  Mondays  ofOc- 
er.  tober  and  April  annually,  pay  to  the  Treasurer  of  this 

Commonwealth,  for  the  use  of  the  same,  a  tax  of  one 
half  of  one  per  cent,  on  the  amount  of  such  part  of  their 
stock  as  shall  have  been  actually  paid  in  by  the  Stock- 
Pron?Q.  holders  :  Provided  hoicever,  That  the  same  tax,  paya- 
ble in  manner  aforesaid,  sliall  be  required  by  the  Legis- 
lature of  all  Banks  that  are  now  or  shall  be  hereafter 
incorporated  within  this  Commonwealth  ;  Jlnd  provided 
further,  That  nothing  herein  shall  be  construed  to  im- 
pair the  right  of  the  Legislature  to  lay  a  tax  on  any  Bank 
already  incorporated  under  tJie  authority  of  this  Com- 
monwealth, when  they  may  see  fit  so  to  do. 

Sec.  10.  Be  it  further  enacted,  That  one  tenth  part 
Amount  to  be  of  tlic  wliole  funds  of  said  Bank  shall  always  be  appro- 
ban^''"*' ^  ^°  printed  to  loans  to  be  made  to  citizens  of  this  Common- 
wealth, and  wherein  the  Directors  shall  wholly  and  ex- 
clusively regard  the  agricultural  and  manufacturing  in- 
terest ;  which  loans  shall  be  made  in  sums  not  less  than 
one  hundred  dollars,  and  not  more  than  five  hundred 
dollars,  and  u])on  the  personal  bond  of  the  borrower, 
with  collateral  security  by  a  mortgage  of  real  estate,  to 
the  satisfaction  of  the  Directors  of  said  Bank,  for  a  term 
not  less  than  one  year,  and  on  condition  of  paying  the 
interest  annually  on  such  loans,  subject  to  such  forfeit- 
ures and  rights  of  redemption  as  is  by  law  provided  in 
other  cases. 

Sec.  M.  Be  it  further  enacted,  That  whenever  the 
Shall  loan  to  Legislature  shall  require  it,  the  said  Corporation  shall 
weaUhr"'""  \o^ia  to  the  Commonwealth  any  sum  of  money  which 
may  be  required,  not  exceeding  ten  per  centum  of  the 
amount  of  the  capital  stock  actually  paid  in,  at  any  one 
time,  reimbursable  by  five  annual  instalments,  or  at  any 
shorter  period  at  the  election  of  the  Commonwealth,  with 
the  annual  payment  of  interest  at  the  rate  of  five  per 
centum  per  annum  :  Frovided  however^  That  the  Com- 


COMMON.  DISTRICTED.  June  14,  1814?.  515 

monwealth  sliall  never  stand  indebted  to  said  Corpora- 
tion, without  their  conseut,  for  a  larger  sum  than  twenty 
per  centum  of  the  capital  stock  actually  paid  in. 
[Approved  by  the  Governor,  June  14^1814.] 


CHAP.  LIV. 

An  Act  to  divide  the  Commonwealth  into  Districts  for 
the  choice  of  Representatives  in  the  Congress  of  the 
United  States,  and  prescribing  the  mode  of  election. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Ixcjjresentatv'es  in  General  Court  assembled,  and  bij  the 
authority  of  the  same,  That  this  Commonwealth  be,  and. 
it  liereby  is  divided  into  Twenty  Districts,  as  in  tliis  actCommonweRkh 
defined  and  described,  for  the  purpose  of  choosing  Re- ''"'''"^^'^' 
prescntatives  to  represent  this  Commonwealth  in  the 
Congress  of  the  United  States,  after  the  present  Con- 
gress ;  in  eacli  of  which  Districts  one  Representative, 
being  an  inhabitant  of  the  District  for  which  he  shall  be 
elected,  shall  be  chosen  in  the  manner  herein  after  de- 
scribed. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Twenty 
Districts  sliall  be  formed  and  limited  in  manner  follow- 
ing— That  is  to  say  : 

The  towns  in  the  county  of  Suffolk,  together  witli  the  Towns  fotming 
towns  of  Maiden  and  Stoneham  in  the  county  of  Mid-  <''«"'*=^= 
dlesex,  shall  constitute  one  District,  to  ])e  called  Suf- 
folk District. 

The  towns  of  Salem,  Beverly,  Wenham,  Gloucester, 
Manchester,  Danvers,  Marblehead,  Lynn  and  Lynn- 
field  in  the  county  of  Essex,  shall  form  one  district,  to 
be  called  Essex  South  District. 

The  towns  and  districts  in  the  county  of  Essex,  not 
included  in  Essex  South  District,  together  with  the  town 
of  South  Reading  in  the  county  of  Middlesex,  shall 
constitute  one  district,  to  be  called  Essex  North  Dis- 
trict. 

The  towns  and  districts  in  the  county  of  Middlesex, 
excepting  the  towns  of  .\shby,  Townsciid,  Shirley,  Pep- 


§m  COMMON.  DISTRICTED.  June  14, 1814. 

pcrell,    Stow,    I5oxl)orougli,  South  Reading,   Maiden, 
Stoneham,    Holliston,    Sherburne,    Natick,     Newton, 
IsSs['""""'"^Framinghara,  Brighton  and  Hopkinton,  shall  constitute 
one  district,  to  be  called  Middlesex  District. 

Tlie  towns  and  districts  in  the  county  of  Hampden, 
together  with  the  towns  of  Ware,  Belchertown,  Granby, 
South  Hadley,  Hadley,  North  Hampton,  West  Hamp- 
ton, South  Hampton,  East  Hampton,  Norwich,  and 
Worthington  in  the  county  of  Hampshire,  shall  consti- 
tute one  district,  to  be  called  Hampshire  South  District. 

The  towns  and  districts  in  the  county  of  Hampshire, 
excepting Middlefield,  not  included  in  Hampshire  South 
District,  together  with  the  towns  and  districts  in  the 
county  of  Franklin,  shall  constitute  one  district,  to  be 
called  Hampshire  North  District. 

The  towns,  districts  and  plantations  in  the  county  of 
Berkshire,  together  with  the  town  of  Middlefield  in  the 
county  of  Hampshire,  shall  constitute  one  district,  to  be 
called  Berkshire  District. 

The  towns  and  districts  in  the  county  of  Plymouth, 
shall  constitute  one  district,  to  be  called  Plymouth  Dis- 
trict. 

The  towns  and  districts  in  the  counties  of  Barnstable, 
Nantucket  and  Dukes'  County,  together  with  the  town 
of  New-Bedford,  in  the  county  of  Bristol,  shall  consti- 
tute one  district,  to  be  called  Barnstable  District. 

The  towns  and  districts  in  the  county  of  Bristol,  ex- 
cepting tlie  town  of  New-Bedford,  together  with  the 
towns  of  Stoughton,  Sharon,  and  Foxborough  in  the 
county  of  Norfolk,  shall  constitute  one  district,  to  be  cal- 
led Bristol  District. 

The  following  towns  and  districts  in  the  county  of 
Worcester,  viz.  :  Northborough,  Worcester,  Shrews- 
bury, Paxtou,  Oakham,  New-Braintree  and  Hardwick, 
and  all  the  towns  south  of  them  in  the  county  of  Wor- 
cester, together  with  the  town  of  Hopkinton  in  the  coun- 
ty of  Middlesex,  shall  form  one  district,  to  be  called 
Worcester  South  District. 

The  towns  and  districts  in  the  county  of  Worcester, 
not  included  in  Worcester  South  District,  together  with 
the  towns   of  Ashby,  Townsend,  Sliirlcy,  Pepperell, 


COMMON.  DISTRICTED.  June  i%iSi4>.  547 

Stow,  and  Boxborough  in  the  county  of  Middlesex,  shall 
form  one  district,  to  be  called  Worcester  North  Dis- 
trict. 

The  towns  and  districts  in  the    county    of  Norfolk,  ^.^^^.^^  (^raunz 
excepting   the  towns  of   Stoughton,  Sharon  and  Fox-  ciisuict* 
borough,  together  with  the  towns  of  IloUiston,  Sher- 
burne, Natick,  Newton,  Brighton,  and  Framingham  in 
the  county  of  Middlesex,   shall  form  one  district,  to  be 
called  Norfolk  District. 

The  towns,  districts  and  plantations  in  the  county  of 
York,  excepting  the  towns  of  Buxton,  Limington,  Corn- 
ish and  Parsonsfield,  shall  constitute  one  district,  to  be 
called  the  First  Eastern  District. 

The  following  towns,  districts  and  plantations  in  the 
county  of  Cumberland,  to  wit,  Portland,  Falmouth, 
Westbrook,  North- Yarmouth,  Scarborough,  Cape-Eli- 
zabeth, Gorham,  Gray,  Windham,  New-Gloucester,  Pe- 
jepscot,  Freeport,  Pownal,  JBrunswick,  Durham  and 
Harpswell,  shall  constitute  one  district,  to  be  called  the 
Second  Eastern  District. 

The  following  towns  in  the  county  of  Lincoln,  to  wit, 
Topsham,  Bath,  Georgetown,  Phippsburg,  Boothbay, 
Woolwich,  Wiscasset,  Edgcomb,  New-Castle,  Noble- 
borough,  Alna,  Bristol,  Waldoborough,  Warren,  Tho- 
mastown,  Cushing,  Friendship,  St.  George  and  Cam- 
den, together  with  the  towns  of  Isleborough,  Vinalha- 
ven,  Deer-Isle,  Northport,  and  Lineolnville  in  the 
county  of  Hancock,  shall  constitute  one  district,  to  be 
called  the  Third  Eastern  District. 

The  counties  of  Washington  and  Hancock,  excepting 
the  towns  of  Isleborough,  Vinalhaven,  Deer-Isle,  North- 
port,  and  Lineolnville  in  the  county  of  Hancock,  shall 
form  one  district,  to  be  called  the  Fourth  Eastern  Dis- 
trict. 

Those  towns  and  plantations  in  the  county  of  Lincoln, 
which  are  not  included  in  the  Third  Eastern  District, 
together  with  the  towns  of  Pittston,  Gardiner,  Hallo- 
well,  Augusta,  Green,  Leeds,  Monmouth,  Winthrop, 
lieadfield,  Wayne,  Fayette,  and  Malta  in  the  county 
of  Kennebeck,  shall  forni  one  district,  to  be  called  the 
Fifth  Eastern  District. 


5iS  COMMON.  DISTRICTEU.  June  14,  1814. 

Those  towns  and  plantations  in  the  county  of  Ken- 
nebeck,  which  are  not  iucliidcd  in  the  Fifth  Eastern 
District,  together  witli  the  towns  and  districts  in  the 
county  of  Somerset,  shall  form  one  district,  to  be  called 
the  Sixth  Eastern  District. 

The  towns,  districts  and  plantations  in  the  counties 
of  York  and  Cumberland,  which  are  not  included  in 
the  First  and  Second  Eastern  Districts,  together  with 
the  towns,  districts  and  plantations  in  the  county  of  Ox- 
ford, shall  form  one  district,  to  be  called  the  Seventh 
Eastern  District. 

Sec.  3.  Be  it  further  enacted.  That  the  Selectmen 
Sewt.nen  cm-of  thc  sevcral  tow  US  and  districts  within  this  Common - 
loJi!  'jiieciiu^'s  wealth,  shall  in  manner  as  the  law  directs  for  calling 
town  meetings,  cause  the  inhabitants  of  their  respective 
towns  and  districts,  duly  qualified  to  vote  for  Represen- 
tatives in  the  General  Court  of  this  Commonwealth,  to 
assemble  on  the  first  Monday  of  November  biennially, 
beginning  in  November  next,  to  give  in  their  votes,  for 
their  respective  Representatives,  to  the  Selectmen,  wlio 
xucii'.  "^  ^"^ '  shall  preside  at  said  meetings,  and  the  Selectmen,  or 
the  major  part  of  them,  shall,  in  open  town  meeting, 
sort  and  count  the  votes,  and  shall  form  a  list  of  the 
names  of  the  persons  voted  for,  with  the  number  of  votes 
for  each  person,  written  in  words,  at  length,  against 
his  name  ;  and  the  Town  Clerk  shall  make  a  record 
thereof,  and  tlie  Selectmen  shall,  in  such  meeting,  make 
public  declaration  of  the  persons  voted  for,  and  of  the 
number  of  votes  they  respectively  have,  and  shall,  in 
open  town  meeting,  seal  up  the  said  list,  certified  by  the 
Selectmen,  and  express  upon  the  outside  of  the  said  list, 
the  district  in  which  the  votes  were  given,  and  shall 
transmit  the  same,  within  fourteen  days  next  after  such 
meeting,  to  the  Secretary  of  the  Commonwealth,  or  to 
the  Sheriff  of  tlie  connty  in  which  such  town  or  district 
lies,  who  shall  transmit  the  same  to  the  Secretary  of  the 
Commonwealth,  within  forty  days  next  after  the  time  of 
holding  such  meeting  ;  and  the  Secretary  shall  lay  the 
same  before  the  Groveruor  and  Council ;  and  in  case  of 
an  election  for  any  district,  by  a  majority  of  the  votes 
returned  from  such  district,  the  Governor  shall  forth- 
with transmit  to  the  person  so  chosen;  a  certificate  of 


COMMON.  DISTRICTED.  June  14,  1814.  549 

such  choice,  signed  by  the  Governor  and  countersigned 
by  the  Secretary  :  And  the  Selectmen  of  such  towns 
and  districts  as  lie  within  any  county  in  which  there 
may  be  no  Sheriff,  shall  return  such  list  to  the  Secreta- 
ry's oflBce,  within  the  same  term  of  time  as  Sheriffs  are 
required  to  do. 

Sec.  4.  Be  it  further  enacted,  That  in  case  no  person 
shall  be  chosen  by  a  majority  of  all  the  votes  returned        -tk'ttl' 
from  any  district,  the  Governor  shall  cause  precepts  to  Governor  tolT 
issue  to  the  Selectmen  of  the  several  towns  and  districts'"^  ^'^^*'^^^** 
within  such  district,  directing  and  requiring  such  Se- 
lectmen to  cause   the   inhabitants  of  their   respective 
towns  and  districts,  qualified  as  aforesaid,  to  assemble 
as  aforesaid,  on  a  day  in  such  precept  to  be  appointed, 
to  give  their  votes  for  a  Representative  in  Congress 
as  aforesaid,  which  precept  shall  be  accompanied  with 
a  list  of  persons  voted  for  in  such  district,  shewing  the 
nnmber  of  votes  for  each  person,  according  to  the  first 
return;  and  the  same  proceedings  shall  be  had  thereon 
in  all  respects  as  before  directed  in  this  act ;  and  the 
Sheriff  shall  make  return  thereof  into  the  Secretary's  sheriff shaiire^ 
office  on  or  before  such  day  as  the  Governor  shall  ap-  ^'^f"  ''**^' 
point  in   such  precept.     And  the  Selectmen  of  such 
towns  and  districts,  as  lie  within  any  county  in  which 
there  may  be  no  Sheriff,  shall  return  such  lists  to  the 
Secretary's  office,   within  ths  same  term  of  time  as 
Sheriffs  are  required  to  do  ;  and  the  Secretary  shall  lay 
the  lists  so  returned  to  his  office  before  the  Governor 
and  Council,  and  the  Governor  shall  cause  the  person 
or  persons  who  shall  be  chosen  as  aforesaid,  to  be  noti- 
fied thereof ;  and  like  proceedings  shall  be  again  had  in 
ease  any  district  shall  fail  of  completing   the  choice  of 
its  Representative,   and  the  Governor  shall  issue  his 
precept  accordingly,  to  the  Selectmen  of  those  tov/ns 
and  districts,  or  such  districts  wherein  the  choice  of 

(Representatives  shall  not  have  been  made  ;  and  like 
proceedings  shall  be  had  as  often  as  occasion  may  re- 
quire. 

Sec.  5.  Be  it  further  enacted.  That  whenever  any 
vacancies   shall  happen  in  the  representation   of  this  Jl;'^*"*^  *° ''^ 
Commonwealth  in  the  Congress  of  the  United  States, 
|b  the  Governor  shall  cause  precepts  to  issue  to  the  Se- 
m  43 


55D 


COMMON.  DISTRICTED. 


June  i'iy  1814:, 


m. 


Di.ly  ofShet 
iffi. 


Fi'ovisb. 


J-ine  and  I'oi-- 
ftiture. 


lectmen  of  the  several  towns  and  districts,  within  any 
district  in  wliich  such  vacancy  may  happen,  directing 
and  requiring  them  to  cause  the  inhabitants  of  their  re- 
spective towns  and  districts  to  assemble,  on  a  day  in 
such  precept  to  be  appointed,  to  give  in  their  votes  for 
a  Representative  to  supply  such  vacancy ;  and  like 
proceedings  shall  from  time  to  time  in  all  respects  be 
had,  as  are  herein  before  provided. 

Sec.  6.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  several  Sheriffs  of  the  several  counties  of 
the  Commonwealth,  on  receiving  copies  of  this  act,  or 
any  precept  from  the  Governor  for  the  purpose  herein 
mentioned,  to  transmit  the  same  seasonably  to  the  Se- 
lectmen of  the  several  towns  and  districts,  and  to  the 
Assessors  of  the  several  districts  and  plantations  where 
there  may  be  no  Selectmen,  witliin  their  respective 
counties,  to  whom  such  copies  or  precepts  may  be  re- 
spectively directed.  And  the  several  Sheriffs  shall  for 
the  said  service  be  entitled  to  receive,  out  of  the  treasu- 
ry of  this  Commonwealth,  fifty  cents  for  each  of  the 
copies  and  of  the  precepts  so  by  them  distributed  to  the 
Selectmen  of  the  towns  and  districts,  and  to  the  Assess- 
ors of  the  districts  and  plantations  in  their  counties 
where  there  may  be  no  Selectmen  :  Provided  however. 
That  no  Sheriff  who  shall  neglect  seasonably  to  trans- 
mit  all  and  every  of  the  copies  and  precepts  by  him  re- 
ceived in  manner  aforesaid,  shall  be  entitled  to  auy^ 
compensation  for  distributing  any  of  such  copies  or  pre- 
cepts ;  and  for  returning  the  votes  from  all  the  towns 
within  the  respective  counties,  which  may  be  season- 
ably delivered  to  him  as  aforesaid,  each  Sheriff  shall 
be  entitled  to  receive  seventeen  cents  per  mile,  comput- 
ing from  the  place  of  abode  of  each  Shei'iff  to  the  Sec- 
retary's office  ;  and  in  either  case  the  Sheriffs  shall  pre- 
sent their  accounts  to  the  committee  on  accounts  for  ex- 
amination and  allowance.  "^ 

Sec.  7.  Be  it  further  enacted,  That  any  Sheriff  who 
shall  neglect  to  perform  the  duties  which  by  this  act  he 
is  directed  to  perform,  shall,  for  each  neglect,  forfeit 
and  pay  a  sum  not  exceeding  two  thousand,  nor  less 
than  two  hundred  dollars,  for  any  such  neglect ;  and  if 
any  Selectmen  sliall  neglect  to  perform  any  of  the  du- 


COMMON.  DISTRICTED.  Jitwe  14,  1814,  551^ 

ties,  which  by  this  act  they  are  required  to  perform, 
eacJi  Selectman  so  neglecting,  shall  forfeit  and  pay  a 
sum  not  exceeding  two  hundred  dollars,  nor  less  than 
thirty  dollars  for  any  such  neglect ;  any  of  the  forfeit- 
ures aforesaid  to  be  recovered  by  indictment  before  the 
Supreme  Judicial  Court,  or  before  any  Circuit  Court  of 
Common  Pleas,  or  before  the  respective  Courts  of  Cora-; 
mon  Pleas,  which  forfeiture  shall  be  to  the  us©  of  the 
Commonwealth. 

Sec.  8.  Be  it  further  enacted^  That  the  Assessors  of 
those  districts  and  plantations  where  there  may  be  no  Po^er  of  As- 
Selectmen,  shall  have  the   same  powers,  and   perform  ^^^^"'^" 
the  same  duties  for  the  purposes  of  this  act,  as  are  here- 
in given  to  or  required  of  Selectmen,  and  shall  incur 
like  penalties  in  case  of  neglect. 

Sec.  9.  Be  it  further  enacted^  That  this  act  shall  be 
construed  to  extend  to  those  plantations  only,    which  Act,  how  fai 
shall  choose  Assessors  to  assess  the  public  taxes,  which  ^^  ^"  '"^' 
shall  be  set  to  such  plantations   in  the  tax.  act  next  pre- 
ceding the  several  elections. 

Sec.  10.  Be  it  further  enacted.  That  this  act,  until  a  How  long  m 
new  apportionment  of  Representatives  among  the  seve  ^°^^^' 
ral  states  shall  be  made,  and  for  the  purpose  of  supply- 
ing any  vacancy  or  vacancies  which  may  happen  in  the 
Representation  of  this  Commonwealth  in  the  Congress  of 
the  United  States,  which  shall  make  such  apportion- 
ments, shall  continue  and  be  in  full  force. 

Sec.  ii.  Be  it  further  enacted^  That  an  act,  entitled  ^ct  repealed 
"An  act  to  divide  the  Commonwealth  into  Districts  for 
the  choice  of  Representatives  in  the  Congress  of  the  Uni- 
ted States,  and  prescribing  the  mode  of  Election,"  passed 
on  the  twenty-eighth  day  of  February,  in  the  year  eigh- 
teen hundred  and  twelve,  be,  and  the  same  hereby  is 
repealed,  excepting  so  far  as  said  act  provides  for  the 
choice  of  any  Representative  or  Representatives  to  fill  • 
any  vacancy  or  vacancies  which  may  occur  before  the 
end  of  the  present  Congress,  and  no  further. 

_[Apprevejd  by  the  Governor;  June  14;,  1814.1 


Persons  ineor- 


052  MINISTERIAL  FUND.  June  14,  1814, 


CHAP.  LV. 

An  Act  to  incorporate  Trustees  of  the  Ministerial  FuuiJ 
of  the  first  Parish  in  York. 

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

Representatives  in  General  Court  assembled,  and  by  the 

^authority  of  the  same.  That  David  Sewall,  Joseph  Brag- 

porated'  " "  clon  aud  Daniel  Sewall,  Esquires,  inhabitants  and 
freeholders  in  the  first  parish  in  York,  be,  and  hereby 
are  made  a  body  corporate,  with  perpetual  succession, 
by  the  name  and  stile  of  "  The  Trustees  of  York  first 
parish  Ministerial  Fund  ;"  and  the  said  Trustees  and 
their  successors  in  office,  shall  have  the  care  and  super- 
intendence of  the  said  fund,  vv^hich  was  voted  and  a- 
greed  upon  by  the  said  parish,  at  a  legal  meeting  of  the 
qualified  voters  thereof,  on  the  first  day  of  December, 
1797  ?  the  said  Trustees  to  give  bond  in  double  the  a- 
mount  of  the  capital  sum  of  said  fund,  at  the  time  of  their 
appointment,  and  to  continue  in  office  for  the  term  of  five 
years  fi'om  the  commencement  of  the  term  for  which 
they  were  last  appointed,  aud  until  others  shall  be  cho- 
sen in  their  stead,  and  give  bond  as  aforesaid :  At  the 

Shall  make  a   expiration  of  five  years  from  the  last  appointment,  and 

new  choice  ot^  .,  "        p,  -iiii  ^       ■  ^ 

Trustees.  SO  successivcly  cvcry  live  years,  tne  legal  voters  01  said 
parish  by  ballot,  to  make  a  new  choice  of  three  Trus- 
tees, Vvho  shall  be  inhabitants  and  freeholders  in  said 
parish  ;  And  in  case  of  a  vacancy  by  death  or  other- 
wise within  the  said  five  years,  the  survivor  or  survi- 
vors, together  with  the  Assessors  of  the  said  parish  for 
the  time  being,  to  supply  the  vacancy  for  the  remainder 

coni'ofpro-"^^  ^^^  ^^™^  •  ^^^  ^^^®  ^^^^  Trustees  shall  keep  a  record 
eeedings.  of  tlicir  procccdings,  (which  are  to  be  open  to  the  inspec- 
tion and  examination  of  the  Assessors  at  all  reasonable 
and  convenient  times)  wherein  all  donations  to  the  said 
fund  are  to  be  entered  and  credited  :  And  the  capital  of 
said  fund  shall  be  put  and  placed  at  interest,  and  the  in- 
terest annually  accruing,  together  Avith  all  donations  and 
additions  to  be  added  to  the  principal,  until  the  inter- 
est annually  arising  from  the  capital  thus  accumulate d. 


MINISTERIAL  FUND.  June  14,  i8i4.  ^53 

shall  amount  to  two  hundred  and  fifty  dollars.  And 
when  the  said  fund  shall  be  thus  productive,  the  interest 
thereof  shall  he  annually  appropriated  towards  the  sup- 
port of  a  Congregational  Minister  in  said  parish,  and  for 
no  other  purpose  whatever  :  Provided  nevertheless,  Proviso. 
That  when  the  interest  of  said  capital  shall  amount  to 
the  annual  sum  of  two  hundred  and  fifty  dollars  afore- 
said, if  the  said  parishioners  shall  think  proper,  at  a  le- 
gal meeting  called  for  tliat  purpose,  to  increase  the  capi- 
tal sum  of  said  fund  still  furtlier,  hefore  the  interest 
shall  be  applied  for  the  purpose  aforesaid,  they  shall 
have  power  so  to  do. 

Sec.  3.  Be  it  further  enacted,  That  the   said  Trus- ..     ,       , 

Vi  1  •        1     •  i.  'i.     1       ^'"^y  be  sued, 

tees  may  sue  and  be  sued  in  their  corporate  capacity  by  sscc. 
the  name  and  stile  aforesaid  ;  and  shall  be  liable  to  all 
the  duties  and  obligations  expressed  by  the  parishioners, 
in  their  votes  and  agreements  aforesaid  :  And  for  neg- 
lect of  the  duties  of  their  appointment,  or  malefeasance 
therein,  may  be  jointly  or  severally  removed  therefrom, 

.by  the  Supreme  .Judicial  Court  of  this  Commonwealth. 

Il:  Sec.  3.  Be  it  further  enacted,  That  the  said  Trus- 
tees may  in  their  said  corporate  capacity,  take,  hold  and^^J|",''^/j|;^^^^^Ji'^' 
retain  any  estate  real,  personal  or  mixed,  for  the  purpo- estate, 
^es  aforesaid,  the  annual  income  of  which  shall  not  ex- 
ceed one  thousand  dollars.  And  whenever  the  said  Cor- 
poration shall  be  seized  of  real  estate,  in  fee,  for  life  or 
term  of  years,  which  they  may  determine  necessary  or 
expedient  to  alienate,  for  the  eifectual  or  beneficial  dis- 
charge of  the  duties  of  the  institution,  they  or  the  ma- 
jor part  of  them,  may  by  deed  under  their  hands  and 
seals,  sell,  lease  and  convey  the  same  ;  and  the  con- 
veyance thus  made,  acknowledged  and  recorded,  shall 
eftectually  vest  such  real  estate  in  the  vendee  or  lesee, 
in  such  manner  as  may  be  expressed  in  the  conveyance 
thereof. 

[Approved  by  the  Governor,  June  i%  1814.3 


55'i 


EPISCOPAL  CHURCH. 


June  14,  1811. 


CHAP.  LVI. 


An  Act  in  addition  to  an  act,  entitled  "  An  Act  incor- 
porating the  Rector,  Wardens  and  Yestry  of  the 
Episcopal  Church  in  Dedham,  for  certain  purposes." 

Sec.  1.  j3]^  it  enacted  by  the  Senate  and  House  o^ 
Mepresentatives  in  General  Court  assembled,  an  d  by  ilie 
Manner  oT  he-^'^^^^^^'^^U  ^ft^e  saiue,  That  cach  and  every  person,  who 
coining  a  mem- is  or  shall  J)ecome  a  proprietor  of  a  pew  or  pews  in  said 
Church,  and  any  person  or  persons  proposing  to  attend 
public  worship  there,  and  not  having  been  heretofore  a 
proprietor  of  said  Church,  nor  having  been  made  a  mem- 
ber of  said  Church  or  Society,  by  a  vote  of  the  said  pro- 
prietors, who  shall  enter  his  or  her  name  with  the  Rec- 
tor, Wardens  and  Vestry  or  Clerk  of  said  Church, 
shall  be  deemed  and  taken  to  be  members  of  said  Epis- 
copal Church  or  Society,  and  they  with  their  estates 
shall  be  liable  to  all  lawful  taxes  and  assessments,  for 
the  purposes  hereinafter  mentioned,  but  no  one  besides 
the  proprietors  of  the  pews  shall  be  entitled  to  a  vote  in 
said  Church,  unless  he  or  they  shall  be  admitted  by 
vote  of  said  proprietors  to  hold  a  vote  and  an  office  in 
saitl  Church,  and  then  only  from  year  to  year  ;  and  the 
members  of  said  Episcopal  Church  or  Society  shall  be, 
and  tliey  M'ith  their  estates  are  hereby  exempted  from 
all  other  taxes  and  assessments  for  the  support  of  public 
worship,  in  the  towns  or  parishes  where  they  may  re- 
Praviso.  spectively  reside  :  Proyi^erf,  That  persons  hereafter  be- 
coming members  as  aforesaid,  shall  give  notice  thereof 
in  writing  to  the  Assessors  or  Clerk  of  the  town  or  pa- 
rish where  they  reside,  and  until  such  notice  shall  not 
be  entitled  to  the  exemption  aforesaid  :  Provided  also, 
That  persons  withdrawing  from  said  Episcopal  Church 
or  Society,  who  sliall  give  notice  thereof  in  writing  to 
the  AVardens  and  Yestry  or  Clerk,  for  the  time  being, 
shall  be  no  longer  liable  to  any  taxes  or  assessments  af- 
terwards granted  and  voted  therein,  and  they  with  their 
estates  shall  again  become  liable  to  all  other  taxes  and 
duties  for  the  support  of  public  worship,  in  the  parishes  or 


Proviso. 


EPISCOPAL  CHURCH.  June  14,  1814.  555 

towns  where  tliey  may  respectively  reside,  in  the  same 
manner  as  other  inhabitants  are  liable  who  have  not  been 
entitled  to  any  special  exemption. 

Sec.  2.  Be  it  further  enacted.  That  said  Episcopal 
Church  or  Society,  shall  be  capableto  take  and  hold,  by  ^^^   ^^^  ^^^j 
'gift,  grant  or  purchase,  any  real  or  personal  estate,  and  and  |.eison«i 
to  manage,   sell,  lease  or  dispose  of  the  same,  and  for"'"*^*'' 
that  purpose  sliall  have  a  common  seal,  to  be  establish- 
ed, altered  and   renewed  at  their  pleasure  :  ProvUed.  Proviso, 
That  the  real  estate  holden   by  them,  at  any  one  time, 
shall  not  exceed  in  annual  value  the  sum  of  five   thou- 
sand dollars  ;  and  provided.  That  no  sale  thereof  shall 
be  valid  and  effectual,  until  the  same  shall  be  made  with 
the  concurrence  of  their  Kector,  and  two  thirds  at  least 
of  the  proprietors  of  the  pews,  being  members  of  said 
Church  or  Society. 

Sec.  3.  Be  it  furtJier  enacted.  That  the  said  Episco- 
pal Church  or  Society,  shall  have  the  same  authority  powers. 
and  power  in  granting,  voting,  assessing  and  collecting 
taxes,  for  the  maintenance  of  a  Rector,  Incumbent  or 
Minister,  and  the  support  of  public  worship,  which  Con- 
gregational parishes  have  or  may  enjoy  by  virtue  of  any 
general  statute  or  statutes  of  this  CommouAvealth  ;  and 
assessments  of  taxes  lawfully  made  for  the  said  Episco- 
pal Church  or  Society,  remaining  due  and  unpaid  after 
six  months  notice  thereof,  shall  and  may  be  recovered  in 
an  action  at  law,  in  their  name  to  be  brought,  as  for  sums 
of  money  due  and  owing  to  the  said  Church  or  Society, 
against  the  parties  liable  therefor,  their  executors  or  ad- 
ministrators. 

Sec.  4.  Be  it  further  enacted.  That  the  proprietors  ^^y^''^  ™°- 
of  pews  in  said  Church  be,  and  they  are  hereby  author-  met.t.' 
ised  to  raise  money  by  assessment  on  all  said  pews,  to 
defray   the  expense  of  public  worship  and   repairing 
the  Church,  or  rebuilding  the  same,  and  other  inciden- 
tal expenses  ;  but  no  proprietor  of  a  pew  or  pews  shall 
be  obliged  to  pay  the  tax  so  levied  or  assessed,  jprovid-  Proviso, 
g^,    that  he   expresses  in  writing  to  the  Wardens,  his 
consent  that  they  may  occupy  or  let  his  pew  or  pews, 
from  year  to  year,  until  he,  the  said  proprietor,  his  heirs, 
executors  or  administrators,  shall  pay  the   said  tax,  or 
until  the  same  shall  have  been  realized  by  the  Wardens 
from  the  rent  of  said  pew  or  pews. 


556  SALMON,  SHAD,  &c.  June  14,  1814- 

officers.  kow  Sec.  5.  Be  it  further  enacteiL  That  the  ofReers  of  said 
Lorporatioii  or  feociety  shall  ha  appointed  agreeahly  to 
the  present  constitution  and  rules  of  said  Church  ;  Pro- 
vided, They  contain  nothing  contrary  to  tl;e  constitu- 
tion and  laws  of  this  Commonwealth  ;  and  that  alllea- 
ses  that  hrae  heen  heretofore  executed  by  the  Rector, 
Warden  and  Vestry,  in  pursuance  of  the  act  to  M'hieh 
this  is  in  addition,  and  in  conformity  to  the  votes  of  the 
proprietors  of  the  Church,  shall  be  equally  valid  in  law, 
as  iny  leases  that  may  be  executed  by  the  Rector, 
Wardens  and  Vestry,  after  the  passing  of  this  act  and  in 
conformity  thereto  ;  and  also  all  deeds  of  pews  that  have 
been  executed  by  tiie  Rector  and  Wardens. 

Sec.  6.  Be  it  further  enacted,  That  Horatio  Town- 
May  issue  war- send,  Esq.  one  of  the  proprietors  of  said  Church,  be, 
and  is  hereby  authorised  to  issue  Ms  warrant,  directed 
to  some  principal  proprietor  of  said  Church  or  member 
of  said  Society,  requiring  him  to  notify  and  warn  the 
other  members  thereof,  qualified  to  vote  in  manner  as  a- 
foresaid,  to  meet  at  some  suitable  time  and  place  within 
said  town  of  Dedham,  to  choose  such  officers  as  they  are 
authorised  by  their  constitution  to  choose,  and  to  do  and 
transact  all  such  other  matters  and  things  as  may  be  ne- 
cessary for  the  due  organization  and  regulation  of  said 
Church  and  Society. 

[Approved  by  the  Governor,  June  14, 1814.] 


CHAP.   LVI. 

An  Act  to  regulate  the  taking  the  Fish  called  Salmon^ 
Shad,  and  Alewives,  in  the  Sebasticook  river,  in  the 
town  of  Clinton. 

Sec.  1.  jDE  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 
May  take  fish,  of  this  act,  it  sliall  and  may  be  lawful  for  the  town  of 
Clinton  to  take  Salmon,  Shad,  and  Alewivcs,  within 
the  limits  of  said  town,  in  the  Sebasticook  river,  from 
the  northerly  line  of  the  town  of  Winslow,  to  the  noAh- 


i^ 


% 


SALMON,  SHAD,  &c.  June  i%  iSi^.  55? 

crly  line  of  land  owned,  occupied,  and  now  in  the  pos- 
session of  Abram  Wallis,  in  said  town  of  Clinton,  on 
such  days  only,  as  are  or  may  be  allowed  by  law,  for 
catching  Fish  within  the  county  of  Kennebec,  and  at 
such  places  within  these  limits,  as  a  committee,  who  may 
be  appointed  by  the  town,  as  is  hereafter  provided,  may 
direct. 

Sec.  2.  Be  it  further  enacted,  That  the  inhabitants  shaii  appoint 
of  the  town  of  Clinton,  at  their  meeting  for  the  choice  of  com«ii"'ie. 
Town  Officers,  in  the  month  of  March,  or  April,  annu- 
ally, be,  and  hereby  are  authorised  and  empowered,  to 
choose  by  ballot,  three  or  five  persons,  being  freeholders 
in  said  town,  a  committee   to  oversee  the  taking  said 
Fish  as  aforesaid,  w^hich  committee  shall  be  sworn  to  the 
faithful  discharge  of  their  trust,  and  shall  distribute  the 
Fish  taken  by  them,  or  under  their  direction,  as  equally 
as  circumstances  will  admit,  to  such  of  the  inhabitants 
of  said  town,  or  other  persons,  as  may  apply  for  the 
same  ;  and  for  the  Fish  so  supplied  and  delivered,  the 
committee  aforesaid  shall  demand  and  receive,  of  the 
person  or  persons  applying  therefor,  payment,  at  suck    ^^ 
rate  or  rates,  as  the  inhabitants  of  said  town,  at  their^  jP[^ 
annual  meeting  in   March  or  April,  may  direct,  except-        ^S^ 
ing  of  such  poor  persons,  as  shall  be  named   iu  a  list  to        ^ir 
be  annually  made  out  by  the  Selectmen  of  the  town,  and 
who,  in  the  opinion  of  said  Selectmen,  are  unable  to 
pay  for  the  same ;  which  list  shall  be  given  to  the  com- 
mittee, and  the  person  or  persons  borne  on  said  lists, 
shall  be  supplied   with  such  quantities  of  said  Fish, 
(gratis,)  as  the  committee  shall  think  expedient;  and 
the  said  committee  shall  have  such  allowance  for  their 
services,  as  the  inhabitants  of  said  town,  in  open  town 
meeting,  may  determine ;  and  shall  annually,  in  the 
month  of  September,  next  after  their  appointment,  ex- 
hibit to  the  Selectmen  their  accounts  for  settlement,  and 
pay  the  balance,  if  any  there  is,  into  the  town  treasury, 
ibr  the  benefit  of  said  town.  ^«H 

Sec.  3.  Be  it  further  enacted,  That  the  town,  at  the  .^J'*"  «pp'«nt     'jr- 
time,  and   in  the  manner  aforesaid,   shall  choose  one   "^''*"'*^''"         H 
person,  being  a  freeholder  in  said  town,  to  be  treasurer  ] 

of  said  Fishery,  who  shall  be  sworn  to  the  faithful  dis-  ' 

charge  of  his  dutv,  and  he  may  be  supplied  by  the 

44       '  '^-^^ 

■A 


558  SALMON,  SHAD,  &c.  June  14,  1814. 

town  with  suitable  buildings  and  apparatus  for  saving^ 
and  securing  Fisli,  and  witli  such  quantities  of  salt,  as 
the  town  shall,  at  theii'  annual  meeting,  direct  and 
order  ;  and  it  shall  be  the  duty  of  said  treasurer,  to  re- 
ceive into  his  possession  all  sucli  Fish  as  may  be  taken 
and  not  disposed  of,  in  eight  hours  from  the  time  the 
Duty  ot  Com-  same  are  taken  from  the  w  ater.  And  it  shall  be  the 
Tieasuiei.  duty  of  the  Said  committee  to  deliver  to  said  treasurer, 
at  such  place  or  places  as  he  shall  direct,  all  such  Fish 
as  shall  not  be  by  them  sold  as  aforesaid.  And  it  shall 
be  the  duty  of  said  treasurer  to  save  and  cure  said  Fish 
which  may  come  into  his  hands,  in  such  way  as  he  shall 
think  most  for  the  interest  of  said  town,  and  sell  and 
dispose  of  the  same  for  the  benefit  of  said  town ;  and 
the  said  treasurer  shall  annually,  on  or  before  the  first 
Monday  of  March,  next  after  his  appointment,  exhibit 
to  the  Selectmen  of  said  town,  a  full  and  fair  statement 
of  his  proceedings  in  writing,  with  the  amount  of  towns^ 
property  on  hand,  together  with  his  claims  for  services 
and  expenditures,  and  pay  over  to  tlie  treasurer  of  said 
town,  the  balance  w^hich  may  remain  in  his  hands,  for 
the  benefit  of  said  town. 

Sec.  4.  Be  it  further  enacted^  That  the  said  com- 
Powers.  mittec  are  hereby  empowered,  if  thereunto  licensed  by 
a  vote  of  said  town,  to  sell  at  public  vendue,  all,  or  any 
part  of  said  Fishery,  to  the  highest  bidder,  and  by  their 
memorandum  in  writing,  to  authorize  any  purchaser  or 
purchasers,  to  take  said  Fish  and  dispose  of  the  same, 
agreeably  to  the  provisions  of  this  act,  or  in  such  man- 
ner as  the  committee  shall  in  their  license  authorize  and 
direct. 

Sec.  5.  Be  it  further  enacted,  That  if  any  person  or 
i  me  and  tot-  pcrsous,  othcr  than  the  committee,  or  such  person  or 
iciiuic.  persons,  as  shall  be  employed  or  authorized  by  them, 

shall  take  any  of  said  Fish  in  said  Sebastieook,  within 
tlie  aforesaid  limits,  at  any  time,  or  by  any  ways  or 
means  whatsoever,  each  person  so  ofiending,  and  the 
parent,  guardian,  master,  or  mistress  of  any  minor  who 
shall  so  oflFend,  shall  forfeit  and  pay  a  sum  not  exceed- 
ed iug  twenty  dollars,  nor  less  than  five  dollars,  for  each 
offence  ;  and  all  the  Fish  so  unlawfully  taken,  shall 
likewise  be  forfeited ;  and  it  shall  be  lawful  for  thp 


'^ 


SALMON,  SHAD,  &c.  June  i%  1814,  559 

committee,  or  any  of  tliem,  or  any  person  or  persons 
employed  by  them  to  take  Fish  from  said  river,  to  seize 
all  Fish  so  unlawfully  taken,  and  dispose  of  the  same 
for  the  benefit  of  said  town. 

Sec.  6.  Be  it  further  enacted,  That  the  committee  p  .^^ 
chosen  as  aforesaid,  or  either  of  them,  or  any  person  or  ' 

persons  employed  by  them,  «hall  have  liberty  and  au- 
thority, for  the  purposes  aforesaid,  to  go  on  the  lands  of 
any  person  or  persons,  through  which  the  said.  Sebasti- 
cook  passes,  without  being  considered  trespassers  ;  and 
any  person  who  shall  molest  or  liinder  said  committee, 
or  either  of  them,  or  any  person  or  persons  employed, 
or  authorized  by  them,  in  the  execution  of  their  duty, 
shall  forfeit  and  pay  for  each  offence,  a  «um  not  exceed- 
ing tAventy  dollars,  nar  less  than  ten  dollars  :  Provided  Piovisp. 
Ihowevter,  The  said  committee  are  authorized  and  requir- 
ed, to  pay  to  any  owner  or  proprietor,  such  compensa- 
tion as  the  major  part  of  said  committee  shall  direct, 
as  a  compensation  for  any  damages  they  may  sustain 
by  said  committee,  or  persons  employed  by  them  to 
take  said  Fish  on  their  lands  or  possessions. 

Sec.  7.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  tlie  treasurer  of  said  town,  for  the  time  being, 
and  he  is  hereby  authorized,  upon  the  complaint  of  Penalties  to  bp 
any  of  the  committee  aforesaid,  to  sue  for  any  forfei-  '^'^'^°*^*'*^^^ 
lures  incurred  by  the  breach  of  any  of  the  regulations 
provided  in  this  act;  and  all  sums  and  forfeitures  incur- 
red by  the  breaches  of  any  of  the  provisions  of  this  act, 
shall  be  for  the  benefit  of  said  toAvn,  and  all  actions 
shall  be  prosecuted  by  an  action  on  the  case,  in  any 
court  proper  to  try  the  same  ;  and  no  person  shall,  by 
reason  of  his  being  one  of  said  committee,  or  an  iuhab- 
itaat  of  said  town,  be  disqualified  from  being  a  witness 
in  any  prosecution  for  a  breach  of  this  act. 

[Approved  by  the  Governor,  June  i%  1814.] 


COMMONWEALTH  OP  MASSACHUSETTS. 


Secretary's  Office,  A'liguat  ^th,  1814. 
By  tbis  I  ceriify,  that  the  Acts  and  Laws  contained  in  this  Pamphlet,  which  were 
passed  by  the  Legislature,  at  ^heir  June  Session  in  the  present  year,  have  been  examined 
and  compared  in  this  ORicei  with  the  originals,  and  appear  to  be  correct,  excepting  the  fol' 
lowing  instances,  viz.— 2*pag^  514,  4th  line  of  the  6th  section,  read /«// value— at  page  537, 
1st  line,  read  John  Browne—at  page  656,  7th  line  from  the  top,  read  Wardens— it  page 
538, 11th  line  from  bottom,  omit  the  word  Sec,  and  figure  2,  and  read  them  immediately 
before  the  last  euacting  clause  of  the  same  act. 

ALDEN  BRADFORD, 
/  Secretary  of  the  Commomveallht 


LAWS 


OF  THE 


COMMOJ\rWEALTH  OF  MASSACHUSETTS, 

PASSED  BY  THE  GENERAL  COURT, 

AT  THE  SESSION,  COMMENCING  ON  THE  5th  AND  ENDING  ON 

THE  20th  DAY  OF  OCTOBER, 

1814. 


CHAP.  LVIl. 

An  Act  to  authorise  the  President,  Directors  and 
Company  of  the  Merrimack  Bank  to  postpone  the 
payment  of  their  first  Instalment. 

JjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  President,  Directors 
and  Company  of  the  Merrimack  Bank  be,  and  they 
hereby  are  authorized  and  empowered  to  postpone  the  p^vVnenToSl 
payment  of  their  first  instalment  of  twenty  five  percen-'"^'^'""*^"'- 
tum  of  their  capital  stock  until  the  first  Monday  of 
December  next,  any  law  to  the  contrary  notwithstanding. 
[Approved  by  the  Governor,  October  10,  1811.] 


CHAP.  LVIII. 

An  Act  in  addition  to  an  act,  "  entitled  An  act  to  in- 
corporate the  President,  Directors  and  Company  of 
the  Newburyport  Bank.'' 

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 


560  SPRINGFIELD  BANK.  October  13,  1814. 

Amnnntofcnr-^^  tliis  act,  tlic  Capital  stoclt  of  the  Newbnryport 
iiHi  stock  «nd  Bank,  shall  be  divided  into  shares  of  sixty  dollars  each, 
cao . a.aie  ^^^  ^j^^  wholc  numbev  of  shares  shall  be  three  thousand 
and  five  hundred  :  any  thing  in  the  act,  to  which  this 
is  an  addition,  to  the  contrary  notwithstanding  :  Fro- 
Pioviso.  vided  hoiveveVy  That  no  dividend  of  the  capital  stock 
of  said  Bank,  as  now  existing,  shall  be  made,  until 
proof  shall  have  been  made  to  the  satisfaction  of  the 
Governor  and  Council,  or  of  Commissioners  by  them 
appointed,  that  there  actually  exists  in  the  vaults  of  the 
Bank  specie  belonging  to  the  Corporation,  sufficient  to 
pay  off  all  the  bills  of  the  Bank  in  circulation,  and  all 
deposits,  and  other  demands  existing  against  the  same, 
beyond  the  sum  then  to  be  divided  :  Promded  also. 
That  nothing  herein  contained,  shall  be  construed  to 
affect  the  liability  of  the  Corporation,  or  the  individual 
Stockholders,  as  established  by  tlie  original  act  incor- 
porating the  said  Bank. 

[Approved  by  the  Governor,  October  13,  1814.] 


CHAP.  LIX. 

An  Act  in  further  addition  to  an  act,  entitled  ^^  An 
act  to  incorporate  the  President,  Directors  and 
Company  of  the  Springfield  Bank.'' 

Sec.  1.  JjE  it  cnacfpd  hy  the  Senate  and  Tfoiise  of 

Jiejjresentativps  in  General  Court  assembled,  and  by  the 

authority  of  the  same.    That  the  capital  stock  of  the 

Amount r,f cap. T*resident,  Directors  and  Company  of  the  Springfield 

itn!  ^topk  nnd  j5ank  shall,  and  may  consist  of  the  sum  of  one  liundred 

and  twenty  five  thousand  dollars,  and  no  more  ;  any 

thing  in  the  act  incorporating  them  notwithstanding — 

to  be  divided  into  shares  of  one  hundred  dollars  each, 

to  be  paid  in  four  equal  instalments  ;  the  wliole  of  the 

first  instalment  to  be  paid  on  or  before  tlie  first  day  of 

November  next,  and  tlie  other  instalments  at  the  times 

prescribed  by  a  law,  in  this  behalf,  passed  in  June  last. 

Sec.  2.  Be  it  further  enacted,  That  the  proceedings 

of  said  Corporation  shall,  and  may  be  valid,  notwitb- 


WELLINGTON  COT.  COMP.     Octoher  15, 1814.  561 

•landing  their  having  failed  to  pay  in  the  whole  of  the 
first  instalment  by  the  time  prescribed  by  said  law, 
passed  in  June  last  ;  Provided,  they  shall  pay  in  the  Proviso. 
first  instalment  by  the  time  herein  set  and  limited  ;  and 
Provided  also,  That  no  money  shall  be  loaned  or  dis- 
counts made,  nor  shall  any  bills  or  promissory  noles 
be  issued  from  said  Bank,  until  the  capital  subscribed 
and  actually  paid  in.  and  existiug  in  gold  and  silver 
in  their  vaults,  shall  amount  to  one  fourth  part  of  the 
capital  stock  of  said  Bank. 

Sec.  3.   Be  if  further  enacted.  That  whenever  the 
Legislature  shall  require  it,  the  said  Corporation  shall  shaii  loan  to 
loan  to  the  Commou wealth  any  sum  of  money  that  may '^'/aith."  ""°" 
be  required,  not  exceeding  ten  per  centum  of  the  amount 
of  the  capital  stock  actually  paid  in,  at  any  one  time, 
reimbursable  by   five   annual   instalments,    or  at  any 
shorter  period,  at  the  election  of  the  Commonwealth, 
with  the  annual  payment  of  interest  at  a  rate,  not  ex- 
ceeding five  per  centum  per  annum  :  Provided  however^  ^'•"^'so. 
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. 

Sec.  'i.  Be  it  further  enacted,  That,  in  all  respects, 
not  herein  otherwise  specially  provided  for.  the  said 
Corporation  shall  be  sulyect  to  all  the  duties,  and  liable 
to  all  the  restrictions  and  conditions,  by  law  imposed 
upon  them. 

[Approved  by  the  Governor,  October  13,  1814.] 


CHAP.  LX. 

An  Act  to  incorporate  the   Wellington   Cotton  Mill 

Company. 

Sec.  4.   JjE  it  enacted  hythe  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Simeon  Willi;ims,  Joshua  p,„o„,  i,,^^,. 
Williams,  Isaac  Babbitt,  Barnabas  Crane,  Adoniram  po"^ed. 
Crane,  Nathaniel  Wheeler,    2d^   .Jonathan    Walker, 


5Q2  SPRINGFIELD  MAN.  COM.      October  15, 1814. 

Nathaniel  Walker,  Hezekiah  Anthony,  Seth  Presbrey 
anJ  Job  King,  Jan.  with  such  as  may  hereafter  asso- 
ciate with  tliera,  their  successors  and  assigns,  be,  and 
they  are  hereby  made  a  Corporation  by  the  name  of 
The  Wellington  Cotton  Mill  Company,  for  the  purpose 
of  manufacturing  cotton  cloth  in  the  town  of  Welling- 
ton, in  the  county  of  Bristol  ;  and  for  such  purpose 
shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  and  requirements  contained  in  an 
act,  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  thou- 
sand eight  Inmdred  and  nine. 

Sec.  2.  Be  it  further  enacted^  That  said  Corpora- 

^Jj*-  ''^;^^'^i  .^p' tion  may  be  lawfully  seized  and  possessed  of  such  real 

e^iaie.  cstatc,  uot  cxcccding  thirty  thousand  dollars,  and  such 

personal  estate,  not  exceeding  sixty  thousand  dollars, 

as  may  be  necessary  and  convenient  for  the  purposes 

aforesaid. 

[Approved  by  the  Governor,  October  15,  1814.]] 


CHAP.  LXI. 

An  Act  to  establish   the   Springfield  Manufacturing 

Company. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
llepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same^  That  Benjamin  J  enckes,  Wash- 
I'ersons  incor- iHgton  Jcuckcs,  Joscpli  Bucklcu  aud  Gcorgc  Wilkin- 
i.oraied.  g^,,^^  togctlicr  with  such  pcrsous  as  have  already  asso- 
ciated with  them,  or  may  liereafter  associate  with  them, 
their  successors  and  assigns,  be,  and  they  hereby  are 
Blade  a  Corporation,  by  the  name  of  the  Springfield 
Manufacturing  Company,  for  the  purpose  of  Manufac- 
turing cotton  and  woollen  cloth  and  yarn,  aud  also 
iron,  in  the  towns  of  Springfield  and  Ludlow,  in  the 
county  of  Hampden,  with  the  business  necessarily 
connected  therewith  :  and  for  sucli  purposes  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the 


SETTLEMEI^T  OF  ACT'S.       October  15, 181f .  i^63 

duties  and  requirements,  contained  in  an  act  passed  in 
the  year  of  our  Lord  one  thousand  eight  liundred  and 
nine,  entitled  "An  act  definini;  the  general  powers  and 
duties  of  Manufacturing  Corporations." 

Sec.  2.  Be  it  further  enacted^  That  said  Corpora- 
tion may  be  lawfully  seized  and  possessed  of  such  real  m^v  i.nioveai 
est«te,  not  exceeding  the  value  of  one  hundred  thousand  ;"j;^^^|;'=""""'' 
dollars,  and  such  personal  estate,  not  exceeding  tlie 
value  of  four  hundred  thousand  dollars,  as  may  be 
necessary  and  convenient  for  carrying  on  the  Manu- 
faclure  aforesaitl. 

[Approved  by  the  Governor,  October  15,  1814.] 


CHAP.  LXII. 

An  Act  to  provide  for  the  settlement  of  accounts  for 
military  services  and  supplies. 

Sec.  1.  ijE  it  enacted  hy  the  Senate  and  House  of 
llepvesentatives  in  General  Court  assembled,  and  by  the 
antkority  of  the  same,  That  His  Excellency  the  Gov- 
ernor,  with  advice  of  Council,  shall  appoint  three  suit-  Gov.  to  appoint 
able  persons  as  Commissioners  on  military  accounts,  o'""^''*'"'**"* 
whose  duty  it  shall  be,  to  receive,  adjust  and  finally 
settle  all  accounts  against  the  Commonwealth  for  mil- 
itftry  services  or  supplies,  and  for  expences  connected 
with  any  military  operations,  rendered  by,  or  under 
the  authority  of  the  State.  And  the  said  Commission- 
ers may  prescribe  the  forms  of  accounts,  and  du'ect 
what  vouchers  shall  be  necessary  to  passing  all  such 
accounts.  And  the  Governor,  with  advice  of  Council, 
may  draw  his  warrants  on  the  Treasurer  in  favour  of 
said  Comuiissioners  for  such  sums,  as  may  from  Hme 
to  time,  be  required,  for  paying  said  accounts,  which 
sums  shall  remain  in  the  hands  of  the  Treasurer,  sub- 
ject to  the  orders  of  the  Commissioners,  or  any  two  of 
thera,  which  orders  shall  be  drawn  on  each  separate 
account,  and  shall  refer  to  the  same  :  Provided  how-  p.ovisc. 
ever,  That  in  lieu  of  drawing  his  warrants  on  the 
Treasurer  as  aforesaid,  the  Governor  may,  whenever 


56* 


TRAINING  MILITIA. 


October  15,  1814. 


Shall  arrav);!;e 
Uuited  Stales. 


lie  sees  fit,  direct  the  Commissioners  to  report  their  ac- 
counts, as  passed  for  final  allowance,  and  payment  by 
the  Governor  and  Council. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Com- 
missioners shall  prepare  and  arrani;e  the  claim  of  this 
State  against  tlie  United  States,  with  the  vouchers  to 
support  the  same,  and  file  all  such  papers  aud  accounts 
in  the  oifice  of  the  Secretary  of  1  he  Commonwealth,  in 
such  manner,  and  under  such  directions  as  they  may, 
from  time  to  time,  receive  from  the  Governor  and 
Council,  or  the  Legislature  ;  and  they  shall  also,  make 
monthly  reports  to  the  Governor  and  Council,  when  in 
session,  of  all  accounts  allowed  by  them. 

Sec  3.  Be  it  further  enacted.  That  the  Commis- 
sioners to  be  appointed  under  this  act,  shall  receive 
such  compensation  for  their  services  as  the  Legislature 
shall  from  time  to  time  direct. 

[Approved  by  the  Governor,  October  15,  1814.] 


CHAP.  LXIII 


An  Act  repealing  an  act,  entitled  "  An  act,  supplement- 
ary to  an  act  entitled  an  act,  for  regulating,  govern- 
ing and  training  the  Militia  of  this  Commonwealth.'^ 

XjE  it  enacted  hj  the  Senate  and  House  of 
Mepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  an  act,  entitled  '^  An 
act,  supplementary  to  an  act,  entitled  an  act  for  regu- 
lating, governing  and  training  the  Militia  of  this  Com- 
monwealth," passed  on  the  twenty  -eighth  day  of  Feb- 
ruary, in  the  year  of  our  Lord  one  thousand  eight  hun- 
Act  repealed,  di'cd  and  eleven,  be,  and  the  same  hereby  is  repealed  ; 
and  that  the  persons  therein  described  shall  be  bound 
and  obliged  to  pe  *form  military  duty,  and  liable  to  the 
same  penalties  and  forfeitures  for  the  non  performance 
of  the  same,  as  other  citizens  of  this  Commonwealth, 
not  otherwise  exempted  ;  any  thing  in  the  said  act  t5 
the  contrary  notwithstanding. 

[Approved  by  the  Goveraor,  October  15;  1814.] 


PAW.  BANK— OXFORD.  October  15,  1814.  f>65 


CHAP.  LXIV. 

An  Act  in  atldition  to  an  act,  entitled  ^*  An  act  to  in- 
corporate the  President,  Directors  and  Company  of 
the  Pawtucket  Bank.'-' 


B 


lE  it  enacted  by  the  Senate  and  House  of 
Kepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  sarae,  That  so  much  of  an  act,  entitled 
an  act,    to  incorporate  the   President,  Directors    and 
Company  of  tlie  Pawtucket  Bank,  as  regards  the  times 
at  which  the  Stockliolders  of  said  Bank,  are  required 
to  pa\  in  their  several  instalments  of  the  capital  ?tock 
thereof,    be,    and  hereby   is   repealed;  and   that  the  \'*,'", p*""' •^• 
Stockholders  of  said  Bank  be,  and  hereby  are  required 
to  pay  in  the  several  instalments  of  the   capital  stock 
of  the  said  Bank,  at  the  following  periods,  to  wit ;  the 
first  instalment  on  the  first  Tuesday  of  June  next ;  the 
second  instalment  on  the  first  Tuesday  of  December  J'^^pf^'"  p«y- 
then  next  following;  the  third  instalment  on  the  g^.g^'  s">staint;iiu. 
Tuesday  of  June  then  next  following;  and  the  fourth 
instalment  on  the  first  Tuesday  of  December  next  after  ; 
or  at  such  earlier  times  as  the  Stockholders,  at  any 
meeting  thereof,  may  order. 

[Approved  by  the  Governor,  October  15,  1814.] 


CHAP.  LXV. 

An  Act  to  incorporate  the  Oxford  Central  Cotton  and 
Woollen  Manufacturing  Company. 


Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Daniel  Fisk,  John  HuJson, 
William  S.  Fisk,  Henry  G.  Learned,  Joel  and  Daniel  „ 
Fiddy,    Amos   Hudson,    Ezra  Lovell,    and    Silvanusi>>'«it*i. 
Pratt,  together  with  such  others  as  may  hereafter  as- 
sociate with  them,  their  successors  and  assigns,  bo,  and 
46 


566  TRAIKINC^  MILITIA.  October  17,  1814. 

they  are  hereby  made  a  Corporation,  by  the  name  of 
the  Oxford  Central  Manufacturing  Company,  for  the 
purpose  of  manufacturing  cotton  and  woollen  cloth  and 
yarn,  in  the  said  town  of  Oxford  ;  and  for  this  purpose, 
the  said  Company  shall  have  all  the  powers  and  privi- 
leges, and  shall  be  also  subject  to  the  same  duties  and 
requirements,  as  are  prescribed  and  contained  in  an  act, 
entitled  '^  an  act  defining  the  general  powers  and  du- 
ties of  Manufacturing  Corporations,"  passed  the  third 
day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  niue. 

Sec.  2.  Be  it  further  enacted.  That  the  said  Corpo- 
ration, in  their  corporate  capacity,  may  lawfully  hold 
May  hnui  reiiiand  posscss  rcal  estate,  not  exceeding  fifty  thousand 
t'stLT"""^'  dollars,  and  personal  estate,  not  exceeding  one  hundred 
thousand  dollars,  as  may  be  necessary  and  convenient 
for  carrying  on  the  manufactures  of  the  said  company, 
in  the  said  town  of  Oxford. 

[Approved  by  the  Governor,  October  17?  1814.] 


CHAP.  LXVL 

An  Act  in  further  addition  to  an  act,  entitled  '^  An  act 
for  regulating,  governing  and  training  the  Militia  of 
this  Commonwealth." 


)E  it  enacted  by  the  Senate  and  House  of 
llepresentativeSf  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That,  in  addition  to  the  offi- 
cers of  the  Militia  of  this  Commonwealth,  provided  for 
by  the  act  entitled  "  An  act  for  regulating,  governing, 
and  training  the  Militia  of  this  Commonwealth,"  passed 
on  the  sixth  day  of  March,  in  theyear  of  our  Lord  one 
thousand  eight  hundred  and  ten,  and  in  pursuance  of  an 
act  of  the  Congress  of  the  United  States,  approved  on 
the  eighteenth  day  of  April,  in  the  year  of  our  Lord,  one 
Number  of  of- thousand  eight  hundred  and  fourteen,  there  shall  be  to 
Son '^ud  ml- ®^^^*  division  of  the  Militia  of  this  Commonwealth,  one 
gaiie.  Division  Inspector,  with  the  rank  of  Lieutenant  Colonel, 

and  one  .Division  Quarter  ]Vla«ter,  with  the  ranlc  of  Ma- 


GLOBE  MANU.  COMP.  October  17, 1814.  567 

jor,  and  to  be  appointed  and  commissioned  by  tlie  Go- 
vernor and  Commander  in  Chief  of  this  Commonwealth  ; 
to  each  brigade,  one  Aid -de- Camp,  with  the  rank  of 
Captain,  to  be  appointed  by  the  Brigadier  General  of 
said  brigade,  and  commissioned  by  the  Governor  and 
Commander  in  Chief,  and  it  shall  be  incumbent  on  the 
said  officers  to  do  and  perform  all  the  duties  which  by 
law,  and  military  principles,  are  attached  to  their  offi- 
ces respectively. 

[Approved  by  the  Governor,  October  17,  1814.] 


CHAP.  LXVII. 

An  Act  to  incorporate  the  Globe  Manufacturing  Com- 
pany. 


Persons   incofi 


Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Thomas  Upham,  Da- 
vid Fisk,  Samuel  Newell,  James  Walcott,  Jun.  Perry  porated. 
B.  Walcott,  Josiah  J.  Fisk,  and  Francis  Wheelock, 
together  with  such  other  persons  as  may  hereafter  as- 
sociate with  them,  their  successors  and  assigns,  be,  and 
they  are  hereby  made  a  Corporation,  by  the  name  of 
The  Globe  Manufacturing  Company,  for  the  purpose 
of  manufacturing  cotton  and  woollen  cloth  and  yarn,  ia 
the  town  of  Sturbridge,  in  the  county  of  Worcester  ; 
and  for  that  purpose  shall  have  all  tlie  powers  and  pri- 
vileges, 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,  eighteen  hun- 
dred and  nine. 

Sec.  2.  Be  it  further  enacted.  That  the  said  Cor- 
poration may  be  lawfully  seized  and  possessed  of  such  ^'?  '^'''''  '?' 
real  eslate,  not  exceeding  the  value  ot  thirty  thousand  s^i^tu 
dollars,  and  such  personal  estate,  not  exceeding  the 
value  of  fifty  thousand  dollars,  as  may  be  necessary 
and  convenient  for  carrying  on  the  manufacture  afore- 
said,  in  said  town  of  Sturbridge. 

[Approved  by  the  Governor,  October  17,  1814.] 


568  MEW  BURYPORT— MILITIA.     October  18, 1814. 


CHAP.  LXVIII. 

An  Act  in  addition  to  the  act,  establishing  a  Marine 


Society  at  Newburyport. 

XjE  it  enacted  by  the  Senate  and  House  of 
Meprespntatives  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  Tliat,  from  and  after  the  pas- 
sing; of  this  act,  the  Marine  Society  at  Newburpport, 
ivtay  retfuiate  niay  regulatc  and  determine  on  their  times  of  meeting, 
Mhes  o  iBtc  -  ^^^^^  thing  in  the  act  establishing  that  Society,  passed  on 
the  eleventh  day  of  October,  one  thousand  seven  hun- 
dred and  seventy-seven,  or  in  their  bye-laws,  as  at  pre- 
sent existing,  to  the  contrary  notwithstanding. 
[Approved  by  the  Governor,  October  18,  1814.] 


CHAP.  LXIX. 

An  Act  to  establish  the  pay  and  rations  of  the  militia 
while  in  actual  service,  and  the  allowance  to  be  made 
to  them  for  arms,  equipments  and  clothing,  when  fur- 
nished by  themselves. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
Mejpresentatioes  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  the  militia,  while  in  ac- 
Amh.tofpjtual  service,  shall  be  entitled  to  receive  the  same  pay 
and  rations.  ^^^^  ratious  as  are  now  allowed  to  the  regular  troops  of 
the  United  States,  and  the  value  of  the  rations  shall  be 
considered  at  twenty  cents  each. 

Sec.  2.  Be  it  further  enacted,  That  each  non-com- 

sh«(i  receive  missioucd  officcr  aud  private,  who  shall  arm  and  equip 

ex'.ra  i-ay  tot   )|ijjiself  accordlus;  to  law,  and'  so  keep   himself  armed 

quii.i.ing.        and  equipped  while  in  actual  service,  shall  be  entitled 

to  receive  therefor,  fifty  cents  per  month. 

Sec.  3.  Be  it  further  enacted,  That  each  non-com- 
missioned officer,  musician  and  private  soldier,  who 
shall  furnish  himself  with  a  suitable  military  uniform 
and  blanket,  when  called  into  actual  service,  shall  be 


SALE  OF  REAL  ESTATE.        Octohev  19, 181 L  569 

entitled  to  receive  monthly  pay  in  addition  to  his  stated 
pay,  as  follows,  viz.  Serjeants  and  musicians,  four  dol- 
lars ;  corporals  and  privates,  three  dollars  and  seven- el\nl,?7an*i 
ty-five  cents  ;  and  those  who  shall  not  so  furnish  them-  '■"''""»  ''^''  ""'- 
selves  with  uniform  clothing,  shall  be  allowed  two  dol-  "'"^' 
lars  and  fifty  cents  per  month. 

Sec.  4.  Be  it  further  enacted^  That  whenever  the 
militia  shall  be  discharged  from  actual  service,  they 
shall  be  allowed  pay  and  rations  to  their  several  homes, 
at  the  rate  of  fifteen  miles  per  day. 

[Approved  ])y  the  Governor,  October  18,  1814.] 


CHAP.  LXX. 

An  Act  in  addition  to  the  several  acts  authorising  the 
sale  of  real  estates  by  Executors,  Administrators  and 
Guardians. 


Wi 


HEREAS  doubts  have  arisen  wheth- 
er the  provision  made  in  the  sixth  section  of  the  act, 
passed  the  fourteenth  day  of  February,  in  the  year  of '''^^'"'''^ 
our  Lord  one  thousand  seven  hundred  and  eighty-nine, 
that  the  printing  a  notification  three  weeks  successive- 
ly in  such  gazette  or  newspaper  as  the  Court  author- 
ising sales  of  real  estates  might  order  and  direct, 
should  be  deemed  equivalent  to  the  posting  up  notitica- 
tions  as  had  before  been  directed  by  law,  extends  to 
such  notice  being  given,  as  well  by  Guardians  of  minors 
and  others,  as  by  Executors  and  Administrators  ;  for  re- 
moving  such  doubts, 

BE  it  enacted  by  Uie  Senate  and  House  of  Represen- 
tatives in  General  Court  assembled,  and  by  the  authori- 
ty of  the  samej  That  in  all  cases  where  any  Guardian 
has  been,  or  hereafter  may  be  authorised  by  any  Court 
of  competent  jurisdiction,  to  make  sale  of  real  estate 
belonging  to  the  ward  or  wards  of  such  Guardian,  and 
it  hath  been  or  hereafter  maybe  ordered  by  such  Court, 
that  the  Guardian  so  authorised,  should  give  notice  of 
such  sale  or  sales  by  printing  a  notification  thereof  in 
manner  aforesaid,    and   such    Guardian    hath    com- 


570  TAXES  IN  MARBLEHEAU.     October  id,  1814. 

jtlicd  or  sliall  comply  with  such  order,  the  same  shall 
he  deemed  to  be. equivalent  to  the  posting  up  notifica- 
Proviso.  lions  in  manner  as  before  by  law  prescribed  :  Provided, 
That  this  act  shall  not  extend  to  any  sale  already  made 
in  pursuance  of  any  notice  by  order  of  Court. 

[Approved  by  the  Governor,  October  19,  1814.] 


CHAP.  LXXI. 

An  Act  to  regulate  the  collection  of  Taxes  in  the  town 
of  Marblehead. 

Sec.  1.  _OE  iteymcted  hy  the  Senate  and  House  of 

MepresentativeSf  in  General  Court  assembled,  and  by 

the  authority  of  the  same,  That  from  and  after  the  pas- 

Treas.ire.-  ap-  siug  of  this  act,  the  Trcasursr  of  the  toAvn  of  Marble- 

r'";f  "''"-head  shall  be  the  Collector  of  taxes  in  said  town,  and 

lof  01  taxes.  .  ' 

shall  be,  and  hereby  is  empowered  to  substitute  and  ap- 
point under  him,  such  and  so  many  deputies,  or  assist- 
ants, as  the  service  may  require,  who,  together  with  said 
Collector,  shall  give  bonds  for  the  faithful  discharge  of 
their  duty,  in  such  sum,  and  with  such  sureties,  as  the 
Selectmen  of  said  town  may  approve  ;  and  the  said 
Collector,  and  his  deputy,  or  deputies,  shall  have  the 

Powers.         same  powers  as  are  vested  by  law  in  collectors  of  taxes 
in  other  towns  in  this  Commonwealth,  and  shall  be  sub^ 
ject  to  the  same  duties. 
I  Sec.  S.  Be  it  further  enacted,  That  the  said  Treasu- 

Trcfis nor  to   j.gj.  jjjj^y  igg^e  his  warrauts  to  his  deputy  or  deputies,  for 

issue  wansiit:,       -,-,         .  •,  i       f  jt  l*/  1^7 

collecting  such  part  oi  the  rates  or  assessments  m  said 
town  of  Marblehead,  as  he  shall  think  proper  to  c<5mmit 
to  such  deputy  or  deputies,  which  warrant  shall  be  of 
the  same  tcuor  with  the  warrant  prescribed  to  be  issued 
hy  the  assessors  for  the  collection  of  State  taxes  muta- 
tis mutandis. 

Sec.  3.  Be  it  further  enacted.  That  the  Treasurer  of 

M!.y  roiiect    thc  Said  iowu  of  Marblchcad,  his  deputy  or  deputies, 

|*J""|''*J"^!^,;  shall  be  empowered  to  collect  all  such  taxes  as  may  be 

ii^ttd.  outstanding,  and  uncollected,  at  the  time  of  passing  this 

act, or  at  any  time  of  the  eleetioB  of  Treasurer  hereafter, 


SURGEONS— STABLES.  October  19,  1814.  571 

he  and  his  deputies  having  first  been  duly  qualified  by 
giving  bon<ls  as  aforesaid. 

[Approved  by  the  Governor,  October  19, 1814.] 


LXXXIl. 

An  Act  to  authorise  the  appointment  of  Surgeons  in  cer- 
tain cases. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
Jlepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same^  That  each  battalion  of  cavalry, 
and  each  battalion  of  artillery^  vrithin  tliis  Common- 
wealth, not  attached  to  any  regiment,  shall  be  entitled 
to  one  Surgeon,  to  be  appointed  by  the  commantL-ng^",'|fr'i"s^^^^^ 
officer  of  such  battalion,  and  commissioned  by  tlie  Com-  '^'"s^'^ns- 
mander  in  Chief. 

Sec.  S.  Be  it  further  enacted.  That  iu  each  brigade 
of  tlie  militia  of  this  Commonw^ealth,  where  there  are  jj,.;^.  c.enemi 
or  shall  be  two  or  more  companies  of  infantry,  or  riile-""i'i»''«'f  sui- 
men,  not  attached  to  any  regiment,  there  shall  be  a  Sur-  ^ 
geon,  to  be  appointed  by  the  commanding  officer  of  such 
brigade,    and   commissioned   by   the     Commander   in 
Chief,  for  the  service  of  all  such  companies. 

[Approved  by  the  Governor,  October  19,  1814.] 


An  Aeti  for  regulating  Public  Stables  throughout  the 
Commonwealth. 

CHAP.  LXXIII. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  nf 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  no  building  of  any  kind 
whatsoever,  shall  be  used  or  occupied  as  a  public  or 
livery  stable,  in  any  town  v/ithin  this  Commonwealtli, 
for  the  keeping,  boarding,  hiring  or  letting  of  horses, 
or  other  cattle,  which  building  belonging  to  the  owner 
or  occupier  of  such  public  or  livery  stalde.  shall  be  kept 


572  PUBLIC  STABLES.  October  19,  iSih 

for  storing  of  hay,  unless  all  the  external  sides  and  ends 
Shtiii  be  i.iiiit  of  thereof,  shall  be  built  or  composed  of  stone,  or  brick, 
bnck  or  sione.  ^^^pp^  g^  ^uch  as  uiay  be  necessary  for  doors  and  win- 
dows, and  unless  the  roofs  of  all  such  buildings  shall 
be  covered  with  slate,  tile,  or  some  incombustible  sub- 
stance, or  unless  the  same  shall  be  approved  and  licens- 
ed by  a  majority  of  the  Firewards  in  such  towns  where 
officers  are  chosen,  or  by  a  majority  of  the  selectmen, 
I'i  oviso.  where  Firewards  are  not  chosen  :  Provided  always^  That 
in  case  of  such  denial  of  approbation  and  license  for  any 
building  now  used  and  occupied  as  a  public  or  livery 
stable,  the  owner  or  owners  of  such  building  shall  re- 
ceive a  compensation  for  any  damages  he  may  thereby 
sustain, to  be  recovered  by  such  owner  or  owners,  and 
paid  by  the  town,  in  such  way  and  manner  as  is  provided 
by  law  for  the  recompence  of  any  owner  or  owners  of 
land,  or  buildings,  taken,  or  removed,  for  the  laying 
out,  or  widening,  of  streets,  within  the  said  town  of 
Boston. 

Sec.  2.  Be  it  further  enacted^   That  no  building 
hereafter  erected,   shall  be,  used  as  a  public  or  livery 
near  any  Pubucstable,  or  for  tlic  keeping  or  storing  of  hay,  unless  the 
Buildings.       same  shall  be  at  least  one  hundred  and  thirty  feet  dis- 
tant from  any  meeting-house,  or  other  public  edifice. 

Sec.  3.  Be  it  further  enacted,  That  any  person  or 
persons  who  shall  use  or  occupy  any  building  or  build- 
ings for  the  purposes  aforesaid,  contrary  to  the  true  in- 
Fine  aud  for  tent  and  meaning  of  this  act,  shall  forfeit  and  pay  the 
sum  of  twenty  dollars  for  each  and  every  week  he  or 
she  may  so  occupy  the  same. 

Sec.  4.  Be  it  further  enacted,  That  if  any  person 
shall  have  in  his  or  her  possession  in  any  stable  where 
a  horse  or  horses,  or  other  cattle  or  hay  is  kept,  any 
fire,  lighted  pipe,  cigar,  candle  or  lamp,  unless  the 
^i|?^y.l';e^"same  be  enclosed  in  an  incombustible  lantern  or  other 
eombustibie  lucombustible  vessel,  he  or  she  shall  forfeit  and  pay  for 
each  offence,  a  sum  not  exceeding  fifty  dollars,  nor  less 
than  five  dollars. 

Sec.  5.  Be  it  farther  enacted,  That  it  shall  be  the 
Duty  of  Fue-  <luty  of  cacli  and  every  fireward,  and  selectman,  in  their 
respective  towns,  and  they,  and  each  of  them,  are  here- 
by required  to  inquire  after  and  give  information  of  any 
violations  of  the  provisions  of  this  act,  that  the  same 


I 


latitc 


III. 


vards. 


ENTRENCHING  TOOLS.  October  19,  i814.  57^ 

may  be  prosecuted  in  such  Courts  as  are  proper  to  try 
the  same.  And  all  fines  and  forfeitures  recovered  shall 
be  for  the  use  of  the  town  where  the  offence  is  com- 
mitted. 

Sec.  G.  Be  it  further  enacted,  That  this  act  shall 
be,  and  continue  in  force  in  the  town  of  Boston,  from 
and  after  the  fifteenth  day  of  November  next  ensuing,  ;f"^^.  'o"k  to 
and  in  any  other  town  within  the  Commonwealth, toiU' 
whenever  the  same  shall  be  adopted  by  a  majority  of 
the  inhabitants  in  town  meeting,  legally  assembled, 
and  not  otherwise 

[Approved  by  the  Governor,  October  19, 1814.] 


CHAP.  LXXIV. 

An  Act  to  provide  for  the  safe  keeping  of  the  entrench- 
ing  tools  of  this  Commonwealth. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Itepresentativesin  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  Quarter  Master  Gen- 
eral be,  and  he  is  hereby  charged  with  the  custody 
aud  safe  keeping  of  all  the  spades,  shovels,  pick  axes, 
mattocks,'  crow-bars,  barrows,  and  other  entrenching 
tools  and  implements,  being  the  property  of  this  Com- 
monwealth, and  shall  provide,  at  the  public  expense, 
suitable  store  houses  and  places  of  deposit  for  the  simii  appoint  ' 
same,  when  not  in  actual  use  ;  and  it  shall  be  the  duty   i'"'^"' "f''e- 

/  i'        I  I  i"isit  and  ciuse 

of  said  C(^uarter  Master  forthwith  to  cause  the  same  tom^'iis- 
be  designated  by  suitable  permanent  brands  or  marks, 
in  some  conspicuous  place,  upon  each  tool  or  imple- 
ment, whether  of  wood,  iron  or  other  substance,  that 
the  same  may  be  at  all  times  known  and  designated  as 
the  property  of  this  Commonwealth. 

Sec.  2.  Be  it  further  enacted.  That  any  person  who 
shall  purchase,  retain  or  have  in  his  custody  or  posses- 
sion either  or  any  of  the  tools  or  implements  aforesaid, 
the  same  not  having  been  delivered  to  him  or  them  by 
any  officer  or  officers,  agent  or  agcn  s  of  this  C/mmon- 
wealth,  having  power  and  authority  so  to  deliver  i]\f. 

47  ^ 


57-*  PERSONS'  NAMES,  &c.  October  19,  1814. 

same,  shall  be  taken  and  deemed  to  be  guilty  of  a  mis- 
demeanor, and  shall  be  liable  to  be  punished  tlieiefor, 

Punishment  by  b^  fine,  Hot  excecdiug  ten  times  the  just  value  of  such 

^"'-  article. 

[Approved  by  the  Governor,  October  19*  1814.] 


CHAP.  LXXV. 

An  Act  to  alter  and  chan2;e  the  names  of  certain  persons 
therein  mentioned. 


^E  it  enacted  %  the  Senate  and  House  of 
Jlapresentatives  in  Gnipval  Court  assembled^  and  by  the 
authority  of  the  same,  Tiiat,  from  and  after  the  passing 
of  this  act,  .Joseph  Adams,  of  the  late  firm  of  Johnson. 
&  Adams,  of  Boston,  in  the  county  of  Suffolk,  shall  be 
Names  altered.  n,llowed  to  take  thc  uamc  of  .loseph  Henry  Adams  : — 
That  Thode  Coats,  of  Middlefield,  in  the  county  of 
Hampshire,  shall  be  allowed  to  take  the  name  of  The- 
odore Cxmts.  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  tjike  and  assume  as  aforesaid  ; 
and  the  said  names  shall  forever  hereafter  be  consider- 
ed as  their  only  proper  and  legal  names,  to  all  intents 
and  purposes. 

[Approved  by  the  Governor,  October  19i  1811.] 


CHAP.  LXXVI. 

An  Act  empowering  the  Firewards  of  the  town  of  Bos- 
ton, to  permit  the  building  of  Stables,  and  of  Gun- 
houses,  in  certain  cases. 

Xj  E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  ass^mbled^  and  by  the 
authority  of  the  same^  That  the  Firewards  of  tlic  town 
of  Boston   be,  and  they  hereby  are  authorised  and  em- 


ESTAB.  MILITARY  CORPS.     October  ^0,  i^iA^.  57,^ 

powered  to  permit  Stables  to  be  built  of  brick,  and  pro- 
perly slated,  on  land  owned  by  Benjamin  French,  Jon- 
athan Lo\  ejoy,  and  Oliver  C.  W^yman,  and  otiiers,  situ- 
ate in  Back- street,  in  said  town  ;  and  on  land  oMned 
by  Mary  White,  and  situate  near  Marlborough-street 
and  Hawley-street,  in  said  town,  and  also  to  permit  the 
continuance  of  any  Gun-houses,  which  are  now  erected 
within  said  t«)wn,  on  such  terms  and  conditions  as  the 
said  Fiiewards  may  find  to  be  consistent  witii  the  safe- 
ty of  said  town  from  fire,  any  law  to  the  contrary  not- 
withstanding. 

[Approved  by  the  Governor,  October  19,  181-1.] 


CHAP^LXXVIl. 

An  Act  to  establish  a  Military  Corps  for  the  defence  of 
the  Commonwealth  of  Massachusetts. 

Sec.  1.  X5E  it  enacted  by  the  Senate  and  House  of 
llepresentdtices  in   General  Court  assembled,  and  by 
the  authority  of  the  same,  That  his  Kxcellency  the  Go- 
vernor and  Commander  in  Chief  of  the  Militia  of  this 
Commonwealth,  with  the  advice  of  Council,  be,  and  he 
hereby  is  autliorised  and  empowered  to  raise  by  volun- 
tary enlistments,  under  such  regulations  as  he  may  pre- 
scribe, a  Military  Cor[)s,  not  exceeding  in  rank  and 
file  ten  thousand  men,  for  the  defence  of  this  State,  dur-  ril?sU^t"nVhmt. 
ing  the  present  war,  unless  sooner  discharged  by  the^ 
Commander  in  Chief  ;  that  said  Military  Corps  shall 
consist  of  ten  regiments — eight  of  infantry,  and  two  of 
artillery,  to  be  formed  into  brigades   and  divisions,  as 
the  Commander  in  (  hief  may  direct  ;  that  each  regi- 
ment of  infantry  shall  consist  of  eight  companies  of  in- 
fantry, one  company  of  light  infantry,  and  one  company 
of  rifiemen  ;  and  tha*^  each  company  be  composed  of 
one  Captain,  two  Lieutenants,  one  Ensign,  five  Ser- 
geants, four  Corporals,  four  Musicians,  and  ninety-six 
Privates  ;  that  each  regiment  of  artillery  shall  consist 
of  ten  companies,  and  that  each  company  shall  be  com- 
posed of  one  Captain,  three  Jjieutenants,  five  Sergeants, 


,  sand  men. 


576  EfiTAB.  MILITAllY  CORPS.      October  20, 1814, 

four  Corporals,  four  Musicians,  eighty-eight  Privates, 
and  six  Drivers  :  and  that  one  half  of  each  regiment 
f/«alairy*.°''^^  of  artillery,  shall  be  composed  of  horse  artillery,  which 
at  the  pleasure  of  the  Commander  in  Chief,  shall  act 
also  as  cavalry. 

Sec.  3.   Be  it  further  enacted,  That  to  each  res;iment 
Officer?  com-  thcrc  sliall  bc  one  Lieutenant  Colonel  and  two  Majors, 
Tni'^  siaff'^"  and  that  the  Regimental  Staff  shall  consist  of  one  Ad- 
jjitaut,  one  Quarter  Master,  one  Pay  Master,  one  Chap- 
lain, one  Surgeon,  two  Surgeon's  Mates,  two  Sergeant 
Majors,  one   (Quarter  Master's    Sergeant,  one  Drum 
Major,  and  one  Fife  Major.     All  the  Regimental  Staff 
^TT"/"'     shall  be  appointed  by  the  Lieutenant  Colonels,  except- 
pointeribv  ih    iug  Pay  Masters,  Chaplains  and  Surgeons,  the  two  lat- 
Lt.Cjioneit.    ^g^,  ^j  which  shall  he  appointed  by  the  Commander  in 
Chief,  with  the  advice  of  Council  ;  the  Paj'  Master  of 
each  regiment  shall  he  chosen  by  a  majority  of  the  writ- 
ten votes  of  the  commissioned  officers,  including  the 
Field  and  the  Staff  of  each  regiment  respectively,  and 
commissioned  by  the  Commander  in  Chief,  who  shall 
require  of  the  respective  Paymasters   such  bonds,  with 
sureties,  as  he  may  think  proper,  with  condition,  faith- 
fully to  perform  the  duties  of  their  respective  offices. — 
Captain  to  ap-Xhc  Captaius  of  companies  shall  appoint  their  non- 

point  non-com-  .1  1  iji  x' 

missioned  offi- commissioued    oincers,    and  the  Lieutenant   Colonels 
*^^"'  shall  issue  warrants  to  the  Sergeants. 

Sec.  3.  Be  it  further  enacted,  That  one  of  said  regi- 
ments of  infantry,  to  be  called  the  first  regiment  of  in- 
fantry, and  one  of  the  said  regiments  of  artillery,  to  be 
Two  regiments  called  thc  first  regimcut  of  artillery,  shall  be  immedi- 
Sateit^'ralseT^^^^y  raiscd  and  called  into  actual  service,  pursuant  to 
such  orders  as  the  Commander  in  Chief  may  issue,  and 
shall  be  stationed  and  employed  as  he  may  direct. 

Sec.  4.  Be  it  further  enacted,  That  the  remaining 
seven  regiments  of  infantry,  which  shall  be  numbered 
by  the  Commander  in  Chief,  and  the  other  regiment 
of  artillery,  which  shall  be  called  the  second  regiment 
of  artillery,  shall  be  immediately  raised  either  by  volun- 
Gov.  to  accept  (ary  enlistment  as  aforesaid,  or  by  such  volunteer  corps 
unteers/  ^° '  as  the  CommaudcT  in  Chief,  with  the  advice  of  Coun- 
cil, may  think  fit  to  accept,  should  any  such  corps  ten- 
der their  services  ;  that  said  regiments  shall  be  forth- 


EST\B.  MILITARY  CORPS.     Octoher^O,iSi4<.  577 

with  armed  and  equipped,  and  prepared  for  actual  ser- 
vice, to  march  at  a  moment's  warning,  and  shall  be 
called  out  for  discipline,  at  such  places,  and  on  such 
days,  as  the  Commander  in  Chief  may  designate  ;  and 
when  called  into  actual  service,  shall  be  stationed  and 
employed  as  he  may  direct  ;  and  that  the  non  commis- 
sioned officers  and  privates,  who  may  enlist  in  the  said 
regiments,  or  volunteer  their  services,  shall,  during  the 
terra  of  their  enlistment,  be  exempted  from  the  per- "^'^^^JU^^*^ 
formance  of  militia  duty.,  and  from  the  payment  of  poll pjii taxes. 
taxes. 

Sec.  5.  Be  it  further  enacted^  That  the  pay,  rations, 
clothing,   and  other  stated  monthly  emoluments  of  the 
said  first  regiment  of  infantry,  and  of  the  first  regiment 
of  artillery,  be  the  sime  in  all  respects  as  are  uow  al- 
lowed to  officers  and  members  of  similar  corps,  of  like  p,^   i^tions 
rank,  in   the  actual  service  of  the  United  States  ;  and^t"'i""5^- ^c* 
that  the   pay^  and  rations  of  the  eight  remaining  regi-  te"i  suus."'* 
ments  shall  be  the  same  as  the  pay  and  rations  afore- 
said,  during  the  time  they  shall  be  called  out  for  dis- 
cipline ;  and  when  em))odied  for  actual  service,  they 
shall  be  entitled  to  all  the  emoluments  and  clothing  as 
aforesaid  ;  and  in  case  of  wounds  or  disability,  receiv- 
ed while  in  the  service  of  the  State,  they  shall  receive 
the  same  compensation  as  is  allowed  to  the  wounded 
and  disabled  troops  of  the  United  States. 

Sec.  6  Be  it  further  enacted.  That  the  Commander 
in  Chief  with  the  a'Vice  of  Council,  be,  and  he  hereby 
is  authorised  and  empowered  to  appoint  and  commission  <^f>v.  to  appoint 

M'        d~^  ix  !•  •!  and  com  mis- 

ajor  Ixenerals  to  command  m  said  corps  assionofficeis. 

lie  may  think  necessary,  not  exceeding  two  ;  and  as 
many  Brigadier  Generals  as  he  may  think  necessary, 
not  exceeding  four  ;  and  that  he  shall  appoint  and  com- 
mission all  Field  and  Company  officers,  and  shall  issue 
commissions  to  all  officers  entitled  thereto  ;  that  each 
Major  General  be  entitled  to  two  Aids-de  Camp,  and 
each  Brigadier  General  to  one  Aid -de- Camp,  to  be 
nominated  by  their  respective  principals,  and  if  appro- 
vedvby  the  Commander  in  Chief,  commissioned  by  him  ; 
the  Aids-de-Camp  of  Major  Generals  with  the  rank  of 
Major,  and  the  Aid-de-Camp  of  Brigadier  Generals 
with  the  rank  of  Captain  ;  that  the  Commander  in  Chief 


578  SETTLEMENT  OF  ACT'S.       October  SO,  1814. 

shall  a|3point  and  commission  all  such  other  staff  offi- 
cers, whether  for  divisions  or  hrigades,  as  he  may  deem 
necessary  for  good  order  and  discipline  ;  and  that  the 
Commander  in  Chief  make  all  such  arran2;ements  in 
the  (Quarter  Master's,  Commissary's  and  Medical  de- 
partments, as  the  good  of  the  service  may,  in  his  judg- 
ment, require  ;  and  make  all  the  requisite  appointments 
of  officers  for  organizing  the  same  and  commission  them 
aecordingly. 

Sf:c.  7.  Be  it  further  enacted.  That  the  Commander 
Gov  to  pre-    in  Chief  with  the  advice   of  Council,  be,  and  he  here- 
scribcunitoiin  jjy  jg  empowcrcd  to  prescribe  the  uniform  of  said  regi- 
ments, and  the  manner  in  which  they  shall  be  several- 
ly armed  and  equipped. 

Sec.  8.  Be  it  further  enacted,  That  the  aforesaid 
Military  Corps,  and  all  the  officers  and  members  there- 
to'ni'iesaiSre-**^'  ^^^^^^  '^^  govcmcd  by,  aud  be  subject  to  the  rules  and 
gjiatioBs.        articles  established  and  declared  tc  be  in  force,  for  go- 
verning all  troops  stationed  in  forts  and  garrisons  with- 
in this  Commonwealth  ;  and  also  the  militia,   or  any 
part  thereof,  wlien  called  into  actual  service,  passed  on 
the  twenty-fourth  day  of  October,  in  the  year    of  our 
liord  one  thousand  seven  hundred  and  eighty-six. 
[Approved  by  the  Governor,  October  l^O,  1814.] 


CHAP.  LXXVIIT. 

An  Act  in  addition  to  an  act,  entitled  '^  An  act  to  pro- 
vide  for  the  set  lement  of  accounts  for  military  ser- 
vices and  supplies." 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  his  Excellency  the  Go- 
Cov  to  api.oint  vernor,  with  advice  of  Council,  shall  appoint  two  suita- 
peisons.  Die  pcrsous,  lu  addition  to  the  three  persons  to  be  ap- 
pointed in  virtue  of  an  act,  entitled  an  act  to  provide 
for  the  settlement  of  accounts  for  military  services  and 

1  •  * 

supplies,  and  the  same  to  remove  at  pleasure,  and  ap- 
point others  in  their  stead  ;  and  the  five  persons  thus 


SETTLEMENT  OF  ACT'S.       October  20, 1814.  579 

appointed  shall  constitute  and  be  denominated  a  l^oard 
of  War,  who  sliall  perforin  and  execute  such  duties,  as 
shall,  fr(»m  time  to  time,  he  enjoined  on  or  entrusted  to 
them  by  the  Governor  of  the  Commonwealth,  agreeably 
to  the  Constitution,  relative  to  military  commissions,  or 
to  the  land  and  naval  forces,  ships,  or  warlike  stores  of 
this  Commonwealth  ;  or  to  such  other  matters  respec- 
ting military  or  naval  affairs,  as  the  Governor  shall  as- 
sign to  said  lioard.  And  tlie  said  Board  of  War  shall  \ccountant. 
iiave  authority  to  choose  one  person  from  their  number, 
whose  peculiar  province  it  shall  be,  to  perform  all  the 
duties  in  relation  to  receiving,  adjusting  and  settling 
accounts,  which  are  prescribed  in  the  act  to  which  this 
is  in  addition  ;  and  they  shall  also  have  authority  to 
ciioosc  one  person  from  their  number,  whose  peculiar 'Vms'tp'- 
province  it  shall  be,  to  pay  all  such  accounts  as  shall "md!"'  ° 
be  duly  adjusted  and  settled,  who  shall  give  bond  to 
the  Treasurer  of  this  Commonwealth,  with  sufficient 
sureties  to  be  approved  by  the  Governor  and  Council, 
conditioned,  that  he  will  faithfully  pay  over  all  such 
suras  of  money  as  may  come  to  his  hands,  and  do  and 
perform  all  the  duties  enjoined  upon  liim  by  virtue  of 
this  act. 

Sec.  S.  Be  it  further  enacted,  That  in  case  of  dis- 
agreement between  any  persons  presenting  accounts  for 
adjustment  and  allowance,  and  the  person  appointed  rtoani  r.f  Wai- 
to  audit  the  same,  such  accounts  shall  be  submitted  to  '",?S^^''^, 

'  ceiue  account?. 

the  whole  Board,  whose  duty  it  shall  be  to  revise,  ad- 
just and  iinally  settle  the  same. 

Sec.  3.  Be  it  further  enacted,  That  the  Governor, 
with  advice  of  Council,  may  draw  his  warrants  on  the^^v  to  th-^w 
Treasury,  from  time  to  time,  in  favour  of  the  person 
who  shall  be  appointed  to  pay  the  same;  which  money 
shall  remain  in  tiie  hands  of  said  Paymaster,  subject 
to  such  orders  as  shall  be  drawn  upon  him  by  the  Au- 
ditor, from  time  to  time,  in  favour  of  those  whose  ac- 
counts shall  be  allowed.  And  the  said  Paymaster 
shall  also,  from  time  to  time,  exhibit  his  accounts  to 
the  Auditor  for  settlement  ;  and  the  sam«5  shall  be  sta- 
ted and  allowed  by  him,  and  afterwards  revised  by  the 
said  Board,  or  a  majority  of  them. 


warraiiLS. 


i?80  SOCIAL  LAW  LIBRARY.  October  20,  1R14. 

Sec.  4.  Be  it  further  enacted,  That  each  of  saict 
Commissioners  shall  be  entitled  to  receive  as  a  com- 
SaisryotCom-pensation  for  his  services,  one  thousand  dollars  annual- 
missioncis.  J^^  during  the  time  of  their  continuance  in  office  ;  and 
the  person  '.vho  shall  be  appointed  Auditor,  shall  be  en- 
titled to  receive  faur  hundred  dollars  annually,  in  ad- 
dition  to  the  compensation  made  to  the  other  members 
of  the  Board 

Sec.  5.  Be  it  further  enacted,  That  the  said  Board 

Board  ot Wai  may  appoiut  a  Secretary,  and  such  number  of  Clerks, 

Se^Jieury  "aud  not  exceeding  thrcc,  as  they  may  find  necessary,  and  to 

Clerks.         make   them   a    reasonable     compensation     for    their 

services. 

Sec.  6.  Be  it  further  enacted,  That  this  act  shall 

continue  in  force  till  the  end  of  the  next  session  of  the 

General  Court,  and  no  longer ;  and  that  so  much  of  the 

above  recited  act,  as  may  be  contrary  to  the  provisoii 

Act  in  part  re- of  this  act,  shall  bc,  and  the  same  hereby  is  repealed. 

pealed.  [Approved  by  the  Governor,  October  20,  1814.] 


CHAP.  LXXIX. 

An  Act  to  incorporate  the  Proprietors  of  the  Social 
Law  Library. 


Sec.  1.  XS^  i^  enacted  by  the  Senate  and  House  of 
llepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same, '^iihsit  WiWisim  Vreacoit  and  Jo- 
poraied.  ""^"'scph  Hall,  together  with  their  associates,  being  the  Pro- 
prietors of  a  certain  Library  called  and  known  by  the 
name  of  The  Social  Law  Library,  in  the  town  of  Bos- 
ton, and  such  other  person  or  persons,  as  shall  hereaf- 
ter be  admitted  members  of  said  A,ssociation,  according 
to  the  rules,  orders  and  conditions,  which  shall  or  may 
from  time  to  time  be  established  by  the  bye-laws  and 
regulations  of  the  Corporation  herein  after  created, 
shall  forever  hereafter  be,  and  they  are  hereby  cre- 
ated a  body  politic  and  corporate,  by  the  name  of  The 
Proprietors  of  the  Social  Law  Library  ;  and  by  the 
said  name  shall  sue  aad  be  sued,  plead  and  be  implead- 


SOCIAL  LAW  LIBRARY.         October  2i,i8i^.  581 

ed,  defend  and  be  defended,  in  all,  or  any  Court  or 
Courts  of  law,  or  elsewhere,  in  all  manner  of  actions, 
suits,  pleas,  or  controversies  whatsoever;  and  in  their 
said  corporate  capacity,  by  their  said  name,  they  and 
their  successors  shall  be  capable  to  purchase,  receive, 
have,  hold,  take,  and  enjoy,  in  fee  simple,  or  other- 
wise, lands,  rents,  tenements,  and  hereditaments  ;  and 
likewise  to  take,  receive,  and  hold  by  donation,  sub- 
scription, bequest,  or  otherwise,  money,  goods,  cliat- 
tels,  and  personal  property,  and  the  same  to  give, 
grant,  sell,  and  dispose  of  at  their  pleasure,  so  that 
the  real  and  personal  estate  aforesaid,  and  the  income 
and  proceeds  thereof,  shall  at  all  times  be  appropri- 
ated to  the  purposes  of  creating,  enlarging,  managing, 
and  improving  said  Library;  jirovided  nevertheless,  VroviQ. 
that  the  said  Corporation  shall  at  no  titne  have  or  hold 
lands,  rents,  tenements,  or  hereditaments,  for  any 
other  purpose  than  shall  be  necessary  for  the  safe 
keeping  and  suitable  accommodations  of  said  Library, 
not  exceeding  in  value  twenty  thousand  dollars  ;  and 
the  said  Corporation  shall  have  power  to  have  and 
use  a  common  seal,  and  to  alter,  change,  and  renew 
the  same,  whenever  they  shall  think  the  same  expe- 
dient. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Cor- 
poration shall  have  full  power  and  authority,  to  de- 
termine at  what  times  and  places  their  meetings  shall  <imesan<ipi«f 
be  holden;  and  on  the  manner  of  notifying  the  associ- ''"  °' '"^•'""^ 
ates  or  proprietors  to  convene  at  such  meetings ;  and 
they  shall  have  power  to  order  and  lay  assessments 
upon  the  proprietors  ;  to  elect,  once  in  every  year,  or 
oftener,  from  amongst  the  said  proprietors,  such  offi- 
cers, with  such  powers  as  they  may  think  expedient ; 
and  also  to  ordain  and  enact  any  bye-laws  for  the 
due  and  orderly  government  of  said  Corporation,  and 
for  conducting  the  aflFairs  thereof,  and  for,  and  con- 
cerning all  matters  and  things  relating  to  said  Corpo- 
ration, and  the  same,  at  pleasure,  to  alter,  amend,  and 
repeal ;  Provided  That  such  |)owers  vested,  and  bye-  P'"^''"" 
laws  enacted,  shall  not  be  repugnant  to  the  Constitu- 
tion and  laws  of  this  Commonwealtli, 


583  SOCIAL  LAW  LIBRARY.         October  21,  1814. 

Sec.  3.  Be  it  further  enacted,  That  for  the  pur- 
pose of  giving  a  more  effectual  sanction  to  said  bye- 
laws,  the  said  proprietors  shall  have  power  to  impose 
Fines.  fiues,  Dot  excccdiug  five  dollars,  for   the  non-fulfil- 

ment or  breach  of  the  said  bye-laws ;  and  that  for  the 
recovery  thereof,  the  said  Corporation  shall   have  a 
suitable  remedy  by  action  at  law,  in  any  Court  within 
this  Commonwealth  proper  to  try  the  same.     And  the 
said  Corporation  shall  have  further  power  to  suspend 
the  right  of  any  proprietor  to  the  use  of  the  said  Li- 
brary, as  a  penalty  for  the  breach  of  said  bye-laws, 
or  any  of  them  ;  and  likewise  to  sue  for,  and  recover^ 
any  assessment  duly  imposed  on  the  proprietors. 
Sec.  4.  Be  it  further  enacted.  That  the  right,  in- 
Piopiietor's    tcrest,  and  property,  v/hieli  each  of  the  said  proprie- 
right.  ^Qj.g  ^Y^f\  associates  shall  be  deemed  and  taken  to  have 

in  said  Corporation,  shall  be  the  use  and  benefit  of 
the  said  Library,  according  to  the  rules  and  regula- 
tions established  by  the  bye-laws  of  the  said  Corpora- 
tion, for,  and  during  the  term  of  his  natural  life  ;  but 
the  said  shares  shall  be,  and  hereby  are  declared  to 
be,  not  alienable  or  transferable. 

Sec.  5.  Be  it  further  enacted,  That  tlie  Governor, 
Gov.  kc.  ma\  Lieutenant  Governor,  and  the  Members  of  the  Coun- 
Llbrar)-."^"  '"  cil  of  this  Commonwealth,  at  all  times,  and  the  Mem- 
bers of  the  Senate,  and  House  of  Representatives, 
during  any  session  of  the  General  Court,  shall  have 
free  access  to,  and  the  full  and  entire  use  and  enjoy- 
ment of  the  said  Library,  and  all  the  privileges  and 
advantages  thereof,  free  of  expense,  under  the  same 
regulations  as  may  be  provided  by  the  bye-laws  of  the 
said  Corporation,  for  the  proprietors  thereof;  and  the 
Judges  of  the  Supreme  Judicial  Court,  and  of  all  the 
Judicial  Courts  of  the  County  of  Suffolk,  and  of  the 
Courts  of  the  United  States,  together  with  the  Attor- 
ney General,  and  Solicitor  General,  and  the  Reporter 
of  the  Judicial  Decisions  of  the  Supreme  Judicial 
Courts  of  this  Commonwealth,  and  the  Attorney  of 
the  United  States  for  the  District  of  Massachusetts, 
shall  at  all  times,  under  the  like  regulations,  have  fre& 
access  to,  and  the  free  use  and  enjoyment  of  the  said 
Library^  free  of  any  expense. 


SOCIAL  LAW  LIBRARY.         October'  SI,  1814.  583 

Sec.  6.  Be  it  further  enacted,  TJiat  for  the  pur- 
pose of  enabling  said  Corporation  to  enlarge,  increase, 
improve,  and  manage  said  Library,  and  to  effect  the 
laudable  objects  contemplated  by    said  Corporation, 
there  be,  and  hereby  are  granted  and  appropriated  toM.nev  appro- 
said  Corporation,  all  sums  of  money,  which  may  be^,  .y5^[|*L,^,'^;^ 
hereafter  paid  by  way  of  tax  or  excise,  by  all  persons'."- 
admitted  to  practice  as  Attornies,  in  the  Boston  Court 
of  Common  Pleas,  in  the  County  of  JSiiffolk  ;  and  the 
County  Treasurer  for  the  County  of  Suffolk,  is  here- 
by authorized  and  directed  to  account  with,  and  pay 
over  to  the  Treasurer  of  the  said  Corporation,  or  any 
other  officer  or  officers,  pers(m  or  persons,  duly  au- 
thorized by  said  Corporation,  to  receive  the  same,  the 
monies  aforesaid,  hereby  granted  and  appropriated. 

Sec.  7-  But  whereas  doubts  have  arisen,  whether 
the  tax  or  excise,  by  law  payable  by  attornies,  on  ad- 
mission to  the  Circuit  Court  of  Common  Pleas,  be  ex- 
tended to  the  Boston  Court  of  Common  Pleas,  Be  it 
therpfore  further  enacted,  That  every  person  admit- 
ted as  an  Attorney  to  the  Boston  Court  of  Common 
Pleas,  be  required  to  pay  to  the  Treasurer  of  the  ^""[."'^^  *^''. 
County  of  Suffolk,  the  same  sum  which  is  by  law 
payable  in  ether  Counties,  on  admission  to  the  Circuit 
Court  of  Common  Pleas,  and  procure  and  produce  to 
the  Court,  said  County  Treasurer's  receipt  therefor. 

Sec.  8.  Be  it  further  enacted^  That  there  be  grant- 
ed and  appropriated  to  said  Corporation,  one  copy  of 
the  general  and  special  Laws  and  Resolves  of  this 
Commonwealth,  of  the  Ancient  Charters,  of  the  Mas- 
sachusetts  Reports,  and  of  the  Laws  of  the  United 
States,  now  on  hand,  to  be  delivered  by  the  Secretary 
of  the  Commonw  ealth  to  the  Librarian  of  the  said  Cor- 
poration, or  other  person  authorized  to  receive  the 
same;  and  the  said  Secretary  is  in  like  manner  an- s.c>  to  fnr. 
thorized  to  deliver  to  such  Librarian  or  other  person "".'{, ',''''""i\. 

•  i»  IX  i"»i  iTi  witn  laws,  ccC, 

two  copies  of  such  Laws,  Resolves,  public  documents, 
and  reports,  as  may  be  hereafter  published,  or  pro- 
cured for  the  use  of  the  Commoawealtli,  to  be  preserv- 
ed in  said  I-«ibrary. 


584!  SOCIAL  LAW  LIBRARY.         October  21,  1814, 

Sec.  9.  Be  it  further  enacted,  That  the  said  Will- 
iam Prescott,  and  Joseph  Hall,   or   either  of  tliera, 
May  call  mec- shall  havc  power  to  call  the  first  meeting  of  saidCor- 
"'^'  poration,  by  advertising  the  same,  seven  days  at  least, 

before  the  day  of  such  meeting,  in  some  newspaper, 
printed  in  tie  town  of  Boston,  at  which  meeting  the 
said  proprietors  may  proceed  to  execute  any,  or  all 
the  powers,  vested  in  them,  by  this  act. 

[Approved  by  the  Governor,  October  21,  1814.] 


1^: 


LAWS 


OF  THE 

COMMONWEALTH  OF  MASSACHUSETTS, 

passed  by  the  general  court, 

at'thb  session,  commencing  on  the  eighteenth  day  of 
january,  and  ending  on  thb  first  day 

OF  MARCH,  1815. 


CHAP.  LXXX. 

An  Act  to  authorize  the  Suffolk  Insurance  Company 
to  reduce  its  capital  stock. 

Sec.  1.  XjE  if  enacted  bij  fJie  Senate  and  House  of 
Jlepresentatives  in  General  Court  assembled^  and  by 
the  authornty  of  the  same,  That  the  Suffolk  Insurance 
Company  be,  and  they  hereby  are  authorized  to  re- .^''jjjj^jj^^ 
duce  the  capital  stock  of  the  said  Corporation,  to  one 
hundred  thousand  dollars,  and  to  divide  the  excess 
among  the   Stockholders,  in  proportion  to  their  re- 
spective shares,  in  such  way  and  manner  as  a  major 
part  of  the  Stockholders,  at  a  meeting  to  be  called  for 
that  purpose,  shall  decide  ;  and  that  in  estimating  the 
value  of  the  property  to  be  retained  by  said  Corpora- 
tion, regard  shall  be  had  to  its  specie  cost:  Provided^'^°''T' 
Jioicever,  That  the  said  corporation  shall  never  take 
any  sum,  upon  any  one  risk,  exceeding  ten  per  cent- 
um on  the  amount  of  the  capital  so  reduced. 

Skc.  2.  Be  it  further  enacted^  That  Epes  Sargent, 
Esq.  President  of  said   Corporation,  be,  and  he  is 


&86  MASSA.  F.  I.  COMPANY.       January  28,  1815. 

May  call  meet  hereby  empowered  to  call  a  meeting  of  the  Stockhold- 
'"^  ers  of  said  Corporation,  for  the  purpose  aforesaid,  to 

be  holden  at  the  office  of  said  Corporation,  on  the  first 
Monday  of  February  next,  at  eleven  o'clock  in  the 
forenoon,  by  notification  in  one  of  the  newspapers, 
printed  in  the  town  of  Boston,  seven  days  at  least, 
before  the  said  day  of  meeting. 

[Approved  by  the  Governor,  January  28,  1815.] 


CHAP.  LXXXI. 

An  Act  to  continue  in  force  an  act,  entitled  ^'  An  act 
to  incorporate  sundry  persons,  by  the  name  of  the 
Massachusetts  Fire  Insurance  Company,"  and  also 
the  several  acts  in  addition  thereto. 

JjE  it  enacted  hy  the  Senate  and  House  of 
Hepresentatives,  in  General  Court  assembled ,  and  by 
the  authority  of  the  same.  That  the  act  entitled  "  An 
act  to  incorporate  sundry  persons,  by  the  name  of  the 
Massachusetts  Fire  Insurance  Company,"  passed  the 
twenty-fifth  day  of  June,  in  the  year  of  our  I^ord  one 
thousand  seven  hundred  and  ninety-five,  and  also  an 
act  entitled  "  An  act  in  addition  to  an  act,  entitled  an 
act  to  incorporate  sundry  persons,  by  the  name  of  the 
Massachusetts  Fire  Insurance  Company,"  passed  the 
thirteenth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  ninety-nine,  and  a: so 
an  act  entitled  "  An  act  in  addition  to  an  act,  entitled 
an  act  in  addition  to  an  act  to  incorporate  sundry 
persons,  by  the  name  of  the  Massachusetts  Fire  In- 
surance Company,"  passed  on  the  third  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  six,  and  the  powers  and  privilei^es,  granted  by 
Acts  to  remain  thc  Said  acts  respectively,  shall  be,  and  remain  in  full 
force,  for  the  space  of  twenty  years,  from  the  twenty- 
fifth  day  of  June,  one  thousand  eight  hundred  and  fif- 
teen, any  thing  in  either  of  the  acts  aforesaid  to  the 
contrary,  notwithstanding. 

[Approved  by  the  Governor,  January  28,  1815.] 


aTOUGHTON  FACTORY.  Feh,  %,  1815.  587 


CHAP.   LXXXII. 

An  Act  to  incorporate  the  Stoughton  Woollen  and  Cot- 
ton Manufacturing  Company. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House 
fif  Representatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That.Kezekiah  Gay,  Be-  Persons  incoi'- 
thuel  Drake,  jun.  Lemuel  Gay  and  John  Gay,  with^'*''""' 
such  other  persons  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 
Stoughton  Woollen  and  Cotton  Manufacturing  Compa- 
ny, for  the  purpose  of  manufacturing  woollen  and  cot- 
ton goods,  at  Stoughton,  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  on  the  third  day  of  March, 
in  the  year  of  our  Lord  oue  thousand  eight  hundred 
and  nine,  entitled,  '♦  An  act  defining  the  general  pow- 
ers and  duties  of  Manufacturing  Corporations." 

Sec.  2.  Be  it  further  enacted,  That  said  Corpora- 
tion may  be  lawfully  seized  of  such  real  estate,  not 
exceeding  the  value  of  fifty  thousand  dollars,  and  sucii  May  iiau  real 
personal  estate,  not  exceeding  the  value  of  seventy  gg||,j'^^'^*'""*' 
five  thousand  dollars,  as  may  be  necessary  and  con- 
venient for  establishing  and  carrying  on  the  manufac- 
ture  of  woollen  and  cotton  goods,  at  Stoughton  afore- 
said. 

[Approved  by  the  Governor,  February  2,  1815.] 


CHAP.  LXXXIIL 

An  Act  further  continuing  in  force  an  act  providing; 
for  the  appointment  of  a  Reporter. 

JljE  it  enacted  by  the  Senate  and  Jlouse 
of  Bepresentatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same,  That  an  act  entitled  "  An 


S88  BRTDGEWATEll  FACTOllY.  Feb,  2,  1815,. 

act  providing  for  the  appointment  of  a  Reporter  of  De- 
cisions in  the  Supreme  Judicial  Court/'  passed  on  the 
eighth  day  of  Marcli,  in  the  year  of  our  Lord  one  thou- 
sand ei2;ht  hundred  and  four,  and  continued  in  force, 
by  two  subsequent  acts  until  the  eighth  day  of  March, 
one  thousand  eight  hundred  and  fifteen,  together  with 
all  the  provisions  therein  contained,  be,  and  the  same 

Act  further     RVG  hereby  further  continued  in  force,  until  repealed 

conunuedin    y^^  ^^iG  Legislature. 

[Approved  by  the  Governor,  February  3,  1815.] 


CHAP.  LXXXIV. 

An  Act  to  establish  a  Cotton,  Woollen  and  Linen  Fac- 
tory Company  in  the  west  precinct  in  Bridgewater. 

Sec.  1.  jLjE  it  enacted  by  the  Senate  and  House, 
of  Rejjresentatives  in  General  Court  assembled,  and 
by  the  authority  of  the  same*  That  Daniel  Howard, 
Persons  incor- Edwin  Howard,  Epln-aim  Edson,  Benjamin  B.  llow- 
poiatetj.  ^Y^^  George  Howard,  3d,  Asa  Briggs,  Nahum  Leon- 
ard. Greanleaf  Pratt,  Jonathan  Wentworth  and  Charles 
Howard,  their  successors  and  assigns,  be,  and  they 
hereby  are  made  a  Corporation,  by  the  name  of  West 
Factory  Company,  for  the  purpose  of  manufacturing 
cotton,  woollen  and  linen  yarn  and  cloth,  in  the  west 
precinct  in  Bridgewater ;  and  for  that  purpose  shall 
have  all  the  powers  and  privileges,  and  shall  be  sub- 
ject to  all  the  duties  and  requirements,  prescribed  in 
an  act  entitled,  "  An  act  defining  the  general  powers 
and  duties  of  Manufacturing  Corporations,'*  passed  on 
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  Corpora- 
tion, in  their  corporate  capacity,  shall,  and  may  law- 
May  h.ii  real  fully  hold  aud  possess  such  real  estate,  not  exceeding 
euaie?^^"^  fifty  thousand  dollars,  and  personal  estate,  not  exceed- 
ing one  hundred  thousand  dollars,  as  may  be  neces- 
sary and  convenient  for  carrying  on  said  manufacture. 
iu  their  various  branches  as  aforesaid. 

[Approved  by  the  Governor,  February  3, 1813.] 


COTTON  MANUFACTORIES.  Feb.  %  1815.  ^9 

CHAP.  LXXXV. 

An  Act  to  establish  The  Stow  Cotton  Manufactory. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same.  That  Silas  Jewell,  Abraham  Ran-  Persons  in- 
dall,  jun.  William  Tro])ri(lge,  and  Winslow  Dunton,  corporated. 
together  with  such  other  persons  as  may  hereafter  asso- 
ciate with  them,  their  successors  and  assigns,  be,  and 
they  hereby  are  made  a  corporation,  by  the  name  of  The 
Stow  Cotton  Manufactory,  for  the  purpose  of  manufac- 
turing cotton  yarn  and  cloth  in  the  town  of  Stow,  in  the 
county  of  Middlesex  ;  and  for  that  purpose  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the 
duties  and  requirements  contained  in  an  act,  entitled  ^'Au 
act  defining  the  general  powers  and  duties  of  Manufac- 
turing Corporations,"  passed  on  the  third  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
nine. 

Sec.  2.  Be  it  further  enacted.  That  the  said  Corpo-  ^j^  hold  re. 
ration  may  be  lawfully  seized  and  possessed  of  such  real  ai  and  perso- 
estate,  not  exceeding  the  value  of  thirty  thousand  dol-  "aiesute. 
lars,  and  such  personal  estate,  not  exceeding  fifty  thou- 
sand dollars,  as  may  be  necessary  and  conveniant  for  car- 
rying on  the  manufacture  of  cotton  yarn  and  cloth  in 
said  town  of  Stow. 

[Approved  by  the  Govej-nor,  February  4,  1815.] 


CHAP.  LXXXVI. 

An  Act  to  establish  The  Watertown  Cetton  Factory 
Company. 

Sec.  1.  J3E  it  enact^ed  by  tJie  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Amos  Bond,  JeduthunFul-  Persoiu  ui- 
ler,  Mason  Huntings  Joseph  Pierce,  Edward  Ricluirds,  "rporated, 

4a 


^QO  aXFORD  COURTS.  Feb.  4,  1815. 

and  Enoch  Wiswell,  with  such  others,  as  may  hereafter 
associate  with  them,  and  their  successors  and  assigns, 
be,  and  tliey  are  hereby  established  and  made  a  corpora- 
tion, by  the  name  of  The  Watertown  Cotton  Factory 
Company,  for  the  piiri>ose  of  manufacturing  cottoii 
goods  in  the  town  of  Watcrtown  ;  and  for  this  purpose 
shall  Iiave  all  the  poAvers  and  privileges,  and  shall  be 
suljiject  to  all  the  duties  and  requirements,  prescribed  and 
contained  in  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. 

Sec.  2.  Be  it  further  ewa^fe^,  That  the  said  corpora- 
tion, in  their  corporate  capacity,  may  lawfully  hold  and 
„^    h  Id    possess  such  real  estate,  not  exceeding  fifty  thousand  dol- 
roaiandper-  lars,  ^ud  sucli  personal  estate,  not  exceeding  one  hun- 
s-inai  eatate.  (Jred  tiiousaud  dollars,  as  may  be  necessary  and  conven- 
ient for  carrying  on  the  manufacture  of  cotton  goods  in 
the  said  town  of  Watertown. 

[Approved  by  the  Governor,  February  4,  1815.]] 


CHAP.  LXXXVII. 

An  Act  to  fix  the  times  and  places  for  holding  the  Ch*- 
cuit  Court  of  Common  Plej^s  and  Court  of  Probate  in 
the  County  of  Oxford,  and  for  other  purposes. 

Se-c.  1.  J3E  itencwted  hj  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  game,  That  the  Circuit  Court  of  Com-* 
jjion  Pleas,  in  and  for  the  county  of  Oxford,  shall  be 
jia.a  wWe  bolden  at  Paris  in  said  county,  on  the  last  Tuesday  of 
hciM.  February,  on  the  second  Tuesday  of  June  and  on  the 

fir*t  Tuesday  of  October,  annually. 

Sec.  2.  Beit  further  enacted.  That  all  actions  pend- 
ing at,  and  all  writs,  recognisances  and  processes  now 
made  or  which  may  be  made  returnable  to  any  of  the 
aforesaid  Cii-cuit  Courts  of  Common  Pleas,  which  be- 
fore the  operation  of  this  act,  should  have  been  holden 
at  any  oth^^r  time  or  place  than  those  i>i  tliis  act  affixed 


Tv;i>ps    and 


OXFORD  COURTS.  Feb.  %  1815  S91 

for  holding  said  courts,  shall  be  returnable  to,  entered, 
made,  and  determined,  at  the  Circuit  Court  of  Common 
Pleas,  next  to  be  holden  in  the  county  of  Oxford,  af- 
ter the  first  day  of  May  next,  agreeable  to  the  true  ia* 
tent  of  such  writ,  proce^,  recognisance,  or  appeal. 

Sec.  3.  Be  it  further  enacted,  That  the  Courts  of 
Probate,  within  and  for  the  county  of  Oxford,  shall  here- 
after be  holden  at  the  several  times  and  places  hereaf- 
ter mentioned,  viz.  at  Fi-yburs  on  the  last  Monday  of  Holding  of 
every  month  in  the  year  ;  at  W  atcrford  on  the  Saturday  court  oir;i>- 
next  preceding  the  sitting  of  the  Circuit  Court  of  Com- 
mon Pleas  in  February,  June  and  October  ;  at  Buck- 
field  on  the  Monday  next  preceding  the  sitting  of  said 
court  in  June  and  October  ;  at  Paris,  on  the  first  day 
of  the  sitting  of  said  court,  in  February,  .Tune  and  Oc- 
tober ;  and  at  Bethel,  Dixfield  and  Ijiverniore,  once  in 
each  year,  on  such  days  and  in  such  places,  in  said 
towns,  as  the  conveniency  of  the  people  sliall  require  ; 
and  it  shall  be  tlie  duty  of  the  Judge  of  Probate,  for  the 
time  being,  of  the  said  county  to  give  public  notice  of  the 
particular  times  and  places  in  each  of  said  towns,  when 
and  where  he  will  holtl  the  courts  aforesaid. 

Sec.  4.  Be  it  further  enacted.  That  whenever  the 
Judge  of  Prol)ate,  for  the  time  being  of  said  county,  shall  J^^'^Jf/X" 
be  prevented  by  sickness  or  other  iai'vitable  casualty,  sence. 
from  holding  any  of  said  courts,  at  the  several  times  l)y 
this  act  provided,  he  is  hereby  authorised  to  apjioint, 
such  other  times  for  holding  said  court,  as  shall  l>e  most 
for  the  interest  of  all  concerned,  by  giving  public  notice 
thereof,  and  to  adjourn  said  court  from  time  to  time;  and 
to  .continue  any  process  or  proceedings  tlieri  in  to  such 
time  and  place  as  the  said  Judge  may  consider  uecassa- 
ry  or  expedient. 

Sec.  5.  Be  it  further  enofited,  That  the  art  passed 
on  the  ninth  day  of  June,  in  tlie  year  of  our  Lord  one 
thousand  eight  hundred  and  fourteen,  entitled  •'•  An  act 
to  fix  the  times  and  places  for  holding  the  Circuit  Court 
of  Common  Pleas  in  the  County  of  Oxford,'^  and  also  a-as  lepos^l- 
An  act  passed  on  the  fourteenth  day  of  January,  in  the  ed. 
year  of  our  Lord  one  thousand  eight  hundred  and  four- 
teen, entitled  "An  act  to  fix  the  times  and  places  for 
iipidiug  the  Courts  of  Probate  in  the  CojmtiT  of  Oxford. 


59S  WOODSTOCK.  Feb.  7,  181£r. 

and  for  other  purposes''  be,  and  the  same  are  hereby  re- 
pealed. 
Act.vbe^in      Sec.  6,  Be  it  further  enacted.  That  this  act  shall  be 
°'^^*'  in  force  from  and  after  the  first  day  of  May  next. 

[Approved  by  the  Governor,  February -J*,  1815.] 


CHAP.  LXXXYIIl. 

An  Act  to  establish  the  town  of  Woodstock. 

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  half  township  granted 
to  Dummer  Academy,  and  the  half  township  granted  to 
Gorhani  Academy,  said  half  townships  lying  within  the 
Town  iTicor-  county  of  Oxford,  be,  and  hereby  are  established  as  a 
poiated.  town,  by  the  name  of  Woodstoclv,  within  the  following 
described  boundaries,  viz.  beginning  at  the  north-west 
corner  of  the  town  of  Paris  ;  thence  south,  sixty- eight 
and  an  half  degrees  east,  on  the  northwardly  line  of  Pa- 
ris, to  the  north-east  corner  of  said  town  ;  thence  north, 
fourteen  degrees  west,  on  the  line  of  the  town  of  Sum- 
ner, three  hundred  and  sixty  rods  ;  thence  north,  on  the 
line  of  said  Sumner,  four  hundred  and  eighty  rods  to  a 
beach  tree,  standing  in  the  north-west  corner  of  said  Sum- 
Her  ;  thence  north,  ten  degrees  west,  three  hundred  and 
Boundaries,  twenty  rods  to  a  tree  marked  ;  tlience  north,  sixty-eight 
and  an  half  degrees  east,  eighty  rods,  to  a  tree  marked  ; 
thence  north  seven  hundred  and  thirty-four  rods,  to  a 
spruce  tree,  marked  and  standing  in  the  north-east  cor- 
ner of  a  half  townsliip  granted  to  Gorham  Academy  ; 
thence  south,  sixty-eight  and  a  half  degrees  west,  sixteen 
hundred  and  sixty-four  rods,  to  a  beach  tree  standing  in 
the  north-west  corner  of  said  grant  to  Gorham  Academy  ; 
thence  on  the  same  course  on  the  north  line  of  a  half 
township  granted  to  Dummer  Academy  three  miles  and 
eight  rods  to  the  north-west  corner  of  said  half  township 
wear  the  westwardly  side  of  a  pond  ;  thence  south,  thirty 
degrees  east,  on  the  Avestwardly  line  of  said  last  men- 
tioned half  township,  six  miles,  to  the  fust  mentioned 


MONSON  MANUFACTORY.  Feb.7,  iSiS.  593 

bounds.  And  the  inhabitants  of  the  said  town  of  Wood- 
stock are  hereby  vested  with  all  the  powers  and  privi- 
leges, and  subjected  to  tlie  like  duties  and  requisitions  of 
other  towns,  according  to  the  constitution  and  laws  of  this 
Commonwealth. 

Sec.  2.  Be  it  fiirthe)^  enacted^  T^hiii  any  Justice  of  •  t  • 
the  Peace  for  the  county  of  Oxford,  is  hereby  authorised  sue  Ivairam! 
to  issue  a  wan'ant,  directed  to  a  freeholder  and  inhabi- 
tant of  the  said  town  of  Woodstock,  requiring  him  to  no- 
tify and  warn  the  inhabitants  thereof  to  meet  at  such 
convenient  time  and  place  as  shall  be  expressed  in  the 
said  warrant,  for  the  choice  of  such  oflBcers,  as  towns 
are  by  law  required  to  choose,  at  their  annual  town  meet- 
ings. 

[Approved  by  the  Governor,  February  7?  1815.] 


CHAP.  LXXXIX. 

An  Act  to  establish  The  Monson  Woollen  Manufactur- 
ing Company. 

Sec.  1.  JLJE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Asa  Gates,  Luther  Carter,  „ 

Persons  in* 

Nathan  Hoar,  Hamilton  Utley,  and  Samuel  Whitney,  corporat<;«fl 
with  such  others  as  may  hereafter  associate  with  them, 
and  their  successors  and  assigns  be,  and  they  are  here- 
by made  a  corporation,  by  the  name  of  The  Monson 
Woollen  Manufacturing  Company,  for  the  manufacture 
of  woollen  cloth  in  the  town  of  Monson  ;  and  for  this 
purpose  shall  have  all  the  powers  and  privileges,  and 
shall  also  be  subject  to  all  the  duties  and  requirements, 
prescribed  and  contained  in  an  act,  passed  on  the  third 
day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  nine,  entitled  ^^  An  act  defining  the 
general  powers  and  duties  of  manufacturing  corpora^ 
tions." 

Sec.  2.  Be  it  further  enacted,  That  the  said  corpo,- 
ration  may  lawfully  hold  and  possess  real  estate  to  the  Jf^fand  ^e 
amouHit  of  sixty  thousand  dollars,  and  personal  estate  sunaiefeute 


1^  FOXBOBO'  MAJSfUFACTORY.  Feb.  7,  1815. 

to  the  amount  of  forty  tbousand  dollars,  as  may  be  ne- 
cessary and  convenient  for  carrying  on  the  manufacture 
of  woollen  cloths  in  the  said  town  of  Monson. 

[Approved  by  the  Governor,  February  7,  1815»] 


CHAP.  XC. 

An  Act  to  incorporate  the  Foxborougb  Cotton  Manufac- 
turing Company. 

Sec,  1.  J3E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  Genemd  Court  assembled,  and  by  the 
Persons  In-  o,utkority  of  the  same,  That  John  Brayton,  William 
cerporated.  Richmond,  William  Wood,  and  Hezekiah  Anthony,  to- 
gether with  such  others  as  have,  or  may  hereafter  asso- 
ciate with  them,  their  successors  and  assigns,  be,  and 
they  hereby  are  made  a  body  politick  and  corporate,  by 
the  name  of  The  Foxborough  Cotton  Manufacturing 
Company,  for  the  purpose  of  manufacturing  cotton  yarn 
and  cloth  in  Foxborough,  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 
prescribed  and  contained  in  an  act,  passed  on  the  third 
day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  nine,  entitled  '^  An  act  defining  the 
general  powers  and  duties  of  manufacturing  corpora- 
tions." 

Sec.  S.  JBe  it  further  enacted,  That  said  corpora- 
tion may  be  lawfully  seized  of  such  real  estate,  not  ex- 
May  hold    ceeding  the  value  of  thirty  thousand  dollars,  and  posses- 
real  and  per- sed  of  such  personal  estate,  not   exceeding  the  sum  of 
BODa  estate.  ^^^^  thousand  dollars,  as  may  be  necessary  and  conve- 
nient for  establishing  and  carrying  on  the  manufacture 
aforesaid. 

[Aj^roved  by  the  Governor,  February  7;  1815.] 


STEAM  TOW  BOATS.  ^^6.7, 1815.  §m 


CHAP.  XCI. 

An  Act  granting  to  John  L.  Sullivan,  a  term  of  time 
for  the  use  of  his  patent  Steam  Tow  Boats  on  Cort- 
»ecticut  River,  within  this  Commonwealth. 


B 


►E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the   same,  That  there  be,  and  hereby  is 
granted  to  John  L.  Sullivan,  his  heirs,  executors,  ad.  ui_},ts  ^^(^ 
ministrators,  and  assigns,  on  the  conditions  herein  con-  privileges. 
lained,  the  exclusive  right  to   Connecticut  river  within 
this  Commonwealth,  for  the  use  of  his  patent  steam  tow   - 
boats,  and  the  improvements  he  may  make  thereon,  for 
the  space  of  twenty- eight  years ;  being  double  the  time 
allowed  by  the  patent  laws  of  the  Ignited  States,  from 
and  after  the  expiration  of  his  said  patent,  bearing  date 
the  Sd  day  of  April  in  the  year  1814  :  Provided  how-  Provlsoi. 
ever,  that  the  said  SuHivan  or  his  heirs,  associates  or 
assigns,  shall  build,  and  put  in  operation  on  the  said 
river,  at  least  one  steam  boat  within  five  years  from  the 
date  of  this  act. 

[Approved  by  the  Governor,  February  7^  1815.] 


CHAP,  XCII. 

An  Act  to  incorporate  The  Wellfleet  Manufacturing 

Company. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  Souse  of 
Representatives  in  General  Court  assembled,  and  by  the. 
authority  of  the  same.  That  Josiah  Whitman,  Beriah  Perspns  in. 
Higgins,  Thomas  Higgins,  William  Cole^  John  Smith,  coiporatcd. 
George  Ward,  Reuben  Arey,  John  G.  Newcomb,  to- 
gether with  such  other  persons  -as  have  or  may  hereafter 
associate  with  them,  their  successors  and  assigns,  be^* 
and  they  hereby  aie  made  a  corporation,  by  the  name 
of  The  Wellfleet  Manufacturing  Company,  for  the.  pur- 


§96  BEVERLY  BANK.  Feb.  10,  1815. 

pose  of  manufacturing  cotton  and  woollen  cloth  and  yarn 
at  Wellfleet,  in  the  county  of  Barnstable ;  and  for  this 
purpose  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  requirements  contained  in 
an  act  passed  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  said  corporation 
May  hold     ^^^^  ^^  lawfully  seized  of  such  real  estate,  not  exceeding 
real  and  per- twenty  thousand  doUars,  and  such  personal  estate,  not 
sonai  estate,  exceeding  forty  thousand  dollars,  as  may  be  necessary 
and  convenient  for  establishing  and  carrying  on  the  man- 
ufacture of  cotton  and  woollen  cloth  and  yarn,  at  Well- 
fleet  aforesaid. 

[Approved  by  the  Governor,  February  10,  1815.] 


CHAP.  XCIIL 

An  Act  in  addition  to  an  act,  entitled  ^^  An  act  to  incor> 
porate  The  President,  Directors,  and  Company  of  the 
Beverly  Bank." 

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  this  act,  the  capital  stock  of  the  President,  Directors, 

Capital,  &c.  g^jj^  Company  of  the  Beverly  Bank,  shall  be  one  hundred 
thousand  dollars,  the  number  of  shares  to  remain  the 
same  as  at  present  established  by  law.  And  the  said 
Corporation  shall  be  hoi  den  to  pay  the  tax,  and  to  loan 
the  Commonwealth  only  on  the  actual  capital  of  the  bank, 
after  any  dividend  of  the  same  shall  have  been  made  in 
pursuance  of  tliis  act.  And  the  said  Commonwealth  shall 
have  a  right  to  subscribe  to  the  stock  of  said  bank,  only 

Proviso.  to  the  amount  of  fifty  thousand  dollars.  Provided  how- 
ever. That  no  dividend  of  the  capital  stock  shall  be  made, 
when  the  specie  belonging  to  the  corporation,  actually 
existing  in  their  vaults,  shall  be  a  less  sum  than  the 
ajQiouttt  of  bills  in  circulation,  and  all  deposits,  and  other 


FORGERY.— E  ASTON.  Feh.  10,  1815.  597' 

demands  existing  against  the  same.     And  provided  also,  Proviso. 
That  nothing  herein  contained  shall  be  construed  to  af- 
fect the  liability  of  the  corporation  or  the  individual  stock- 
holders, as  established  by  the  act  incorporating  the  said 
bank. 

[Approved  by  the  Governor,  February  10, 1815.] 


CHAP.  XCIV. 

An  Act  in  addition  to  an  act,  entitled  *'  An  act  against 
Forgery  and  Counterfeiting.'' 

XjE  it  enacted  by  the  Sejiatc  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  in  all  cases  where  any  person 
has  been  or  hereafter  may  be  convicted  before  the  Muni- 
cipal Court  of  the  town  of  Boston,  of  the  crimes  enume^ 
rated  in  the  act,  entitled  *^  An  act  against  Forgery  and 
Counterfeiting,"  the  person  or  persons  who  may  or  shall  -^ui'isdietiou 
have  informed  and  prosecuted,  shall  severally  be  entitled  "^'^  '^'^^ 
to  the  same  rewards,  as  in  the  ninth  section  of  said  act 
is  provided ;  and  his  excellency  the  Governor,  with  the 
advice  and  consent  of  the  Council,  on  the  certificate  of  the 
Judge  of  the  said  Municipal  Court,  before  whom  such 
conviction  may  have  been  or  shall  hereafter  be  had,  may 
issue  his  warrant  therefor  on  the  Treasurer  of  this  Com- 
monwealth in  the  same  manner,  as  if  such  conviction  had 
been  had  before  the  Supreme  Judicial  Court,  and  such 
certificate  granted  ])y  the  Justice  or  Justices  thereof. 
[x\.ppro ved  by  the  Governor,  February  1 0, 1 8 1 5 .  ] 


CHAP.  XCV. 

An  Act  to  incorporate  The  Easton  Manufacturing  Com-- 

pany. 

Sec.  1.  JjE  it  enacted  by  the  Henate  and  House  of 
Hepreseutatives  in  General  Court  assembled,  and  by  ike 
authority  of  the  same,  That  David  Manly,  Oliver  Ames, 
50 


598 


LEWISTOAVN  BRIDGE. 


Feb.  10,  1815, 


Persons  in- 
corporated. 


^lay    hold 
real  and  per 
sdiial  estate. 


Elijah  Smitlij  Nathaniel  Howard,  Elijah  Lothrop,  Thad- 
deus  Howard,  juii.  Eliphalet  Mitchell,  and  A^a  Howard, 
together  with  snch  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 
Easton  Manufacturing  Company,  for  the  purpose  of  man- 
ufacturing cotton,  woollen  cloth  and  yarn,  at  Easton,  in 
the  county  of  Bristol ;  and  for  this  purpose  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  du- 
ties and  requirements  prescribed  and  contained  in  an  act, 
passed  on  the  third  da.y  of  March,  in  the  year  of  our  Loixl 
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  exceed- 
ing the  value  of  fifty  thousand  dollars,  and  such  personal 
estate,  not  exceeding  the  value  of  one  hundred  thousand 
dollars,  as  may  be  necessary  and  cojivenient  for  establish- 
ing and  carrying  on  the  manufticture  of  cotton  and  wool- 
len cloth  and  yarn,  at  Easton  aforesaid. 

[Approved  by  the  Governor,  February  10,  1815.] 


CtfAP  XCVI. 

An  Act  to  extend  the  time  for  building  a  Bridge  over  the 
river  Androscoggin,  at  Lewistowu, 


B] 


>E  it  enacted  by  the  Senate  and  House  of 
Sepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  further  time  of  six  years, 
liinhertime  from  the  passing  of  this  act,  be,  and  hereby  is  granted 
allowed.  to  the  proprietors  of  the  bridge  to  be  built  at  Lewistowu, 
in  the  county  of  Lincoln,  the  limitation  in  the  act  grant- 
ing seven  years  to  build  said  bridge  having  expired  not- 
withstanding. 

[Approved  by  the  Governor,  February  10,  1815.] 


SALEM  BRIDGE.— FISHERY.        Feb,  10, 1815.  599 


CHAP.  XCYII. 

An  Act  in  addition  to  an  act,  entitled,  "  An  act  to  in- 
corporate Ezekiel  Hersey  Derby  and  others  for  the 
purpose  of  building  a  Bridge  over  South  River  in 
Salem." 

jDE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled ^  and  by  the 
authority  of  the  same;,  That  the  town  of  Salem  shall  be, 
and  hereby  is  authorized  and  empowered  to  reduce  the  ^^^  j'educe 
leaves  of  the  draw  of  the  South  Salem  bridge  to  the 
length  of  twenty  feet,  witliin  the  railing,  and  hereafter 
to  maintain  and  keep  the  same  of  such  length,  between 
twenty  feet  and  thirty  feet,  as  by  the  saicl  town  shall 
be  deemed  most  expedient,  any  thing  in  the  act  to  which 
this  is  in  addition  to  the  contrary  notwithstanding. 
[Approved  by  the  Governor,  February  10,  1815.3 


CHAP.  XCYIIL 

An  Act  for  further  regulating  the  Fishery  in  Mattepoi^ 
sett  River,  in  the  town  of  Rochester. 

Sec.  1.  XjE  it  enacted  by  the  f^enate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  from  and  after  the  passing 
this  act,  the  inliabitants  of  the  town  of  Rochester,  at  any  _ 

,  .    .    Town  itiav 

meeting  legally  warned  for  that  purpose,  may  prohibit  proiiibit  the 
the  taking  any  of  the  fish  called  alcwives  in  Mattepoi*  taking  iish. 
sett  River  in  said  town  for  the  present  year,  excepting 
at  one  place  therein,  to  be  by  them  appointed  in  said 
meeting ;  and  mjiy  also,  by  their  vote,  in  such  meeting, 
establish  such  mode  of  taking  said  fish,  at  such  place  as 
they  shall  think  proper. 

Sec.  2.  Be  it  further  enacted,  That  the  said  inhab- 
itants, at  such  meeting,  may  appoint  some  person  or  per- 
sons to  take  said  fisk  in  such  place,  for  such  year  (not 


aOO  MIDDLESEX  CANAL.  Feb,  11, 1815. 

exceeding  three  days  in  a  week)  for  tlie  use  of  said  in- 
l:abitants,  to  be  disposed  of  in  such  way  and  manner, 
as  they  in  such  meeting  by  vote  shall  agree  upon. 

Sec.  3.  Be  it  further  enacted.  That  if  any  person  or 
persons  who  shall  be  so  appointed,  or  any  person  who 
penalty  for  shall  purchase  the  exclusive  right,  of  taking  said  fish  at 
not  canform-  ^j^y.  ^\^qq  [^  g^id  river,  according  to  the  laws  now  in 
force  for  that  purpose,  shall  not  conform  to  the  rules  and 
regulations,  for  them  respectively  established  by  said  in- 
habitants, such  person  or  persons  shall  for  each  breach 
of  such  rules  and  regulations,  forfeit  and  pay  to  said  in- 
habitants twenty-tive  dollars,  to  be  recovered  in  an  action 
of  debt  in  any  Court  proper  to  try  the  same. 

[Approved  by  the  Governor,  February  10,  1815.] 


CHAP.  XCIX. 

An  Act  in  further  addition  to  an  act,  entitled,  ^^  An  act 
for  incorporating  James  Sullivan,  Esq.  and  others, 
by  the  name  and  style  of  the  Proprietors  of  Middle- 
sex Canal.'^ 


•  E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Coui't  assembled,  and  by  the 
authority  of  the  same,  That  the  proprietors  of  the  Mid- 
dlesex Canal  be,  and  hereby  fire,  authorized  and  em- 
powered to  demand  and  receive  toll  on  boats  and  rafts, 
May  demand  ^i^^t  shall  pass  Wicasee  lock  and  canal  in  the  town  of 
Tyngsborough  in  this  Commonwealth,  at  the  following 
rates,  viz.  For  every  cord  of  pine  wood  eight  cents,  for 
every  other  kind  of  wood  ten  cents  per  cord,  for  every 
ton  of  merchandize  or  other  loading  ten  cents,  for  other 
articles  going  down  the  canal,  one  tenth  of  the  toll  noW 
allowed  ou  tlie  same  articles  at  the  Middlesex  Canal. 
[Approved  by  the  Governor/  February  11,  1815-3 


WAHERVILLE  BANK.  Feb.  16,  i^iS.  tOi 


CHAP.  C. 

An  Act  to  establish  The  Oakham  Cotton  and  Woollen 
Factory  Company. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Luke  Robinson,  Asa  Persons  In- 
French,  jun.  and  Eli  Fairbanks,  with  such  others  as  corporatea, 
may  hereafter  associate  with  them,  their  successors  and 
assigns,  be,  and  they  hereby  are  made  a  corporation, 
by  the  name  of  The  Oakham  Village  Cotton  and  Wool- 
len Factory  Company,  for  the  manufacture  of  cotton 
and  Avoollen  cloth  and  yarn,  in  the  town  of  Oakham,  in 
the-  county  of  Worcester ;  and  for  this  purpose  shall 
have  all  the  powers  and  privileges,  and  shall  also  be 
subject  to  all  the  duties  and  requirements  prescribed 
and  contained  in  an  act,  passed  on  the  third  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  nine,  entitled  "  An  act  defining  the  gene- 
ral powers  and  duties  of  manufacturing  corporations." 

Sec.  2.  Be  it  further  enacted,  That  the  said  Cor- 
poration may  lawfully  hold  and  possess  such  real  estate  ^f Sd  persS 
to  the  value  of  ten  thousand  dollars,  and  such  personal  n»i  estate, 
estate,  to  the  value  of  twenty  thousand  dollars,  as  may 
be  necessary  and  convenient  for  carrying  on  the  fnanu- 
facture  of  cotton  and  woollen  cloth  and  yam  in  the  said 
town  of  Oakham. 

[Approved  by  the  Governor;,  February  16,  1815.] 


CHAP.  CI. 

An  Act  in  addition  to  an  act,  entitled  "  An  act  to  in- 
coi*porate  the  President,  Directors,  and  Company  of 
the  Waterville  Bank.'' 

JjE  it  enacted  by  the  Senate  and  House  of 
J^epreaentatives  iv>  General  Court  assembled,  and  h^ 


603  S.  BOSTON  ASSOCIATION.  Teh  16,  1815* 

the  authority  of  the  same,  That  so  much  of  an  act,  en- 
titled "An  act  to  incorporate  tlie  President,  Directors, 
Act  in  part  and  Company  of  the  Waterville  Bank,''  as  regards  the 
repealed,      times  at  vvhich  the  stockholders  of  said  bank  are  re- 
quired to  pay  in  the  third  and  fourth  instalments  of  the 
capital  stock  thereof,  be,  and  hereby  is  repealed ;   and 
that  the  stockholders  of  said  bank  be,  and  they  hereby 
are  required  to  pay  in,  the  said  third  and  fourth  instal- 
ments of  the  capital  stock  of  said  bank  at  the  following 
periods,  to  wit:    the  said  third  instalment  on  the  first 
day  of  Mardi,  which  will  be  in  the  year  of  our  Lord 
one  thousancT  eight  hundred  and  sixteen,  and  the  said 
fourth  instalment  on  the  first  day  of  June  next  after. 
[Approved  by  the  Governor,  February  16,  1815.] 


CHAP.  CIL 

An  Act  in  addition  to  an  act,  entitled  "  An  act  to  in- 
corporate  certain  persons  into  a  Company,  by  the 
name  of  The  South-Boston  Association." 


B 


Act  continu- 


>E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the'  same,  That  an  act  made  and  pass- 
ed on  the  fourteenth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  five,  entitled 
'^  An  act  to  incorporate  certain  persons  into  a  company, 

ed.'  ^" "  by  the  name  of  The  South-Boston  Association,"  be,  and 

the  same  is  hereby  continued  in  force  until  the  fourteenth 
day  of  June,  which  will  be  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty,  any  thing  in 
the  act  to  which  this  is  in  addition  to  the  contrary  not- 
withstanding. 

[Approved  by  the  Governor,  February  16,  1815.] 


ASHBURNHAM.  Feb.  16,  1815.  603 


CHAP.  cm. 

An  act  in  further  addition  to  an  act,  entitled  "  An  act 
authorising  a  Lottery,  for  completing  the  repairs  of 
Plymouth  Beach.*' 

JDE  it  enacted  by  the  Senate  and  House  of 
Rejiresentatives  in  General  Court  assembled^  and  by 
the  authority  of  the  same.  That  the  managers  appointed     Manager* 
under  the  act,  authorising  a  Lottery  for  completing  the  deducV^^ex! 
repairs  of   Plymouth  Beach,  he,  and  they  hereby  are  penses. 
authorised  to  deduct,  not  only  the  charges  of  stationary, 
printing  and  other  expenses  of  drawing  each  class,  but 
also  like  reasonable  compensation  for  their  services  and 
expenses,  as  was  allowed  by  the  President  and  Fellows 
of  Harvard  College,  to  the  Managers  of  the  Lottery 
under  their  act  of  March  14th,   1806,  from  the  sum 
raised  by  each  class ;    and  that  the  remainder  be  con- 
sidered the    ^^  whole  proceeds''  mentioned  in  said  act, 
any  thing  in  the  acts,  to  which  this  is  an  addition,  to 
the  contrary  notwithstanding. 

[Approved  by  the  Governor,  February  16,  1815.] 


CHAP.  CIV. 

An  Act  to  set  off  Hezekiali  Corey,  jun.  from  the  town  of 
Gardner,  and  annex  him  to  the  town  of  Ashbnrnr 
ham. 

Sec.  1.  JJE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  Hezekiali  Corey,  jun.  of  Pers»n  set- 
Gardner,  in  the  county  of  Worcester,  with  his  family  off. 
and  the  lot  of  land  containing  about  forty  acres,  lying 
in  said  town  of  Gardner,  and  on  which  said  Corey  now 
lives,  be,  and  hereby  are  set  off  from  said  town  of 
Gardner,  and  annexed  to  the  town  of  Ash])urnliam,  in 
jsaid  county  ;    and  the  said  lot  of  land  shall  hereafter 


60ii 


DORCHESTER. 


Feb.  16,  1815. 


Ikoviso, 


constitute  a  part  of  said  town  of  Asliburnham ;  and 
said  Corey  be  liable  to  all  the  duties,  and  entitled  to 
all  the  rights  and  privileges  of  an  inhabitant  of  said 
town  of  Asliburnham  :  Provided  nevertheless^  said  Co- 
rey shall  be  holden  to  pay  all  taxes  legally  assessed 
upon  him  in  said  town  of  Gardner  prior  to  passing  this 
act,  in  the  same  mannei*  as  though  this  act  had  not  been 
passed  :  Provided  also,  That  said  town  of  Ashburn- 
ham  shall  not  discontinue  a  town  road  laid  out  through 
said  lot  of  land  for  the  accommodation  of  a  farm  now 
in  the  occupation  of  Jonathan  Bancroft,  jun.  but  the 
same  shall  be,  and  remain  as  it  is  now  located :  wJnri 
^provided  further,  That  all  and  every  person  who  may 
have  gained  a  settlement  in  tiie  town  of  Gardner,  by 
residing  on  said  lot  of  land,  and  who  might  hereafter 
become  poor  and  chargeable  to  said  town  of  Gardner, 
iliall  nevertheless  be  taken  to  be  the  proper  poor  of, 
and  be  supported  by  the  said  town  of  Ashburnham, 
any  law,  usage,  or  custom,  to  the  contrary  notwith- 
standing. 

[Approved  by  the  Governor,  February  16,  1815.] 


hffii^ 


CHAP.  CV. 


An  Act  to  incorporate  The  Third  Religious  Society  in 
Dorchester. 


Parsons  in- 
corporated. 


Sec.  1.  X>E  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assemhled,  and  by  the 
authority  of  the  same,  That  Samuel  Withington,  Ben- 
jamin Fuller,  James  Tolman,  Mark  Holliugs worth, 
Dexter  TifTany,  Amasa  Fuller,  Edmund  Baker,  Tho- 
mas Crehore,  Euclid  Tileston,  Charles  Park,  John 
Bussey,  Stephen  Pierce,  John  Bussey,  jun.  James 
Pierce,  Samuel  H.  Spurr,  Henry  Cox,  Thomas  Bus- 
sey, Caleb  Jarvis,  Benjamin  Parsons,  Isaac  Sanderson, 
James  Kelton,  Isaac  Cox,  John  Lillie,  Henry  Crane, 
Darius  Brewer,  David  Brewer,  Seth  Briggs,  Walter 
Baker,  Jesse  Sumner,  William  H.  Wood,  William 
Melius,  Joshua  Pierce,  Reuben  Swan,  Elii^ha  Iiaphau^,, 


DORCHESTER,  Feb.  L6,iSi5.  605 

David  Johnson,  Coiuloit  Foster,  Ezekicl  llolden,  Ezra 
jBadlam,  Edward  Hayiies,  Lemuel  Sliepard,  Ebeuezer 
8tedmaii,  Nathaniel  Ferrett,  Williaui  Humphry,  Still- 
man  Lincoln,  William  Bumstead,  Henry  Smith,  John 
Paul,  Henry  Clark,  Zenas  Eaton,  Samuel  Witliington, 
jun.  Ebenezer  Davenport,  Samuel  D.  Pierce,  Thomas 
Muuroe,  Abner  Stoddar,  Samuel  Williams,  William 
Trescott,  Peter  Mayo,  Sylvanus  Crosby,  Thomas  Bell, 
Charles  Prentiss,  John  Ni.^htingale,  Isaac  Crane,  Jesse 
In»;lee,  Oliver  Warren,  William  E.  Vincent,  Luther 
fray,  Zachariah  Cain,  Ebenezer  Trescott,  Sewell  Fes- 
senden,  Samuel  Richards; — petitioners,  with  such  other 
inhabitants  of  the  towns  of  Dorohester  and  Milton,  as 
shall  desire  U)  unite  wiiii  tliem,  be,  and  they  hereby 
are  incorporated  ii4o  a  parish,  by  the  name  of  The 
Tiurd  Relii2;ious  Society  in  Dorchester,  with  all  the 
powers,  privileges  and  immunities,  to  which  the  other 
parishes  in  this  Co>nmonv,ealth  are  by  law  entitled. 

Sec.  2.  Be  it  further  enacted^    That  the  polls  and     p,.on<?rtv 
estates,  pro]ierty  of   the  petitioners,  and  of   all  other  ''able  to  be 
persons  wlio  may  ])ecome  members  of  said  Third  Re-  ^*^^' 
ligious  Society,  and  the  property  they  shall  respectively 
hold  or  occupy  on  the  first  day  of  May  annually  in  said 
towns  of  Dorchester  and  Milton,   shiiU  be  taxable  in 
said  Ti/ird  Religious  Society  and  in  that  only  for  paro- 
chial purposes. 

^  Sec.  3.  Be  it  further  enacted.  That  whenever  any 
person  being  an  inhabitant  of  sai<l  Dorchester  or  Mil- 
ton, shall  desire  to  become  a  member  of  said  Religious 
Society,  such  membership  shall  be  certified  by  a  com- 
mittee of  said  Society  ciiosen  foi-  that  purpose  and  filed 
with  the  clerk  of  the  town  or  parish,  to  wliicli  he  or 
she  I)e)on2;s,  and  the  cciiiiicate  of  ssuch  committee  may 
be  as  folio  Wis ; 

We  certify  that  of  the  loAvn  of  Form  ofc.eir. 

is  a  nieirdjer  uf  tlie  third  Hell-  niicate. 
i^ious  Society  in  Dol Chester;  dated  this  » 

day  of  A.  l>.  i>s 

V  Committee, 


«0^  DORCHESTER.  Feb.  16,  1815. 

Said  certificate  to  be  filed  as  aforef§aid,  fourteen  days 
previous  to  the  annual  meeting  of  said  third  parish  in 
March  or  April ;  such  person  or  pet-sons,  paying  his  or 
her  proportion  of  all  monies  voted  in  the  Religious  So- 
ciety to  which  he  or  she  belonged  previous  to  his  join- 
ing said  third  parish,  shall  from  and  after  giving  such 
certificate  with  his  or  her  polls  aud  estates,  be  consid- 
ered as  a  member  of  said  Third  Religious  Society. 
Sec.  4.  Be  it  further  enacted,  That  if  any  member 
May  leave  of  Said  Third  Religious   Society  shall  see  cause  or  be 

ihis  fcociety.  inclined  to  leave  said  Society  and  join  in  worship  with 
any  otlier  religious  Society  in  said  town  of  Dorchester, 
or  in  any  other  town  of  which  he  may  be  an  inhabitant, 
shall  give  his  or  her  name  to  the  clerk  of  said  Third 
Religious  Society,  signed  by  the  minister  or  clerk  of 
the  parish,  or  other  incorporated  Society,  with  which  he 
or  she  may  unite,  that  he  or  she  has  actually  become  a 
member  of  and  united  in  religious  worship  in  such  other 
parish  or  other  incorporated  religious  Society,  fourteen 
days  previous  to  their  annual  meeting  in  March  or 
April,  and  shall  pay  his  or  her  proportion  of  all  monies 
voted  in  said  Society  to  be  raised  previous  thereto,  shall 
from  and  after  giving  such  certificate,  with  his  or  her 
polls  and  estate,  be  considered  as  a  member  of  the  So- 
ciety to  which  he  or  she  may  so  unit*. 

Sec.  5.  Be  it  fiirtlier  enacted,   That  the  income  of 
Income  to  the  ministerial  land  so  called,  which  was  given  and  set 

drvided"^  ^  ^^  ^'^^  ^^^®  ^^^^  ^^'^  maintenance  of  the  ministry,  and 
the  income  of  all  otlier  ministerial  land  and  property, 
which  shall  be  used  for  the  support  and  paymeut  of  the 
ministers  of  the  gospel  in  the  town  of  Dorchester,  shall 
be  annually  divided  J^etween  the  first,  second,  and  third 
religious  Societies,  in  the  same  proportion  that  the 
members  of  eacli  parish  shall  collectively  bear  to  each 
other,  in  the  state  tax,  which  shall  be  assessed  from 
time  to  time  in  tlie  town  of  Dorchester,  to  be  annually 
compared  and  ascertained  by  the  assessors  of  the  three 
parishes,  and  to  be  drawn  from  the  town  treasury  ac- 
cordingly. 
Ministemi      §^0.  6.  Be  it  further  enacted,  That  all  the  ministe- 

i.ixes   to    b'*     .    i  '  .      . 

divided.       ^'''1  taxes  assessed  and  collec'^ed  within  the  town  of 
Dorchester  on  estates  belonghig  to  non-residents,  shall 


_i 


t>ORCHESTER.  Feb.  16,  1815.  607 

be  divided  between  the  first,  second,  and  said  Third 
Heligious  Society  in  the  ratio  estalilished  for  the  divis- 
ion of  the  income  of  the  ministerial  land  and  property. 
Sec.  7.  Be  it  further  enacted,    That  the  qualified 
voters  as  herein  after  specified,  in  said  Third  Religious  ed  To^^raise 
Society  be,  and  they  hereby  are  authorised  and  empow-  money. 
ered  to  grant  and  vote,  from  time  to  time,  such  suyis  of 
money  as  they  shall  judge  necessary  for  the  settlement 
and  support  of  the  ministry  in  said  Society,  and  for  all 
other  necessary  parish  charges,  which  sums  may  be  as- 
sessed on  the  pews  in  the  meeting-house  belonging  to 
said  Society,  in  the  proportion  specified  in  the  deeds  of 
conveyance  from  Edmund  Eaker  to  the  original  pro- 
prietors ;  and  if  any  proprietor  or  proprietors  of  a  pew 
or  pews,  shall  neglect  or  refuse  to  pay  any  assessment 
made  as  aforesaid,  within  sixty  days  next  after  the  time 
appointed  for  the  payment  of  the  same,  the  treasurer  of 
said  Society  shall  have  power  to  sell  the  pew  or  pews 
of  such  delinquent  proprietors,  together  with  his  right  Power  io sell 
and  interest  in  said  house  at  public  auction,  first  giving  f^^^^^^^  °[pj*; 
notice  to  the  delinquent  proprietors   of  the  time  and  priciors. 
place  of  sale,  by  posting  up  notifications  thereof  at  the 
meeting-house  of  said   Society,  fourteen  days  at  least 
before  the  day  of  sale  ;  and  the  said  treasurer  is  hereby 
authorised  to  make,  execute,  acknowledge  and  deliver 
to  the  highest  bidder  good  and  sufficient  deed  or  deeds 
of  any  pew  or  pews  sold  in  manner  as  aforesaid ;    and 
the  surplus  money,  (if  any  there  shall  be,)  arising  from 
such  sale  beyond  satisfying  the  assessment  aforesaid 
and  intervening  charges,  he  shall  return  to  the  delin- 
quent proprietor  or  proprietors. 

Sec.  8.  Be  it  further  enacted.   That  the  proprietoi'S  „ 
wr  occupiers  only  ot    the  pews,  m  the  meeting-house,  emiiied  to 
built  by  the  said  Third  Religious  Society,  shall  be  en-  vote. 
titled  to  vote  in  parish  affairs,  so  that  one  vote  may  be 
given  for  each  pew,  anything  in  this  act  to  the  contrary 
notwithstanding. 

Sec.  9-  Be  it  farther  enacted.    That  any  Justice  of 
the  Peace  in  the  county  of  Norfolk  be,  and  he  is  here-  ^"/^I'^k:!" 

''  ...  ,.     issue  his 

fey  authorised  and  empowered,  to  issue  his  warrant,  di-  warrant. 
rected  to  some  suitable  member  of  said  Society,  to  notify 
and  warn  the  legal  voters  of  the  said  Tliird  Religious 


«t)8  LINCOLNVILLE  FISHERY.  Feb..  i^,  iti^ 

Society  to  meet  at  such  time,  and  place  as  sliall  be  ap- 
pointed in  said  warrant,  to  chooae  snob  orlicers  and 
transact  SQcli  business  as  parij^hes  are  by  law  entitled 
to  choose  and  transact  in  the  month  of  March  dp  April 
annually.  •rm'jlilnw 

[Approved  by  the  Governor,  February  16,  1815.] 


CHAP.  CVI. 

An  Act  to  regulate  the  Fishery  in  Duck  trap  stream,  in 
the  town  of  Lincolnville. 


Sfx.  1.  ill's  it  enacted  hj  the  Senate  and  House  of 
Me'presentalii'esin  (reneral  Court  assembled,  avd  by  the 
authority  of  the  samp^  Tliat  tlie  selectmen  in  isehalf  of 
the  town  of  Lincolnviile,  shall  liave  j)ower  annually,  at 
jifiiriS,se  ^^^^  town  meeting  liolden  in  March  or  April,  to  lease  tlie 
tire' fishery,  fishery  in  tiie  said  (own,  foi'  the  tishins;  seeison,  to  ti>e 
higest  bidder  therefor,  under  such  conditions,  limilatiocs, 
and  reservations  as  are  provided  in  this  act;  And  when 
the  said  lease  shall  f>e  roinpleted  »nd  vjetUed  between 
the.  selectmen  and  lessee,  tSiat  no  fi^'json  may  plead  i'i;- 
iiorance  thereof,  the  said  leas«  sh;*!!  be  decilareil':  an<i 
published  at  tlie  town  i\ieeiiu2;  i'nvw  next  rallowins;.  and 
a  fair  copy  of  the  said  lease  shall  ]>e  si:;ned,  and  deliv- 
ered by  the  town  clerk  to  the  lessee,  and  the.  same  shal$ 
also  be  recorded  in  the  records  of  the  town,  rind  tiic  proiih«; 
which  may  from  year  to  year  acci  ue  from  the  sale  or 
lease  of  the  said  fishery  shall  be  a{>propriated  by  th;e 
jSaid  town,  to  suchiises  as  the<  inhnbitud>.  in  le£;al  towj) 
meeting,  may  from  tiiiJO  lo  lime  order  and  direct.  And 
the  fish  committee,  which  shall  be  annually  appointed  by 
the  town,  shall  appropriate  such  proportions  of  the  fish 
caught  within  the  limits  of  the  said  town,  as  shall  be 
annually  allotted  and  determined  by  the  selectmen,  fur 
the  use  of  the  poor  of  the  said  town,  gratis;  and  this  re- 
servation and  privilege  of  the  po(u*.  shall  be  inviolably 
preserved  to  them,  when  the  said  selectmen  do  annually 
sell,  or  lease  the  fishery  for  the  season,  and  which  shall 
always  be  a  condition  in  the  said  lease. 


LINCOLNYILLE  FISHERY.  Feb.  1«,  1S15.  HO^ 

Sec.  2.  Be  it  further  enacted^  Tliat  it  pliall  ])e  the 
duty  of  the  selectmen,  annually,  to  make,  or  cause  to  be 
made  out  a  list  of  all  sueh  poor  persons,  heing  inhabi-  i>-itv  of  ««?- 
tants  resident  in  said  town,  as,  in  their  best  judgment '^'^*'"*"' 
Hnd  discretion,  arc  entitled  to  receive  fish  gratis^  accord- 
ing to  the  privileges  and  beneiits  intended  to  be  provided 
f(»r  and  secured  ])v  this  act,  \vhich  list  shall  be  seasonal 
hly  prepared,  so  as  to  be  read,  and  if  approved  and 
adopted,  at  the  same  annual  town  meeting,  shall  be  and 
remain  in  force  for  tlie  current  year. 

Sec.  3.  Be  it  further  enacted.  That  for  the  permanent 
and  orderly  regulation  of  the  fishery,  in  the  said  town 
of  Lincoln^  ilie,  it  shall  be  lawful  for  the  inhabitants  of 
said  tow  n,  and  they  are  hereby  required,  at  their  annual 
meetins:  in  March  or  April,  to  appoint  a  committee  of  "^"7"  ****?' 

noirit   com  * 

tlie  IVeehold  inliabitants  thereof,  not  exceeding  seven,  miuee. 
nor  less  than  three,  who  shall  be  sworn  (or  affirmed  as 
the  case  may  l)e)  to  the  faithful  discharge  of  the  duties 
enjoined  upon  them  by  this  act ;  and  it  shall  be  the  duty 
of  the  said  committee  to  see  that  the  natural  course  of  riipirduty. 
the  rivers  or  streams,  through  which  the  fish  pass  up, 
shall  be  kept  open  and  free  from  all  obstructions,  during 
the  whole  season  of  the  passing  of  the  fish  up  and  down 
the  rivers  and  streams  in  the  said  town ;  and  the  pow- 
ers and  jimsdiction  of  the  said  committee  shall  extend 
to,  and  over  all  the  streams  and  ponds  or  other  w  aters 
within  the  limjts  of  the   said  town,  running  into,  or  in 
any  way  connected  with,  the  said  duck  trap  stream  ;  and 
the  said  committee  shall  have  power  to  remove  all  such 
obstructions  as  they  may  find  therein  ;  and  the  said  com- 
mittee or  a  majority  of  them,  in  the  discliargc  of  their 
duties,  shall  Jiave  power  at  all  times  to  go  upon,  and  pass 
over  the  lands  of  any  person,  through  or  by  w  hich  the 
said  rivers  or  streams  run,  w  ithout  being  considered  as 
trespassers  :  and  if  any  person  hinder  or  molest  the  said  . 
committee,  or  either  of  them,  in  executing  the  duties  of 
his  or  their  office,  or  who  doth  obstruct  any  passage  way 
in  either  of  the  rivers,  or  streams,  or  ponds,  as  aforesaid, 
contrary  to  the  consent  and  directions  of  the  said  com- 
mittee, or  a  majority  of  them,  he  or  they,  so  oflfending,  Penalty. 
;  shall  for  every  such  oifence,  forfeit  and  pay  a  sum,  not 
exceeding  twenty  dollars,  nor  less  tbanone  dollar,  in  the 


6iQ 


LINCOLNVILLE  FISHERY. 


Feb.  16,  18ia. 


Proviso. 


open    pas 
sage 


discretion  of  the  Justice  before  wliom  tlie  action  may  be 
tried.  Provided  nevertheless^  tiiat  nothing  in  this  act 
shall  be  considered  as  giving  the  said  committee  any 
power  to  injure  the  proprietor  of  any  lands,  mills,  or  other 
waterworks,  further  than  is  necessary  for  a  good  and 
sufficient  passage  way  for  the  fish  up  and  down  the  rivers 
or  streams  as  aforesaid. 

Sec.  4.  Be  it  farther  enactedy  Tha^  all  mill  owners 
shall  be  holden  and  required  to  provide,  and  keep  open, 
Shall  keep  sufficient  passage  or  sluice  ways  for  the  fish  to  pass  up 
and  down  said  streams  or  ponds ;  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  streams 
or  ponds,  within  the  said  town  of  Lincolnvillc,  any  mill 
dam,  Aveare,  or  other  incumbrance,  or  obstruction  to  the 
passage  of  the  said  fish,  or  in,  or  across,  or  upon  any 
stream,  pond,  or  other  water,  running  into  or  connected 
with  the  said  duck  trap  stream,  such  mill  owner  or  other 
person  shall  forfeit  and  pay  a  sum  not  exceeding  two 
hundi'ed  dollars,  nor  less  than  twenty  dollars. 

Sec.  5.  Be  it  further  enacted^  That  if  the  purchaser, 
lessee,  or  manager  of  the  said  fishery,  or  those  employed 
by  him,  or  them,  shall  presume  to  take  any  fish,  from 
any  of  the  waters  a  bresaid,  at  any  other  time  or  places, 
within  the  limits  of  said  town,  tiuui  may  be  appointed  by 
the  said  selectmen,  and  if  any  other  persons  do  presume 
to  take  any  fish,  in  any  of  the  streams  or  ponds,  within 
the  limits  aforesaid,  without  permission  from  tlie  select - 
tak^n^ '  fish^  men,  every  such  person,  so  ollending,  sliall  for  each  and 
contrary  to  cvery  offeucc  herein,  forfeit  and  pay  a  sum  not  exceeding 
'*^^-  twenty  dollars,  nor  less  than  one  dollar,  according  to  the 

discretion  of  the  Justice  ])efore  whom  the  cause  maybe 
tried.  And  it  shall  be  the  duty  of  the  fish  committee, 
appointed  by  said  town,  to  sue  and  prosecute  all  breaches 
of  tliis  act,  and  for  any  one  of  the  said  committee  to  seize 
and  detain  in  their  custody  any  net,  or  other  instrument 
used  in  taking  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  le- 
gally acquitted  thereof;  and  also  to  seize,  for  the  use  of 
the  poor  of  the  said  town,  all  such  fish  as  may  have 
been  illegally  taken  contrary  to  this  act. 


SAUGUS.  Feb.  17,  1815.  611 

Sec.  6.  Be  it  further  enacted,  That  all  fines,  forfeit- 
ures, or  penalties  which  may  be  incurred  by  any  breach 
of  this  act,  shall  ])e  recoverable  by  action  on  the  case,  or  Fines,  &c. 
by  an  action  of  debt,  in  the  name  of  the  inhabitants  of  'ccoveraijle. 
the  town  of  Lincolnville,  and  appropriated  to  the  use 
of  said  town. 

Sec.  7'  Be  it  further  enacted,  That  an  act  passed 
the  first  day  of  March,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  ninety-eight,  entitled  "  An  act 
for  the  preservation  of  the  fish  called  salmon,  shad,  and 
alewives,  in  the  rivers,  streams,  and  waters  within  the 
counties  of  Lincoln  and  Cumberland,  and  for  repealing 
all  other  law  s  heretofore  made  for  that  purpose,"  so  far 
as  respects  their  operation  in  the  said  counties,  be,  and 
the  said  act  is  hereby  extended  to  operate  and  have  eflfect  Act  to  have 
in  the  streams  and  w  aters  within  the  said  town  of  Lin-  effect. 
colnville,  and  all  the  provisions  and  restrictions  in  the 
said  act,  so  far  as  they  are  applicable  to  the  uses  and 
intent  of  this  act,  shall  be  used  and  exercised,  and  the 
benefits  thereof  enjoyed  by  the  said  town  of  Lincolnville, 
as  fully  and  completely,  as  if  the  said  town  of  Lincoln- 
ville had  been  originally  w  ithin  the  purview  of  the  afore- 
jsaid  act. 

[Approved  by  the  Governor,  February  16,  1815.] 


CHAP.  cvn. 

An  Act  to  incorporate  the  second  parish  in  the  town  of 
Lynn  into  a  separate  town  by  the  name  of  Saugus. 

Sec.  1.  X)E  it  enacted  by  the  Senate  and  House  of 
Representatices  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  all  that  part  of  the  town  of 
Lynn,  in  the  county  of  Essex,  lying  and  being  situate 
within  the  boundaries  of  the  second  parish  in  Lynn  afore- 
said, together  with  the  inhabitants  thereon,  be,  and  the 
same  is  hereby  incorporated  into  a  separate  town,  by  the  po"  I'ed^ 
name  of  Saugus,  viz.  beginning  at  Bride's  brook,  so 
called,  and  running  as  the  said  brook  runs  till  it  meets 
the  river  that  runs  between  Chelsea  and  Lynn,  and  then 


Town  incor- 


H^. 


SAUCrUS. 


Feb,  17,  1S15. 


by  the  said  river  until  it  meets  Pines  river,  and^then  by 
iaid  Pines  river  until  it  meets  Saugus  river,  and  then 
along  Saugus  river,  by  the  middle  of  the  said  river  to 
the  great  bridge,  so  called,  then  running  from  the  said 
bridge  a  straight  line  to  the  ea-sterly  end  of  the  farm  now 
Boundaries,  owned  by  William  Svveetser  and  Epiiraim  Sweetser, 
formerly  belonging  to  John  Hawk's  succc^ssors,  and  then 
turning  and  running  to  the  line  of  Lyiiniield  to  the  north- 
ern side  of  land  now  belonging  to  John  Reading,  for- 
merly of  Isaac  Larrabee,  thence  running  l>y  the  line  of 
Lynnfield  until  it  meets  the  line  of  tlie  town  of  South 
Reading,  thence  running  by  the  line  between  South 
Reading  and  Lynn  until  it  comes  to  the  three  county 
mark,  so  called,  thence  running  on  the  line  between 
C'helsea  and  Lynn,  until  it  comes  to  Bride's  brook,  the 
place  first  set  out  from. 

Sec.  2.  Be  it  farther  enacted^  That  the  said  town  of 
Saugns  shall  be  entitled  to  hold  such  proportion  of  all 
Possession    the  real  and  personal  estate  now  belonging  to  and  owned 
of  properly  jn  commou  by  the  iti  habitants  of  the  town  of  Lynn  as 
the  property  of  the  inhabitants  of  the  said  town  of  Sau- 
gns now  bears  to  the  property  of  all  the  inhabitants  of 
the  present  town  of  Lynn,  according  to  the  latest  valua- 
tion thereof,  excepting  always  all  rights  of  common 
landing  places,  uses  and  privileges  heretofore  possessed 
,„:>!  by  the  inhabitants  of  the  said  town  of  Lynn,  all  which 

shall  be  held  and  enjoyed  by  the  towns  respectively  with- 
in whose  limits  the  same  may  be,  except  the  privileges 
on  pine  beach,  whicli  shall  hereaftei'  be  enjoyed  by  the 
inhabitants  of  the  said  town  of  Lynn  and  the  said  town 
of  Saugus  in  common. 

Sec.  3.  Be  it  further  enacted^  That  the  said  town  of 
Saugus  shall  be  holden  to  pay  their  proportion  to  be 
ascertained  as  aforesaid  of  all  debts  and  claims  now  due 
and  owing  from  tlic  said  town  of  Lynn,  or  which  may 
hereafter  be  found  due  and  owing,  by  reason  of  any  con- 
tract, engagement,  judgment  of  court,  or  any  matter  o** 
thing  now  or  heretofore  entered  into  or  existing:  and 
shall  be  entitled  to  receive  their  ])roportion,  to  be  ascer- 
tained as  aforesaid,  of  all  the  debts,  taxes  and  monies 
now  due  to  the  said  town  of  Lynn. 


Shall  pay 


SAUGUS.  Feb.  I7,  181§.  613 

Sec.  4.  Be  it  further  enacted,  That  the  said  town  of 
Saugus  shall  be  holden  to  support  their  proportion  of 
the  present  poor  of  the  said  town  of  Lynn,  which  pro-  To  support 
portion  shall  be  ascertained  as  aforesaid ;  and  all  persons,  ^°^^' 
who  shall  or  may  hereafter  become  chargeable  as  pau- 
pers, shall  be  considered  as  belonging  to  that  town,  on 
whose  territory  they  may  have  gained  a  legal  settle- 
ment, and  shall  be  supported  by  that  town  only. 

Sec.  5.  Be  it  fiirtJier  enacted,  That  nothing  in  this 
act  shall  be  so  construed  as  to  alter  or  affect  in  any  way 
parish  privileges,  or  the  right  or  manner  of  assessing  and 
collecting  parish  taxes  within  or  for  either  the  said  town 
of  Lynn  or  the  said  town  of  Saugus,  which  said  rights 
and  privileges  shall  hereafter  be  held  and  enjoyed  in  • 

the  same  manner,  as  if  this  act  had  not  been  made. 

Sec.  6.  Be  it  further  enacted^  That  there  shall  bo 
and  hereby  is  reserved  to  the  town  of  Lynn  the  right  to 
tax  those  inhabitants  of  the  said  town  who  now  own  ^'■e'lt to  tax 
salt  marsh  on  the  southerly  and  easterly  side  of  the  Salem 
turnpike  road,  but  within  tlie  limits  of  the  said  town  of 
Saugus,  so  long  as  the  same  shall  continue  to  be  owned 
by  the  inhabitants  of  the  said  town  of  Lynn,  or  the  heirs 
of  the  said  inhabitants  who  now  own  the  same. 

Sec.  7«  Be  it  further  enacted,  That  the  rights  and 
privileges  of  the  alewive  fishery  shall  be  held  and  en-     .  ..         ^ 
joyed  hereafter  by  the  towns  respectively  within  whose  fishery  iieid, 
limits  the  streams  may  run,  in  the  same  manner  as  is 
now  provided  by  law  for  the  town  of  Lynn. 

Sec.  8.  Be  it  further  enacted,  That  either  of  the  Jus- 
tices of  the  Peace  for  the  county  of  Essex  is  hereby  au- 
thorised to  issue  a  warrant,  directed  to  some  inliabitant  jusUoc  to  u. 
of  the  said  town  of  Saugus,  requiring  him  to  notify  and  *"^  variant. 
warn  the  inhabitants  thereof,  to  meet  at  such  convenient 
time  and  place,  as  shall  be  expressed  in  said  warrant, 
for  the  choice  of  all  such  officers,  as  towns  are  by  law 
required  to  choose,  in  the  months  of  March  or  April 
annually. 

[Approved  by  the  Governor,  February  17,  I8I5.3 
52 


614  MANUFACT.  COMPiVNIES.  Feb.  4^,  1815- 


CHAP,  c  vm. 

An  Act   incorporating   The    Stockbrictge  t-otton   and 
Woollen  Manufacturing  Company. 


Sec.  1.  X)E  it  emicted  by  the  SeiiatP  tind  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
Persons  in-  authority  of  the  same,  That  Elijah  BroMU,  jun.  Jol^n 
corpoiated.  Hunt,  Evastus  Williams,  and  Luther  PlGmb,  together 
with  such  others  as  may  hereafter  associate  with  them, 
their  successors  and  assigns,  be,  and  they  hereby  SiVt, 
jmade  a  corporation,  by  the  name  of  The  8tockbridge 
Cotton  and  Woollen  Manufactunns;  Company,  for  the 
purpose  of  manufacturing  cotton  and  woK)llen  yara  and 
cloth  in  the  town  of  Stockbridge,  in  the  county  of  Berk- 
shire ;  and  for  that  purpose  shall  liave  all  the  pow^r^ 
and  privileges,  and  be  subject  to  all  the  duties  and  re- 
quirements, contained  in  an  act  defining  the  general 
powers  and  duties  of  raanufactnring  corporations,  passed 
on  the  third  day  of  March  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  nine. 

Sec.  2.  Be  it  further  enacted,  That  the  said  corpora- 
May  hold  re.  ^^^^  ^^^'  lawfully  liold  and  possess  such  real  estate,  not 
ai  and  pert,o-  exceeding  the  value  of  tif^y  thousand  dollai's,  and  person- 
nai  ebtHte.     ^1  estate,  not  exceeding  tjie  value  of  eighty  thousand  dol- 
lars, as  may  be  necessary  and  convenient  for  the  purposes 
aforesaid. 

[Approved  by  the  Governor,  February  18,  1815.] 


CHAP.  CIX. 

An  Act  to  incorporate  Tlie  Rock-bottom   Cotton  and 
Wool  Factory. 

Sec.  1.   XjE  it  enacted  by  the  Senate  and  House  of 
Ilepresentatives  in  General  Court  assembled,  and  by  the 
Persons  m-  authority  of  the  same,  Tliat  Joel  Cranston  and  Silas  jew- 
corpoiatc  .  ^,||^  ^^.j^j^  ^^^^j^  other  persons  as  already  have  or  hereafter 


FARMERaMAN.  COMl*.  Feb.  i8,  iSiSt,  61» 

may  associate  with  them,  their  successors  and  assigns,  be, 
and  they  hei-eby  are  made  a  corporation,  by  the  name  of 
The  Rock-bottom  Cotton  and  Wool  Factory,  for  the  pur- 
pose of  manufacturing  cotton  and  woollen  cloth  and  yarn 
in  the  town  of  Stow,  in  the  county  of  Middlesex ;  and  for 
such  purposes  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  and  requirements,  contain- 
ed in  an  act,  passed  on  the  third  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  nine,  entitled 
"An  act  defining  the  general  powers  and  duties  of  manu- 
facturing corporations." 

Sec.  2.  Be  it  further  enacted.  That  said  corporation  jvray  hold 
may  be  lawfully  seized  and  possessed  of  such  real  estate,  real  and  per- 
not  exceediug  twenty  thousand  dollars,  and  such  person-  ^°"^'  estate. 
al  estate,  not  exceeding  thirty  thousand  dollars,  as  may 
be  necessary  for  the  purposes  aforesaid. 

[Appi*oved  by  the  (Tovernor,  February  18, 1815.] 


CHAP.  ex. 

An  Act  to  incorporate    Tlie  Farmers  Manufacturing 
Company,  in  Lenox. 

Sec.  1.  XjE  it  enacted  hi;  the  Senate  and  House  of 
Rej^resentatives  in  General  Cniirt  asi^emhledj  and  by  the 
authority  of  the  same.  That  Isaac  Ellis,  Levi  Belden,  ^^'^"""^^^'J" 
and  Charles  Mattoon,  together  with  such  others  as  may 
hereafter  associate  with  tlie»i\.  i\w\v  successors  and  as- 
signs, be,  and  they  hereby  are  made  a  corporatron,  by 
the  name  of  The  Farmers  Maimfactiuins;  Comi>any,  for 
the  purpose  of  mauufactfuing  woollen  rlotli  iu  tlie  town 
of  Lenox,  in  the  county  of  }5erksljire  ;  and  for  that 
purpose,  shall  have  all  the  po\^ers  and  privileges,  and 
shall  also  be  subject  to  all  the  duties  and  restrictions 
prescribed  and  contained  in  an  act,  entitled  ^^  An  act 
defining  the  general  powers  and  duties  of  manufactur- 
ing corporations,"  passed  on  the  third  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  huudted 
and  nine. 

Sec.  3.  Be  it  further  encuctedf  That  the  said  Corpo- 
ration, in  theii-  corporate  capacity,  may  la^^fally  hold 


616  DISTllICTS.— VIENNA.  Feb.  18, 1815- 

and  possess  real  estate,  not  exceeding  the  value  of  ten 
thousand  dollars,  and  personal  estate,  not  exceeding 
twenty  thousand  dollars,  for  the  purposes  aforesaid. 
[Approved  by  the  Governor^  February  18,  1815.] 


CHAP.  CXI. 

An  Act  in  addition  to  an  act,  entitled  ^"^An  act  to  divide 
the  Commonwealth  into  disti'icts  for  the  choice  of 
Representatives  in  the  Congress  of  the  United  States, 
and  prescribing  the  mode  of  election." 


B^ 


Towns  set 


>E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  the  town  of  South- 
Reading,  in  the  county  of  Middlesex,  belonging  to  the 
North  Essex  District,  be,  and  hereby  is  set  oif  from  the 
said  North  Essex  District,  and  annexed  to  the  Middle- 
sex District ;  and  that  the  town  of  Dracut,  in  the  county 
off,"  "  """^  of  Middlesex,  belonging  to  the  Middlesex  District,  be, 
and  hereby  is  set  off  from  the  said  Middlesex  District, 
and  annexed  to  the  North  Essex  District,  any  thing  in 
the  act,  entitled  "  An  act  to  divide  the  Commonwealth 
into  Districts  for  the  choice  of  Representatives  in  the 
Congress  of  the  United  States,  and  prescribing  the 
mode  of  election,"  to  the  contrary  notwithstanding. 
[Approved  by  the  Governor,  February  18, 1815.] 


CHAP.  CXII. 

An  Act  to  annex  John  Gilbreatli  and  others,  to  the  town 
of  Vienna. 


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

Representatives  in  General  Court  assembled,  and  by  the 

authority  of  the  same,    That  John  Gilbreath,  Samuel 

Persons  an-  ^^'^^-^^^'iv  Jamcs  We])ber,  John  Allen,  Thomas  Dolloff, 

ncxea.         Moses  GilmaU;  Samuel  Gilman^  Clark  Whittier,  Petcj- 


MILITIA.^  Feb.  18, 1815.  017 

Beede,  James  Wells,  jun.  Nathaniel  Healy,  Matthias 
Lane,  and  Moses  AUeoj  together  with  their  families 
and  estates,  including  the  following  lots  of  land  in  the 
town  of  Rome,  viz.  number  one,  two,  three,  four,  five, 
six,  seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen> 
fourteen,  fifteen,  sixteen,  seventeen,  and  eighteen,  agree- 
ably to  Downiug's  survey  of  the  same,  be,  and  they 
hereby  are  set  off  ftom  the  town  of  Rome,  and  annexed 
to  the  town  of  Vienna :  Provided  nevertheless,  That  provisjo^ 
the  above  named  persons  shall  be  holden  to  pay  their 
proportionable  part  of  all  taxes  which  are  assessed  or 
agreed  upon  to  be  assessed  on  the  said  town  of  Rome, 
and  also  their  proportionable  part  of  all  the  expenses  of 
the  said  town  of  Rome,  which  have  occurred  by  reason 
of  their  troops  being  called  into  the  service  of  the  state, 
by  division  orders  of  the  eleventh  day  of  September 
last,  except  such  part  thereof  as  shall  be  reimbursed  by 
this  Commonwealth,  in  like  manner  as  though  this  act 
had  not  been  passed. 

Sec.  2.  Be  it  further  enacted,    That   in    all  state 
taxes,  which  shall  hereafter  be  granted,  until  a  new  Deduction t.b 
valuation  shall  be  settled,  three  cents  shall  be  taken '^^ '"'^'^^v 
from  the  sum,  which  the  said  town  of  Rome  now  pays 
on  one  thousand  dollars,  in  the  present  valuation,  and 
added  to  the  town  of  Vienna. 

[Approved  by  the  Governor,  February  18,  1815.] 


CHAP.  CXIII.  c^ 

An  Act  in  addition  to  an  act,  entitled   "  An  act  for  re-         ^ 
gulating,  governing  and  training  the  militia  of  this 
Commonwealth." 

Sec.  1.  XjE  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  hy  the 
authority  of  the  same.  That  in  all  cases  where  any  offi-  Vac*tion  oi 
cer  of  the  militia  of  this  Commonwealth  has  accepted  '^^^''' 
or  shall  hereafter  accept  an  appointment  in  the  army  of 
the  United  States,  such  acceptance  shall  be  considered 
a$  having  vacated  his  ofllce  In  the  militia,  and  the  same 


618 


STEEP  BllOOK  MANU. 


Feb.  18,  1815. 


shall  be  filled  as  soon  as  may  be,  in  the  mode  prescrib- 
ed by  law  for  filling  vacancies. 

Sec.  2.  Be  it  further  enacted,  Thai  if  any  person, 
who  has  vacated  or  shall  hereafter  vacate  his  office  in 
the  militia,  by  accepting  an  appointment  in  the  army  of 
Forfeiture,  the  United  States,  shall  exercise  any  of  the  powers  or 
authorities  of  the  office  so  by  him  vacated,  he  shall  for- 
feit and  pay  a  sum  not  exceeding  tlu-ee  hundred  dollars, 
to  the  use  of  the  Commonwealth,  to  be  recovered  by 
indictment  in  any  court  proper  to  try  the  same. 
[Approved  by  the  Grovernor,  February  18,  1815.] 


rersons  in- 
corporated. 


CHAP.  CXIV. 

An  Act  to  incorporate  The  Steep  Brook  Cotton  and 
Woollen  Manufacturing  Company. 

Sec.  1.  JLjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  autJiority  of  the  same,  That  Elijah  Crane,  Isaac 
Thayer,  David  AYild,  and  Bethuel  Drake,  with  such  oth- 
ers as  may  hereafter  associate  with  them,  their  succes- 
sors and  assigns,  be,  and  they  hereby  are  made  a  corpo- 
ration, by  the  name  of  The  Steep  Brook  Cotton  and 
Woollen  Manufacturing  Company,  for  the  purpose  of 
manufacturing  cotton  and  woollen  yarn  and  cloth,  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,  requirements,  and  liabilities, 
contained  in  an  act,  entitled  ^*  An  act  defining  the  gene- 
ral powers  and  duties  of  manufacturing  corporations,'' 
passed  on  the  tliivd  day  of  March,  in  the  year  of  our  Lord 
one  thousand  eiglit  hundred  and  nine. 

Sec.  3.  jBr /f/wrfAer  c«acf erf,  That  the  said  corpora- 
tion may  be  law  fully  seized  and  possessed  of  sucli  real 
i^ai  aiiii  per-  estate,  Hot  exceeding  the  value  of  thirty  thousand  dol- 
sonal  estate,  lars,  and  such  personal  estate,  not  exceeding  fifty  tiious- 
and  dollars,  as  may  be  necessary  and  convenient  for  cai-- 
lying  on  the  manufacture  of  cotton  and  woollen  yarn 
and  cloth  in  said  town  of  Canton.  • 

[Approved  by  the  Governor,  February  18,  1815.] 


Mav    hold 


MED.  BOT.  SOCIETY.  Feb.  18,  1315.  6lt 


CHAP.  CXV. 

An  Act  to  incorporate  The  Berkshire  Medical  Botanical 

Society. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  Simeon  Brown,  Joshua  Whit  persons  in 
ney,  Jonathan  Allen  2d,  John  Dickinson,  Stephen  Mead,  corporated. 
Amasa  Foard,  Je*se  Torrey,  jun.  Lyman  Peabody, 
Charles  Foard,  James  Brown,  and  Eli  Maynai'd,  togeth- 
er with  such  other  persons  as  may  hereafter  associate  with 
them,  and  their  successors  and  assigns,  l)e,  and  they  arc 
hereby  incorporated  into  a  society,  by  the  name  of  The 
Berkshire  Medical  Botanical  Society ;  and  by  that  name 
may  sue  and  be  sued  to  final  judgment  and  execution  ; 
may  have  a  common  seal,  which  they  may  alter  at  plea- 
sure; and  may  do  and  sufter  all  such  matters,  acts  and 
things,  which  ])odies  politic  may  and  ought  to  do  and 
suffer. 

Sec.  2.  Beit  further  eyiacted,  Thsit  the  said  society 
shall  be,  and  are  hereby  empoA\  ered,  to  purchase  and  hold  >Tay  houi 
any  real  estate,  to  the  value  of  five  thousand  dollars,  and  sonare'state. 
personal  estate  to  the  like  amount,  both  of  which  to  be  ap- 
propriated exclusively  for  the  promotion  of  medical  and* 
botanical  sciences. 

Sec.  .3.  Be  it  further  enacted,  That  the  said  society 
may  choose  a  President,  Treasurer,  and  Secretary,  and  ^^"''^^^"^ 
isuch  other  officers  as  they  shall  see  fit ;  and  may  make  * 
and  establish  suchiiiles  and  regulations  as  to  them  shall 
appear  necessary ;  provided  the  same  be  not  repugnant  to 
the  laws  or  constitution  of  this  Commonwealth. 

Sec  4.  Be  it  further  enacted,  That  any  three  of  the 
above  named  persons  may  appoint  the  time  and  place  of  ^W. call  a 
the  first  meeting  of  said  society,  by  inserting  an  adver-  '"^*=^'"2:- 
tisement  in  one  of  the  newspapers  printed  in  the  county  of 
Berkshire,  three  weeks  successively  previous  to  the  time 
of  meeting ;  at  which  meeting  the  said  society  may 
choose  the  officers  aforesaid,  appoint  the  time  and  place 
of  their  annual  and  other  meetings,  and  adopt  such  rules 
and  regulations,  as  are  provided  for  in  this  act. 

[Approved  by  the  Governor,  February  18, 1815.] 


\f  ATERVILLE.  Veh,  SO,  1815. 


CHAP.  CXVI. 

An  Act  to  annex  Benjamin  Corson  and  others  to  the  towR 
of  Waterville. 

JDE  it  enacted  by  the  Senate  and  House  of 
JRepresentativee  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Benjamin  Corson,  Robert 
Hussey,  Jonathan  Nelson,  Samuel  Wade,  Henry  Rich- 
Personi  set  ftJ'dson,  3d.  Ebenezer  Holmes,  Thomas  Gleason,  Tho- 
off.  mas  Magrath,  Spenser  Thayer,  Alvin  Thayer,  Abner 

Young,  and  Asa  Young,  Avith  their  families  and  estates, 
as  contained  Avithin  the  following  described  lines,  be, 
and  they  are  hereby  set  off  from  the  town  of  Dearborn, 
and  annexed  to  the  town  of  Waterville  :  Beginning  at 
the  southwest  corner  of  said  Waterville,  from  thence  to 
run  a  west  northwest  course,  in  the  southerly  line  of 
said  Dearborn,  till  it  meets  the  pond  formerly  called 
Richardson's  mill  pond,  which  is  connected  with  Ma- 
grath's  pond  by  a  strcight,  called  the  narrows,  from 
thence  northerly  by  the  easterly  shore  of  said  ponds,  till 
it  meets  a  bog  near  the  head  of  said  Magrath's  pond, 
thence  northeasterly,  by  the  easterly  edge  of  said  bog, 
till  it  meets  the  southerly  line  of  land  now  owned  and 
occupied  by  John  Magrath,  from  thence  east  southeast, 
in  the  south  line  of  tlie  said  Magrath's  lot,  to  the  west 
line  of  said  Waterville,  from  thence  southerly,  in  the 
said  west  line  of  Waterville,  to  the  bounds  first  men- 
tioned. And  the  said  lands  with  the  inliabitants  thereon, 
shall  hereafter  be  held  and  considered  a  part  of  the  said 
town  of  Waterville  as  fully  and  completely  as  though  it 
had  been  originally  incorporated  therewith  :  Provided 
Proviso.  however,  that  the  several  persons  herein  named  with 
their  estates  shall  be  hoi  den  to  pay  their  respective  taxes 
due,  and  payable  to  the  said  town  of  Dearborn,  legally 
assessed,  and  not  paid  prior  to  the  passing  of  this  act* 
{[Approved  by  the  Governor,  February  SO,  1815.] 


LISBON  MAN.  COMP.  Feb,  20, 181^.  051 


CHAP.  CXVII. 

An  Act  to  annex  George  Williams  and  Apollos  Padel- 
ford,  to  the  Taunton  and  JVIiddleborough  Precinct 
Parish. 

JLJE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,  That  George  Williams,  his  family, 
polls  and  estate,  lying  in  the  town  of  Taunton,  in  the  first  pefgong  g^t 
parish  in  said  town,  and  Apollos  Padelford,  his  poll  and  off. 
•state,  lying  also  in  said  Taunton,  and  in  said  first  parish 
in  said  town,  be,  and  they  hereby  are  set  off  from  the 
said  first  parish,  incorporated  and  known  by  the  name 
of  the  first  congregational  society  in  the  town  of  Taun- 
ton, and  annexed  to  the  Taunton  and  Middleborough 
precinct  parish,  lying  partly  in  said  town  of  Taunton, 
and  partly  in  the  town  of  Middleborough,  and  shall  for- 
ever hereafter  be  considered  as  belonging  thereto,  enjoy- 
ing all  parish  privileges,  and  to  pay  parish  charges  which 
may  arise  within  the  same  :  Provided  nevertheless,  that  Proviso. 
they  be  holden  to  pay  all  such  taxes  as  may  be  now  due 
from  them  or  their  estates,  to  the  said  first  parish,  in  the 
same  manner  as  though  this  act  had  not  passed. 
[Approved  by  the 'Governor,  February  20,  1815.] 


CHAP.  CXVIII. 

An  Act  to  incorporate  The  Lisbon  Manufacturing  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  Jolm  May  all,  and  Samuel  Persons  ?h- 
Mayall,  together  with  such  other  persons  as  have  or  may  corporate. 
hereafter  associate  with  them,  their  successors  and  as- 
signs, be,  and  they  hereby  are  made  a  corporation,  by 
ihe  nnme  of  The  Lisbon  Maniii^ctnri.iig  CoTnpaijy,  for 
.^3 


622  BRIMFIELD  MAN.  COMP.  Feb.  20,  1815. 

the  purpose  of  manufacturing  cotton  and  woollen  yarn 
and  cloth,  at  Lisbon,  in  the  county  of  Lincoln ;  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  on  the  third  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  nine,  enti- 
tled, "  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  exceed- 
?eaUm?ifep  ^''^S  ^'^®  value  of  fifty  thousand  dollars,  and  such  personal 
sonai  estate,  estate,  not  exceeding  the  value  of  one  hundred  thousand 
dollars,  as  may  be  necessary  and  convenient,  for  estab- 
lishing and  carrying  on  the  manufacture  of  cotton  and 
woollen  yarn  and  clotb,  at  Lisbon  aforesaid. 

[Approved  by  the  Governor,  February  20,  1815.] 


CHAP.  CXIX. 

An  Act  incorporating  The  Brimfield  Cotton  and  Wool- 
len Manufacturing  Company. 

Sec.  1.  JjE  it  enacted  hy  the  Senate  and  House  of 
jRejpresentatives  in  General  Court  assembled,  and  by  thp 
authority  of  the  same,  That  Israel  Elliot  Trask,  Elias 
Persons  in-  Carter,  Peleg  C.  Janes,  Augustus  Janes,  and  Elijah 
corporated.  Abbot,  witli  sucli  otliers  as  have  associated,  or  may  here- 
after associate  with  them,  and  their  successors,  he,  and 
they  are  hereby  made  a  corporation,  by  the  name  of  The 
Brimfield  Cotton  and  Woollen  Manufacturing  Company, 
for  the  purpose  of  manufacturing  cotton  and  woollen  cloth 
and  yarn  in  said  town ;  and  for  that  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  act  defining  the  general  powers  and 
duties  of  Manufacturing  Corporations,"  passed  on  thfc 
third  day  of  Marcli,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  nine. 

Sec.  2.  Be  it  further  enacted,  That  said  corporation 
may  lawfully  hold  and  possess  such  real  estate,  not  ex- 


NBW  ASHFORD.  Feb.  SO,  1JP15.  m. 

cceding  the  value  of  fifty  thousand  dollars,  and  personal  ,yj^y  jj^j^ 
estate,  not  exceeding  the  value  of  one  hundred  thousand  real  and  per- 
^ollars;  as  may  be  necessary  and  convenient  for  carry-  *°"^'  estate. 
ing  on  the  manufactory  aforesaid  in  said  town  of  Brim- 
field. 

[Approved  by  the  Governor,  February  20,  1815.] 


CHAP.  CXX. 

A.n  Act  for  repealing  in  part  an  act,  entitled,  "  An  act 
for  erecting  that  tract  of  land  in  the  county  of  Berk- 
shire, called  New  Ashford,  into  a  District,  by  the 
name  of  New  Ashford." 

XjE  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assemhledy  and  hy  the 
authority  of  the  same.  That  so  much  of  an  act  passed  ^^^  '"  P^^t 
the  twenty-sixth  day  of  February,  in  the  ye:^r  of  our  "^^^^^  ^  ' 
liord  one  thousand  seven  hundred  anel  eighty-one,  enti- 
tled, *•  An  act  for  erecting  that  tract  of  land  lying  in  the 
county  of  Berkshire,  called  New  Ashford,  into  a  dis- 
trict, by  the  name  of  New  Ashford,'"  as  grants  to  said 
district  liberty  to  join  with  Lanesborough  for  the  pur- 
pose of  sending  a  representative  to  the  (reneral  Assem- 
bly, be,  and  the  same  is  hereby  repealed. 

[Approved  by  the  Governor,  February  20,  1815.] 


CHAP.  CXXI. 

An  Act  to  incorporate  The  Sacarappa  Grammar  School 
Association,  in  the  town  of  W^stbrook. 

Sec.  1.  JLJE  it  enactedby  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  Reverend  Caleb  Brad-  ''arsons  i»- 
ley,  Archelaus  Lewis,  Esq.  Joshua  Webb,  Nathaniel  ''"'P^'"^'"* 
Patridge,  and  William  Valentine  and  their  successors  in 
office,  be,  and  they  are  hereby  constituted  a  Board  of 


SACARAPPA  GEAM.  SCHOOL.     Feb.  ^0,  1815. 


Trustees,  by  the  name  and  style  of  The  Sacarappa 
Grammar  School  Association ;  and  the  said  Board  of 
Power,  Trustees  and  their  successors  in  office,  shall  have  power 
from  time  to  time,  to  manage  and  superintend  the  be- 
quest of  two  thousand  dollars,  made  by  Peter  Thatcher, 
Esq.  late  of  Gorliam,  in  the  county  of  Cumberland,  by 
his  last  will  and  testament,  for  the  purpose  of  promoting 
the  instruction  of  youth  at  Sacarappa,  in  the  town  of 
Falmouth,  (now  Westbrook)  in  the  county  of  Cumber- 
land, agreeably  to  the  provisions  of  the  said  will ;  to  fill 
up  all  vacancies  that  may  happen  in  the  said  Board  of 
Trustees,  by  death,  resignation,  or  otherwise,  which 
Board  shall  never  consist  of  more  than  five  persons, 
any  three  of  whom  shall  constitute  a  quorum  for  doing 
business. 

Sec.  %.  Be  it  further  enacted,  That  in  conformity  to 
the  provisions  of  the  said  will,  the  scholars  to  be  in- 
structed in  the  said  school,  shall  exclusively  consist  of 
children  of  the  age,  of  from  twelve  to  sixteen  years  ; 
and  who  shall  live  Avithin  one  mile  of  Sacarappa  bridge, 
so  called,  within  said  town  of  Westbrook,  excepting  the 
children  of  the  Trustees  for  the  time  being,  w  ho  shall  be 
at  all  times  entitled  to  the  privilege  of  the  same,  although 
they  may  live  at  a  greater  distance. 

Sec.  3.  JBe  it  further  enacted,  That  any  Justice  of 
Justice  may  the  Pcacc  within  the  county  of  Cumberland,  upon  appli- 
caii  the  first  cation  made  to  him  by  any  three  of  the  said  Trustees, 
meeting.       j^  hereby  authorized,  to  fix  the  time  and  place,  for  hold- 
ing the  first  meeting  of  the  said  Tvustees,  and  notify 
them  thereof  accordingly ;   at  which  meeting,  the  said 
Trustees  may  determine  the  manner  of  calling  future 
meetings,  and  make  and  establish  such  rules,  orders  and 
regulations,  from  time  to  time,  as  they  may  find  neces- 
sary and  proper,  to  cany  into  full  and  complete  effect 
the  provisions  of  said  will. 

[Approved  by  the  Grovernor,  February  20,  1815.] 


instruction 
ot"  scholars. 


BINGHAM.  Feb.  25,  1815.  6S5 


CHAP.  cxxn. 

All  Act  in  addition  to  an  act,  for  regulating  the  proprie^ 
tors  of  certain  meadows  and  flat  ground  in  Hingham. 

,  Sec.  1.  JIjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  proprietors  of  certain 
flats  in  the  town  of  Cohasset,  formerly  called  Hingham, 
at  a  place  called  Little  Harbour  in  said  town,  shall  have 
and  enjoy  all  the  powers  and  privileges  granted  to  the  Rights  ami 
proprietors  of  the  meadows  and  flat  ground  within  the  privileges, 
cove  called  the  little  harbour  in  the  township  of  Hing- 
ham,  in  the  county  of  Suffolk,  by  an  act  passed  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  fifty- 
eight,  and  by  an  act  passed  in  addition  to  said  act,  on 
the  eighteenth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  five. 

Sec.  3.  Be  it  further  enacted.  That  all  such  contracts 
as  have  been  already  entered  into  by  the  proprietors  of  (^(j^tracts 
said  meadows  with  the  proprietors  of  said  flats,  are  here-  made  valid, 
by  establishe€l  and  rendered  valid  to  all  intents  and 
purposes. 

Sec.  3.  Be  it  fuHher  enacted,  That  the  proprietors 
of  said  flats  may  cause  to  be  sold  at  pubKc  vendue,  the 
share  of  any  proprietor,  who  shall  neglect  to  pay  any 
assessment  duly  voted  and  agreed  upon  by  said  pro- 
prietors, to  their  Treasurer,  within  sixty  days  after  the  Power loseU 
time  set  for  the  payment  thereof,  they  giving  thirty  days  iinq'i!en*t  pro- 
notice  of  the  time,  place,  and  cause  of  the  sale,  by  post-  pnetora. 
ing  up  a  notification,  in  some  public  place,  in  the  several 
towns  of  Cohasset,  Hingham,  and  Scituate  ;  and  it  shall 
be  the  duty  of  said  proprietors  to  pay  over  to  said  delin- 
quent on  demand,  tlie  surplus,  if  any,  after  satisfying 
said  assessment  and  incidental  expenses  attending  said 
sale. 

Sec.  4».  Be  it  further  enacted.  That  the  proprietors 
of  said  flats  shall  have  the  power  to  use,  regulate  and  IJieri*^"^ 
control  the  beach  below  the  dam,  through  which  the  wa- 
ter runs  into  the  sea. 

[Approved  by  the  Governor,  February  H^,  1815.] 


62a  NEVTBUl^YPORT  INS.  COMP.      F^b..  %o,  181a. 


CHAP.  CXXIII. 

Au  Act  to  empower  the  Union  Marine  and  Fire  In- 
surance Company  in  Nevvburyport  to  sell  their  real 
estate,  and  for  other  purposes. 

.    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  Union  Marine  and  Fiire 
May  sell  real  Insurance  Company  in  Newburyport  be,  and  they  hereby 
aid  persoi.ai  are  authorized  and  empowered,  at  such  time  as  may  be 
estate.         deemed  most  expedient,  to  sell  and  dispose  of  theii'  es- 
tate both  real  and  personal. 

Sec.  S.   Be  it  further  enacted,  That  John  Balch, 
Nicholas  Johnson,  jun.  and  Jacob  Gerrish,  or  any  two 
of  them,  be,  and  they  are  hereby  authorized,  to  make 
and  execute  to  the  purchaser  or  purchasers  of  the  real 
estate  aforesaid,  or  any  part  thereof,  good  and  sufficient 
t^"make  ^^  deed  or  deeds  of  conveyance,  which  being  acknowledged 
deeds.         before  a  Justice  of  the  Peace,  and  recorded  in  the  Reg- 
istry of  deeds  for  the  county  of  Essex,  shall  be  good  and 
sufficient  to  pass,  to  the  purchaser  or  purchasers  and 
^  their  heirs  and  assigns  forever,  all  the  right,  title,  inter- 

est, and  estate,  which  said  Company  have  in  and  to  the 
same. 

Sec.  3.  Be  it  further  enacted,  That  said  Union  Ma- 
rine and  Fire  Insurance  Company,  at  any  meeting  duly 
called  therefor,  may  appoint  a  committee  to  collect  the 
debts  due  to,  and  settle  all  demands  against  said  Cor- 
Map  appoint  poratiou,  with  the  same  powers  therefor,  as  the  presi- 
Commutee.  f[Qni^  and  directors  of  said  Company  now  have ;  and  it 
shall  be  the  duty  of  the  committee  so  chosen,  to  deter- 
mine on  the  time  and  place  of  sale  of  their  real  estate, 
and  to  apportion  the  residue  of  their  funds  among  the 
stockholders  of  the  capital  stock  of  said  Company,  ac- 
cording to  the  number  of  shares  by  them  respectively 
holden  ;  and  to  adopt  all  proper  measures  for  bringing 
the  concerns  of  said  company  to  a  close. 


flAMT^^HlRE  BANK.  MMI^W^:         6S7 

And  whereas  said  Company  have  divers  claims 
and  demands,  which  cannot  be  immediately  settled : 
Therefore, 

Sec.  4.  Be  it  further  enacted,  That  nothing  in  this 
att  contained,  shall  preclude  said  Company  from  having 
and  maintaining,  at  any  time  hereafter,  in  their  corpo-  Debts  and 
rate  name,  any  suit  or  suits  at  law  for  the  recovery  of  "^^'"^"<^*' 
all  debts  or  demands  due  or  belonging  to  them,  or  from 
prosecuting  to  final  judgment  and  execution,  any  suit  or 
suits  now  pending :  Provided,  the  stockholders  be  jointly 
and  severally,  as  well  as  in  their  corporate  capacity,  lia- 
ble for  all  outstanding  debts  and  claims  existing  against 
said  Company,  at  the  time  said  stockholders  shall  make 
such  apportionment  and  distribution  of  tlieir  funds  as 
authorized  by  this  act. 

[Approved  by  the  Governol*,  Febiiiary  35,  1815.] 


Proviso: 


CHAP.  CXXIV. 

An  Act  in  addition  to  an  act,  entitled  ^^An  act  to  incor- 
porate the  President,  Directors,  and  Company  of  tlie 
Hampshire  Bank." 


B 


>E  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  so  much  of  an  act,  entitled 
^^An  act  to  incorporate  the  President,  Directors,  and 
Company  of  the  Hampshire  Bank,"    as  regards  the  Fmther 
time  at  whicli  the  stockholders  of  said  Bank  are  requir-  *^'"'^  ^^^^"* 
ed  to  pay  in  their  fourth  instalment  of  the  capital  stock 
thereof,  be,  and  hereby  is  repealed  :  and  that  the  stock- 
holders of  said  bank  be,  and  they  hereby  are  required 
to  pay  in  their  said  foutth  instalment  of  the  capital 
stock  of  said  bank,  on  the  first  day  of   March,  in  the 
year  of  our  Lord  one  tliousand  eight  hundred  and  six- 
teen. 

f  Approved  by  the  Governor,  February  S5,  1815.] 


628  KENNEBUNK  BANK.  Feb.  S5, 1815. 

CHAP.  CXXV. 

An  Act  in  addition  to  an  act,  entitled  ^^An  act  to  incor- 
porate the  President,  Directors,  and  Company  of  the 
Kennebunk  Bank.'' 


B 


►E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  the  third  and  fourth  instal- 
further  ments  of  the  capital  stock  of  the  Kennebunk  Bank, 
fitne  given  which  by  the  act,  entitled  <^An  act  to  incorporate  the 
President,  Directors,  and  Company  of  the  Kennebunk 
Bank,"  are  required  to  be  paid  in  on  the  first  day  of 
April  next,  and  on  the  first  day  of  October  next,  shall 
be  paid  in  at  the  following  times,  viz  :  the  third  instal- 
ment, on  the  first  day  of  April,  in  the  year  of  our  Lord 
cue  thousand  eight  hundred  and  sixteen,  and  the  fourth 
on  the  first  day  of  the  October  then  next  following,  or 
at  such  earlier  time  as  the  stockholders,  at  any  meeting 
thereof  may  order,  any  thing  in  the  act,  to  which  this 
is  in  addition,  to  the  contrary  notwithstanding. 
[Approved  by  the  Governor,  February  25,  1815.] 


Proprietors 
declared. 


CHAP.  CXXVI. 

An  Act  to  incorporate  the  proprietors  of  the  Megunte  - 
kook  Meeting- House,  in  the  town  of  Camden. 

Sec.  1.  J3E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  all  persons  who  now 
are,  or  may  hereafter  be  the  proprietors  of  pews  in  the 
Congregational  Meeting- House,  in  that  part  of  the 
town  of  Camden,  known  by  the  name  of  Megunte- 
kook,  be,  and  they  are  hereby  declared  and  confirmed 
to  be  a  body  politic  and  corporate,  by  the  name  of  The 
Proprietors  of  the  Meguntekook  Meeting-House ;  and 
by  that  name  may  sue  and  be  sued,  defend  and  be  de- 


fended,  and  plead  the  general  issue,  in  all  causes  in 
which,  as  a  corporation,  they  may  be  interested. 

Sec.  2.  Be  it  further  enacted,    That  the  proprietors 
of  the  said  Meguntekook  Meeting-House  shall  have  f^^^^^Pf •^'i^ 
power  to  choose  and  appoint,  from  their  own  number, 
three  discreet  persons  for  a  committee,  to  manage  the 
prudential  affairs  of  said  corporation,  as  also  a  clerk, 
collector  and  treasurer,  and  such  other  officers  as  they 
may  judge  necessary  and  expedient,  and  to  vacate  their 
places,  and  fill  up  such  vacancies  as  occasion  may  re- 
quire ;    and  also  to  raise  money  to  fulfil  existing  con-  power  to 
ti-acts  on  account  of  said  Meeting- House,  and  for  finish-  raise moiyfyr 
ing,  maintaining,  and  keeping  in  repair  the  said  Meeting- 
House  and  other  incidental  expenses  as  may  be  deter- 
mined by  a  vote  of  the  said  corporation  ;  and  all  monies 
which  may  be  voted  to  be  raised  as  aforesaid,  shall  be 
assessed  by  said  committee  on  the  pews  of  proprietors 
in  the  said  Meeting-House,  according  to  the  relative 
value  of  each  of  said  pews  ;    and  if  any  proprietor  in 
said  Meeting  House  do  refuse  or  neglect,  for  the  space  p^^^  ^^  ,^ 
of  ninety  days,  to  pay  the  sum  which  may  be  assessed  Unquentpros 
on  him  to  pay,  on  the  pew  or  pews  he  may  own  in  the  P"**^?^'  ^^ 
said  Meeting  House,  the  said  pew  or  pews  may  be  sold 
by  the  collector  at  puldic  vendue,  and  the  money  arising 
by  the  said  sale,  shall  be  applied  to  tiie  payment  of  the 
sum  or  sums  assessed   as  aforesaid,  and  the  remainder 
(if  any  there  be)  shall  be  returned  to  the  said  delinquent 
proprietor  :    Provided  always^   That  the  said  collector  ^^^y'^^ 
wshall  give  previous  notice  of  such  sale,  twenty  days  at 
least,   by  posting  up  advertisements   thereof   at  said 
Meeting-House,  and  at  two  other  places  of  public  re, 
sort  in  the  said  town  of  Camden,  expressing  the  time 
and  place  and  cause  of  said  sale.!^~^  '    .!^l  i      t 

Sec.  3.  Be  it  further  ewacW,  Thattlie  said  corpo- 
fation  shall  have  power  to  assess  as  aforesaid  upon  the 
owners  of  pews  in  said  Megunlekook  Meeting-House,  Power  tv> 
such  sum  or  sums  of  moiffty,  as  tiiey  owe  in  their  cor-  ^*^  P*^^'' 
porate  capacity  for  the  building  or  ropairiiig  said  Meet- 
ing House,  and  for  all  otlier  incidental  expenses,  with 
Such  additional  sum  or  sums  on  any  individual  owner, 
or  owners  of  any  pew  or  pcww,  as  he  or  she  may  bt 
delinquent  in  the  pavment  of  anv  instalment  ov  assess- 
&1 


630  PEMBROKE  FISHERY.  Feh.  90, 131^. 

pient  of  money,  assessed  upon  his  or  her  pew  or  pews  j 
and  in  default  of  payment,  the  collector  of  the  said  cor- 
poration shall  proceed  as  is  directed  in  the  second  sec- 
tion of  this  act,  to  sell  the  pew  or  pews  of  such  delin- 
quent owner  or  owners,  first  giving  the  same  notice  as 
therein  directed,  and  restoring  the  balance,  if  any  re- 
main, to  the  said  delinquent  owner. 

Sec.  4.  Be  it  further  enacted,  That  any  Justice  of 
Justice  to  is.  the  Peace  for  the  county  of  Lincoln  is  hereby  empow- 
s\ie  warrant,  ered,  upon  application  therefor,  to  issue  a  warrant,  di- 
rected to  a  freeholder  and  member  of  the  said  parish 
or  society,  requiring  him  to  notify  and  warn  the  qualifi-- 
ed  voters  thereof,  to  meet  at  such  convenient  time  and 
place,  as  shall  be  appointed  in  the  said  warrant,  for  the 
first  meeting,  and  to  organize  the  said  corporation,  by 
the  election  of  its  officers. 

[Approved  by  the  Governor,  February  S5,  1815.] 


CHAP.  CXXVII. 

An  Act  in  addition  to  an  act,  entitled  ^^An  act  empovv 
ering  the  town  of  Pembroke  to  regulate  and  order 
the  taking  and  disposing  of  the  fish  called  Alewives. 
within  the  limits  of  the  said  town.'' 


Sec.  1.  X>E  it  enacted  by  the  Senate  and  House  of 
Jiepresentatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  no  person  or  persons 
shall  set,  draw,  or  cast  any  seine,  drag  or  set  net,  of 
Time  ap.  any  dimensions  whatever,  in  the  North  River  so  called, 
^°"lffi  h*  ^"  *^^^  county  of  Plymouth,  except  from  the  sun's  rising 
to  the  sun's  setting  of  the  Mondays,  Wednesdays,  and 
Fridays  of  each  Aveck ;  and  that  no  person  or  persons. 
shall,  on  said  days,  by  boats,  seines,  drag  nets,  or  by  any 
other  mode,  in  the  North  River,  drive  any  fish  into  any 
seine,  set  net,  or  other  receptacle,  by  which  fish  may  be 
taken ;  and  all  seines,  drag  or  set  nets,  cast  into  said 
river  on  the  days  mentioned  in  this  act,  shall  be  re- 
Sitricted  from  sweeping  in  said  river,  further  than  can 
be  done  by  confining  one  end  of  said  seine  to  the  bank 


»ALEM  AND  DAISTVERS.  Feh.  %7,  1815-  631 

*f  the  river  aforesaid ;  and  no  seine,  drag  or  set  net 
shall  be  set,  drawn,  or  cast  into  said  river,  above  what 
is  commonly  called  and  known  by  the  name  of  the 
Third  Herring  Brook,  or  Smelt  Brook  ;  and  no  seine 
used  in  said  river  shall  exceed  the  width  of  the  rivet 
where  it  is  used,  on  the  penalty  of  fifty  dollars  for  each 
and  every  offence,  to  be  recovered  and  appropriated  in 
the  manner  provided  for  in  the  act,  to  which  this  is  in 
addition. 

Sec.  2.  Be  it  further  enacted^  That  the  act  supple- 
mentary to  an  act,  regulating  the  taking  and  disposing  Acts  repe»i- 
of  the  fish  called  alewives  in  the  town  of  Pembroke,  ^'^* 
passed  June  the  twenty-fifth,  one  thousand  eight  hun- 
dred and  eleven,  and  the  ninth  section  of  an  act,  enti- 
tled '^  An  act  empowering  the  town  of  Pembroke  to  re- 
gulate and  order  the  taking  and  disposing  of  the  fish 
called  alewives  within  the  limits  of  the  said  town,'^  be. 
and  the  same  are  hereby  repealed. 

[Approved  by  the  Governor,  February  25,  1815. J 


CHAP.  CXXVIII. 

An  Act  for  regulating  the  Fishery  in  the  towns  of  Salem 
and  Danvers. 

Sec.  1.  XJE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,    That  all  the  provisions  for  the 
preservation  of  the  fish  called  shad,  and  for  regulating  Law  extemi- 
the  taking  the  same,  contained  in  an  act,  entitled  "^^  An  ^  * 
act  for  the  preservation  of  the  fish  called  alewives,  in 
their  passage  up  the  rivers  and  streams  leading  through 
the  towns  of  Salem  and  Danvers,  in  the  county  of  Esseij^, 
and  for  regulating  the  taking  said  fish  in  said  streams, 
and  for  repealing  all  laws  heretofore  passed  for  regulat- 
ing the  fishery  in  said  streams  and  rivers,'^  shall  be, 
and  hereby  are  extended  to  the  fish  called  shad ;  and 
the  fish  committees  of  the  said  towns  of  Danvers  and 
Salem  shall  hereafter  have  the  same  powers,  authority 
and  privileges,  and  be  subject  to  the  same  duties  for 


^3!^ 


SALEM  AND  DANVEliS. 


Feb.  27.  181j. 


the  preservation  ami  taking  sliad,  as  they  now  have, 
and  are  subject  to  for  tlic  preservatioa  and  taking  of 
alewives. 

Sec.  2.  Be  it  further  enacted^    That  the  said  fish 

Empowered  committees  or  either  of  tliem  shall  be^  and  tliey  hereby 

sluiceway.  ^^'^  authorized  and  empowered  to  make  and  open  a 
sluice-way  in  the  brook  running  from  spring  pond,  so 
called,  and  to  keep  and  maintain  the  same  open,  and 
ivithout  obstruction,  and  to  shut  and  close  the  same  up, 
as  they  may  think  expedient,  and  also  to  open  and  clear 
the  passage  ways  and  streams,  leading  from  the  said 
pond,  for  the  purpose  of  enabling  young  fish  to  pass 
down  from  the  said  pond,  from  the  tenth  day  of  April 
to  the  last  day  of  November,  in  every  year ;  and  for 
this  purpose  the  said  committees  or  either  of  them,  or 
any  member  thereof,  shall  have  authority  to  go  on  the 
land  of  any  person,  through  which  the  said  streams 
run,  or  on  which  such  land  may  be  bounded,  without 
being  considered  as  trespassers ;  and  any  person  who 
shall  molest  or  hinder  the  said  committees  or  either  of 
the  members  thereof,  in  the  execution  of  this  part  of 
their  office,  or  shall  obstruct  the  said  sluice-way  or  pas- 
sages, otherwise  than  may  be  allowed  by  said  commit- 

Forfelture.  tee  or  committees,  he  or  she  shall  forfeit  and  pay  a  sum, 
not  exceeding  fifty  dollars,  nor  less  than  five  dollars,  to 
be  recovered  and  appropriated  in  the  same  manner  as 
forfeitures  and  penalties  for  the  breach  of  the  act,  enti- 
tled *^An  act  for  the  preservation  of  the  fish  called  ale- 
wives,  in  their  passage  up  the  rivers  and  streams  leading 
through  the  towns  of  8alem  and  Danvers,  in  the  county 
of  Essex,  and  for  regulating  the  taking  said  fish  in  said 
streams,  and  for  repealing  all  laws  heretofore  passed 
for  regulating  the  fishery  in  said  streams  and  rivers,'* 

IVovJsok  are  recovered  and  ap])ropriated  :  Proindedf  That  this 
act  shall  not  give  the  said  committees,  or  either  of  them, 
any  new  powers  and  privileges  concerning  the  mills,  or 
the  sluice  or  passage  ways  at  the  mills  on  said  streams, 
iifter  the  first  day  of  June  in  each  year. 

[Approved  by  the  (roverRor,  February  27?  ISl^.J 


UNION  RIVER  FISHERY.  Feb.  S7,  IQi^.  633 


CHAP.  CXXIX 

An  Act  for  flie  preservation  of  Fish,  in  Union  river  and 
bay,  and  in  the  waters  emptying  into  the  same. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same^  That  if  any  person  shall  make 
or  continue  any  dam  or  other  obstruction  in,  or  across 
XJnion  river,  in  the  county  of  Hancock,  or  any  stream  or 
pond  emptying  into  the  same,  or  into  any  part  of  Union 
river  bay,  northerly  of  the  southern  extremes  of  Newbu- 
ry neck  and  Oak  point,  through  or  into  which  salmon,  gj^^^jj  j.^^ 
shad,  or  alewives,  have  ever  lieen  accustomed  to  pass,  for  open  psts*- 
the  purpose  of  casting  their  spawn,  without  providing  and  '''S« 
keeping  constantly  open  and  clear,  a  sufficient  passage  or 
sluiceway,  for  such  salmon,  shad  or  alewives  to  pass 
and  repass,  from  the  tenth  day  of  May  to  the  last  day 
of  June  annually,  every  such  person  shall  forfeit  and  pay 
a  fine  not  exceeding  two  hundred  dollars,  nor  less  than 
fifty  dollars  ;  and  any  person  who  shall  at  any  time  take 
any  of  the  said  fish  within  forty  feet  of  any  such  dam,  or 
otlier  o])struction,  passage  or  sluice  way,  shall  forfeit  and 
pay  a  fine  of  five  dollars,  for  each  and  every  such  oflence. 

Sec.  2.  Be  it  further  enacted^  That  any  person  who 
shall  take  any  salmon,  shad,  or  alewives,  in  any  of  the 
waters  aforesaid,  ])etweeR  tlie  twentieth  day  of  May  and 
the  first  day  of  July  annually,  at  any  other  time  or  times 
than  between  sun  rise  on  Monday  and  sun  rise  on  Thurs-  ^^^1,''  tish 
day,  in  each  week,  shall  forfeit  and  pay  for  each  salmon  contrur)  f. 
two  dolla.rs,  for  each  shad  one  dollar,  and  for  each  alewive  '*^ 
twenty  cents,  so  taken ;  and  any  person  Avho  shall  use 
any  net,  seine,  or  other  machine,  lor  the  purpose  of  taking 
Any  of  said  fish,  by  drifting  in  any  of  said  waters,  shall 
for  every  such  oflTence  forfeit  and  pay  a  fine  not  exceeding 
thirty  dollars,  nor  less  than  fifteen  dollars ;  and  any 
person  who  shall  at  any  time,  during  three  years  next 
succeeding  the  time  when  this  act  shall  go  into  operation, 
take  any  salmon,  shad  or  alewives  in  any  of  the  waters 
ftforcsaid,  such  person  shall  forfeit  and  pay,  for  each 


634  BERKSHIRE  COURT  SE88.  Feb.  27,  1815. 

salmon,  shad,  or  alewive  so  taken,  the  same  fines  as  arfe 
above  specified. 

Sec.  3.  Be  it  further  enacted,  That  all  the  provisions' 
of  an  act,  entitled  "  An  act  for  the  preservation  of  fish  in 
Penobscot  river,  and  the  several  streams  emptying  into 
Frovlsions  of  the  same,^'  passed  on  the  twenty-second  day  of  February, 
*ct  extended  jjj  \\^q  year  of  our  Lord  one  thousand  eight  hundred  and 
fourteen,  so  far  as  the  same  be  not  inconsistent  with,  and 
repugnant  to  the  provisions  of  this  act,  be,  and  they  are 
hereby  extended  to  Union  river  and  bay,  and  the  streams 
and-ponds  emptying  into  the  same,  and  to  all  the  towns 
and  plantations  adjoining  thereto,  and  to  all  persons 
having  concern  lierewith,  as  fully  and  extensively  as  they 
are  intended  to  operate  for  the  preservation  of  fish  in  Pe. 
nobscot  river,  and  the  streams  and  ponds  emptying  into 
the  same. 

Sec  4.  Be  it  further  enacted,  That  this  act  shall  be  in 
force  from  and  after  the  first  day  of  April  next,  and  that 
all  laws  heretofore  made  for  the  purposes  aforesaid  be, 
Act,  when  in  and  the  Same  are  hereby  repealed :  Provided  neverthe- 
^^^^'  less,  that  all  offences  committed  against  any  law  which 

may  be  hereby  repealed,  and  all  prosecutions  and  pro- 
cesses now  pending  thereon,  shall  be  prosecuted  and  pro- 
ceeded in,  to  final  judgment  and  execution,  as  if  this  act 
had  never  been  made. 

[Approved  by  the  Governor,  February,  27,  1815.] 


CHAP.  CXXX. 

An  Act  respecting  the  Court  of  Sessions  in  the  county 
of  Berkshire. 

Sec.  1.  XSe  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  tke^ 
i)ut  of  ses  f^'^^hority  of  the  same.  That  it  shall  be  the  duty  of  the 
sion'justice'l  Scssiou  Justices  of  the  Circuit  Court  of  Common  Pleas 
in  the  county  of  Berkshire,  to  attend  at  the  next  term  of 
the  Circuit  Court  of  Common  Pleas,  to  be  holdcn.  in 
said  county,  on  the  second  Monday  of  April  next ;  and 
the  Justices  of  said  Circuit  Court  of  Common  Pleas,  whec 


WBSTPORT  MAN.  COMP.  Feb.  S7,  181^.  635 

said  session  Justices  are  associated  with  tliem^  shall  have 
cognizance  and  jurisdiction  of  the  same  matters  and 
things  as  they  now  have  by  the  fourth  section  of  an  act, 
entitled  "  An  act  to  transfer  the  powers  and  duties  of 
the  Court  of  Sessions  to  the  Circuit  Court  of  Common 
Pleas,  and  for  other  purposes." 

Sec.  2.  Be  it  further  enacted,  That  all  petitions,  re- 
cognizances, warrants,  orders,  certificates,  and  processes 
made  to,  pending  in,  taken  for,  or  continued  in,  or  re-  petitions &c. 
turnable  to  the  next  term  of  said  court  in  said  county, 
of  which  said  Circuit  Court  of  Common  Pleas,  when 
3aid  session  Justices  are  associated  with  them,  have  cog- 
nizance and  jurisdiction,  shall  be  continued  to,  have  day, 
proceeded  in,  and  determined  at  the  next  term  of  said 
court  to  be  holden  in  said  county,  on  the  second  Mon- 
day of  April  next. 

[Approved  by  the  Governor,  February  27,  1815.] 


CHAP.  CXXXI. 

Aa  Act  to  establish  The  Westport  Cotton  Manufac- 
turing 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  Daniel  Hale,  Joseph  Gray,  persons  m. 
John  Mason,  and  Hanan  Wilbour,  together  with  such  corporated. 
others  as  may  hereafter  associate  with  them,  and  their 
successors  or  assigns,  be,  and  they  are  hereby  made  a 
corporation,  by  the  name  of  The  Westport  Cotton  Manu- 
facturing Company,  for  the  purpose  of  manufacturing  cot- 
ton yarn  and  cloth,  in  the  town  of  Westport ;  and  for  this 
purpose,  shall  have  all  the  powers  and  privileges,  and 
shall  also  be  subject  to  all  the  duties  and  requirements 
prescribed  and  contained  in  an  act,  passed  on  the  third 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  nine,  entitled  *^  An  act  defining  the  general 
powers  and  duties  of  Manufacturing  Corporations." 

Sec.  %.  Be  it  further  enacted,  That  the  said  corpo- 
ration may  lawfully  hold  and  possess  such  real  estate^  uot 


636  SOMERSET  COURT.  Feb.  27,  181^. 

exceeding  the  value  of  fifty  thousajid  dollars,  and  such 
ivfay  hold     personal  estate,  not  exceedinir  the  value  of  one  hundred 

real  and  per- J  j    i    n  ,    ^  i 

stjnai  estate  thousand  dollars,  as  may  be  necessary  and  convenient 
for  estahlishing  and  carrying  on  the  manufacture  of  cot- 
ton aforesaid. 

[Approved  by  the  Governor,  February  27,  1815.] 

A««*^  CHAP.  CXXXII. 

An  Act  to  alter  the  time  of  holding  the  Circuit  Court 
of  Common  Pleas,  within  and  for  the  county  of  Som- 
erset. 


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  Circuit  Court  of  Com- 
mon Pleas,  now  appointed  hy  law  to  be  holden  at  Nor- 
Holding^  of    Hdgew  ock,  witliin  and  for  the  county  of  Somerset,  on  the 
court.  fourth  Tuesday  of  June  annually,  shall,  from  and  after 

the  passing  of  this  act,  be  holden  at  Xorridgewock,  with- 
in and  for  the  said  county  of  Somerset,  on  the  Tuesday 
next  preceding  the  second  Monday  of  August  annually. 
Sec.  2.  Be  it  further  enacted,  That  all  recognizances, 
warrants,  complaints,  and  every  process,  precept,  mattef 
and  thing,  returnable  to  said  court  on  the  fourth  Tuesday 
of  June  next,  and  all  parties  and  persons  that  have  been, 
or  may  be  required  or  directed  to  appear  and  attend,  at 
the  time  and  ])lace  first  abovo  mentioned,  sliall  be  return- 
ed to,  entered,  appear,  and  attend,  hivvG.  day,  be  heard, 
tried,  and  determined  at  the  term  thereof  a])pointed  by 
this  act,  to  be  holden  on  the  Tuesday  next  preceding  the 
second  Monday  of  August  next. 

Sec.  3.  Be  it  farther  enacted.  That  the  day  on  -which 
said  court  is  to  be  holden  as  aforesaid  may,  in  all  judicial 
proceedings,  be  expressed  and  designated  by  sucli  Tues- 
day of  the  month,  as  will  be  the  day  on  which  such  court 
is  to  be  holden,  pursuant  to  tiiis  act.  And  (ill  acts  an»l 
Former  acts  parts  of  acts,  SO  far  as  the  same  are  inconsistent  with  the 
lepeaitd.  jHovisious  of  tliis  act,  shall  be,  and  the  same  are  hereby, 
repealed. 

[Approved  by  the  Goveriior,  February  27-  181(i.] 


VARMOUTH  FISHERIES.  Feb.  %7,  1816.  m 

CHAP,  cxxxm. 

Au  Act  to  regulate  the  Fisheries  in  the  town  of  Yarmouth. 

Sec.  1.  JLJE  it  enacted  hy  the  Senate  and  House  of 
Rejjresentatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,  That^  from  and  after  the  passing  Empowcredl 
of  this  act,  the  town  of  Yarmouth  shall  be,  and  hereby '"  ^^  .<se 
are  empowered  and  directed  at  their  meeting  for  the  °   '^^"' 
choice  ot  town  officers  in  March  or  April  annually,  to 
choose  three  or  more  persons,  being  freeholders  in  the 
said  town,  to  see  that  this  act  be  duly  observed  5    and 
each  person,  so  chosen,  shall  be  sworn  faithfully  to  dis- 
charge the  duties  required  of  him  by  this  act ;    and  the 
«aid  committee  shall  meet  together  annually,  on  or  be- 
fore the  twentieth  day  of  April,  and  such  time  and 
place  as  they,  or  a  majority  of  them,  shall  appoint;  and 
the  major  part  of  the  committee  present  at  such  meeting, 
are  hereby  authorized   and  empoAvered  to  order   the 
times,  places  and  manner,  in  w  hich  it  may  he  lawful  to 
take  any  of  the  fish  called  herring,  alewives,  perch,  and 
eels,  in  said  town ;  and  the  said  committee,  or  a  majority 
of  them,  are  hereby  fully  authorized  and  empowered  to 
cause  the  natural  course  of  the  streams  through  which 
the  said  fish  pass,  to  be  kept  open  and  without  obstruc-  streams  to 
tion,  to  remove  such  as  may  he  found  therein,  and  to        ^^    ^ 
make  the  said  passage-ways  wider  or  deeper,  if  they 
shall  judge  it  necessary;  and  said  committee  or  either 
of  them,  paying  a  reasonable  consideration  therefor,  if 
demanded,  shall  have  authority,  for  those  purposes,  to  go 
on  the  land  or  meadow  of  any  person,  through  which  said 
streams  run,  without  heing  considered  as  trespassers ; 
and  any  person  who  shall  molest  or  hinder  the  said 
committee,  or  either  of  them,  in  the  execution  of  the 
business  of  his  or  their  office,  or  shall  ohstruct  any  pas* 
sage-way  in  the  rivers,  streams,  coves,  or  ponds  in  said 
town,  otherwise  than  may  be  allowed  by  the  said  com-  Forfeitwe, 
mittee,  he  or  they  shall  forfeit  and  pay  a  fine  for  every 
such  offence,  not  exceeding  ten  dollars,  nor  lesi  tbaa 
three  dollars. 

55 


est  YARMOUTH  FISHERIES.  Feb.  27,  1815. 

Sec.  2.  Be  it  further  enacted^   That  the  said  com- 
mittee, or  the  major  part  of  them  present  at  any  meeting 
May  open     duly  notified,  being  not  less  than  three  in  number,  shall 
dams.  j^g^  j^jjj  hereby  are  authorized  and  empowered  to  open, 

or  cause  to  be  opened  any  dam,  or  sluice  of  any  mill, 
or  other  dam  now  erected,  or  that  may  be  hereafter 
erected  on,  or  over  any  of  the  said  rivers  or  streams^ 
between  the  place  where  such  rivers  or  streams  empty 
themselves  into  the  sea,  at  low  water,  and  the  ponds 
in  which  the  said  fish  usually  cast  their  spawns,  at  th» 
expense  of  the  owner  or  owners  of  such  dam  or  sluice, 
Pfov'.so.  provided  such  owner  or  owners  shall  neglect  to  open 
the  same  when  thereto  required  by  the  said  committee, 
or  the  major  part  of  them,  immediately  after  being  thus 
required  so  to  do  ;  and  the  dam  or  sluice  so  opened 
shall  continue  open  every  year,  to  such  depth  and  width 
and  for  such  term  of  time  between  the  first  day  of  April 
and  thirtieth  day  of  June,  as  the  major  part  of  said 
committee  shall  judge  necessary ;  and  if  any  person  or 
persons  shall  obstruct  the  said  passage-ways  allowed  or 
ordered  by  the  said  committee,  or  a  major  part  of  them, 
Penalty,  in  any  dam  or  sluice,  such  person  so  offending  shall, 
on  conviction  before  any  Justice  of  the  Peace  for  the 
county  of  Barnstable,  pay  a  fine  for  every  such  offenc« 
not  exceeding  ten  dollars,  nor  less  than  three  dollars ; 
and  the  said  committee  shall  cause  every  such  obstruc- 
tion to  be  forthwith  removed. 

Sec.  3.  Se  it  further  enacted.  That  if  any  person 
Penalty  for  or  persous  fihall  take  any  of  the  said  fish  in  the  rivers, 
c^vKvar  ^to  streams,  ponds,  or  coves  aforesaid,  at  any  time,  in  any 
law.  place,  or  in  manner  other  than  shall  be  allowed  by  the 

said  committee  as  aforesaid,  each  person  so  offending, 
for  each  and  every  such  offence  shall,  on  conviction  as 
aforesaid,  pay  a  fine  not  exceeding  four  dollars,  nor  less 
than  one  dollar,  if  the  quantity  of  fish  so  taken  is  less 
than  one  barrel :  but  if  tlie  quantity  of  fish  so  taken  shall 
be  one  barrel  or  more,  siicli  person  or  persons  so  offend- 
ing:; shall  forfeit  and  pay  for  each  and  every  barrel  of 
fisli  so  taken,  the  sum  of  four  dollars. 

Sec.  4.  Be  it  further  enacted^  Tha  if  the  committee 
i;;isU  unlaw-  aforcsaid,  or  either  of  them,  shall  detect  any  person  or 
iiiHy  taken,  peisons  in  attempting  to  take  any  of  the  said  fish  at  any 


Village  factory.  Feb.  27,  isi^?.       639 

lime  or  in  any  place,  or  in  any  manner,  otherwise  than 
is  allowed  by  the  committee,  or  shall  find  such  fish  with 
such  person  or  persons,  such  person  or  persons  shall  be; 
deemed  to  have  taken  the  said  fish  unlawfully,  and  shall 
be  subject  to  the  penalties  of  this  act  accordingly,  unless 
sucli  person  or  persons  can  make  it  appear  on  trial,  that 
they  came  by  the  said  fish  in  some  other  way. 

Sec.  5.  Be  it  further  enacted,    That  if  any  vessel, 
boat,  or  craft,  shall  be  found  within  the  limits  of  any  of  vfay  seize 
the  rivers,  streams,  ponds  or  coves,  with  any  more  of  boats,  &ow 
said  fish  than  shall  be  permitted  by  the  committee  afore- 
said, it  shall  be  the  duty  of  said  committee,  and  they  are 
hereby  authorized  to  seize  such  vessel,  boat  or  craft, 
and  detain  the  same  not  exceeding  forty-  eight  hours,  iu 
order  that  tlie  same  may  be  attached  or  arrested  by  due 
process  of  law,  and  made  answerable  for  said  fines  and 
forfeitures,  m  ith  cost  of  suit :    Provided  Jiowever,  That  „     . 
as  soon  as  the  owner  or  master  of  said  vessel,  boat,  or 
craft,  shall  pay  such  fines  and  forfeitures  to  the  treas- 
urer of  said  town,  if  he  shall  pay  the  same  before  be- 
ing sued,  such  vessel,  boat,  or  craft,  shall  be  discharged 
with  the  eftects  therein. 

Sec.  6.  Be  it  further  enacted,   That  all  the  forfeit- porfeity,„ 
ures  incurred  by  virtue  of  this  act,  shall  be  to  the  use  incurred. 
of  the  said  town  of  Yarmouth,  to  be  recovered  by  an 
action  on  the  case,  iu  any  court  proper  to  try  the  same, 
to  be  brought  by  the  treasurer  thereof. 

[Approved  by  the  Governor,  Februaiy  2/?  181 5.] 


CHAP.  CXXXIV. 

An  Act  for  altering  the  name  of  The  Village  Cotton 
Wool  and  Linen  Manufacturing  Compajiy, 

JljE  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same,   That,  fi*om   and  after  the  ^' 'mo  of 
passing  of  this  act,  the  Village  Cotton  Wool  and  Linen  ;^;eS:'"^ '^* 
Manufacturing  Company,  in  Dudley,  in  the  county  t>f 
Worcester,  shj^U  be  allowed  to  take  the  name  of  The 


eiQ  MINORS.  reb.  27,  1815; 

Village  Factory ;   and  by  that  name  sliall  hereafter  be 

called  and  known,  shall  sue  and  be  sued,  any  thing  iu 

their  act  of  incorporation,  to  the  contrary  notwithstanding. 

[Approved  by  the  Governor,  February  27,  1815.] 


CHAP,  CXXXV. 

An  Act  to  protect  Minors,  and  to  secure  the  rights  of 
Parents,  Guardians,  and  Masters. 


Sec.  1.  XJjE  it  enacted  hy  the  Senate  and  House  of 
Mepreeentatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  if  any  person  within  this 
Commonwealth  shall  hereafter  enlist  or  cause  to  be  en- 
listed, into  the  army  of  the  United  States,  any  minor 
under  the  age  of  twenty-one  years,  knowing  him  to  be 
such  minor,  without  the  consent  in  writing  of  his  parent, 
guardian  and  master,  and  such  minor  shall  within  six 
months  after  his  enlistment  be  removed  out  of  this  Com- 
eniistingmi"  mouwealtli,  SO  that  he  cannot  be  had  before  the  Judicial 
nora.  Tribunals  of  this  Commonwealth,  by  virtue  of  a  writ  of 

Habeas  Corpus,  the  jierson  so  enlisting  such  minor,  or 
so  causing  him  to  be  enlisted,  on  conviction  thereof,  be- 
fore the  Supreme  Judicial  Court,  shall  forfeit  and  pay 
a  fine  not  exceeding  five  hundred  dollars,  or  be  impris- 
oned for  a  term  not  exceeding  one  year. 

Sec.  2.  Be  it  further  enacted,  That  if  any  person, 
knowing  any  one  to  be  a  minor,  under  the  age  of  twenty- 
one  years,  shall  persuade  him  to  depart  from  this  Com- 
monwealth, with  intent  to  enlist  in  the  army  of  the  United 
States,  without  the  consent  of  his  parent,  guardian  and 
master,  on  the  conviction  thereof,  before  the  Supreme 
Judicial  Court,  shall  forfeit  and  pay  a  fine  not  exceed- 
ing five  hundred  dollars,  or  be  imprisoned  for  a  term 
not  exceeding  one  year. 

Sec  3.  Be  it  further  enacted^  That  if  any  minor, 
under  the  age  of  twenty-one  years,  shall  be  hereafter 
enlisted  within  this  Commonwealth,  into  the  army  of  the 
United  States,  without  the  consent  in  writing  of  his 
parent,  guardian  and  master,  either  of  the  Justices  of  th« 


BILLERICA  FISHERY.  Feh.  28,  1815.  Ut 

Supreme  Judicial  Court,  or  of  the  Court  of  Common 
Pleas,  or  the  Judge  of  the  Boston  Court  of  Common 
Pleas  are  hereby  respectively  authorized  and  required,  Justice  may 
on  application  therefor,  to  award  a  writ  of  Habeas  Cor-  award  awnt. 
pus  returnable  forthwith,  directed  to  the  officer  or  person 
restraining  such  minor ;  and  such  Justice  or  Judge  is 
hereby  authorized  and  required,  after  a  full  hearing  of 
the  parties  who  shall  appear  before  him,  to  discharge 
such  minor  so  enlisted. 

Sec.  4.  Be  it  further  enacted,  That  the  Justice  or 
Judge  aforesaid  is  hereby  authorized  and  empowered  thorized*^ 
to  inquire  into  the  causes  of  the  imprisonment  or  restraint 
of  any  person  brought  before  him,  on  such  writ  of  Ha- 
beas Corpus,  the  return  of  the  officer  or  person  on  said 
writ  to  the  contrary  notwithstanding. 

Sec.  5.  Be  it  further  enacted^  That  all  tines  and 
forfeitures,  incurred  by  virtue  of  this  act,  shall  be  recov-  *^'"es  and 
ered  by  indictment,  or  information,  in  the  Supreme  Ju- 
dicial Court,  to  tiie  use  of  the  Commonwealth :  Provided, 
that  the  Justice  of  said  Court,  who  shall  preside  at  the 
trial  in  which  any  such  ilne  or  forfeiture  shall  be  recov- 
ered, may  award  to  t!ie  parent,  guardian  or  master  of 
such  minor,  such  part  of  .such  tine  or  forfeiture,  so  re- 
covered, not  exceedins;  the  one  moiety  thereof,  as  he  in  „  . 
his  discretion  sliall  think  proper :  Provided  also,  that 
all  persons  concerned  shall  be  entitled  to  all  tlie  privi- 
leges, and  subject  to  all  the  penalties  and  requisitions, 
given  and  incurred  in  an  act,  entitled  ^^  An  act  directing 
the  process  in  Habeas  Corpus,''  where  the  same  tlo  not 
contravene  the  provisions  of  this  act. 

[Approved  by  the  Governor,  February  27,  1815.] 


CHAP.  CXXXVI. 

An  Act  to  regulate  tht  Shad  and  Alewivc  Fishery  with^ 
in  tlic  towu  of  Billerica. 

Sec.  1.  JDE  it  enacted  hy  tj^e  Senate  and  House  of 
Meprcscntatives  in  General  Court  assembled,  and  hy  the 
authority  of  the,  same.  Tliat  it  jshall  and  mnv  be  lawful 


fi43  BILLERICA  FISHERY.  Feb,  S8,  1815. 

for  the  inhabitants  of  the  town  of  Billerica,  at  a  legal 
town  meeting  in  the  month  of  March  or  April,  annually, 
May  appoint  to  choose  a  Committee  of  three  or  more  discreet  persons, 
a  committee  ^^  g^jj  ^P  otherwise  dispose  of  the  exclusive  right  or 
privilege  of  taking  shad  and  alewives  in  Concord  river, 
within  the  limits  of  said  town,  at  such  times  and  places, 
and  under  such  regulations  and  restrictions,  not  repug- 
nant to  the  laws  of  this  Commonwealth,  as  said  committee 
shall,  from  year  to  year,  establish  and  determine ;  a  copy 
of  which  shall  be  posted  up,  at  three  public  places  at 
least,  in  the  said  town  ;  and  the  emoluments  arising  from 
said  right  or  privilege  shall  be  appropiated  to  such  uses 
and  purposes  as  said  inhabitants  shall,  in  legal  town 
meeting,  from  time  to  time  determine. 

Sec.  2.  Be  it  further  enacted^  That  if  the  purchaser 
or  purchasers  of  said  riglit,  or  any  person  by  them  em- 
ployed, shall  take  any  of  said  fish,  in  any  other  manner, 
or  at  any  other  time  and  place,  than  said  committee  shall 
authorize  and  allow,  or  if  any  other  person,  except  the 
Penalty  for  said  purcliaser  or  purchasers,  or  those  by  them  employ- 
"n^toruTe^  ^'t^?  shall  take  any  of  said  fish  in  said  river,  witliin  the 
limits  of  said  town,  every  person  so  ofiending,  or  who 
shall  be  aiding  or  abetting  therein,  shall  for  every  oflcnce 
forfeit  and  pay  a  sum  not  exceeding  thirteen  dollars,  nor 
less  than  seven  dollars,  to  l)e  recovered  » y  action  of  debt 
before  any  Justice  of  the  Peace  within  the  county  of  Mid- 
dlesex ;  one  moiety  to  him  who  shall  sue  for  the  same, 
and  the  other  moiety  to  tlie  use  of  the  said  town  of  Bil- 
lerica. 

Sec.  3.  Be  it  farilier  enacied,  That  said  committee 
Rower.  shall  have  power  to  determine  and  establish  the  price, 
which  said  purchaser  or  purcliasers  shall  liave  a  right 
to  demand  and  receive  for  said  fish  ;  and  if  any  such  )>ur- 
chaser,  or  any  person  acting  under  their  authority,  shall 
refuse  to  sell  said  fish,  when  in  their  power  so  to  do,  at 
the  price  which  shall  be  determined  as  aforesaid,  of 
which  notice  shall  have  been  given  them  by  said  com- 
mittee, every  person  so  oflFending  shall,  for  each  offence, 
forfeit  and  pay  a  sum  not  exceeding  ten  dollars,  nor  less 
than  five  dollars  to  the  person  injured,  to  be  recovered 
Proviso,  *^  aforesaid  :  Provided  nevertheless,  that  nothing  in  this 
act  contained  shall  be  construed  to  take  away  or  impair 


DEAN  MANU.  COMP.  Feb.28,  iSi5,  643 

the  authority  of  any  fish  wardens,  or  any  other  persons, 
derived  from  any  existing  laws  for  regulating  the  taking 
of  fish  in  said  river,  except  so  far  as  it  relates  to  the  ap- 
propriation of  forfeitures,  for  offences  mentioned  in  the 
second  section  of  tliis  act. 

[Approved  by  the  Governor,  February  28,  1815.] 


CHAP.  CXXXVII. 

An  Act  to  establish  The  Dean  Cotton  Manufacturing 
Company. 

Sec.  1.  J3E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Coitrt  assembled,  and  by  the 
atithority  of  the  same,  That  Robert  Dean,  William  Stro-  Persons  m. 
bridge,  Jesse  Hartshorn,  Joseph  Dean,  jun.  William  *^'''"P°'^*^^"* 
Reed,  and  Cyrus  Caswell,  with  such  others  as  have  as- 
sociated, or  may  associate  with  them,  their  successors 
and  assigns,  be,  and  they  hereby  are  made  a  corporation, 
by  the  name  of  The  Dean  Cotton  Manufacturing  Com- 
pany, for  the  purpose  of  manufacturing  cotton  yarn  and 
cloth  in  Taunton,  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,  entitled  ^»  An  act  defining  the  general  powers  and 
duties  of  Manufacturing  Corporations,'^  passed  on  the 
third  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  nine. 

Sec.  2.  Be  it  fui'ther  enacted,  That  said  corporation 
may  be  lawfully  seized  of  such  real  estate,  not  exceed- 
ing the  value  of  thirty  thousand  dollars,  and  possessed  JfaUndpli- 
of  such  personal  estate,  not  exceeding  the  value  of  sixty  sonai  estate, 
tl:  )usand  dollars,  as  may  be  necessary  and  convenient 
for  carrying  on  the  manufacture  of  cotton  yarn  and  cloth, 
ill  said  town  of  Taunton. 

[Approved  by  the  G^ovcrnw,  February  28,  181;^.] 


644  MANUFACT.  COMPANIES*  1*^6.38,1815/ 


CHAP.  CXXXA^in. 

An  Act  to  incorporate  The  Stockbridge  Cotton  Mann  • 
facturing  Company. 

Sec.  1.  JljE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
Persons  in-  authority  of  the  same.  That  Frederick  Perry  and  Au- 
oorporated.  gugt^g  Sherrill,  together  with  such  as  may  hereafter  as- 
sociate with  them,  their  successors  and  assigns,  be,  and 
they  hereby  are  made  a  corporation,  by  the  name  of  The 
Stockbridge  Cotton  Manufacturing  Company,  for  the 
purpose  of  manufacturing  cotton  cloth  and  yarn  in  the 
town  of  Stockbridge,  in  the  county  of  Berkshire  ;  and 
for  this  purpose  shall  have  all  the  powers  and  privileges, 
and  shall  also  be  subject  to  all  the  duties  and  require- 
ments prescribed  and  contained  in  ^^  An  act  defining  the 
general  powers  and  duties  of  Manufacturing  Corpora- 
tions,^' passed  on  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    ^jg^y  lawfuUv  hold  and  possess  real  estate,  not  exceed- 
uonai  estate,  ing  the  value  of  thirty  thousand  dollars,  and  personal 
estate,  not  exceeding  sixty  thousand  dollars,  for  the  pur- 
poses aforesaid. 

[Approved  by  the  Governor,  February  28,  1815.] 


CHAP.  CXXXIX. 

An  Act  to  incorporate  The  Farmers'  Cotton  and  Wool> 
ien  Factory  in  Union. 


Sec.  1.  -OE  it  enacted  by  the  Senate  and  House  of 
Mepresentafivps  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Spencer  Wolcott,  Abner 
eorpoi'ated.  Duuton,  Jesse  Metcalf,  Johu Lcrmoud,  and  others,  who 
have  associated  with  them,  together  with  such  other  per- 
sons as  may  hereafter  associate  with  them,  then*  succesr 


Persons  in- 


MILITARY  CORPS.  i^'eft.  28,  1815.;  645 

sors  and  assigns,  be,  and  they  are  hereby  made  a  corpo- 
ration, by  the  name  of  The  Farmers  Cotton  and  Woollen 
Factory  in  Union,  for  the  purpose  of  manufacturinj;  cot- 
ton and  woollen  cloth  and  yarn  in  the  town  of  Union,  in 
the  county  of  Lincoln ;  and  for  the  purpose  aforesaid  shall 
liave  all  the  powers  and  privileges,  and  shall  be  subject 
to  all  the  duties  and  requirements  contained  in  an  act, 
passed  on  the  third  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  nine,  entitled  "  An 
act  defining  the  general  powers  and  duties  of  manufact- 
uring corporations." 

Sec.  2.  Be  it  further  enacted,  That  said  corporation 
may  be  lawfully  seized  and  possessed  of  such  real  estate,  ^'ay  he 
not  exceeding  the  value  of  fifty  thousand  dollars,  and  sonai"^ 
such  personal  estate,  not  exceeding  one  hundred  thous- 
and dollars,  as  may  be  necessary  and  convenient  for 
carrying  on  the  manufacture  aforesaid. 

[Approved  by  the  Governor,  February  28,  1815.] 


hold 


per- 
estate. 


CHAP.  CXL. 

A.n  Act  to  repeal  an  act,  entitled  "  An  act  to  establish  a 
Military  Corps,  for  the  defence  of  the  Commonwealth 
of  Massachusetts. 


B 


>E  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by 
the  authority  of  the  same^  That  an  act,  passed  the  twen-  Act  repeal. 
tieth  day  of  October,  in  the  year  of  our  Lord  one  thous-  «^* 
and  eight  hundred  and  fourteen,  entitled  "  An  act  to  es- 
tablish a  military  corps  for  the  defence  of  the  Common- 
wealth of  Massachusetts,"  be,  and  the  same  is  hereby 
repealed. 

[Approved  by  the  Governor,  Febi-uaiy  28,  1815.2     . 


646  SCHOOL  HOUSES.  Feb.  tS,  181fi. 


CHAP.   CXLI. 

An  Act  in  addition  to  the  several  acts,  regulating  tlie 
building  and  repairing  of  School-houses. 

XDE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,  That  whenever  a  meeting  of  the 
inhabitants  of  any  School  district  within  this  Common- 
wealth, shall  be  called  conformable  to  the  act  to  which 
this  is  in  addition,  for  the  purpose  of  building  or  repairing 
Rapairlng  of  ^"'y  School-house  in  the  said  district,  and  a  majority  of 
School  hou-  the  voters  present  are  opposed  to  the  building  or  repair- 
^''  ing  necessary  to  be  made,  as  stated  in  the  Sv arrant  by 

which  the  said  meeting  was  called,  it  shall  be  lawful  for 
any  five  or  more  of  the  freeholders,  who  arc  inhabitants 
of  said  school  district,  to  make  application  in  writing 
to  the  Selectmen  of  the  town  in  which  such  School  district 
is  situated,  requesting  them  to  insert  in  their  warrant  for 
calling  the  next  town  meeting  an  article,  requiring  tha 
opinion  of  the  town  relative  to  the  building  or  repairing, 
or  the  procurement  of  any  utensils  for  the  School-house, 
as  proposed  in  the  meeting  of  said  school  district ;  and 
if  a  majority  of  the  voters  present  in  said  town  meeting 
shall  think  the  building  or  repairing  necessary  and  ex- 
pedient, they  shall  then  grant  such  a  sum  of  money  as 
they  shall  think  necessary  for  defraying  the  expense  of 
such  building  or  reparing,  and  the  same  shall  be  asse^ssed 
on  the  polls  and  estates  of  the  inhabitants  of  said  district, 
and  collected  in  manner  and  form  as  is  provided  in  the 
act,  entitled  ^^  An  Act  in  addition  to  an  act,  entitled  An 
act  to  provide  for  the  instruction  of  youtli,  and  for  the 
promotion  of  good  education." 

£Approvcd  by  the  Governor,  February  28,  t815.] 


INDUSTRY.— EAST  SUDBURY.    Feb,2S,iSiS.  m 

CHAP.  CXLn. 

An  Act  to  annex  a  gore  of  land  to  the  town  of  Industry, 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  a  certain  tract  of  land,  called  Land  set  ofi; 
the  New  Vineyard  Gore,  being  all  such  part  of  the  town 
of  New  Vineyard,  as  lies  south  of  a  line,  running  from 
the  northwest  corner  of  the  town  of  Industry  due  west, 
until  it  strikes  the  west  boundary  line  of  the  town  of  New 
Vineyard,  be,  and  the  same  hereby  is,  together  with  the 
inhabitants  thereon,  set  off  from  the  town  of  New  Vine- 
yard, and  annexed  to  the  town  of  Industry  :  Provided,  Proviso, 
that  the  inhabitants  of  said  tract  of  land  shall  be  holden 
to  pay  their  proportion  of  all  legal  taxes  which  have  been 
assessed,  ordered,  or  voted  to  be  laid  on  said  town  of 
NewVineyard,  by  the  iuhal)itants  of  said  New  Vineyard, 
or  by  the  General  Court,  previous  to  the  passing  of  this 
act,  m  the  same  manner  as  though  this  act  had  never 
been  passed. 

Sec.  2.  Be  it  further  enacted,lL\i?ii'm.2X)i  State  taxes 
which  shall  hereafter  be  granted,  until  a  new  valuation 
shall  be  settled,  three  cents  be  taken  from  the  sumdivISd.° 
which  the  said  town  of  New  Vineyard  now  pays  on  one 
thousand  dollars,  in  the  present  valuation,  and  added  to 
the  said  town  of  Industry. 

[Approved  by  the  Governor,  February  S8,  1815.] 

CHAP.  CXLIII. 

An  Act  to  establish  a  Ministerial  Fund,  in  the  town  of 
East  Sudbury. 

Sec.  i.  X3E  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assemoled,  and  by  the 
pnthorify  of  the  sawc.  That  thr>  SelectmeB  of  t^Q  towjsi 


§48  E:AST  ^tlDBURY.  Fe6. 38, 1810. 

of  East  Sudbury  for  the  time  being,  and  the  Deacons  of 
the  church  for  the  time  being,  in  the  said  town  of  East 
Trustees  in-  Sudbury,  be,  and  they  are  hereby  appointed  and  incor- 
cbrporated.  po^-ated  as  Trustees,  by  the  name  of  The  Trustees  of  the 
East  Sudbury  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  mtxed,'^and 
prosecute  and  defend  the  same  to  final  judgment  and  ex- 
ecution, by  the  name  aforesaid  ;  and  shall  have  all  other 
powers  which  are  incident  to,  and  necessrily  belonging 
to  the  like  corporations  ;  and  the  said  trustees  and  their 
successors  may  annually  elect  one  of  their  number  as 
President,  and  a  Clerk  to  record  the  doings  of  said  trus- 
tees, and  a  Treasurer  to  receive  and  pay  the  money  be- 
longing to  the  said  Fund,  according  to  the  provisions  of 
this  act,  who  shall  give  bond  to  the  said  trustees  for  the 
faithful  performance  of  his  duty,  and  shall  be  at  all  times 
responsible  for  the  faithful  application  of  the  monies 
which  may  come  into  his  hands  conformably  to  the  true 
intent  and  meaning  of  this  act,  and  for  all  neglect  or  mis- 
conduct in  his  office. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Trustees 
be,  and  they  are  hereby  authorized  and  empowered  to  sell 
Authority  ^^^^  couvey  the  several  lots  of  land,  belonging  to  the  town 
•ind  power,  of  East  Sudbury,  which  have  been  and^are  appropriated 
to  the  support  of  the  ministry  in  said  town,  and  the  mo- 
nies  arising  from  the  sale  of  the  said  land  shall  be  put 
on  interest,  a-nd  shall  form  a  fund  for  the  support  of  the 
ministry  in  said  town,  which  shall  be  under  the  care  and 
management  of  the  said  trustees,  in  the  manner  provided 
for  and  directed  in  this  act ;  and  ail  gifts,  grants,  dona- 
tions, 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  when  the  said  Trustees  shall  loan  tlie 
said  monies,  or  any  part  thereof,  the  same  sh;:ll  be  secured 
by  mortg.  ge  on  real  est;^te,  to  twice  the  v.' lue  of  the  mo- 
ney loaned,  or  secured,  by  two  or  more  sufficient  sure- 
ties, with  the  principal ;  and  the  interest,  and  that  only, 


EAST  SUDBURY.  Feb.  28, 1815.  649 

shall  ever  be  appropri  \tcd  for  the  uses  r fores.' id ;  and 
it  sh  11  never  be  in  the  power  of  the  s.  id  trustees  to  /ilter 
or  ..lien  te  the  ..ppropri  tion  of  the  fund  « fores  id.  And 
the  s  .id  trustees  .re  hereby  .  uthorized  to  m  ike  and  exe-  Authorized 
cute  a  good  .m\  sufficient  deed  or  deeds  of  the  s  id  sever«l  deeds!  ^ 
lots  of  1,  nd,  which  sh  <11  be  subscribed  by  the  Tre  .surer, 
with  their  se  1  hereto  affixed,  oud  by  him  duly  acknowl- 
edged ;  and  when  so  executed  r-nd  delivered,  shall  be 
good  jiudefifectu.  1  in  l.;w,  to  p.ss  and  to  convey  all  the 
rights  of  sttid  town  in  anil  to  said  real  estate  to  the  pur- 
chaser thereof. 

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  belong-  compensa- 
ing  to  the  said  fund,  but  a  reasonable  compensation  shall  tion  of  offi- 
be  paid  them  by  the  town ;  and  the  said  Trustees,  and  *^^"' 
each  of  them,  shall  be  responsible  to  the  town  for  their 
personal  neglect  or  misconduct,  whether  they  be  officers 
or  not,  and  liable  to  prosecution  for  any  loss  or  damage 
resulting  thereby  to  the  fund  ;  and  the  debt  or  damage 
recovered  in  such  suit,  shall  be  to  the  use  and  addition 
of  the  said  fund.     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  funds,  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  author-  j^sti^c  to  is 
ized,  upon  application  therefor,  to  issue  his  warrant,  di-  sue  warrant. 
rected  to  one  of  the  trustees  named  in  this  act,  requiring 
him  to  notify  and  call  a  meeting  of  the  said  trustees,  to 
be  holder!  at  such  convenient  time  and  place,  as  may  1)C 
appointed  in  said  warrant,  to  organize  the  said  corpora- 
tion, by  the  appointment  of  its  officers. 

[Approved  by  the  Grovernor,  February  28,  1815.] 


»50  LYNN  BANK—UNION  FACT.      Feb,ftSy  181^. 


CHAP.  CXLIV. 

An  Act  in  addition  to  an  act,  entitled  ^^An  act  to  incor- 
porate the  President,  Directors,  and  Company  of  th«? 
Lynn  Mechanics'  Bank." 


B 


►E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same.  That  the  last  instalment  of  fifty 
Further  time  dollars  on  cach  share  of  the  capital  stock  of  the  Lynn 
aiiowcii.  Mechanics'  Bank,  in  lieu  of  being  paid  in  at  the  time 
as  by  law  now  prescribed,  may  be  paid  in  at  the  discre- 
tion  of  the  stockholders  of  said  banli,  at  any  time  within 
one  year  from  the  passing  of  this  act,  any  thing  in  the 
act  to  which  this  act  is  in  addition  to  the  contrary  not- 
withstanding. 

[Approved  by  the  Governor,  Febmary  28,  1815.3 


Persons  in. 
'^orporated . 


CHAP.  CXLV. 

An  Act  to  establish  The  Union  Cotton  Factory  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  Roswell  Merrick,  Enoch 
Wiswall,  George  A.  Pearse,  and  Artemas  Wiswall^ 
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  Union  Cotton  Factory 
Company,  for  the  purpose  of  manufacturing  cotton  cloth 
and  yarn,  in  the  town  of  Monson :  and  for  this  purpose, 
shall  have  all  the  powers  and  privileges,  and  shall  be 
subject  to  all  the  duties  and  requirements,  prescribed 
and  contained  in  an  act,  entitled  ^' An  act  defining  the 
general  powers  and  duties  of  Slanufacturing  Corpora- 
tions,"  passed  the  third  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eigiit  hundi\.d  and  nine. 


©EDHAM  BANK.— CHESHIRE.      Feh.  S8, 1813.  631 

Sec.  2.  Be  it  further  enacted,  That  the  said  corpo- 
ration, in  their  corporate  capacity,  may  lawfully  hold  and 
possess  such  real  estate,  not  exceeding  the  value  of  xMay  imid 
seventy-five  thousand  dollars,  and  such  personal  estate,  [^J'^j"^it*^' 
not  exceeding  one  hundred  thousand  dollars,  as  may  be 
necessary  and  convenient  for  carrying  on  the  manufac- 
ture of  cotton  goods,  in  the  said  town  of  Monson. 

[Approved  by  the  Goveraor,  February  28,  ISIS.] 


CHAP.  CXLVI. 

An  Act  in  addition  to  an  act,  entitled  ''  An  act  to  incor- 
porate the  President,  Directors,  and  Company  of  the 
Dedham  Bank." 

-DE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  third  and  fourth  instal- 
ments of  twenty-five  dollars  on  each  share  of  the  Capi^ 
tal  Stock  of  the  Dedham  Bank,  in  lieu  of  being  paid  in  instaimem 
at  the  several  times,  as  by  law  now  prescribed,  may  re-  to  be  paid 
spectively  be  paid  in  at  the  discretion  of  the  stockhold-  ^^''''^'"  °"^ 
ers  of  said  Bank,  at  any  time  within  one  year  from  the  ^^^^' 
passing  of  this  act,  any  thing  in  the  act  to  which  this 
act  is  in  addition  to  the  contrary  notwithstanding. 
[Approved  by  the  Governor,  February  28,  1815.] 

CHAP.  CXLVn. 

An  Act  to  incorporate  The  Cheshire  Crown  Glass  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  Darius  Brow  n,  Jolin  Brown,  „ 
John  Leland,  jun.  Ambrose  Kasson,  and  John  Hunt,  to-  corpoiated. 
gether  with  such  others  as  may  associate  with  them,  their 
successors  and  assigns^  be^  and  they  hereby  are  made  a 


mentJt 


652  LOANS.  Feb.  25,  181d. 

corporation  by  the  name  of  The  Cheshire  Crown  Glass 
Company,  for  the  purpose  of  manufactiuiug  glass  of 
every  description  in  the  town  of  Cheshire,  in  the  county 
of  Berkshire ;  and  for  that  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties 
and  requirements  contained  in  an  act,  entitled  "  An  act 
defining  the  general  powers  and  duties  of  Manufacturing 
Corporations,''  passed  on  the  third  day  of  March,  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. 
May  hold     ^®*  exceeding  the  value  of  seventy  thousand  dollars,  and 
real  and  per-  such  personal  estate,  not  exceeding  thirty  thousand  dol- 
sonal  estate.  |^j,g^  ^^  ^^j  j^g  convenient  and  necessary  for  the  man- 
ufacture of  glass  as  aforesaid. 

[Approved  by  the  Governor,  February  28,  1815.] 


CHAP.  CXLVIII. 

An  Act  relating  to  Loans  made  to  defray  expenses  in- 
curred by  the  Commonwealth  during  the  late  war, 
and  for  other  purposes. 

Sec.  1.  X3E  it  enacted  btj  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assemble d^  and  by  the 
authority  of  the  saine.  That  any  bank  within  this  Com- 
monwealth, which  before  the  first  day  of  April  next  may 
have  loaned  any  sum  or  sums  of  money  for  the  special 
purpose  of  paying  the  expenses,  or  any  part  thereof,  in- 
curred in  defence  of  the  Commonwealth,  during  the  late 
war,  in  pursuance  of  the  provisions  of  its  act  of  incorpo- 
ration, may,  on  or  before  the  first  day  of  April  next,  sur- 
render the  note  or  notes  of  the  Treasurer  of  the  Common- 
shaUreceiv.  wealth,  given  therefor,  and  shall  receive  the  interest 
interest.  thereon  from  the  time  or  times  of  making  such  loan  or 
loans  to  the  Commonwealth,  up  to  the  said  first  day  of 
April,  at  and  after  the  rate  of  six  per  centum  per  annum^ 
and  shall  receive,  in  lieu  of  such  note  or  notes,  so  sur- 
rendered, a  certificate  or  certificates  of  the  principal 
sum  or  sums  loaned,  bearing  interest  at  and  after  the 


CONNECTICUT  RIVER.  March  1,  1815.  658 

vate  of  six  per  centum  per  annum,  from  the  said  first  day 
of  April,  payable  semi  annually  on  the  first  day  of  Octo- 
ber and  of  April ;  said  certificates  to  be  issued  in  such 
form  as  the  Governor  and  Council  may  direct,  and  in  such 
sums,  not  under  five  hundred  dollars,as  the  bank,  having 
so  loaned,  may  request,  to  be  redeemable  at  the  pleasure 
of  the  Coramonvvealth,  and  transferable  at  the  office  of 
the  Treasurer ;  which  certificates  shall  be  deemed  and 
taken  as  evidence  of  money  loaned  to  the  Commonwealth, 
in  pursuance  of  the  provisions  of  the  act  of  incorporation 
aforesaid,  until  the  same  is  repaid  or  transferred  by  the 
bank. 

Sec.  2.  Be  it  further  enacted^  That  any  bank,  which 
may  after  the  said  first  day  of  April  next,  and  before  the 
first  day  of  July  next,  loan  to  the  Commonwealth,  any 
sum  or  sums  of  money  for  the  purposes  aforesaid,  shall  re-  (Certificate  to 
ceive  from  the  Treasurer  of  the  Commonwealth  a  certifi-  be  given, 
cate  or  certificates  therefor,  bearing  interest  at  and  after 
the  rate  of  six  per  centum  per  aniuim,  payable  semi  annu- 
ally on  the  first  day  of  October  and  of  April,  which  said 
certificates  shall  be  granted,  transferred  and  paid  in  the 
manner  herein  before  provided. 

[Approved  by  the  Crovernor,  February  28,  1815.] 


CHAP.  CXLIX. 

An  Act  to  prevent  damage  to  Bridges  and  Dams  across 
Connecticut  River  in  this  Commonwealth. 


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  pnssing  shall  not 
of  this  act,  it  sli!.ll  not  be  In  wful  for  i;ny  person  to  drive  ^'oat^imbe'-, 

or  float  down,  or  cause  to  be  driven  or  flo^-.ted  down  Con-  river!*^" 
necticut  river,  within  this  Commonwealth,  jsny  mnsts, 
sp-:rs,  logs,  or  other  timber,  unless  the  same  shall  be 
formed,  nd bound  intor.fts,  and  pi  ced  under  the  care  * 
of  <  sufficient  number  of  persons  to  govern  ?nd  m^^nge 
the  sjane,  so  as  to  prevent  d  mae;e  being  done  thereby  ; 
and  if  any  person  shall  drive  or  iioat  down,  or  cause  to  be 
57 


654  BUXBURY  MANU.  COMP.  March  1,  1815. 

driven  or  floated  down  said  river,  within  this  Common- 
wealth,  :iny  masts,  spars,  logs,  or  other  timber,  without 
the  same  being  foimed  and  bound  together,  and  under  the 
care  of  a  sufficient  number  of  persons  as  aforesaid,  every 
such  person  and  every  other  person,  having  any  right  or 
Penalty.  interest  in  any  timber,  bound  together  as  aforesaid,  or 
otherwise  in  any  manner  floating  or  passing  down  said 
river,  sIijU  be  li.tble for  ;iny  damage  which m?iy  be  done 
to  aiy  bridges  or  dams,  over  or  across  said  river,  or  iiny 
part  thereof  within  this  Commonwealth,  by  means  of  any 
timber  so  driven,  flouted  or  in  any  manner  passing  down 
Slid  river. iS  :'foresuid  ;  and  all  persons  or  corporations, 
owning  or  interested  in  any  such  bridges,  or  dams,  may 
hnve  »nd  m-.itit  in  a  special  action  of  the  case  for  the  re- 
covery thereof,  in  jniy  court  properto  try  the  sume,  any 
law,  usage,  or  custom  to  the  contrary  notwithstanding. 
[Approved  by  the  Grovernor,  March  1,  1815. 


CHAP.  CL. 

An  Act  to  iucorporatu  The  Duxbiiry  South-River  Man- 
ufacturing Company. 


Sec.  1.  jL}Ei  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  CoiiH  assembled,  and  by 
the  authority  of  the  same,  That  i^liira  Wadsworth, 
Persons  in-  Thomas  Wiusor,  Freeman  Loring,  Luther  Phillips, 
coipoiated.  Whittemore  Peterson,  Thomas  Cushmau,  Dura  Wads- 
worth,  Isaiah  Aldeii,  Luther  Pcirce,  Wadsworth  Chand- 
ler, Daniel  Chandler,  David  Delano,  Peleg  Weston, 
Bailey  Hall,  and  Peleg  Weston,  jun.  together  with  such 
other  persons  as  have  or  may  hereafter  associate  with 
them,  their  successors  and  assigns,  be,  aud  they  hereby 
arc  made  a  corporation,  by  the  name  of  The  Duxbury 
South-River  Manufacturing  Company,  fgr  the  purpose 
of  manufacturing  cotton  and  woollen  goods  (and  ma- 
Ciiinery  for  the  same)  at  Duxbury,  in  the  county  of 
Plymouth ;  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  passed  on  the  third 


I 


KINGVILLE.  March  i,  1815.  Csai 

day  of  March,  in  the  year  of  oar  Lord,  one  thousand 
eight  hundred  and  nine,  entitled  "An  act  defining  tljc  ge- 
neral powers  and  duties  of  manufacturing  corporations." 
Sec.  2.  Be  it  further  enacted^  Tliat  the  said  corpo- 
ration  may  be  lawfully  seized  of  such  real  estate,  not  May  hold 
exceeding  the  value  of  fifty  thousand  dollars,  and  such  souaresute! 
personal  estate,  not  exceeding  one  hundred  thousand 
dollars,  as  may  be  necessary  and  convenient  for  estab- 
lisliing  and  carrying  on  the  manufactory  of  cotton  and 
woollen  goods  at  Duxbury  aforesaid. 

[^ Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLI. 

An  Act  for  establishing  the  westerly  line  of  the  town 
of  Kingville,  and  fur  altering  the  name  thereof. 

XiE  It  enacted  by  the  Senate  and  House  of 
'RejJresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same.  That  the  name  of  the  town  of  j^.^^^^^  ^^- 
Kingville,  in  the  county  of  Kennebeck  be,  and  the  same  town  altered 
is  hereby  altered  to  the  name  of  Joy,  and  that  said  tow  n 
shall  hereafter  be  know  n  and  called  by  the  said  last  men- 
tioned name,  any  thing  in  the  act  whereby  the  said  town 
was  incorporated  notwithstanding ;  and  that  the  w  esterly 
line  of  the  tract  of  land  formerly  known  and  called  town- 
ship num!)er  four,  in  the  first  range,  north  of  the  Wjildo 
patent,  shall  licreafter  be  the  westerly  line  of  said  tow  n. 
[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CIJI. 

An  Act  to  incorporate  The  Strattou  Cotton  Manufac- 
turing Company. 

Skc.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same^  That  George  Stratton,  Mclatiah 


656  PHILLIPS  TON  MAN.  COMP.        March  i,  1815. 

Everett, William  Sumner,  Jacob  Leonard^Beriali  Mann, 
and  Elias  Nason,  with  such  others  as  may  hereafter  as- 
sociate with  them,  their  successors  and  assigns,  be,  and 
they  are  hereby  made  a  corporation,  by  the  name  of  The 
Stratton  Cotton  Manufacturing  Company,  for  the  pur- 
pose of  manufacturing  cotton  yarn  and  cloth,  in  the  town 
of  Foxborough,  in  the  county  of  Norfolk ;  and  for  the 
purpose  aforesaid,  shall  have  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties,  requirements  and 
liabilities,  contained  in  an  act,  entitled  "An  act  defining 
the  general  powers  and  duties  of  manufacturing  cor])o- 
rations,"  passed  on  the  third  day  of  March,  in  the  year 
of  our  Lord  one  tliousand  eight  hundred  and  nine. 
Sec.  2.  Be  it  further  enacted,  That  said  corporation 
Ma  •  hold  ^^y  ^^  lawfully  seized  and  possessed  of  such  real  estate, 
real  and  per- not  exceeding  the  value  of  thirty  thousand  dollars,  and 
sonai  estate.  gQch  personal  estate,  not  exceeding  the  value  of  sixty 
thousand  dollars,  as  may  be  necessary  and  convenient 
for  carrying  on  the  manufacture  aforesaid,  in  the  said 
town  of  Foxborough. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLIIl. 

An  Act   to   incorporate    The  Phillipston  Cotton  and 
AYooUen  Manufacturing  Company. 

Sec.  1.  J3E  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  hy  the 
authority  of  the  same,  That  Ignatios  Goulding,  Joseph 
Goulding,  and  Simon  Br.ncroft,  with  such  others  as  may 
cciporae  .  }j(,j.g,j^f^gj.  g^ggociate  with  them,  their  successors  and  as- 
signs, be,  and  they  are  hereby  made  a  corporiition,  by  the 
name  of  The  Phillipston  Cotton  and  Woollen  Manu- 
facturing Company,  for  the  purpose  of  manuft.cturing 
cotton  and  woollen  yarn  and  cloth  in  the  town  of  Phil- 
lipston ;  and  for  this  purpose  said  corporation  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 


I'cvsons  ill. 


PROSPECT  SOUTH  PARISH.       March  \,  1815.  057 

duties  of  manufacturing  corporations,"  passed  on  the 
third  day  of  March,  in  the  year  of  our  Lord  one  thous- 
and eight  hundred  and  nine. 

Sec.  2.  lie  it  further  enacted,  That  the  said  corpo- 
ration maj'  laM  fully  hold  and  possess  such  real  estate,  reaf and  per- 
not  exceeding  the  value  of  twenty  thousand  dollars,  and  sonai  estate. 
such  personal  estate,  not  exceeding  twenty  thousand 
dollars,  as  may  be  necessary  and  convenient  for  carry- 
ing on  the  manufactures  aforesaid. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLIV. 

An  Act  to  establish  The  South  Congregational  Parish, 
in  the  town  of  Prospect. 

Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,  That  the  inhabitants  dwelling  in 
that  part  of  the  town  of  Prospect,  in  the  county  of  Han-  Parish  m- 
cock,  as  contained  within  the  following  described  lines,  ^^^P*''^^**  • 
be,  and  they  are  hereby  incorporated  and  established 
as  a  distinct  parish,  by  the  name  of  The  South  Con- 
gregational Parish  in  the  town  of  Prospect,  viz :  South- 
ward and  westward  of  a  line  beginning  on  Penobscot 
river,  in  the  line  forming  the  northeastern  angle  of  land 
of  Alexander  Black,  thence  continuing  westwardly  in 
said  line  to  the  northwestern  angle  of  the  land  of  said 
Alexander  Black,  thence  running  and  continuing  such 
course  as  shall  intersect  the  line  of  Frankfort,  due  north 
from  the  north  end  of  half  moon  pond ;  and  the  said 
South  Congregational  Parish  is  hereby  vested  with  all 
the  powers  and  privileges,  and  sulnected  to  all  the  duties 
which  are  required  of  parishes  and  religious  societies, 
according  to  the  constitution  and  laws  of  this  Common 
wealth. 

Sec.  2.  Be  it  further  enacted,  That  any  Justice  of 
the  Peace  for  the  county  of  Hancock  is  hereby  empovv-  ^^^y.caU  a 
ered,  upon  application  therefor,  to  issue  a  warrant,  di-    ^^  '"'' 
rected  to  a  freehold  inhabitant  of  the  snid  South  Con 


Q9S 


STATE  PRISON. 


March  if  1815. 


gregational  Parish,  requiring  liiiii  to  notify  and  warn  a 
meeting  of  the  inhabitants  thereof,  at  such  convenient 
time  and  place,  as  shall  be  appointed  in  the  said  war- 
rant, to  organize  the  said  parisJi,  by  the  election  of  its 
officers. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLV. 

An  Act  in  further  addition  to  an  act,  entitled  ^^An  act 
providing  for  the  government  and  regulation  of  the 
State  Prison." 


Sec.  1.  XjE  it  enacted  hy  the  Senate  anil  House  of 
Representatives  in  General  Court  assembled,  and  by 
May  appoint  ^^^  authority  of  the  same,  That  His  Excellency  the 
a  chaplain.  Grovemor,  by  and  witli  the  advice  and  consent  of  the 
Council,  be,  and  he  is  hereby  authorized  to  appoint 
and  commission,  during  pleasure,  a  chaplain  for  the 
State  Prison,  whose  duty  it  shall  be  to  perform  divine 
service  therein  on  the  sabbath,  and  on  other  days  ap- 
pointed for  public  worship,  and  also  to  visit  the  sick, 
and  instruct  the  convicts  in  their  moral  and  religions 
duties. 

Sec.  3.  Be  it  further  enacted,  That  His  Excellency 
the  Grovernor,  by  and  with  the  advice  and  consent  of  the 
ifhysician  to  Couucil,  be,  aud  lie  is  hereby  authorized  to  appoint  and 
be  appointed  commissiou,  duriug  pleasure,  a  physician  for  said  prison, 
whose  duty  it  shall  be  to  prescribe  for  the  sick  convicts, 
as  occasion  may  require,  and  also  to  attend  to  the  regi- 
men, clothing  aud  cleanliness  of  the  prisoners  ;  and 
whose  order  for  supplies  in  tlie  medical  department  shall 
authorize  the  warden  to  procure  the  same. 

Sec.  3.  Be  it  further  enacted,  That  the  chaplain 
shall  receive  one  hundred  and  fifty  dollars,  the  pliysician 
shall  receive  two  hundred  and  fifty  dollars,  and  the 
directors  shall  receive  one  hundred  dollars  each,  annu- 
ally, payable  in  quarterly  payments,  in  full  compensa- 
tion for  their  services. 


Compensa- 
tion I  stab- 
Jiihed 


STABLEB.— BLUEHILL.  March  1,  181«.  099 

Sec.  4.  Be  it  further  enacted.   That  all  acts  and  ^^^^  repeaX- 
parts  of  acts,  heretofoie  passed,  which  are  inconsistent  ed. 
with  the  provisions  of  this  act,  be,  and  the  same  are 
hereby  repealed. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLYI. 


An  Act  repealing  an  act  regulating  Stables. 

X3e  it  enacted  by  the  Senate  and  House  of 
ilepresentatives  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  an  act,  passed  on  the  Act  repealed! 
nineteenth  day  of  October  last,  entitled  "An  act  for 
regulating  public  stables  throughout  the  Common- 
wealth,*' be,  and  tlie  same  is  hereby  re])ealed. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLVII. 

An  Act  in  addition  to  an  act,  entitled  "  An  act  to  estab- 
lish Tlie  Bluehill  Turnpike  Corporation." 

Sec.  1.  Jl5E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,    That  the  Bluehill  Turnpike  real  estac 
Corporation  shall  and  may  lawfully  hold  and  possess 
real  estate,  not  exceeding  in  value  ten  thousand  dollars. 

Sec.  2.  Be  it  further  enacted,  That  if  any  person 
shall  travel  on  the  road  of  said  corporation,  and  turn  off  Penal  i;s, 
the  same  when  coming  near  the  toll  gate  thereon,  with 
a  design  to  avoid  paying  toll,  and  then  come  on  to  said 
road  again,  notwithstanding  it  may  liave  })een  where  the 
turnpike  was  made  on  the  old  road,  shall  be  liable  to  all 
the  penalties  provided  in  the  act  establishing  said  cor- 
poration, for  refusing  or  avoiding  th'>>  payment  of  tolls : 
Provided,  any  part  of  said  travelling  be  on  that  part  of  Pffv  iso. 
the  turnpike  not  made  on  the  old  road, 

[Approved  by  the  Governor,  Maich  i.  1815.] 


660  MERRIMACK  INS.  COMP.  March  1,  1815 


CHAP.  CLVIII. 

An  Act  to  repeal  an  act,  entitled  "An  act  limiting  the 
period,  during  which  any  person  shall  be  eligible  to 
the  office  of  County  Treasurer." 

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  twenty- 
Act  repealed  second  day  of  June,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eleven,  entitled  "  An  act  limiting  the 
period  during  which  any  person  shall  be  eligible  to  the 
office  of  County  Treasurer,"  be,  and  the  same  is  hereby 
repealed. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.   CLIX. 

An  Act  in  addition  to  an  act,  entitled  "  An  act  to  incor- 
porate William  Bartlet  and  others  into  a  company, 
by  the  namTt)f  The  Merrimack  Insurance  Company." 

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

Mepresentatives  in  General  Court  assembled,  and  by 

the  autJiority  of  the  same,  That  the  act,  entitled  "An  act 

to  incorporate  William  Bartlet  and  others  into  a  compa- 

A  ^ .,   •    ^  ny,  by  the  name  of  The  Merrimack  Insurance  Compa- 

Act  rev;ved.     *",,•;  ,      ,  .     ,         ,  .       ,  ,    ,,         * 

ny,"  be,  and  the  same  is  hereby  revived,  and  the  pro- 
visions thereof  established  and  confirmed,  unto  the  said 
William  Bartlet  and  others,  who  are  or  shall  become 
stockholders  in  said  company,  notwithstanding  the  fail- 
ure of  a  compliance  on  the  part  of  said  company,  with 
the  terms  of  said  act :  Provided,  that  nothing  herein 
contained  shall  be  construed  to  affect  the  liability  or  rights 
of  said  company,  or  the  rights  of  any  ])erson  or  persons 
who  may  have  been  injured,  by  the  failure  of  said  comr 
pany  to  comply  with  the  terms  of  said  act. 


iVIINOT.  March  1>  1845.  ^i 

Sec.  2.  Be  it  fuHher  enacted,  That  the  capital  stock 
of  said  company,  araoimtiiig  to  one  hundred  thousand 
dollars,  shall  all  be  paid  in  within  on^^  year  from  the  pass-  Payment  of 
ing  of  this  act,  viz.  twenty-five  per  cent  thereof  on  or  be-  ^*P^^*'* 
fore  the  tenth  day  of  April  next,  and  the  residue  at  sucli 
limes  Avithin  the  year  aforesaid,  and  in  such  instalments 
as  said  company  shall  direct. 

Sec.  3.  Be  it  further  enacted,  That  William  Bartlei, 
Nicholas  Pike  and  Jeremiah  Nelson,  or  any  tw  o  of  them, 
are  hereby  authorized  to  call  a  meetins;  of  the  members 

«       .  1  ,.  I       ''•     -ivT       1  X    Authorized 

of  said  corporation  as  soon  as  maybe,  in  JNcav  bury  port,  to  call  meet. 
for  the  purpose  of  electing  a  Board  of  Directors,  to  con-  i"g« 
tinue  in  office  until  the  next  annual  meeting,  by  giving 
such  notice  as  is  required  by  the  third  section  of  the  act 
to  which  this  is  in  addition. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLX. 

An  Act  in  addition  to  an  act,  entitled  ^^  An  act  to  divide 
the  town  of  Poland,  and  to  incorporate  the  northerly 
part  thereof  into  a  separate  tc.vn^  by  the  name  of 
Minot." 

Sec.  1.  -OE  it  enactedly  the  Senate  and  House  of 
ReprGsentativesin  General  Court  assembled,  and  bytJie 
authority  of  the  same,  That  so  much  of  the  second  sec- 
tion of  the  act,  entitled  "An  act  to  divide  the  town  of  Act 
Poland,  and  to  incorporate  the  northerly  part  thereof  repealed 
into  a  separate  town,  by  the  name  of  Minot,''  as  de- 
fines the  manner  in  which  the  towns  of  Poland  and 
Minot  shall  support  their  paupers,  be,  and  the  same  is 
liereby  repealed. 

Sec.  2.  Be  it  further  enacted,  That,  from  and  after 
the  passing  of  this  act,  every  person  who  liad  a  legal 
settlement  in,  but  was  removed  from  the  tovvii  of  Poland  ^^  ^^  ^  ^ 
aforesaid,  at  the  time  of  the  division  of  said  Poland  and  poor. 
Incorporating  Minot,  and  who  had  not  gained  a  legal  set- 
tle^nent  elsewhere,  shall  have  his  legal  settlement  in, 
58 


in   part 


BRIGHTON  FISHERY.  March  i,  1815. 

and,  if  of  public  charge,  be  supported  by  that  town, 
wherein  his  former  dwelling  or  Lome  Mas,  at  the  tima 
of  the  .aforesaid  division  of  Poland. 

[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.   CLXI. 

An  Act  to  regnlate  the  Shad  and  Alewive  Fishery  in  the 
town  of  Brighton. 

Sec.  1.  .IjE  it  enacted  by  the  Senate  and  House  of 
Mej^resentativcs  in  General  Court  assembled,  and  kytke 
authointy  of  the  samcj  That,  from  and  after  the  passing 
this  act,  it  shall  be  lawful  for  the  inhabitants  of  the  town 
of  Brighton,  by  their  agents,  to  sell  the  right  and  regu- 
Mav  sell  the  ^^^^  ^^^^  places  and  manner  of  taking  the  fish  called  shad 
fishery.  and  alcAvives,  within  the  limits  of  said  town,  subject  in 
all  things  to  an  act  passed  on  the  twenty-eighth  day  of 
February,  one  thousand  eight  hundred,  entitled  "An 
ajct  to  prevent  the  destruction  of  the  tlsli  called  alewives 
and  shad,  in  Charles^  River.'*  And  the  inhabitants  of 
said  toAvn,  at  their  annual  meetings  in  March  or  April, 
are  hereby  authorized  and  empowei  '^d  to  appoint  agents, 
whose  duty  it  shall  be  to  carry  into  execution  the  purpo- 
ses of  this  act. 

Sec.  2.  Be  it  furtlier  enacted.^  That  the  agents  afore- 
said may,  for  and  in  behalf  of  said  town,  and  to  their 
use  and  beneiit,  sell  the  right,  regulate  the  places  and 
manner  of  taking  said  fish  within  the  limits  of  said  town, 
for  one  or  mare  years  at  a  time,  as  the  town  may  direct ; 
and  the  proceeds  arising  by  such  sale,  said  Agents  shall 
be  held  to  pay  over  to  the  Treasurer  of  said  town. 
Sec.  3.  Be  it  further  enacted.  That  the  said  agents 
J  „;,^  Qf  £5j,  shall,  after  establishing  such  rules  and  regulations  as 
gents.         they  may  think  necessary,  and  by  determining  by  whom 
said  fish  may  be  taken,  cause  an  attested  copy  thereof  to 
be  posted  up  in  some  public  place  in  said  town;    and  if 
any   person    or   persons,    other    than  those  to    whom 
said  right  is  sold,  or  persons  employed  by  tiicm,  shall 
take  any  of  the  fish  called  shad  or  alewives,  within  the 


ALNA  AND  NEAV  CASTLE.        March  i,  1815.  663 

limits  aforesaid,  or  if  any  person  or  persons  to  whom 
said  right  is  sold,  or  those  employed  by  them,  shall  take 
any  of  said  fish  in  any  other  place  or  in  any  other  manner  Penalty  for 
than  shall  be  expressed  in  the  conditions  of  sale,  every  con't"^r/'to 
person  so  oftending  shall  severally  forfeit  and  pay  a  sum  law. 
not  exceeding  ten  dollars,  nor  less  than  four  dollars,  for 
each  and  every  offence,  to  be  recovered  in  an  action  on 
the  case,  to  the  use  of  any  person  who  may  sue  for  the 
same,  or  the  town  may  sue  by  their  fish  agents. 
[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLXII. 

An  Act  to  incorporate  The  Protestant  Metliodist  Society 
in  Alua  and  New  Castle. 


III- 


Sec.  1.  IjE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,  Tliat  Ezekiel  Averell,  Samuel 
Averell,jun.  Barnabas  Bruce,  Samuel  Cargill,  Thomas 

Chase,  Vyilliam  Cochran,  David  Cook, Copeland, 

Thomas  Cunningham,  jun.  Joseph  Dunton,  Jotham  jigrsons 
Dunnell,  Thomas  Fairservice,  Matthew  Harley,  Eze-  corporated 
kiel  Hearsey,  JosepJi  Hilton,  James  Hodge,  David  Hunt, 
Samuel  Johnson,  Samuel  Keunedy,  jun.  Joseph  Laiten, 
Robert  Lenox,  Timothy  S.  Morrell,  David  Murray, 
Robert  Murray,  David  Otis,  Timothy  Page,  Andrew 
Peters,  Robert  Robinson,  John  Rundlet,  Oaks  Rund- 
let,  William  Simpson,  James  Stevens,  Mark  Stevens, 
Joseph  Tarr,  Lewis  Tobey,  GidLon  Turner,  Cornelius 
Turner,  Benjamin  Woodbridge,  jun.  Hodge  Wood- 
bridge,  and  Robert  Robinson,  togetlier  with  their  fami- 
lies and  estates,  and  such  others  as  may  hereafter  asso- 
ciate with  them,  and  their  successors,  be,  and  they  are 
hereby  incorporated  as  a  religious  society,  for  religious 
purposes  only,  by  tlie  name  of  The  Protestant  Methodist 
Society  in  Ahia  and  New  Castle  ;  and  as  such  shall 
have  all  the  powers  and  privileges,  and  shall  also  be 
subject  to  the  same  duties,  as  other  Religious  Societies^ 
according  to  the  constitutien  and  lav.  s  of  this  Common- 
wealth. 


604  ALNA  AND  NEW  CASTLE.        March  i,  181a. 

j-j.Sfcc.  3.  Be  it  further  enacted,  IMiat  any  person,  be- 
longing to  any  other  religious  society,  in  either  of  the 
said  towns  of  Alna  or  NeAv  Castle,  who  may  desire  to  be- 
come a  member  of  the  said  Protestant  Methodist  Society,, 
shall  declare  his  or  her  intention  in  writing  to  the  minis- 

Mwiner  of  tcr  or  clcrk  thereof,  and  shall  also  deliver  a  copy  of  the 
becoming  a  game  declaration  to  the  town  clerk,  fifteen  days  before 
the  annual  town  meeting ;  and  if  such  person  doth  re- 
ceive and  can  produce  a  certificate  of  admission  to  meitf- 
bership,  signed  by  the  minister  or  clerk  of  said  Metho- 
dist society,  such  person,  with  his  or  her  poll*  and  es- 
tate, from  the  date  of  such  certificate,  shall  be  considered 
as  members  of  the  said  Methodist  society ;  and  the  said 
certificate  shall  operate  and  have  efiect  to  exonerate  such 
person  from  taxation  for  the  support  of  the  minister  of 
any  other  religious  denomination,  in  the  town  where  such 
person  may  dwell  or  reside. 

Sec.  3.  Be  it  further  enacted,  That  when  any  member 
of  the  said  Protestant  Methodist  Society,  living  in  either 
of  the  said  towns  of  Alna  or  New  Castle,  may  see  cause 

this* ¥octety^  to  secede  therefrom,  and  to  unite  with  any  other  religious 
society  in  the  town  where  he  or  she  may  dwell  or  have 
their  home,  the  same  form  and  process  shall  be  had  and 
done,  mutatis  mutandis,  as  is  prescribed  in  the  second 

Proviso.  section  of  this  act :  Provided  however,  that  in  every  case 
of  secession  from  any  one  religious  society  and  joining 
anotlier,  every  s-uch  person  shall  be  holden  in  law  to  pay 
his  or  lier  proportion  or  assessment  of  parish  or  society 
taxes  and  expenses  legally  assessed  and  due  and  unpaid 
at  the  time  of  such  secession. 

Sec.  4.  Be  it  further  enacted,  That  any  Justice  of 
the  Peace  for  the  county  of  LincoUi,  upon  application 

Justice  to  is-  therefor,  is  here])y  empov,  ered  to  issue  a  warrant,  di- 

sue  warrant,  rected  to  a  ficeliolder  and  member  of  the  said  Protestant 
Methodist  Society,  requiring  him  to  notify  and  warn  the 
members  thereof  to  meet  at  such  convenient  time  and 
place  as  may  be  appointed  in  the  said  warrant,  to  or- 
ganize the  said  society  by  the  election  of  its  officers. 
[Approved  by  the  Governor,  March  1,  1815.] 


AMHERST.  March  1,  i8i5.  66d 


CHAP.  CLXin. 

An  Act  altering  the  boundary  line  between  Hadley  and 

Amherst. 

9ec.  1.  X3E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  west  boundary  line  of 
lot  number  fifteen,  in  the  fifth  division,  originally  laid 
out  to  John  Smith,  running  from  the  north  line  of  the 
town  of  South  Hadley,  to  the  bay  road,  and  continued 
across  said  road,  so  as  to  intersect  the  north  side  thereof, 
together  with  all  that  part  of  the  north  side  of  said  road, 
which  lies  between  the  point  of  said  intersection  and  the  Boundary 
original  south  west  corner  of  the  town  of  Amherst,  shall  ^"^^  ^**^**' 
forever  hereafter  constitute  the  boundary  line  between 
the  town  of  Amherst  and  that  part  of  the  town  of  Had- 
ley which  lies  south  of  the  north  side  of  the  said  road. 

Sec.  2.  Be  it  further  enacted,  That  all  the  land  lying 
south  and  west  of  the  boundary,  by  this  act  established, 
and  heretofore  comprised  within  the  limits  of  Amherst, 
be,  and  hereby  is  annexed  to  Hadley,  and  that  all  the  ^^"'^  annex- 
land  lying  east  of  said  boundary,  and  heretofore  included 
within  the  limits  of  Hadley,  be,  and  hereby  is  annexed 
to  Amherst :    Provided,  that  nothing  herein  contained  proviso, 
shall  prevent  the  collection  of  any  taxes  now  due  from 
the  owners  of  said  lands,  to  either  of  said  towns. 
[Approved  by  the  Governor,  March  1,  1815.] 


CHAP.  CLXIV. 

An  Act  for  regulating  the  proceedings  in  suits  upon  Con 
stables'  Bonds  in  the  town  of  Boston. 

Sec.  1.  JDE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  when  the  condition  of  any 


666  CONSTABLES'  BONDS.  March  i,  1815, 

bond  which  now  is,  or  may  hereafter  be  given  to  the 
Treasurer  of  the  town  of  Boston  by  any  constable  of 
said  town,  for  the  faithful  performance  of  the  duties  of 
Bond  b   k-  ^^*  office,  shall  be  broken,  to  the  injury  of  any  person, 
en.  such  person  may  cause  a  suit  to  be  instituted  upon  such 

bond,  at  his  own  costs,  but  in  the  name  of  the  Treasurer 
of  the  town  of  Boston,  and  the  like  endorsements  shall 
be  made  on  the  wi'it,  and  the  like  proceedings  be  had 
thereon  to  final  judgment  and  execution,  and  the  like 
writs  of  scire  facias  on  such  judgment  as  may  be  made, 
and  had  by  a  creditor  on  administration  bonds  given  to 
Proviso.  any  Judge  of  Probate  :  Pi'ovided  however,  that  no  &uch 
suit  shall  be  instituted  by  any  person  for  his  own  use, 
until  such  person  shall  have  recovered  judgment  against 
the  constable,  his  executors  or  administrators,  in  an  action 
brought  for  the  malfeasance  or  misfeasance  of  the  con- 
stable, or  for  non-payment  of  any  monies  collected  by 
the  said  constable  in  that  capacity,  or  a  decree  of  a  Judge 
of  Probate,  allowing  a  claim  for  any  of  the  causes  afore- 
said, and  siicli  judgment  or  decree,  or  so  much  thereof 
as  shall  be  unsatisfietl,  with  the  interest  due  thereon, 
shall  be  the  proportion  of  tho  penalty  for  which  execu- 
tion shall  be  awarded  :  Provided  hoicever,  that  this  act 
shall  not  be  construed  to  make  any  surety  in  any  bond 
given  by  the  constable  as  aforesaid,  before  the  passing 
of  this  act,  liable  to  any  suit  Avhich  could  not  heretofore 
be  legally  prosecuted  against  him. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the 

Duly  of  ihe  ^^Lity  of  the  Treasurer  aforesaid  to  deliver  an  attested 

Treasuier.    copy  of  any  cous table's  bond  to  any  persons  applying 

and  paying  for  the  same  ;  and  such  attested  copy  shall 

*  be  received  as  evidence  in  any  case  :  Provided  never- 

tlieless,  that  if  in  any  suit  the  execution  of  the  bond  shall 

be  disputed,  the  court  may  order  the  Treasurer  to  bring 

the  original  bond  into  court. 

[xlpprovcd  by  the  Governor,  March  1,  1815.1 


PARSONSFIELD.  March  2.  1815.  667 


CHAP.  CLXV. 

An  Act  to  incorporate  The  First  Calvinistic  Baptist 
Society  in  Parsonsfield. 

Sec.  1.  JDE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  Simon  Marston,  Richard 
Lord,  Hardy  Merrill,  Archelaiis  Pray,  Joseph  White, 
Ammi  R.  Lord,  James  Remick,  John  Merrill,  Pelatiah  persons  in- 
Ricker,  Tobias  Ricker,  Francis  S.  Grace,  John  Lord,  corporated. 
John  Lord,  jun.  Nathaniel  Lord,  and  Jacob  Witham, 
with  their  polls  and  estates,  together  with  such  others 
as  may  hereafter  associate  with  them,  and  their  succes- 
sors and  assigns,  be,  and  tliey  are  hereby  incorporated 
as  a  religious  society,  by  the  name  of  The  First  Calvin- 
istic Baptist  Society  in  Fiirsonsfield,  with  all  the  pow- 
ers and  privileges,  and  subject  to  all  the  duties  of  other 
religious  societies,  according  to  the  constitution  and  laws 
of  this  Commonwealth. 

Sec.  2.  Be  it  further  enacted,  That  any  person  in 
the  said  town  of  Parsonsfield,  who  may  at  any   time 
hereafter,  desire  to  become  a  member  of  the   said  Cal- 
vinistic Baptist  Society,  shall  declare  such   desire  and  MetiioJ  of 
intention  in  writing,  and  deliver  the  same  to  the  minister  becomin?:  a 
or  clerk  of  said  society,  and  a  copy  of  tlie  same  to  the    ^^ 
town  clerk  of  said  Parsonsfield  ;  and  if  such  person  doth 
receive,  and  can  produce  a  certificate  of  admission   to 
membership,  signed  by  the  said  minister  or  clerk,  such  | 

person,  with  his  or  her  flamily  and  estate,  shall  be  con- 
sidered, from  the  date  of  such  certificate,  mcml^ers  of  the 
said  First  Calvinistic  Baptist  Society  ;  and  sucli  certifi- 
cate shfiU  operate  and  have  effect  to  exonerate  srch 
person  from  any  tax  or  other  charge,  for  the  support  of 
the  minister  of  any  other  religious  denomination,  in  the 
said  town  of  Parsonsfield. 

Sec.  .3.  Be  it  further  enacted,  That  when  any  mem- 
ber of  the   said  First  Calvinistic  Baptist  Society,  may  ^^anncr  n-^ 
.^ee  cause  to  leave  the  same,  and  to  unile  with  any  other  goc^etv.  ^' '^ 
religious  society  in  the  said  town  of  Parsonsfield,  the 


sue  warrant. 


668  AMOSKEAG  FALLS.  March  2,  1815. 

same  course  and  process,  mutatis  mutandis,  shall  be  had 
and  done,  as  is  prescribed  in  the  second  section  of  this 

Proviso.  act :  Provided  hoivever,  that  in  every  case  of  secession, 
from  one  society  and  joining  to  another,  every  such  per- 
son shall  be  holden  to  pay  his  or  her  proportion  or  as- 
sessment of  parish,  or  society  taxes  and  expenses,  assess- 
ed and  not  paid,  prior  to  such  secession. 

Sec.  4.  Be  it  further  enacted  Tliat  any  Justice  of 
the  Peace,  in  the  county  of  York,  is  hereby  empowered, 

Justice  ta  is- upon  application  therefor,  to  issue  a  warrant,  directed 
to  a  freeholder  and  member  of  the  said  First  Calvinistic 
Baptist  Society,  requiring  him  to  notify  and  warn  the 
members  thereof,  to  meet  at  such  convenient  time  and 
place,  as  shall  be  appointed  in  the  said  warrant,  to  or- 
ganize the  said  society,  by  the  appointment  of  its  officers. 
[Approved  by  the  Grovernor,  March  2,  1815.] 


CHAP.  CLXVL 

An  Act  in  further  addition  to  an  act,  entitled  ^^  An  act 
in  addition  to  an  act,  entitled  an  act  in  addition  to 
an  act,  granting  a  lottery  for  the  purpose  of  completing 
the  locks  and  canals  at  Amoskeag  falls,  in  the  state 
of  New  Hampshire." 

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  this  act,   all  that  part  of  the  first  section  of  an  act. 

entitled  "  An  act  in  addition  to  an  act,  entitled  an  act 
repValed*'^'^  in  addition  to  an  act,  granting  a  lottery  for  the  purpose 
of  completing  the  locks  and  canals  at  Amoskeag  falls^ 
in  the  state  of  New  Hampshire,"  which  relates  to  the 
price  and  also  to  the  number  of  the  tickets  to  be  issued 
in  each  class  of  said  lottery,  be,  and  the  same  is  hereby 
repealed. 

[Approved  by  the  Governor,  March  2,  1815.] 


)>f AMES  ALTERED.  March  %  1815.  669 


CHAP.  CLXVn. 

An  Act  to  alter  and  change  the  names  of  certahi  persons 
therein  mentioned. 


B 


►E  it  enacted  by  the  Senate  and  House  of 
Jiej^resentaHves  in  General  Court  assembled^  and  by  the 
authority  of  the  same,  That,  from  and  after  the  passing 
this  act,  William  Andrews,  son  of  EbenezerT.  Andrews, 
Esq.  of  Boston,  in  the  county  of  Suffolk,  shall  be  alloAv- 
ed  to  take  the  name  of  William  Tureil  Andrews  ;  tliat 
Theodore  Baker  of  the  same  Boston,  shall  be  allovv  cd 
to  take  the  name  of  George  T.  Baker  ;  that  James  Drew, 
of  Boston  aforesaid,  mariner,  shall  he  allowed  to  take 
the  name  of  James  Clement  Drew  ;  that  Shirley  Evving, 
eldest  son  of  Dr.  Shirley  Erviug,  late  of  said  Boston, 
deceased,  shall  be  allowed  to  take  the  name  of  V^^illiam 
Sliirley  Erving  ;  that  James  Moncrieff,  of  Boston  afore- 
said, late  an  indented  apprentice  to  William  H.  H.  Chea- 
ly,  of  the  same  Boston,  trader,  shall  be  allowed  to  take  a  lered. 
the  name  of  James  Chealy  Moncrieff:  that  Jonathan 
Low,  of  Gloucester,  in  the  county  of  Essex,  shall  be  al- 
lowed to  take  the  name  of  James  Willis  Low  ;  that  Ste- 
phen Marston,  of  Newburyport,  in  the  county  of  Essex 
aforesaid,  shall  be  allowed  to  take  the  name  of  Stephen 
Webster  Marston  ;  that  John  Ropes,  jun.  a  minor,  and 
son  of  John  Ropes,  Esq.  of  Salem,  in  tlie  same  county  of 
Essex,  shall  be  allowed  to  take  the  name  of  John  Hara- 
dan  Ropes  ;  that  John  Adams,  of  Roxbury,  in  tlie  county 
of  Norfolk,  son  of  Nathan  Adams,  of  Medfordiin  the 
county  of  Middlesex,  shall  be  allow  ed  to  take  the  name  of 
Edward  Holyoke  Adams  ;  tliat  Howard  Davis,  of  West- 
port,  in  the  county  of  Bristol,  shall  ])c  allowed  to  take  the 
name  of  John  Howard  Davis  ;  tliat  Lot  Bumpus,  jun.  of 
Wareham,  in  the  county  of  Plymouth,  sliall  ))e  allowed 
1^  take  the  name  of  Lot  Bumpus  Sullivan ;  tliat  Major 
Goodale  Ware,  of  Northampton,  in  the  county  of  Hamp- 
"shire,  shall  be  allowed  to  take  the  name  of  Goodale  Syl- 
vester Ware ;  that  Elizabeth  Hyde,  of  Sandislield,  in 
the  pounty  of  Berksliire,  dau|^hter  of  Dr.  Jabez  Holden, 

.^9 


670. 


Names 

stltered. 


HANOVER. 


March  2,  1815. 


1 


of  the  same  Sandisfield,  and  formerly  the  wife  of  Agur 
Hyde,  of  the  same  town,  shall  be  allowed  to  take  the 
name  of  Elizabeth  Smith ;  that  Edwards  Morse,  of 
Charlestown,  in  the  county  of  Middlesex,  gentleman, 
son  of  the  Rev.  Jedidiah  Morse,  D.  D.  of  the  same 
Charlestown,  shall  be  allowed  to  take  the  name  of  Syd- 
ney Edwards  Morse  ;  that  Mary  Emerson  Baker,  of 
Newburyport,  in  the  county  of  Essex,  aforesaid,  single 
woman,  shall  be  allowed  to  take  the  name  of  Mary  Jane 
Brown. 

And  the  several  persons  before  named,  from  the  time 
of  passing  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  Grovernor,  March  g,  1815.] 


CHAP.  CLXVIII. 

An  Act  to  incorporate  The  Trustees  of  the  Fund  for  the 
support  of  religious  worship  in  the  Episcopal  Society 
of  St.  Andrews  in  Hanover. 

W  HEREAS  the  sum  of  twelve  hundred 
dollars  has  been  subscribed,  for  the  purpose  of  estab- 

Preamblc.  lishing  a  fund,  for  the  support  of  religious  worship  in 
the  Episcopal  Society  of  St.  Andrews  in  Hanover : 
Therefore, 

Sec.  1.  JBZ?  it  enacted  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  the  wardens  and  vestrymen 
of  said  society,  for  the  time  being,  and  their  successors 

Trustees  ap-  in  office,  be,  and  hereby  are  appointed  Trustees  of  the 
said  fund,  by  the  name  of  The  Trustees  of  the  Fund 
for  the  support  of  religious  worship  in  the  Episcopal  So- 
ciety of  St.  Andrews  in  Hanover ;  and  they  shall  be  a 
body  politic  and  corporate  by  that  name  forever,  shall 
have  a  common  seal,  may  sue  and  be  sued  in  their 
PQrpo^ate  capacity^  and  may  prpsequte  and  defend  t« 


HANOVER.  March  t,  1813.  671 

inal  judgment  and  execntion  by  their  said  corporate 
name. 

Sec.  2.  Be  it  further  enacted ,  That  the  senior  war- 
den of  said  society  shall  call  a  meeting  of  said  Trustees 
on  the  third  Tuesday  of  April  next,  by  giving  personal  >^ay  call  a 
notice  to  each  of  them,  seven  days  at  least  before  the  ™^* 
time  of  such  meeting.  After  which  said  first  meeting, 
all  subsequent  meetings  shall  be  held  at  such  times  and 
places,  and  called  in  such  manner,  as  the  said  Trustees 
shall  direct. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Trustees, 
at  their  said  first  meeting,  and  ever  after  annually,  shall  g,^^,^  ^^^^j. 
elect  a  president,  clerk,  and  treasurer  by  written  ballot,  officers. 
The  clerk  shall  be  sworn  by  the  president  to  the  faith- 
ful discharge  of  the  duties  of  his  ofRce,  and  the  treasurer 
shall  give  bonds  to  the  acceptance  of  the  wardens  of  said 
society. 

Sec.  4.  Be  it  further  enacted,  That  said  Trustees 
shall  have  the  sole  superintendance,  management,  and 
controul  of  the  said  fund,  and  of  such  other  sums  of  Managre- 
money  or  other  property  as  may  hereafter  be  subscribed  ^^^^  °^  ^^'"^ 
or  appropriated  towards  the  increase  of  said  fund,  under 
the  following  restrictions  :  first,  that  the  principal  of  said 
fund  shall  at  no  time  be  expended,  but  shall  be  put  to 
interest  on  good  security,  or  invested  in  bank  or  other 
stock,  as  the  said  Trustees  may  judge  proper  and  pru- 
dent :  secondly,  that  the  interest  or  net  income  of  said 
fund  shall  be  paid  into  the  treasury  of  said  society,  for 
the  support  of  religious  worship  therein,  unless  by  vote 
of  the  said  society  the  same  shall  have  been  converted 
into  principal :  thirdly,  that  the  said  Trustees  shall,  at 
all  reasonable  times,  submit  their  books  and  papers  to 
the  inspection  of  the  treasurer  of  said  society,  or  of  any 
committee  appointed  by  said  society  to  inspect  the  same, 
and  shall  render  their  account,  and  pay  any  balances  of 
interest  or  net  income  of  saM  fund  in  their  hands,  when- 
ever thereunto  requested  by  said  society,  unless  the  same 
bad  been  previously  converted  into  principal  by  vote  of 
said  society. 

Sec.  5.  Be  it  further  enacted,  Thai  the  sa-idTmsiees  j^^y  hoid 
may  hold  personal  estate,  to  the  value  of  ten  thousand  real  and  ptr. 
dollars,  and  real  estate,  to  the  value  ©f  ten  thousand  ^®"*'  *'*'"^ 
dollars,  for  the  purposes  aferasald. 


&:(%  SHIPWRECKED  G001)S.  Ma/fdi  2,  1815. 

Sec.  6.  Be  it  further'  enacted,  That  should  any  loss 
in  said  fund  happen  or  accrue^  in  consequence  of  gross 
NegU-^nc:  ucgUgence  or  malfeasance  of  said  Trustees,  or  of  either 
ot  irustecs.  ^^  them,  the  said  society  may  have  and  support  a  special 
action  on  the  case  against  said  Trustess,  or  either  of 
them,  who  may  be  thus  negligent,  or  guilty,  and  recover 
against  them  or  him,  in  any  court  proper  to  try  the  same, 
such  sum  in  damages,  as  may  be  an  indemnity  for  such 
loss. 

Sec.  7'  ^^  it  fnrtlwr  enacted^  That  the  said  TrusteeiS, 

at  any  of  their  meetings,   duly  notified,  may  make  any 

May  mak-    by-laws,  rules,  and  regulations,  not  repugnant  to  the 

by-iavvs,  &t.  jg^^g  of  tliis  Commonwealth:   Provided,  the  substance 

of  such  by-laws,  rules,  and  regulations  shall  have  been 

inserted  in  the  warrant  for  calling  such  meeting. 

[Approved  by  the  Grovernor,  March  S,  181  j.] 


CHxVP.  CLXIX. 

An  Act  to  regulate  the  custody  of  shipwrecked  goods 
and  to  preserve  them  for  their  owners. 


Sec.  1.   -OE  it  enacted  &//  the  Senate  and  House  of 

^Representatives  in  General  Court  assembled,  and  by  the 

authority  of  the  same^  That  any  commissioner,  hereafter 

to  be  appointed,  in  pursuance  of  this  act,  immediately 

takerfof^  ^  ^^  receiving  information  of  any  ship\^  reck,  finding  of 

shi.j.vi-cked  any  goods  or  shipwrecked  property  of  any  kind,  to  the 

proiieity.      amount  of  one  hundred  dollars  or  upwards,  on  any  of 

the  sJiores  or  waters  Avithin  this  Commonwealth,  shall 

immediately  repair  to  s.;id  property,  and  in  case  the 

same  is  unattended  by  any  owner  or  agent,  shall  take 

charge  of  the  same  for  the  lawful  owner,  and  in  the  best 

way  and  manner  in  his  power,  ])reserve  -nd  secure  the 

same;    and  said  commissioner  shall  have  all  the  power 

and  authority  of  a  fireward  to  preserve  and  secure  th& 

same  an<^^  compel  assistance  for  that  purpose ;    and  it 

sh'ill  Ih   the  duty  of  said  commissioner  to  take  nn  inven- 

iiivemorv"'    torv  of  the  sauie,  and  when  required  by  the  owner  or 

agent  of  said  property,  or   any  insurancft  company  or 


SHIPWRECKED  GOODS.  March  2,  1815.  673 

underwriter,  or  other  person  interested  in  said  property, 
shall  make  oath  that  the  same  is  the  whole  property 
which  has  come  to  his  custody,  and  shall  immediately 
deliver  the  same  to  the  lawful  owner,  agent,  or  other 
person  legally  authorized  to  receive  it ;  iirovided  he  is  Provisty. 
paid  or  secured  to  be  paid  such  reasonable  compensation 
for  his  services  and  expenses,  and  such  custom  house  du- 
ties, as  may  be  due  from  said  property,  or  which  may  have 
been  previously  paid  by  said  commissioner  ;    and  said 
commissioner,  owner,  or  agent,  shall  have  power  to  agree 
on  the  proper  compensation  to  be  allowed  for  said  ser- 
vices and  expenses :    but  in  case  they  shall  not  agree, 
said  commissioner  shall  receive  such  sum,  as  shall  be 
awarded  by  referees  mutually  chosen  by  the  parties ; 
said  commissioner  to  choose  one  referee,  the  owner,  Refe.ees  to 
agent,  or  other  person  interested,  another  ;  and  the  two,  be  chosen. 
thus  chosen,  shall  choose  a  third  ;  and  the  referees  thus 
appointed,  and  the  parties  thus  appointing  them,  shall 
proceed  in  all  respect  as  is  required  by  an  act  for  ren- 
dering the  decision  of  civil  causes  as  speedy  and  as 
little  expensive  as  possible ;  and  if  either  of  the  party 
shall  be  dissatisfied  with    the  award  of   the  referees 
aforesaid,  notice  shall  be  given  to  the  opposite  party 
and  an  appeal  shall  lie  to  the  Supreme  Judicial  Court 
next  to  be  holden  in  and  for  the  county  in  w  hich  such 
property  shall  be  found ;    and  the "  Supreme  Judicial 
Court  shall  have  power  to  hear  and  determine  the  case 
in  the  same  manner  as  if  the  cause  came  before  them  ou 
an  appeal  from  the  Circuit  Court  of  Common  Pleas ; 
and  no  owner  or  agent,  or  other  person  interested  in  said 
property,  shall  be  holden  to  pay  any  charge  to  any  other 
person  for  services  or  expenses,  in  taking  or  securing 
said  property,  than  the  commissioners  aforesaid,  unless 
it  be  that  property  taken  and  secured  before  the  arrival 
of  said  commissioner  ;  in  which  case  said  commissioner 
shall,  upon  due  hearing  of  all  parties  interested,  deter-  Compensa 
mine  the  compensation  to  be  received  as  aforesaid,  aYid  ''^^ 
from  his  award  in  writing  there  shall  be  no  appeal,  unless 
the  sum  demanded  and  allowed  by  said  commissioner 
shall  exceed  the  sum  of  fifty  dollars  ;  in  which  case  an 
appeal  shall  lie  to  the  Supreme  Judicial  Court,  to  either 
party  aggrieved  by  the  doings  of  said  commissioner, 


674  SHIPWRECKED  GOODS.  March  8,  4815. 

and  similar  process  shall  be  had  by  said  Court  as  is  had 
in  cases  carried  by  appeal  from  the  Circuit  Court  of 
Common  Pleas  :  and  in  case  any  person  or  persons  shall^ 
after  the  arrival  of  the  commissioner  aforesaid,  intermed- 
dle with,  take,  secrete,  or  detain  any  property,  ship- 
Forfeiture  wrecked  or  found  as  aforesaid,  but  as  he  or  they  are 
incurred.  authorized  and  directed  by  the  commissioner,  owner,  or 
agent,  or  other  person  interested,  he  or  they  shall  forfeit 
and  pay  the  sum  of  one  thousand  dollars  for  each  and 
every  offence,  to  be  recovered  by  an  action  of  debt  in  any 
court  proper  to  try  the  same  ;  and  the  said  commisioner. 
owner,  agent,  or  other  person  interested,  or  either  ot' 
them,  are  hereby  authorized  to  bring  said  action  and  re- 
ceive said  penalty  to  their  own  use. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  commissioners    aforesaid,    immediately  on 
their  arrival  at  any  wreck  or  goods  found  as  aforesaid, 
to  publish  in  the  most  expeditious  manner  the  facts  they 
shall  ascertain,  that  the  knowledge  of  the  event  may 
To  advertise  come  to  the  owuer,  agent,  or  person  interested  as  soon  as 
propert"  ^   ^^7  ^^  ?  ^wd  in  all  cases  they  shall  publish  the  partic- 
ulars of  said  shipwreck,  or  goods  found,  in  the  nearest 
newspaper  to  said  shipwreck,  or  goods  found,  on  penalty 
of  fifty  dollars,  to  be  recovered  by  an  action  of  debt  in 
any  court  proper  to  try  the  same,  at  the  suit  of  the 
owner,  agent,  or  other  person  interested,  who  are  hereby 
s    authorized  to  bring  said  action  and  receive  the  penalty 
recovered  to  their  own  use  ;  and  it  shall  and  may  be  law- 
ful for  said  commissioners  to  dispose  of  so  much  of  said 
property  at  public  auction,  within  thirty  days  from  tak- 
jiay  dispose  J^ig  ^^e  Same  into  custody  as  shall  be  sufficient  to  pay 
af  property,  all  duties  due  for  the  same  to  the  custom  house,  and  shall 
forthwith  pay  or  give  security  to  the  custom  officer  for 
the  discharge  of  the  same  ;  and  in  case  the  nature  of  the 
property  so  taken  as  aforesaid  is  perishable  and  cannot 
be  retained  in  possession  for  one  year,  without  essentially 
lessening  its  value,  and  no  owner,  agent,  or  other  person 
interested  in  the  same  shall  appear  to  claim  it  for  the 
space  of  sixty  days,  it  shall  be  the  duty  of  said  commis- 
sioners to  advertise  said  property  in  the  public  news- 
papers and  sell  the  same  at  auction  to  the  most  advan- 
tage in  their  pow^r ;  and  if  no  ©wner,  agent,  or  other 


SHIPWRECKED  GOODS.  March  8,  1815.  676 

person  interested  in  said  property  shall  appear  in  one 
year  to  claim  said  property,  it  shall  be  the  duty  of  said 
commissioners  to  present  an  inventory  of  said  property  To  make  ah 
received  by  him  as  aforesaid,  or,  if  sold,  an  account  of  »"ventory. 
sales  to  the  Treasurer  of  the  Commonwealth,  and  shall 
make  oath  that  the  same  is  the  whole  property  which 
has  come  to  his  possession,  duties  paid  to  the  custom- 
house excepted,  if  said  duties  are  paid  ;  and  shall  pay 
over  to  the  Treasurer  aforesaid  the  whole  balance  re- 
maining in  his  hands,  for  the  use  of  the  Commonwealth ; 
and  the  Treasurer  aforesaid  is  hereby  authorized  to 
make  said  commissioner  such  reasonable  compensation  compensa- 
for  his  services  and  expenses  as  shall  be  just  and  equit-  tionforeer- 
able,  to  be  ascertained  in  case  of  disagreement  by  said 
commissioners  and  Treasurer,  in  the  same  way  and 
manner  as  is  provided  for  in  this  act  when  said  commis- 
sioners and  owners  or  agents  shall  not  agree  respecting 
such  services  and  expenses  :  and  when  any  commis- 
sioner, appointed  in  pursuance  of  this  act,  shall  neglect 
to  inform  the  Treasurer  of  this  Commonwealth,  of  pro- 
perty taken  by  him  as  aforesaid,  for  sixty  days  after  the 
expiration  of  the  year  he  may  have  held  the  same,  or 
if  so  informing  said  Treasurer,  he  or  they  shall  neglect 
to  pay  over  the  property  aforesaid  to  the  Treasurer 
aforesaid,  the  attorney  or  solicitor-general  of  this  Com- 
monwealth are  hereby  authorized  and  directed  to  com- 
mence a  proper  legal  process  for  the  same,  at  the  next 
term  of  the  Supreme  Judicial  Court  in  the  county  where 
said  commissioner  dwells,  and  shall  pursue  the  same  to 
final  judgment  and  execution  to  pay  the  sums  recovered 
as  aforesaid  to  the  Treasurer  of  said  CommonMealtli. 
Sec.  3.  Be  it  further  enacted^  That  the  Governor, 
with  the  advice  of  council,  be,  and  he  is  hereby  author-  Authorized 
ized  to  appoint,  in  the  several  counties  of  this  Common-  commis- 
wealth,  a  sufficient  number  of  commissioners,  removeable  sionew. 
at  the  pleasure  of  the  executive,  of  wrecks  and  lost 
goods,  all  of  whom  shall  be  commissioned  and  sworn  to 
the  faithful  observance  of  this  act,  and  shall  give  bonds 
to  the  Judges  of  Probate  for  the  counties  in  which  they 
reside,  with  sufficient  sureties  to  the  acceptance  of  said 
Judges  for  the  fiiithful  discharge  of  their  trust ;  and  the 
same  remedy  may  be  had  oh  said  bonds  to  any  owner. 


676  PLYMOUTH  AND  BRISTOL.        March  2,  1815. 

agent,  or  other  person  interested  in  said  property,  as  is 
Jiad  on  bonds  given  to  Judges  of  Probate  for  the  faith- 
ful administration  on  estates. 

[Approved  by  the  Governor,  March  S,  1815.] 


CHAP.  CLXX. 

An  Act  establishing  a  law  term  of  the  Supreme  Judi- 
cial Court  to  be  holden  within  and  for  tlie  counties 
of  Plymouth  and  Bristol. 


PlacQ 


Sec.  1.  J3E  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled^  and  by  the- 
authority  of  the  same.  That,  from  and  after  the  passing 
of  this  act,  the  Supreme  Judicial  Court,  to  be  holden  bj^ 
three  or  more  Justices  of  said  court,  pursuant  to  the 

)i  >Tdrr.g        second  section  of  an  act  passed  on  the  lifteenth  day  of 

eourt watered  ]y[j^f(.)j^  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  five,  entitled  an  act  making  further  provis- 
ion in  the  Judicial  deparinient,  shall  be  holden  annually, 
alternately  at  Plymouth,  in  the  county  of  Plymouth,  and 
at  Taunton,  in  the  county  of  Bristol,  on  the  second 
Tuesday  in  July,  the  first  term  of  said  court  to  be  hold 
en  at  Plymouth. 

Sec.  2.  Be  it  further  enacted,  That  said  court,  to  be 
holden  as  aforesaid,  shall  h.ive  cognizance  of  all  matters 
and  things  arising  or  depending  in  either  of  the  said  two 

'^^J'v^.^,  counties  respectively,  for  which  the  said  court  is  to  be 
"  ^^"^^  '  liolden,  and  which,  by  force  of  tlie  act  aforesaid,  are  to 
be  heard,  tried  and  determined  before  three  or  more  of 
the  Justices  of  said  court,  in  like  manner  as  if  the  said 
court  were  holden  pursuant  to  the  provision  in  the  said 
second  section  of  said  act  in  the  county,  in  which  such 
suit  may  arise,  or  ])e  depending,  excepting  only  that  no 
issue  of  fact,  to  be  tried  by  a  Jury,  shall  be  tried  by  said 
court  to  be  holden  as  aforesaid. 

Sec.  3.  Be  it  further  enacted^  That  all  writs  of  error^ 
,  in  which  error  in  law  is  assigned,  all  writs  of  certiorari, 

^eiK     sue  ^^^^^  ^^^  other  writs  and  processes  in  suits,  which  are  to 
{»e  heard  and  tried  before  three  or  more  of  the  Justice^ 


PLYMOUTH  AND  BRISTOL.        March  S,  1815.  677 

of  said  court,  shall  be  sued  out  of  the  ofiBce  of  the  clerk 
of  said  court  for  the  county  from  which  it  would  have 
issued  if  this  act  had  never  been  passed,  but  shall  be 
made  returnable  to,  and  be  heard  and  determined  in  the 
court  to  be  holden  as  aforesaid. 

Sec.  4.  Be  it  further  enacted,  That  all  motions  in 
arrest  of  Judgment,  all  demurrers  in  law,  all  cases  sub- 
mitted to  the  court  on  a  statement  of  facts,  and  all  other 
matters  which  may  arise  in  tlie  Supreme  Judicial  Court 
holden  in  eitlier  of  said  counties,  wliich  requires  three 
or  more  of  the  Justices  of  said  court  to  determine,  shall 
be  heard  and  determined  by  tiie  said  court  by  this  act 
established. 

Sec.  o.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  each  of  the  clerks  of  said  courts  in  the  said  „,  „  ,„ 

.  ,1  .  I  1      T      p  1      Snail  trans- 

counties  seasonably  to  transmit  to  the  clerk  tor  the  mjt  a  docket 
county  in  which  the  said  court  shall  be  holden,  a  docket 
containing  a  list  of  ail  the  actions  originally  entered  in 
his  office,  which  are  to  be  heard  and  tried  in  the  court, 
by  this  act  established,  with  the  files  and  other  papers* 
l)elonging  to  said  causes  ;  and  all  the  new  entries  made 
at  said  court,  shall  be  made  in  the  docket  of  the  clerk 
of  the  county,  from  whose  office  the  writ  issued ;  and 
such  docket,  together  Vvith  the  files  and  papers  aforesaid, 
not  belonging  to  the  office  of  the  clerk  of  the  county,  in 
which  such  court  shall  be  holden,  after  the  rising  of  said 
court,  shall  be  forthwith  transmitted  to  the  clerk  for  the 
county  to  which  they  may  appertain,  who  shall  record 
all  the  judgments  and  proceedings  of  the  court  relating 
to  suits  or  other  matters  depending  in  his  county  or  be- 
longing thereto ;  and  shall  is.^ne  executions  and  other 
processes  thereon,  in  like  manner  as  if  the  same  had 
been  transacted  in  the  county  for  v,  hlch  lie  is  clerk. 

Sec.  -6.  Be  it  further  enacted,  Tiiat  if  any  person 
shall  be  indicted  for  any  capital  oJTence  by  the  Grand 
Jury  of  eitlier  of  said  counties,  and  beijig  arraigned  jshai!  give 
tlierefor,  before  the  Sui)reme  Judicial  Court,  when  but  'ioiic-c  to  c;« 
one  of  the  Justices  thereof  is  present,  and  shall  plead 
not  guilty  to  such  indictment,  tlie  Justice  be  Tore  whom 
such  court  shall  be  holden,  after  assigning  counsel  for 
the  prisoner  and  doing  all  things  necessary  and  proper 
prepai'atory  for  the  trial,  shall  give  notice  to  one  or  more 
60 


078  CENTRAL  WHARK.  March  2,  1815 

of  the  Justices  of  said  court,  that  he  or  they  may  attend 
the  trial  ;  and  such  indictment  shall  not  be  ti'ied  unless 
before  two  or  more  of  said  Justices :  and  two  or  more 
of  said  Justices  shall  attend  for  that  purpose  at  the  same 
term  on  the  day  assigned  for  the  trial. 

Sec.  7-  -Se  it  further  enacted.  That  it  shall  not  be 
^"b  *  ^  ^d  necessary  for  more  than  one  of  the  Justices  of  the  said 
court,  to  attend  at  any  term  of  said  court,  to  be  holden 
in  either  of  said  counties,  excepting  the  one  by  this  act 
established,  or  for  the  purpose  of  trying  a  person,  who 
is  indicted  for  a  capital  offence  as  aforesaid. 

[Approved  by  the  Gov  ernor,  March  2,  1815.] 


CHAP.  CLXXI. 

An  Act  to  incorporate  Ebcnezer  Francis  and  others,  by 
the  name  of  The  Central  Wharf  and  Wet  Dock 
Corporation. 


Bec.  1.  J3E  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
Persons  in-  authoritij  of  the  same,  That  Ebenezer  Francis,  Uriah 
corporated.  Cottiug,' Fraucis  C.  Lowell,  and  David  Hinckley,  with 
their  associates,  successors  and  assigns,  shall  Ije,  and 
liereby  arc  constituted  a  ])ody  politic  and  corporate,  by 
the  name  of  The  Central  Wharf  and  Wet  Dock  Cor. 
poration ;  antl  the  said  corporation,  by  the  said  name* 
are  hereby  declared  and  made  capable  in  law  to  sue  and 
be  sued,  to  implead  and  be  impleaded,  to  have  acommoii 
seal,  and  alter  and  renew  the  same  at  pleasure,  to  make 
rules  and  by-laws  for  the  regulation  and  management 
of  their  estate,  consistent  with  the  laws  of  this  Com- 
monwealth, and,  generally,  do  and  execute  whatever 
by  law  shall  appertain  to  bodies  politic. 

Sec.  2.  Be  it  further  enacted,  That  the  said  corpo- 
Ma\  hold     ration  shall  be,  and  hereby  is  declared  capable  to  have, 
wharf"  Tc"  hold,  and  possess   all  the  wharf,  lands,  and  flats,  situ- 
ated in  the  town  of  Boston,  and  bounded  southerly  by- 
India- Wharf,  westerly  by  the  range  of  stores  on  India- 


CENTRAL  WHARF,  March  g,  1815.  67§ 

street,  so  called,  and  northerly  by  the  Long-Wharf; 
provided  the  lawful  oAvners  or  proprietors  thereof  legally 
convey  the  same  to  the  said  corporation ;  and  the  said 
corporation  shall  have  power  and  liberty  to  grant,  sell, 
and  alien  in  fee  simple  or  otliervvise  their  corporate 
property,  or  any  part  thereof,  being  situated  within  the 
aforesaid  limits  and  boundaries,  and  to  have,  manage, 
and  improve  the  same,  according  to  the  will  and  pleas- 
ure of  the  said  corporation,  to  be  expressed  at  any  legal 
meeting. 

Sec.  3.  Be  it  further  enacted,  That  all  the  said  cor-  property  di- 
jiorate  property  "shall  be  divided  into  four  hundred  ^'^."^  '^^^ 
shares,  and  the  said  corporr;  tion  may,  at  any  legal  meet- 
ing, agree  upon  the  form  of  deeds  to  be  given  by  said 
corporation  to  the  original  proprietors,  of  the  number  of 
shares  by  them  respectively  held  ;  which  deeds  shall  be 
under  the  seal  of  said  corpoiation,  shall  be  signed  by 
the  president  thereof,  and  duly  acknowledged  and  re- 
corded  in  the  registry  of  deeds,  for  the  coun'y  of  Suffolk. 
And  said  corporation  shall  have  power,  from  time  to  Power  to  as- 
time,  upon  each  share  to  assess  such  sums  of  money  as  ^^**^  monty. 
may  be  deemed  necessary,  for  erecting  and  making  wet 
docks,  wharves,  and  buildings,  within  the  aforesaid 
limits,  and  generally  for  the  improvement  and  good 
management  of  said  estate,  agreeably  to  the  true  intent 
of  this  act;  and  to  sell  and  dispose  of  the  shares  of  de- 
linquent proprietors  for  the  payment  of  such  assess- 
ments, at  such  time  and  manner  as  the  said  corporation 
may  determine  ;  and  in  case  of  such  sale,  a  deed  or 
deeds  duly  executed  and  acknowledged  by  the  president 
of  the  said  corporation,  or  by  any  other  person  for  that 
purpose,  especially  authorized  by  the  said  corporation, 
and  recorded  in  the  registry  of  deeds,  for  the  county  of 
Suffolk,  shall  be  as  effectual  to  convey  such  delinquent 
proprietor's  estate  and  interest  in  such  shares,  as  if  the 
same  had  been  made  and  executed  by  such  proprietor 
himself:  Provided  however^  that  no  assessment  shall  be  Provisa. 
made  at  any  meeting,  unless  agreed  to  by  two  thirds  at 
least,  both  in  number  and  value  of  those  present  and  re- 
presented, nor  unless  notice  shall  have  been  given  at  least 
ten  days  previous  to  such  meeting  of  the  purpose  of  such 


680  CENTRAL  WJIARF.  Alarch  2,  1815. 

meeting,  by  publishing  the  same  in  some  one  or  more  ot- 
the  newspapers  printed  in  Boston. 

Sec,  41.  Be  it  further  enacted^  Tliat  the  shaves  of 
each  proprietor,  in  said  corporate  property  shall  l>e  con- 
Transfer  of  sidered  in  all  )  espects  real  estate  ;  shall  be  transferred 
shares.  and  conveycd  in  the  usual  nsanncr  by  deed  duly  acknowl- 
edged and  recorded,  and  sliall  be  subject  and  liable  to  at- 
tachment and  execution,  to  dower  and  descent  to  heirs 
and  to  all  other  incidents  of  real  estate  ;  Provided  liow- 
pj  oviso.  ever,  that  in  case  of  levying  an  execution  on  any  of  said 
shares,  the  same  shall  not  be  appraised  and  set  off  to  the 
creditor  on  such  execution,  but  such  sh?a'e  or  shares  shall 
be  sold  by  the  otlicer  having  the  execution,  in  like  man- 
ner, in  all  respects  as  is  by  law  prescribed  for  the  sale 
of  rights  in  equity  of  redeeming  real  estates  mortgaged; 
and  the  debtor  shall  have  the  liberty  of  redeeming  the 
shares  so  sold,  within  one  year  after  the  conveyance 
thereof  by  the  oiScer,  by  paying  the  sum  that  may  have 
been  given  therefor  at  such  sales,  with  the  interest 
thereon,  and  also  all  assessments  which  may  have  been 
in  the  meantime  paid  by  the  purclip.ser,  his  heirs  or  as- 
signs, with  the  interest  tlsereon,  deducting  the  dividends, 
rents,  and  profits,  Avhich  the  purchaser,  his  heirs  or 
assigns  may  have  received ;  and  no  part  of  the  land, 
wharf,  or  estate  of  said  corporation  shall  ever  be  divided, 
siinii  not  di-  or  set  off  by  metes  and  bounds  on  any  such  execution 
against  any  imlividual  proprietor,  nor  on  any  assign- 
ment of  dower,  nor  on  any  partition  or  divisitui  among 
the  heirs  of  any  proprietor,  nor  on  any  suit  or  petition  of 
any  such  proprietor. 

Sec.  5,  Be  it  further  enacted  That  the  said  Francis 
and  Cotting,  or  eitjier  of  them,  may  call  a  meeting  of  said 
corporation,  by  advertising  the  same  in  any  of  the  pub- 
lic newspapers  printed  in  Boston,  at  least  ten  days  before 
the  time  of  meeting ;  and,  at  that  or  any  otlier  legal 
meeting,  the  said  corporation  may  agree  on  the  mode  of 
calling  and  warning  future  meetings,  and  may  electa 
president,  trustees,  clerk,  or  such  other  officers  as  tliey 
may  judge  fit  for  the  orderly  conducting  their  alfairs,  and 
the  prudent  management  of  their  estate  :  and  such  offi- 
cers, at  their  pleasure  may  change  or  remove  ;  and  at 


vide  ■wiiarf. 


^?a3  .-all  a 
mceti:  jr. 


MILLS.  March  S,  1815.  681 

all  their  meetings  the  proprietors  present  may  act  accord- 
ing to  their  interest  in  said  property,  allowing  one  vote  to 
each  share,  and  absent  proprietors  may  vote  by  proxy 
authorized  in  writing. 

[Approved  by  the  Governor,  March  S,  1815.] 


CHAP.  CLXXII. 

An  Act  ill  further  addition  to  an  act,  entitled  "  An  act 
for  the  support  and  regulation  of  Mills."' 


tE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  whenever  a  jury  shall  be 
ordered  ])y  the  court  for  the  purposes  expressed  in  an  Calling  of  a 
act,  entitled  "  An  act  for  the  support  and  regulation  of  J"''^* 
Mills,''  the  same  shall  be  selected  in  manner  following, 
viz.  The  sheriff  or  coroner,  to  whom  the  warrant  shall 
be  directed,  shall  in  w  riting  require  of  the  selectmen  of 
the  three  towns  nearest  to  that  in  which  the  land  injured 
is  situated,  if  so  many  there  be  within  the  same  county, 
to  returu  a  number  of  jurors  (not  less  than  two,  nor  more 
than  six  from  any  one  town)  to  serve  on  the  panel ;  which 
jurors  shall  be  drawn  from  the  jury  box,  notified  and 
returned  as  in  other  cases,  excepting  that  the  town  need 
not  be  assembled,  and  that  notice  to  the  persons  drawn, 
one  day  previous  to  the  time  appointed  for  their  attend- 
ance shall  be  sufficient ;  and  if  any  person  so  returned 
shall  unnecessarily  fail  to  attend,  he  shall  forfeit  and  pay  ^-naity  (v'' 

•  •  not  sittcncLin&f* 

a  sum  not  exceeding  ten  dollars,  at  the  discretion  of  the 
court  to  whom  the  verdict  shall  l)e  returned,  to  be  di- 
vided among  the  jurors  who  do  attend ;  and  if,  from  ac- 
cident or  ciiallcnge,  there  shall  not  be  a  full  jury,  the 
officer  shall  return  some  suitable  person  or  persons  to 
supply  the  deficiency.  And  every  person  serving  on 
such  jury  shall  receive  one  dollar  and  twenty-five  cents  r«ss. 
for  each  day's  attendance,  and  four  cents  a  mile  for  his 
travel  going  and  returning. 

f  Approved  by  the  fTovernor,  March  3,  1815.] 


SS2  BOARD  OF  WAR.  March  2.  1815. 


CHAP.  CLXXni. 

An  Act  to  repeal  an  act,  entitled  "  An  act  to  provide 
for  the  settlement  of  accounts  for  military  services  and 
supplies,''  and  to  provide  for  the  appointment,  and  t» 
define  the  powers  of  a  Board  of  War. 

Sec.  1.  X3E  ii  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
^  ,  ,  ^  authority  of  the  same,  That  an  act.  entitled  ^»An  act 
to  provide  for  the  settlement  of  accounts  for  military  ser- 
vices and  supplies,"  passed  on  the  fifteenth  day  of  Oc- 
tober last,  be,  and  the  same  is  hereby  repealed. 

Sec.  %.  Be  it  further  enacted,  That  Uis  Excellency 
the  Governor,  with  advice  of  Council,  shall  appoint 
three  suitable  persons,  avIio  shall  constitute  and  be  de- 

Board  of  war '^*^^^^^^^^®^  '^^^^  Board  of  War,  whose  duty  it  shall  be^ 
appointed,  from  and  after  the  present  session  of  the  General  Court, 
to  receive,  adjust,  and  finally  to  settle  all  accounts  against 
the  Commonwealth,  for  military  services  or  supplies, 
and  for  expense?^  connected  with  any  military  operations^ 
rendered  by,  or  under  t:ie  authority  of  the  state,  in  con- 
sequence  of  the  late  war:  and  the  said  Board  of  War 
may  prescribe  tiie  forms  of  accounts,  and  direct  what 
vouchers  shall  be  necessary  to  passing  all  such  accounts  ; 
and  said  Board  shall  also  perform  and  execute  all  suck 
other  duties,  as  shall  from  time  to  time  be  enjoined  on^ 
Duty  of.  or  entrusted  to  them  by  the  Governor  of  the  Common- 
wealth, agreeable  to  the  constitution,  relative  to  military 
commissions,  and  to  the  land  and  naval  forces,  ships 
or  warlike  stores  of  this  ('ommonwealth,  or  to  such 
other  matters  respecting  military  or  naval  aflPairs,  as  the 
Governor  shall  assign  to  the  said  Board ;  and  also  to 
do  and  perform  fM  such  duties  as  by  any  act  or  resolve 
of  the  legislature  have  been  or  may  be  enjoined  on  or 
4;onfided  to  tlie  Board  of  War,  and  to  finish  and  perfect 
any  act  of  duty  tha,t  has  been  commenced  by  the  exist- 
ing Board  of  War,  under  their  legal  authority,  and 
which  at  the  termination  of  the  present  session  of  the  Gen- 
eral Court  ghall  rem^ii!  incompU'te  or  unexecuted. 


BOARD  OF  WAK.  March  2,  1815.  883 

Sec.  3.  Beit  further  enacted,  That  the  said  Board 
of  War  shall  prepare  and  arrange  the  claim  of  this  state 
against  the  United  States,  with  the  vouchers  to  support  To  prepare 
the  same,  and  file  all  such  papers  and  accounts  in  the  ^ie  u.Jf^J^l' 
oflBce  of  the  Secretary  of  the  Commonwealth,  in  such 
manner  and  under  such  directions,  as  they  may  from  time 
to  time  receive  from  the  Governor  and  Council,  or  the 
Legislature  ;  and  they  shall  also  make  monthly  reports 
to  the  Governor  and  Council,  when  in  session,  of  all 
accounts  allowed  by  them. 

Sec.  4.  Be  it  further  enacted^  That  the  said  Board 
of  War  be  authorized  and  directed  to  sell,  in  such  man- 
ner as  in  their  judgment  will  produce  to  the  Common- 
wealth the  greatest  avail,  the  hulks  that  have  been  pre-  .^.^  ^^jj  ^j^^ 
pared  to  be  sunk  in  the  harbour  of  Boston,  and  such  hulks,  &c. 
redundant  munitions  of  war,  camp  equipage,  barracks, 
•and  other  articles,  as  have  been  prepared  for  the  public 
defence,  as  His  Excellency  the  Governor,  with  advice 
of  the  Council,  shall  direct ;  and  pay  over  the  proceeds 
to  the  Treasurer  of  the  Commonwealth. 

Sec.  5.  Be  it  further  enacted,  That  the  said  Board 
may  appoint  a  secretary,  and  such  number  of  clerks,  not  May  appolm 
exceeding  three,  as  they  may  find  necessary  ;  and  shall  °  ^^"^' 
make  them  a  reasonable  compensation  for  their  services. 

Sec.  6.  Be  it  further  enacted,  That  the  authority  and 
duties  of  said  Board  of  War  shall  cease  at  the  end  of 
the  first  session  of  the  next  General  Court,  and  that 
they  shall  be  entitled  to  receive  the  sum  of  five  hundred  compensa- 
dollars  each,  as  a  compensation  for  their  services ;  for  tiou. 
which  the  Governor  with  the  advice  of  Council  is  here- 
by authorized  to  draw  a  warrant  on  tlie  Treasiuy. 

Sec.  7-  Be  it  farther  enacted,  That  the  Treasurer 
ef  the  Commonwealth  be,  and  he  hereby  is  authorized  and  Treastnei- 
directed  to  pay,  on  any  warrant  wliicb  the  Governor,  authorized, 
with  the  advice  of  Council,  may  draw  in  favour  of  the 
Board  of  War,  to  discharge  the  duties  of  their  appoint- 
ment, such  sums  o  '  money  as  said  Board  of  War,  or  any 
hvo  of  them,  from  time  to  time  may  draw  orders  for  upoa 
him,  to  the  person  therein  named,  expressing  in  each  or- 
der the  nature  of  the  claim  ;  and  tlie  amount  of  said 
orders  shall  be  from  time  to  time  discharged  upon  said 
iVftrraats  bvthd  Board  of  War.  orn»ivtwo  of  them. 


«84!  SEPULCHRES  OF  THE  DEAD.    March2ytSi5. 


•overn«T 
Hiay  draw 
warrants. 


Sec.  8.  Be  it  further  enacted,  That  the  Governor, 
with  the  advice  of  Council,  may  draw  his  warrants  on 
tlie  tres surer  in  favour  of  the  said  Board  of  War,  for 
such  sums  as  may  from  time  to  time  be  required,  for 
paying  said  accounts  ;  which  sums  shall  remain  in  the 
hands  of  the  Treasurer,  subject  to  the  orders  of  the  Board 
of  War,  or  any  two  of  them,  in  the  manner  above  pro- 
^vided. 

[Approved  by  the  Governor,  March  S,  1815.3 


CHAP.  CLXXIV 


bodies. 


An  Act  to  protect  the  Sepulchres  of  the  Dead. 

Sec.  1.  13E  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled^  and  by  the 
authority  of  the  same,  That  if  any  person,  not  being  au- 
thorized by  the  Board  of  Health,  or  the  selectmen  of  any 
town  in  this  Commonwealth,  shall  knowingly  and  wil- 
Penalty  for  fuUy  dig  up,  remove  or  carry  away,  or  aid  or  assist  in 
k«!^''I^  ^^^^  digging  up,  removing  or  carrying  aw  ay  any  human  body, 
or  the  remains  thereof,  such  person  or  persons,  so  offend- 
ing, shall,  on  conviction  of  such  offence,  in  the  Supreme 
Judicial  Court  of  this  Commonwealth,  be  imprisoned,  not 
more  than  one  year,  or  fined,  not  more  than  one  thous- 
and dollars,  according  to  the  nature  and  aggravation  of 
the  offence. 

Sec  2.  Be  it  further  enacted,  That  if  any  person  or 
persons  knowingly  and  wilfully  receive,  conceal,  or  dis- 
pose of  any  human  body,  or  the  remains  thereof,  which 
shall  have  been  dug  up,  removed,  or  carried  away  in  the 
manner  described  in  the  first  section  of  this  act,  he  or 
they  shall  be  subject  to  the  same  forfeitures  and  penalties, 
as  in  said  section  is  provided,  on  conviction  thereof  in  the 
court  aforesaid  :  Provided  however,  that  nothing  in  this 
act  shall  be  so  construed  as  to  affect  the  power  or  author- 
ity in  the  courts  of  the  United  States,  or  of  this  Common- 
wealth, or  of  any  person  acting  under  the  authority  of  the 
same,  in  removing  or  disposing  of  the  bodies  of  persons 
executed  pursuant  to  any  sentence  of  such  court. 


Provisii. 


MERIIIMACK  IXS.  COMP.  March  S,  1815.  685 

Sec.  3.  Be  it  farther  enacted.  That  all  fines,  accruing 
under  this  act,  shall  enure,  one  half  to  the  informer,  and  ^^°®** 
one  half  to  the  town  in  which  the  oftence  is  committed. 
[Approved  hy  the  Governor,  March  2,  1815.] 


CHAP.  CLXXV. 

An  Act  in  addition  to  the  several  acts  defining  the  gen- 
eral powers  and  duties  of  Turnpike  Corporations. 


►E  it  enacted  hy  the  Senate  and  House  of 
Rpjyresentalh'ps  in  General  Court  assembled,  and  by 
the  aiithoriti/  of  the  same,  That  it  shall  be  lawful  for  all 
Turnpike  Corporations,  that  are,  or  may  ])e  esta])lished  xolK^^ 
])y  law,  to  demand  and  receive,  in  addition  to  the  present 
rates  of  toll,  for  every  cart  or  v/aggon  drawn  by  more  than 
four  oxen  or  horses,  two  cents  for  each  additional  ox  or 
horse. 

[Approved  by  the  Governor,  March  3,  1815.] 


CHAP.  CLXXVI. 

All  Act  in  addition  to  an  act,  entitled  ^^An  act  to  in- 
corporate William  Bartlet  and  others  into  a  company, 
by  the  name  of  The  Merrimack  Insurance  Company.'' 


Sec.  1.  x^E  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  any  creditor  or  creditors  of 
the  Newburyport  Marine  Insurance  Company,  or  of  the 
Merrimack  Mjirine  and  Fire  Insurance  Company,  may  cj.pj^Qj.g 
sustain  and  prosecute  to  final  judgment,  actions  at  law  ma-  ])iose- 
against  the  said  companies  respectively,  any  thing  in  the  ^"^^  compa^ 
fifteenth  section  of  the  act,  entitled    ^^  An  act  to  incor-   ' ' 
porate  William  Bartlet  and  otliers  into  a  Comiiany,  by 
the  name  of  The  Merrimack  lusumiicc  Company,'"  to 
^e  contrary  notM'ith^tanding. 
61 


686  LAW  LmRARIES.  March  S,  181&. 


'^f 


Committee. 


Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the. 
duty  of  any  Committee  appointed,  or  to  be  appointed 
Biity  of  by  either  of  said  companies,  pursuant  to  the  provisions 
of  the  said  iifteenth  section  of  the  act  aforesaid,  to  pay 
and  satisfy  any  judgment,  which  may  be  recovered 
against  the  company  appointing  such  committee,  out  of 
any  property  or  efiects  belonging  to  the  same,  which 
may  be  in  the  hands  of  such  committee,  at  the  time  of 
their  receiving  notice  of  tlie  action  in  which  such  judg- ' 
meut  may  be  rendered :  and  for  this  purpose  to  retain 
in  their  hands  such  property  and  effects,  or  so  mucli 
thereof  as  may  be  necessary  therefor,  from  and  after  the 
time  of  receiving  such  notice. 

[Approved  by  the  Governor,  March  2, 1815.] 


CHxiP.  CLXXYIL 

An  Act  a-uthorizing  the  establishment  of  Law  Libraries. 

>Sec.  1.  J3E  it  enacted,  hij  the  Senate  and  House  of 
.Reyyesentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That  in  every  county  within  this 
Commonwealth,  w!ierein  tiiere  shall  reside  five  or  more 
attornies  at  lav,'  regularly  admitted  and  sw  orn  to  practice 
before  the  Circuit  Court  of  Common  Pleas,  it  shall  be 
lawful  for  any  five  or  more  of  them  to  make  applicatioH 
in  writhig  to  any  Justice  of  tlic  Peace  within  and  for 
sue  warrant.  Said  couuty,  requesting  liim  to  issue  his  warrant  for 
calling  a  meeting  of  the  practitioners  at  law  within  the 
same  county  to  meet  at  some  certain  time  and  place  for 
the  purpose  of  organizing  the  establishment  of  a  Law 
Library  ;  nnd  such  Justice  .shall  thereupon  issue  a  war- 
rant under  his  hand  and  seal  directed  to  some  practi- 
tioner at  law  residing  Avithin  the  shire  town  of  said 
county,  requiring  him  to  notify  the  other  members  of  the 
bar  residing  therein,  either  personally  or  by  written  no- 
Uiication  posted  up  at  some  conspicuous  place  in  the 
Cyurt-House  in  said  county,  at  least  seven  days  before 
the  time  of  meeting  as  mentioned  in  said  warrant,  Avhich 
meeting  shall  be  hoi  den,  at  the  next  succeeding  term  of 


Justice  to  IS- 


LAW  LIBRARIES.  Jlarck  %  1815.  dsr 

*he  Circuit  Coui't  of  Common  Pleas  in  said  county  on 
some  day  subsequent  to  the  second  day  from  the  com- 
mencement of  its  session  ;  and  the  persofi  to  wiiom  sucli 
warrant  is  directed  shall  serve  the  same  in  manner  as 
aforesaid,  and  make  return  thereof  unfler  liis  hand  to 
ihe  Justice  who  issued  the  same,  or  to  some  other  Justice  duw  of  per- 
of  the  Peace  within  and  for  said  county,  whose  duty  it  s^ti  to  ub..m 
shall  be  to  preside  at  .*aid  meeting  in  the  choice  of  a  dUeaeii. 
clerk,  a  treasurer  and  librarian,  each  of  whom  shall 
ihereupon  be  sworn  by  the  presiding  oificer,  to  the  faith- 
ful discharge  of  their  respective  duties,  and  to  hold  their 
offices  during  the  pleasure  of  the  asso<  iation  ;  a!id  the 
said  members  of  the  bar  so  notified  and  met,  to  the 
number  of  iive  or  more,  shall  at  tlieir  Qrst  meefmg  pre- 
scribe the  mode  of  callifig  future  meetings  of  said  asso- 
ciation, and  establish  such  rules  and  regulations  as  may 
be  found  necessary  from  time  to  time,  to  cctvij  th'^  pur- 
poses of  this  act  inio  efiect,  not  repugnant  to  the  con- 
stitution and  laws  of  tliis  Commonwealth  :  a:ul  at  all 
future  meetings  tlie  oldest  member  of  the  Inir  residing 
within  said  county,  who  is  present,  simll  pr^titje. 

Sec.  2,  Be  it  further  enactpCi,    That   the    sum  of 
twenty  dollars,  which  by  lav/  is  now  paid  into  the  county 
trcas!ii'v.  on  the  admission  of  all  practitioners  at  tlie  bar  „         ^    ^ 
of  the  Circuit  Court  of   Common  Pleas,  sball  hereafler  adiT^ission 
be  paiil  to  the  treasurer  of  every  law  li!)rary  association  "i'^"-y- 
in  any  county  in  this  Common wealtli  that  sitall  be  form 
ed  in  {)>!rsiiance  of  this  act,  which  treasurer  sitall  give. 
his  receipt  therefor  to  the  person  paying  the  same,  which 
sun)  so  [)aid,   as  duty  or  excise  as  aforesaid,  together 
with  all  bequests  and  donations  made  tliereto.  shall  bs 
applied,  under  the  direction  of  said  association,  to  form 
a  law  library,  for  the  use  of   said  county,  under  such 
reasonable  re^^ulations  as  i\\(^  said  association  may  ap- 
point.    And  the  clerk  of  said  association  shall  keep  i\i\. 
exact  record  of  all  the  proceedings  tlieveof,  and  the  said 
treasurer  shall  keep  an  exact  account  of  all  monies,  do- 
nations, and    bequests    belonging   to   said   association, 
which  account  he  shall  be  holden  annnally  to  settle 
under  oath  v.ith  the  association,  in  sucli  manner  as  they 
shall  prescribe  ;    and  the  librarian,  as  well  as  the  treas^ 
urer  and  clerk,  shall  be  answerable  in  an  action  of  the 


688 


ROWLEY. 


March  t,  1815. 


case  for  all  malfeasance  or  misfeasance  in  their  respec- 
tive offices  to  the  associatioji  aforesaid,  bj  the  name 
of   "  The  Law  Library  Association/'  for  the  county 

Proviso.  within  which  it  is  formed  :  Provided  however,  that  the 
Law  Library  aforesaid  shall  be  kept  in  a  shire  town 
within  the  countj'. 

Sec.  3.  Be  it  further  enacted.  That  the  act  passed 
on  the  twenty-seventh  day  of  February,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  ninety-six, 
so  far  as  it  relates  to  the  payment  of  twenty  dollars  into 
the  county  treasury  by  persons  admitted  to  practice  law 

A  *  'r.  „.v.  before  the  Circuit  Courts  of  Common  Pleas,  as  it  relates 

Act   in   part  .  •       r<  '        i  •   i     i 

repealed,  to  the  couuties  in  this  Commonwealth,  m  which  law 
library  associations  are,  or  shall  be  formed,  in  pursu- 
ance of  this  act,  aud  as  to  the  receipt  to  be  given  by  the 
county  treasurer  therefor,  bo,  and  the  same  is  hereby 
repealed. 

[Approved  by  the  Governor,  March  2,  1815.] 


CHAP.  CLXXVIIL 

An  Act  to  authorize    The  proprietors  of  a  Marsh,  in 
RoAvley,  to  repair  and  maintain  a  Dike. 


Preamble. 


Pfrsonn  m- 
foi-porated. 


IIEKEAS  Thomas  JMighiU  and  oth- 
ers,  proprietors  of  a  marsh  and  rough  meadow,  lying 
in  Rowley,  knovt  n  by  the  name  of  The  Cowbridge 
Marsh  and  Rough  Meadow,  did  (agreeably  to  a  law 
passed  for  that  purpose)  erect  a  dike,  thereby  excluding 
the  sea  from  said  marsh  and  meadow  ;  and  whereas  it  is 
found  by  experience,  that  said  marsh  and  meadow  re- 
quire management  so  very  different  that  the  interest  of 
said  proprietors  cannot  be  promoted  by  their  longer  con- 
tinuing one  entire  body  corporate  :  Therefore, 

Sec.  1.  BE  it  enacted  hij  the  Senate  and  House  of 
Mejjresentatives  in  General  Court  assembled,  and  hj 
the  authority  of  the  same,  That  Enoch  Teuney  and 
others,  proprietors  of  all  that  part  of  the  aforesaid  Cow- 
bridge  marsb,  Avhich  is  situated  Ijelow  the  new  dike, 
erected  across  the  marsh  of  Daniel  Todd,  inn.  aqd  Caleb 


WOBURN  TURNPIKE.  March  S,  181a.  689 

Todd,  be,  and  they,  with  their  heirs  and  assigns,  are  ' 
hereby  incoiporated  for  the  purpose  of  repairini^  and 
maintaining  tfie  oUl  dike  forever  ;  and  for  this  purpose 
shall  have  all  the  powers  and  privileges  (except  that  of  ^'^^^^I'^y,^'^ 
assessing  ta.xes  upon  the  proprietors  of  the  aforesaid 
rough  meadow)  and  be  subject  to  all  ihe  duties  and  r*  - 
quirements  prescribed  and  contained  in  an  act,  entitled 
"  An  act  to  enable  the  proprietors  of  a  marsh  and  rough 
meadow  lying  in  the  town  of  Rowley,  to  make  and  main- 
tain a  dike  for  the  better  improving  s.dd  marsh  and 
meadow,''  passed  on  the  twenty-fourth  day  of  June,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-nine. 

Sec.  2.  Be  it  furtJier  enacted,  That  the  proprietors 
of  said  Cowbridge  dike  marsh  may,  at  any  legal  meet-  ^j.^^.  ^-^^^^^ 
ing  thereof,  called  for  that  purpose,  abate  so  much  of  taxes. 
any  individual  proprietor's  tax  or  taxes,  or  may  alto- 
gether omit  taxing  any  such  proprietor  or  proprietors, 
who,  in  tlie  opinion  of  said  meeting,  are  not,  nor  will 
be  benefited  by  the  repairing  and  maintaining  the  said 
dike :  Provided^  two  thirds  of  all  those  interested  therein  Proviso, 
present  at  any  such   meeting  be  in  favour  thereof,  and 
not  otherwise  ;  the  votes  to  be  collected  according  to  the 
interest  of  the  said  proprietors. 

[Approved  by  the  Governor,  March  3,  1815.] 


CHAP.  CLXXIX. 

An  Act  to  extend  the  time  for  making  the  Woburn  Turn- 
pike  Road^  and  Dracut  Bridge. 

XjJS  it  enacted  hij  the  Senate  and  House  of 
Mepresentafives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  That,  from  and  after  the  passing  Finttiertime 
of  this  act,  the  further  time  of  two  years  be,  and  hereby  allowed. 
is  granted  to  the  corporation,  for  building  the  Dracut 
Bridge  and  VV^oburn  Turnpike  Road,  the  time  limited 
in  the  act  granting  the  said  bridge  and  load  having  ex- 
pired notwithstanding. 

[Approved  by  the  Governor,  March  3,  1815.] 


690  MILITIA  OFFICERS.  Manch  2,  ISl.x 


CHAP.  CLXXX 

An  Act  providing  Compensation  to  Militia  Offieers,  iir 
certain  cases. 

Sec.  1.  J3E  if  enacted  hy  the  Senate  and  House  of 

Representatives  in  General  Coin't  assembled,  and  by  the 

authority  of  the  same,  That  militia  officers,  excepting 

Pay  of  the    Ju^ge  Aclvocates,  wliile  serving  on  courts  martial,  courts 

officers  ser-  of  inquiry,  and  military  boards,  including  superuumer- 

'''"^"  aries  and  marshals,  shall  be  entitled  to  the  same  pay 

and  allowance  for  the  same  numl)er  of  rations  per  day, 

as  militia  officers  of  infantry  of  the  same  2;rade  are  en- 

titled  to  wiiile  in  actual  service. 

Sec.  2.  Be  it  further  enacted,  That  each  officer  afore- 
said shall  be  entitled  to  pay  and  allowance  for  rations  to 
and  from  the  place  of  the  courts,  or  boards  sitting,  at  the 
Forage  1'^^®  of  thirty  miles  per  day,  and  allowance  for  forage, 
when  the  same  sliall  be  necessary ;  but  in  no  instance, 
to  be  allowed  forage  for  more  than  one  horse. 

Sec.  3.  Be  it  further  enacted,  That  Judge  Advocates, 
Wiiile  employed  on  courts  martial,  or  courts  of  inquiry, 
AdVocate.^^  or  military  boards,  shall  be  entitled  to  double  tlic  pay  and 
allowance  for  rations,  to  which  oHlcers  of  infantry  of  the 
same  grade  are  entitled,  while  in  actual  service  :  which 
allowance  shall  include  tlieir  compensation  for  the  time 
necessarily  employed  in  preparing  papers,  made  requi- 
site previous  to,  and  making  the  necessary  copies  aftei- 
any  trial,  inquiry,  or  investigation,  and  single  pay  and 
allowance  for  rations  to  and  from  the  place  of  the  courts 
01-  boards  sitting,  at  the  rate  of  tbh  ty  miles  per  day  :  and 
the  Judge  Advocates  shall  he  allowed  for  forage  for  one 
horse,  and  shall  also  be  compensated  for  the  stationary 
necessary  for  them  and  the  courts  or  boards  on  or  with 
which  they  in  ay  be  ordered  to  act. 
p  Sec.  4.  Be  it  further  enacted.  That  the  fees  for  sub- 

s  'pt^iuies  for  witnesses  ontli?  part  of  the  Commonwealth. 

a?id  for  making  service  shall  !)e  tlie  same  as  are  allowed 
in  civil  causes,  and  the  witness  shall  be  alluwed  for  ti'avel 


FRYEBURGH  CA^TAL.  March  %  181&.  1)91 

four  cents  per  mile,  to  and  from  tlie  place  of  the  courts  or 
boards  sitting,  and  fifty  cents  for  each  days  attendance. 

Sec.  5.  Be  it  further  enacted /Fhsii  no  allowance  for 
pay  or  rations  shall  hereafter  be  made  for  any  military  o»'^enng  of 
guard  attending  a  court  martial,  unless  the  officer  ap-  '^"''*'^ 
pointing  the  court  shiill  order  such  gutird. 

Sec.  6.  Be  it  further  enacted,  Tli:it  no  officer  appoint- 
ing a  court  martial,  court  of  inquiry,  or  bo  a'd  of  officers, 
sh.U  order  out  a  guard,  unless  in  his  judgment  such  guard 
be  necess.ry  to  protect  s;«id  court  iiiLirtiiil,  court  of  in- 
quiry, or  Bo.rd  of  officers. 

[Approved  by  the  Grovernor,  March  2,  1815.] 


CHAP.  CLXXXI. 

An  Act  to  incorporate  The  Proprietors  of  the  Frye- 
burgh  Canal. 


Sec.  1.  JIjE  it  enacted  by  the  Senate  and  JIm(.«(e  of 
Representatives  in  General  Court  assembled,  and  hi/  the 
authority  of  the  same.  That  Robert  Chandler,  John 
Stevens,  jun.  Charles  WpJker,  Henry  D.  Hiitchings, 
Samuel  Walker,  Samuel  Walker,  jan.  John  Charles, 
jun.  Isaac  Charles,  Samuel  Charles,  James  Charles, 
Simeon  Charles,  Jose{)h  Charles,  John  Charles,  Ebene-  P^!"snns  In- 
zer Stevens,  Samuel  Stevens,  J osepli  Col) a^,  Nathaniel  ^'''^^"'^^  ^ 
Frye,  Benjamin  Wilie,  jun.  George  Wilie,  John  Wilie, 
William  Eaton,  Putnam  Farrington,  Tiiomas  Farring- 
ton,  Jacob  Farrington,  E})enezer  Day,  Irenjnmin  Day, 
John  Knight,  Jevemia.h  Bradley,  Daniel  Day,  Tliaddeus 
Bemis,  Oliver  Whiiins;,  Samuel  McKeen,  Samutl  M. 
K.  Whiting,  Oliver  Whiting,  jun.  Moses  Day,  jun.  and 
Joseph  Knight,  with  their  associates,  successors  and  as- 
signs, be,  and  they  are  hereby  incorporated,  by  the  name 
of  The  Proprietors  of  the  Fryeburgh  Canal :  and  by  that 
•name  may  sue  and  be  sued,  plead  and  be  impleaded,  to 
final  judgment  and  execution  ;  and  are  hereby  vested 
w  ith  all  the  powers  and  privileges,  which  are  by  law  in- 
cident to  corporations  of  the  like  nature,  for  the  purpose  ^  .  ^ 
oj  opeiuns;  a  new  channel  ior  baco  river,  within  the  town  cbsnnoi. 


69S  FRYEBURGH  CANAL.  March  2,  1815. 

of  Fryeburgli,  in  the  following  direction  ;  beginning  on 
the  northerly  bank  of  said  river,  on  land  formerly  owned 
Boundaries  by  Joseph  Frye,  about  fifty  rods  southwesterly  of  the 
dwelling  house  of  VYilliam  Russell,  and  running  through 
the  lands  of  Ebenezer  Fessenden,  jun.  Peter  Walker, 
Isaac  Abbot,  and  Stephen  Abbot,  to  bean  pond,  and  from 
said  pond,  through  the  canal  to  bog  pond,  and  thence 
eastwardly  to  said  Saco  river,  near  the  dwelling  house 
of  Simon  Frye. 

Sec.  2.  Be  it  further  enacted^  Tiiat  the  said  Joseph 
Chandler,  a.in\  others  before  named,  shall  b*  liable  in 
their  individual  as  well  as  in  their  corporate  capacity,  to 
make  good  all  damages  sustained  by  any  person  or  per- 
sons, in  consequence  of  opening  said  new  channel,  and 
good  all  ^he  real  estate  now  holden  by  the  said  Joseph  Chandler 
Uamagc;:.  and  otliers,  whether  in  common  or  severally,  shall  be 
subject  to  be  taken  and  set  off  on  execution,  to  respond 
any  damages  Avhich  may  be  recovered  by  any  individual 
by  reason  of  opening  said  new  channel. 

Sec.  3.  Be  it  further  enacted^  That  in  all  cases  where 
any  person  shall  be  damaged  in  his  property,  by  reason 
of  opening  or  managing  said  new  channel  or  canal,  and 
the  said  proprietors  do  not  within  thirty  days,  after  being 
requested  thereto  in  writing,  make  or  tender  reasonable 
satisfaction  to  the  acceptance  of  the  person  so  damaged, 
such  person,  damaged  as  aforesaid,  may  apply  in  writing 
to  the  Circuit  Court  of  Common  Pleas,  or  to  the  Supreme 
Judicial  Court,  liolden  within  the  county  where  the  dam- 
age is  sustained  within  two  years  thereafter  for  redress ; 
whereupon  the  said  court  shall  order  reasonable  notice 
to  the  adverse  party  to  appear  before  said  court  to  agree, 
if  the  parties  can,  upon  the  choice  of  three  disinterested 
freeholders,  who  shall  be  authorized,  if  both  parties  con- 
sent thereto,  to  hear  and  finally  determine  the  question 
of  damages  accruing  to  the  party  complaining  up  to  the 
May  choose  time  of  hearing  before  said  committee,  without  the  inter- 
commiuee.  yention  of  a  jury,  tlie  said  comaiittee  first  being  sworn 
faithfully  and  impartially  to  perform  the  duties  required 
of  them  by  their  appointment,  and  they  shall  give  sea- 
sonable notice  to  all  persons  concerned,  of  the  time  and 
place,  by  them  appointed  for  hearing;  tlie  parties ;  and 
they,  or  the  mnjor  [mrt  of  thera,  shall  make  report  of 


PSYEBURGH  CANAL.  .March  2,  ISly.  69S 

their  doings  under  their  hands,  to  tlie  first  term  of  the 
said  court,  in  the  said  county,  after  said  service  is  per- 
fwmed  ;  Mhicli  report  being  accepted  by  the  said  court, 
judgment  shall  i)e  rendered,  and  execution  shall  issue 
accordingly,  which  shall  be  final  and  concliisi\  e  on  the 
parties,  as  to  the  subject  of  such  demand  :  Pvovlded  Jww-  Piovis*. 
ever,  tiiat  if  the  proprietors  of  the  said  Fryeburgh  canal 
shall  have  tendered  to  the  party  claiming  damages,  any 
sum  of  money,  prior  to  any  application  being  made  to  said 
court  therefor,  and  tlie  said  committee  l)y  their  report  do 
find  thatt-ie  party  complaining  is  not  entitled  to  recover 
a  larger  sum  in  damages  than  was  tendered  to  him  or 
them  by  the  proprietors  as  aforesaid,  the  said  court  shall 
render  judgment  against  the  said  proprietors  for  the  dam- 
ages, but  no  cost.  xVnd  in  all  cases  where  the  parties, 
after  having  been  notified  by  the  court  aforesaid,  do  not 
appear  and  agree  upon  a  committee,  in  the  manner  j)re- 
scribed  by  this  act,  that  it  shall  be  the  duty  of  the  court,  Duty  of  the 
to  whom  application  is  mad^",  by  any  person  suffering  court. 
damage  as  aforesaid,  forthwith  to  hear  and  determine 
the  same  by  a  Jury,  to  be  empanneled  and  sv. orn  for 
that  ])urpose  ;  the  verdict  of  such  jury  beiiig  confirmed 
by  the  court,  judgment  shall  be  rendered,  and  execution 
shall  issue  accordingly,  but  no  costs'iall  be  allowed  the 
party  recovering  damages,  unless  the  sum  given  ])y  the 
verdict  of  the  jury  be  greater  than  the  sura  which  may 
have  ])een  tendered  in  damages  to  the  party  complaining, 
before  application  was  made  to  the  court. 

Sec.  4.  Be  it  further  eiiactedy  That  any  Justice  of  the 
Peace  in  the  iown  of  Fryeburgh  is  hereby  authorized, 
upon  aj)plication  by  any  three  of  the  members  of  said 
proprietors  in  writing,  to  grant  a  warrant,  directed  to  one  Justice  to  is- 
of  the  said  proprietors,  to  call  a  meeting  of  his  associates,  '^"^  wiiiia'U- 
to  meet  at  such  time  and  place  within  said  town  of  Frye- 
burgh as  shall  be  therein  appointed,  to  organize  the  said     , 
cor])oration,  by  the  ai)pointment  of  its  oiUcers  :  and  the 
said  corporation,  being  thus  organized,   may  then  antl 
there  establish  the  mode  of  calling  future  meetiugs  of  the 
proprietoi's,  and  adopt  such  rules  and  regulations  for  their 
governmejit,  as  t!iey  may  think  proper. 

[Approved  by  tlie  Governor,  March  S,  1815.] 

62 


694  ADJUTANT  GENERAL.  March  %,  1815. 

CHAP.  CLXXXII. 

An  act  establishing  a  Salary  for  the  Adjutant  General. 

J3E  it  enacted  ly  the  Senate  anil  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
Salary  csta-  authority  of  the  same.  That  there  shall  be  allowed  and 
blished.  paid  out  of  the  treasury  of  this  Commonwealth,  the  sum 
of  one  thousand  dolhirs,  for  six  mouths  from  the  date  of 
this  act,  to  the  Adjutant  General,  in  full  compensation 
for  his  services  during  that  time,  to  be  paid  in  equal 
€[uarterly  payments. 

[Approved  by  the  Governor,  March  S,  1815.] 


CHAP.   CLXXXIIl. 

An  Act  to  apportion  and  assess  a  Tax  of  one  hundred 
and  thirty-three  thousand   three  hundred   and  thirty- 
four  dollars,  and  ninety-two  cents,  and  providing  for 
as  act.  the  reimbursement  of  iifty-two  thousand  six  hundred 

and  forty  dollar:-!,  paid  out  of  the  public  treasury  to 
the  members  of  the  House  of  Representatives,  for 
their  attendance  at  the  three  last  sessions  of  the  Gen- 
eral Court. 
[Approved  by  the  Governor,  March  2,  1815.] 

END  OF  JAXUARY  SESSION. 


Commonwealth  of  Massachusetts. 


SECREfARr's  Office^  May  \Ot.h,  1815. 
By  this,  I  certify  that  the  laws  contained  in  this  Pamphlet,  passed 
at  the  session  of  the  General  Court  in  October  1814,  and  at  that  be- 
gun the  1 8th  of  January  and  ending  on  the  2d  of  March  1 S 1  ^,  have 
been  examined  and  compared  with  the  originals  in  this  oflice,  and 
that  they  appear  to  be  correct. 

ALDEN  BRADFORD,  Secretary 
of  the  Co m n> o m ";•; - ca Ith , 


INDEX 


TO  THE  LAWS  PASSED  BETWEEN  THE  26th  MAY,  1812|  AND  THE 
2d  MARCH,  1815. 


A 

AbINGTON,  Third  Congregational  Parish  incorporated,            -  171 

Academy,  al  Fryeburtjh,  act  to  alter,                  -             _             -  280 

North  Yarmouth,  established,    -             -             -             -  331 

Phillips',  at  Andover,  additional  act,              -             -  373 

Adams,  Glass  Factory  incorporated  at,       -             -             -             -  9 

North  Village  Cotton  Factory,               -             .             -  356 

South  Village  Manufacturing  Company,    -             -             -  403 

Administrators  and  others,  the  evidence  by  them  to  be  given  of  sale 

of  Real  Estate,  additional  act,         -             -  35 

additional  act,  respecting  sales  of  Real  Estates  by,  569 

and  Executors,  suits  against,  further  regulated,      -  ITS 

Adjutant  General,  his  salaiy  fixed,        -             -             -             -  279 

his  salary  continued,      -              -              -              -  694 

Aggawaum  River,  Fishery  in,  regulated,           -             -             -  404 

Agricultural  Society,  Second  in  Oxford  county,     -             -             -  415 

in  Hampsliiie  county,      -             -             -  494 

Alewives  and  other  fish  in  Ipswich  river,  act  to  prevent  destruction  of,  195 

additional,       -              -  498 

Salmon  and  Shad,  catching  of,  in  Merrimack  river,  regulated,  155 

catching  of,  in  Pembroke,  rcgulaied,        -              -              -  630 

and  Shad  in  Parkers  and  Falls  river,  not  to  be  obstructed,  177 

in  Harwich,  additional  acts  to  preserve  them,  -         284,  361 

in  diaries  river,  act  to  prevent  destruction  of,     -              -  453 

in  Ipswich  river,  additional  act,           _              -              -  498 

Aldcn,  Isaac,  2(h  set  (^ff  from  Abuigton  to  Bridgewatcr,     -             -  265 

Aiiia  and  New  Castle,  Methodist  Society  at,     -              -              -  663 

Amesbury  Wool  and'Cotlon  Manufacturing  Company,      -             -  153 

American  Board  of  Commissioners  for  foreign  missions,           -  29 

Amherst,  Cotton  Factory  estublislied  at,     -              -              -              -  528 

part  of  Hadley  annexed  to  town  of,                -      "     -  376 

and  Hadley,  boundary  line  between  altered,        -             -  665 

AmosUeag  Falls,  Canals  and  Locks  at,  additional  acts,  -         444,  668 

Androscoggin  river,  bridge  over,  to  be  built  from  Durham  lo  Lisbon,  209 

at  Lcwiston,  additional  act,                -  598 


(396  INDEX. 

Antiquarian  Society,  American,  incorporated,         -             -            -  142 

Appeals  and  Reviews,  act  further  to  regulate,                -             -  439 

Aqueduct,  Village,  al  Falmouth  incorporated,        -             -             -  20 

Corporation  at  Frycburgh  established,          -             -  169 

Arms.  Fire,  in  the  stale  to  be  proved,         >             -             -             .  464 

Assessors,  their  duty  respecting  lists  of  voters,              -             -  296 

Association,  Chaiitable  Mechanic,  continued,          -             -             .  456 

Sacarappa  Grammar  School,          ...  623 

South  Boston,  additional  act,                 _              _              .  602 

Broad  Street,  in  Boston,  additional  act,      -             -  149 

Ashburnham  Cotton  Factory  Company,      -             -             -             -  482 

H    Corey,  jun.  annexed  to,            -              -             -  603 

Asylum,  Boston,  for  indigent  Boys,              -             -             -             _  410 

AthcDseuni,  at  Bangor  established,        -             -             -             -  505 

Alhol  Manufacturing  Company  established,             _              -              ■  465 

Atkins,  Silas,  jr.  ai.d  others,  set  off  to  Frovincetown,     -             -  250 
Attoinies  in  Courts  of  Conmion  Pieas«  to  pay  fees  or  excise  before 

admission,               -             -             -             -             -             -  157 

Augusta  Bank  incorporated            -             -             -             -             -  310 

Cotton  and  Wool  Manufactory,            -            -            -  164 

B 

Bailable  oflences,  act  relating  to,    -             -             -             -•             -  4S 

Bangor  Manufactory  established            _             _             -             _  260 

Athenseum  at,  established,               .             _             ,             .  505 

Bank,  Augusta,  established,         -              -     '         -              -              -  310 

Bangor,  established,             _             .             -             -             _  428 

Bath,  incorporated,           -              -              -              -             -  ^5(5 

Bedford,  incorjjorated,           -----  85 

Beverly,  established,       -----  7$ 

addilional  act           -----  595 

Boston,  incorporated,       -             -             -             -             -  47 

Commor.v.ealth  to  have  shares  in,    -             -             -  48 

Cumberland,  incorporated,           -         •    -             -             -  58 

Dedham,  incorp'jraled,         -----  440 

Gardiner,  incorporated,                -             -             -             -  317 

Gloucester,  incorporated,     -              -              -             -              -  81 

Hallowell  and  Augusta,  established,        -             -             -  97 

Hampshire,  iicorporated,     -----  285 

additional  act,           «             _              -              -  627 

Kennebeck,  eslablisiied,        -             -             -             -             -  113 

Kennebii.ik,  incoi-poratcd,            .             -             -             -  27^ 

Lincoln,  incorporated,            -----  304 

Lynn  Mechanics,  incorporated,                ,             -             -  405 

Marblehead,  incorpoiated,                 -             -             -             -  77 

additional  act,         -             -             -             -  370 

Manufacturers'  and  Mechanics',  incorporated           -             -  383 

Mechanics',  at  Newburyport,      -  -  -  -        93,  251 

Merrimack,  incorporated,    -----  541 

Nantucket  Paciiic,  incorporated,              -             -             _  89 

Newburyport,  incoiporaied,               -             -             -             -  109 


INDEX.  697 

Bank,  New  England,  incorporated,       _            -            -  -               270 

Noithan)pton,  additional  act,              -     '         -  -              -         235 

Pawtucket,  established,                .             -             -  .               499 

Phoenix,  at  Nantucket,  established,                -  _             .       -    65  , 

Plymouth,  incorporated,              -             -             -  .                121 

Saco,  incorpoiatcd,                -             -             -  -             -         117 

Salem,  incorporated,       -             -             -             -  -             ^    gg 

Springfield,  incorporated,     -----         335 

additional  act,            -             -             .  .               479 

Waterville,  incorporated,     -----         35^ 

additional  act,           -             -             -  -               601 

Wiscasset,  incorporated,      -             -             -  -             -         101 

Banks,  time  and  mode  of  their  making  returns,            -  -               213 

penalty  lor  not  making  seasonable  returns,  -             -         213 

Real  estate  of,  may  be  sold  for  debts,    -             -  -               248 

may  issue  Bills  less  than  five  dollars,         -  -             -         128 

eiDpowered  to  amend  and  alter  by-laws,             -  -               347 

..        a  tax  imposed  on  them,       -             -             -  .             -           45 

additional  acts  for  their  paying  a  tax,                -  -         462,  537 

certain,  to  settle  their  concerns,       -             -  -             -         129 

Baptist  Society,  First,  at  Wilton,           .             -             -  -               239 

First  Calvinisiic,  at  Parsonsfield,  -  -            -         667 

..     at  Blue  Hill,        -             -             -  -                180 

..     at  Steuben  and  Harrington,  -            -         348 

..     in  Framingham,  established,        -  -                 37 

Barnstable  county,  records  of  Probate  in,  ...         424 

Bath  Fire  and  Marine  Insurance  Company,       -             -  -               254 

Beach,  South  and  Meadow,  in  Edgarion,                 -  -             -          l47 

Beaver  Hill  plantation  incorporated  by  name  of  Freedom,         -  247 

Belfast,  boundaries  of,  established,               -             -  -             -         281 

Bridge  in  town  of,  additional  act,          -             -  -                131 

Bcliingham  Woollen  and  Cotton  Factory,                -  _             -         373 

Belmont,  town  of,  incorporated,             -             -             -  -               3-15 

Berkley,  Trustees  of  ministerial  funds  in,  iHcorporated,  -             -         225 

Free  Christian  Society  in,       -             -             .  -               432 

Berkshire,  county  of,  divided  for  registers  of  deeds,  additional  act,  155 

Courts  of  Sessions  in,             -             -  -               634 

of  Common  Pleas  in,  altered,  -             -         516 

Medical  Botanical  Society,                -             -  -               619 

Berwick  Manufacturing  Company  establislied,       -  -             -         229 

tovvii  of,  divided,          .             -             -             .  .               359 

Beverly  Marine  Insurance  Company,  additional  act,  -             -         223 

Bloomfield,  town  of,  incorporated,         -             -             -  -               341 

Blue  Hill  Turnpike  Corporation,  additional  act,     -  -             -         6 59 

School  lands  in,  may  be  sold,             -             -  -               30 1 

F'irst  Baptist  Society  in,  established,       -  -             -         1 80 

Board  of  War,  their  duty,  8cc.                -             -             _  .               682 

Bonds  of  Constables  in  Boston,  suits  upon,  regulated,  -             -         665 

Boston  Manufacturing  Company  established,    -             -  -                162 

Broad  Street  Association  in,  additional  act,  -             -         j49 

Asylum  for  indigent  Boys,         ....  -401- 

Gun  powder,  how  to  be  stored  and  kept  in,  -            -         397 


mb 


INDEX. 


Boston  Municipal  Court,  its  jurisdiction  enlarged, 
Court  of  Common  Pleas  established, 
town  Treasurer  of,  how  appointed,        -  .  - 

New  South  Meeting-  House  in,  additional  act, 
Soutli,  association,  additional  act,  _  -  - 

Manufacturing  Company  may  close  fish  gate, 
Boylston  Charitable  donation,  additional  act,      -  -  - 

Braintree  and  Weymouth  may  appoint  engine  men, 
Brewster  to  have  benefit  of  Fishery  in  Harwich, 
Bridge,  Merrimack  river^  for  building  over,  additional  acts, 
over  Connecticut  river,  at  Northfield, 
at  Kennebunk,  proprietors  of,  incorporated, 
Oxford,  proprietors  of,  incoporated. 
Bridges  and  Mill  dams  on  Miller's  river,  act  to  prevent  damage 
over  Connecticut  river,  to  prevent  damage 
and  High  ways,  additional  act  for  repairing,    - 
Bridge  at  Hall's  Gurnet  in  Harpswell,  to  be  built, 
over  Passagassawaukeg  river,  additional  act, 
over  Chicapte,  additioiial  act,         -  -  - 

over  Androscoggin  river  at  Lewiston,  additional  act,     - 
between  Durham  and  Lisbon, 
over  Salem  South  river,  additional  act, 
Bridgewater  Factory  Company  in  west  parish. 
Manufactory  Company  established 
Isaac  i\lden,  2d,  and  others,  annexed  to, 
Brighton,  Fishery  at,  regulated,  .  .  -  - 

Brimfield  Cotton  and  Woollen  Manufactory, 
Brookficld  and  Charlton  Turnpike,  additional  act, 
Brunswick,  First  Universal  Christian  Society  at,  - 
Buckstown,  Proprietors  of  Congregational  meeting  house  in,    - 
Buildings  in  Ncvvbiiryport,  height  of,  Sec.  regulated, 
Buxton,  Ministerial  lands  uj,  may  be  sold,         -  -  - 

Boom,  Proprietors  of,  incorporated, 


of, 
to, 


205 
435 
292 
454 
602 
527 
434 
130 
361 
5,  350 
15 
299 
34 
260 
653 
12 
405 
O^ 
261 
59S 
487 
599 
588 
263 
265 
662 
622 

isr 

140 

IS 

11,  12 

391 

158 


Calvinislic  Society  at  Sandwich,  .  .  .  , 

First  Baptist  St^iety  at  Parsonsfield,     - 
Cambridgeport  Manufactory  incorporated, 
Canal,  Middlesex,  additional  acts  respecting,  -  -     1 

Ten-mile  corporation  established, 
Fryeburgh,  incorporated     -  -  -  - 

and  Locks,  at  Amoskeag  Falls,  additional  act, 
Canaan,  town  of,  divided,  _  -  -  • 

Central  Wharf  and  Wet  Dock  Corporation,     - 
Manufacturing  Company  incorporated, 
Chapel  Congregational  Society,  at  Portland,  established, 

Third  Society  in  Portland  annt^xed  to, 
Charlton  and  Brookfield  Turnpike  Corporation,  additional  act, 
Charlestown,  act  for  safe  kecpinej  of  gunpov/der  there, 

Washington  Hall  Association  at, 
Charles  River,  act  to  prevent  destruction  of  lish  in, 


445 
667 
222 
185,  600 
189 
691 
444 
341 
678 
240 
137 
377 
187 
389 
293 
453 


INDEX.  699 

Chatham,  eel  fishery  in,  rej;ulated,  ....         204 

Cheshire  Crown  Glass  Factory,             -             -         '    -             -  651 

Chester,  for  registry  of  deeds,  to  belong  to  county  of  Hampdci,  125 

Glass  Company  established  at,     -             -             -  -         481 

Chesterville  and  Vienna,  line  between  established,        -             -  155 

Chicapee  river.  Bridge  over,  additional  act,            -             -  -         261 

Christian  Monitor  Society,  additional  act,           ...  141 

Cleaves,  E  and  W.  annexed  to  town  of  Pownal,     -             «  -         188 

Clerks  of  Courts,  act  to  appoint  them  altered,                -             -  3i5 

tlicir  fees  and  allowance,             _        ^    -  -         475 

to  apportion  county  tax  for  1814,      -             -  512 

Church,  St  Peters,  in  Salem,  additional  act,           -             -  »         187 

Coffee-House,  Excliange,  additional  act,            -             -             -  262 

College,  Harvard,  power  to  hold  real  estate  enlarged,        -  -         359 

overseers  of,  restored,           -             .             -  469 

tax  from  banks  appropiiated  to,              -  407,  428 

Bowdoin  and  Williams,  tax  on  Banks  (granted  to,     -  407,  428 

Commissioners  to  preserve  shipwrecked  goods,     -             -  -         672 

Commissioners,  military,  to  be  appointed,         ...  563,  682 

Board  of,  for  foreign  missions,  incoi'porated,  -           29 

Commonwealth,  law  for  districting  for  choice  of  Senators,  I'cpealed,       295 

districted  for  choice  of  Senators,          -             -  409 

Representatives  to  Congress,     545 

additional  act,  616 

loans  for,  to  defray  expenses  of  the  late  war,  -         652 

suits  in  behalf  of,  regulated,     -             -             -  452 

Company.  Ashburnham  Cotton  Factory,     .             -             -  -         482 

Bath  Fire  and  Marine  Insurance,     -             -             -  254 

Beverly  Marine  Insurance,  additio-ial  act,           -  -         223 

Boston  Porcelain  and  Glass,               -             -             -  334 

Bridgewater  West  Parish  Factory,         .             -  -         588 

Cheshire  Crown  Glass,         -             -             -             -  651 

Eagle  Steel,  incorporated,          -             -             -  -         179 

Frankfort  Cotton  and  Woollen  Factory,        -             -  422 

Linum  Spinner,  incorporated,     -              -             -  -         362 

Marbleht ad  Social  Insurance,  additional  act,             -  231 

Magnesia,  in  this  state,  incorporated,      -             -  -         135 

Maine  Cotton  and  Woollen  Factory,  established,      -  137 

Medford  \Vire  Factory,  incorpor.ited,    -              -  -         238 

Merrimack  Insurance,  additional  acts,          -             -  560,  635 

Neponset  Cotton  Factory,  established,    -             -  -         386 

,.         Nobscusset  Point  Pier,         -             -             -             -  406 

Pembroke  Woollen  and  Cotton  Factory,  established,  -         357 

Second  Cotton  and  Woollen  Factory,       -  346 

Plymouth  Woollca  and  Cotton  I-'actory,             -  -         388 

Plympton  Coiton  Factory,  incorporated,        -              -  191 

Saco  Cotton  and  Woollen  Factor}',         -             .  -         i^ 

Social  Insurance,  additional  act,       -             .             -  4^6 

Waltham  Cotton  and  Wool  Factory,      -             -  -         146 

Westport  O)tton  Manufacturing,      -             -             -  635 

Wiscassct  Marine  Insurance,  incorporated,       -  -         2  i-l 

additional  act,              -  449 


700  INDEX. 

Compensation  to  Miiilia  OHiccrs  in  certain  cases,  -  -  69a 

Concord,  Trustees  of  Congregational  ministerial  lund  in,         -  216 

Congregatiojal  meeting-house  in  Buckstown,  the  proprietors  of,  13 

South  parish  in  Prospect,  established,         -  -  657 

Third  parish  in  Abiiigton,         .  -  -  171 

Chapel  Society,  at  Portland,  incorporated,  -  137 

Connecticut  School  Fund,  an  act  for  benefit  of,  -  -  224 

river,  to  prevent  damage  to  bridges  and  dams  over,  653 

Constables'  Bonds,  suits  upon  regulated,  ,  -  -  665 

Corey,  H.  jr.  annexed  to  Ashburnham,       -  -  -  -  603 

Coroners  liable  to  same  bonds  as  Sheriffs,         -  -  .  463 

Corporations,  Turnpike,  general  powers,  additional  act,    -  -  685 

Corporation,  Prison  Point  Dam,  act  repealed  in  part,   -  -  476 

Boston  and  Roxbury  Mill,  established,  -  -  520 

Central  wharf  and  wet  dock,         _  -  -  678 

Corson,  Benjamm  and  others,  annexed  to  Waterville,        -  -  620 

County  Taxes,  to  be  apportioned  by  clerks,      -  -  -  512 

Treasurers,  act  repealed  respecting  choice  of,        -  -  660 

Court, Supreme  Judicial, law  term  m  counties  of  Plymouth  and  Bristol,     676 

of  Probate,  to  grant  appeals,  -  -  -  43  -" 

Boston,  for  county  of  Suftolk,  established  -  -  435^- 

Circuit,  of  Common  Picas,  for  Berkshire  county,     -  -  5^6 

through  the  state, times  and  places 

for  holding,  -  -  -  40 
for  Nantucket  and  Duke's  county,  495 
may  be  by  one  Justice  in  Nan- 
tucket and  Duke's  county,  496 
in  Somerset  county,  altered,  -  636 
Oxford  couiityjlinics  for  holding,  490,  590 
Attornics  of,  to  pay  fees,  -  157 
and  Sessions  in  Hancock  county 

altered,          .              -              -  453 
a:Kl  Sessions  in  Washington  county,  511 
of  Probate,  in  Kampden  county,  where  to  be  held,              -       7,  361 
in  Middlesex  county,  altered,      -             -             -  253 
in  Hampshire  coui.ty,  times  of,          -             -  415 
..                 ..         in  Oxford  county,              .              -              -             369,  590 
Municipal,  in  Boston,  Judge's  salary,     -             -             -  448 
its  jurisdiction  enlarged,        -             -  205 
,.               „                     ..       may  certify  in  favor  of  those  who  pro- 
secute for  counterfeiting,      -  597 
of  Sessions,  their  power  given  to  Common  Picas,    -             -  471 
in  Berkshire  county,  its  duty,            -             -  634 
in  Hancock  county,  altered,       -             -             -  316 
doings  made  valid,         -  232 
in  Washington  county,  altered,               -             -  229 
in  York  couniy.  places  and  times  fixed,        -  535 
Crimes,  certain,  punishmciit  of.  altered,     -             -             -             -  206.,.^ 
Crosby^,  Jonah  jun.  annexed  to  Fairfax,              -             -             -  317 
Cumberland  Law  Library,  established,        -             -             -             -  185 
Judge  of  Probate  in  county  of,  allowance  to,          -  186 


INDEX. 


701 


D 


Dalton  Manufacturing:  Company  incorporated.       _  .  - 

Danvers,  art  to  rci^uiatf  town  meetings  in,  repealed  in  part,    - 

Fishery  in,  rct^ulated,       _  .  -  -  - 

Day,  Francis,  and  otliers  annexed  to  Hallowell, 
Dead,  Sepulchres  ol".  protected,     -  -  -  -  - 

Debtois,  ihcir  goods  exempt  from  attachment  and  execution,  addi- 

tioi  al  act,  .  -  -  -  - 

Dedham  Bank  established,  -  -  -  -  - 

Episcopal  Church  at,  additional  act, 
..         and  Hartford  Turnpike  Corporation,  additional  act,    - 

Manuioctuiing  Company,  .  _  -  . 

W    Fairbanks  and  others  annexed  to  third  parish  of, 
DcerSidd  meadow  laiids,  proprietors  of,  incorporated, 
Denmark,  town  of,  J.  Warren  annexed  to,         - 
Dighton  and  Taunton  Turnpike  Corporation  established,  - 

town  of.  divided,  .  -  -  -  - 

Districting  of  Commonwealth  for  choice  of  Senators, 

for  choice  of  Representatives  to  Con 
gress,  -  -  - 

Disti'ict  of  New  Ashfoid,  .  -  -  - 

Dogs,  miscliievons,  additional  act,  to  prevent  damage  by, 
Dorchester,  part  of.  set  off  to  Quiiicy,         -  -  - 

Third  Religious  Society  in,  established,     - 
Dower,  additional  act  for  the  speedy  assignment  of, 
Dracut  and  Woburn  Turnpike,  time  extended, 
Duck,  Lirtum,  Maiiufactory  Company,        _  -  - 

Dudley,  Village  Cotton,  Wool  and  Linen  Factory  in,  - 
Duke's  county.  Circuit  Court  of  Common  Pleas  for, 
Dunstable  and  Tyngsborough,  line  between  established, 
Durham  and  Lisbon,  Bridge  to  be  between, 
Duxbury  Manufacturing  Company  incorporated, 

and  Marshfield,  line  between  established, 
South  River  Manufactory  established, 
Dyer's  river,  Fishery  in,  regulated,  .  _  - 


440, 


545,616 
623 
221 
35* 
604 
163 
689 
408 
8,  63? 
495 
492 
487 
161 
252 
654 
17 


Eagle  Steel  Company  incorporated, 
Easton  Manufactory  established,  -  -  - 

East  SudDury  Ministerial  funds,     -  -  -  - 

E.iton  Farms  set  off  to  second  parish  in  Reading,  o 

Edgarton,  south  beach  aiid  meadow  in,  act  respecting. 
Eel  Fishery  in  Chatham  regulated,       -  -  - 

Elections,  act  to  prevent  frauds  in,  -  .  - 

Engine  men  in  Newton  and  Ncedham  to  be  appointed, 

in  Brair.tree  and  Weymouth  may  be  appointed. 
Episcopal  Church,  Si.  James,  at  Grc-enfield 
in  Newton  incorporated, 
in  Dedham,  additional  act, 
St.  Aiidrews,  at  Hanover, 

63 


179 
597 
647 

sol 

1  :7 
^04 
470 
10,  165 
130 
2G9 
290 
554 
670 


70S  INDEX. 

E|  i^'copal  Society  in  Sheffield  incorporated,      .             »             -  305 

Essex  Fire  Marine  Insurance  Company,  additional  act,      -             -  485 

Exchange  Coffee  house,  additional  act,              _             _             -  262 

Excise  to  be  paid  by  atlornies  of  Cuniinon  Pleas,                 -             -  157 

Execution  and  attachment,  debtor's  goods  exempt  from,  additional  act,  434 

Executors  and  Administrators,  suits  against  regulated,       -             -  176 

evidence,  how  to  be  given  by  them 

in  selling  Real  Estate,        -  36 


Factory,  Pittsfield  Woollen  and  Cotton,  established,  -             -         388 

Anihf  rst  Cotton,  ir.coi  poiated,               _  .             .                528 

Rock  Bottom  Cotton  and  Wool,  at  Stow,  -              -         614 

Fairbanks,  W.  and  others,  anivexed  10  Dcdham,  -             -               517 

Fairfax,  Jonah  Crosby,  jun.  annexed  lo,      -             -  -             -         317 

part  of  town  of,  set  off  ti>  Harlem,        -  -             -                158 

Falls  Cotton  Manufacturing  Company  incorporated,  -             -         15I 

Faimt)Uth,  village  Aqueduct  in,  incorpoiaied,    -  -              -                  20 

Farmers'  Cotton  imd  Wool  Factory  in  Union,         _  -              -         644 

Glass  Factory  at  Clarksburgh,             -  .              -                492 

Fees  of  officers,  &c.  addiiional  act  respecting,         ■  _              -         234 

Fi.e  Mt)nut\>cruring  Company,  Massachusetts,  -              -                3L7 

FiiAs  for  repairing  high-ways  and  bridges,               -  -             -            12 

Fire  ;u'ms  to  be  proved  iri  the  state,       -             -  -             -               464 

Firewards  of  Boston  to  regulate  building  Stables  and  Gun  houses,           574 

Fith,  Shell,  at  Weliilect,  act  to  preserve  tliem,       -  -              -          345 

..     in  Connecticut  liver,  the  taking  of,  regulated,  -              -                174 

..     in  Penobscot  river  and  bay,  act  for  preserving,  -              -         398 

..     in  Uiiion  river,  to  be  preserved,                 _  _             -               633 

Fishery  in  Agt;awaum  river  regulisted,       -              -  -              -         404 

Herring,  at  Dim^iribcntta,  Sec.  regulated,  -             -               519 

at  Brigliton  r«;gulated,        .              .              -  -              -          662 

in  Duck  Trap  streiim,  at  Liiicolnvil'e,  -              -                608 

in  Tunk  and  Narraguagus  regttlated,         -  -             -            15 

in  Yarmouth  regulated,              .              _  .              -                637 

in  Bilierica  regulated,         _              -              -  -              -         641 

Lobster,  in  Provincetown,  regulated,     -  -              -                  39 

in  Dyer's  river  regulated,               -             -  -             -            17 

in  Danvers  regulated,                 -              -  -              -                631 

in  Sebaslicook  river  regulated,       -             -  -             -         556 

at  Macliias  regulated,                 .              .  -              -                298 

Fitchburgh,  parishes  there  united,               -             -  -             -         328 

Thomas  Miles  set  off  from,              .  >             -                 154 

Forgery  and  Cotnnerfeiting,  additional  act,              .  _             -         59/ 

Foxborough,  Cotton  7vIaiiufactory  at,     -             -  -             -               594 

Frammgham,  First  Baptist  Society  in,  established,  -             -           37 

Manufacturing  Company  incorporated,    -  -                150 

Frankfort,  Cotton  and  Wool  Factory  Company  at,  -             -         422 

Franklin  county,  additional  act  lor  establishing,  -             -                192 

Manufacturing  Company  established,       .  -             -         263 

Freedom,  town  of,  incorporated,            ,            .  -            -              247 


INDEX.  703 

Fresh  pond  Meadows,  additional  acts  respecting^,    -             -  211,  294 

Fryebmgh  Academy,  act  altered  and  amended,              -             -  280 

Aqueduct  Corporation  established,        -             •  -         169 

Bridge  at,  over  Saco  river,                -             -             .  437 

Canal  incorporated,       -             -             -             -  -         691 

G 

Gaols,  prisoners  of  United  States  how  to  be  kept  therein,  -         345 

Gardmer  Bank  incorporated,     -              -              -              -              -  317 

Gay  Cotton  Manufacturing  Company,         -             -             .  -         334 

Gayhead  Indians  and  Mulattoes,  proprietors  of,              -             -  295 

German  Protestant  Society  in  Waldoborougli,  to  sell  lands,  -         358 

Gilbreath,  John  and  others,  annexed  to  Vienna,             -             -  6'.  6 

Glass  Company,  at  Chester,  incorporated,                -             -  -         481 

Factory,  Farmers',  at  Ciarksburgh,         -             -             .  492 

at  Adams,  incorporated,     -             -             -  -             9 

and  Porcelain,  Boston  Company,               -             -             _  334 

Globe  Manufactory,  at  Siuibridge,               .             -             -  .         567 

Gloucester  Bank  incorporated,                •             -              -             -  81 

Gorham,  Trustees  of  ministerial  lands  in,  -             -             -  -          165 

Governor  and  Council,  Banks  to  make  returns  to,         -             -  213 

and  Senators,  fine  for  illegal  votes  for,  -         297 

Grand  Jury,  Traverse  and  P'itit,  additional  act,              -             -  214 

Granville  and  Tolland  Turnpike  Corporation,         -             -  -         503 

Green,  plantation  of,  made  a  town,        -              -              -              -  343 

Greenfield,  St.  James'  Church  established  in,         -             -  -         269 

Groton,  Trustees  of  ministry  funds  in,  ...  496 
Guardians,  how  to  give  evidence  of  noilce  of  the  sale  of  real  estate,         569 

Gun  powder,  act  for  safe  keeping  in  Charlestown,         -             -  389 

in  Boston,  ...         397 

in  Roxbury,              -             -  533 

Gurnet,  Hall's,  act  to  build  a  Bridge  at,     -             -             -  -         405 

H. 

Hadley,  part  of,  annexed  to  Amherst,           -             .            -  -       376 

line  between  Amherst  and,  altered,        ...  665 

Hallowell,  south  line  of  altered,       -             ...  -       354 

the  town  of,  Day,  Hewins,  and  Parker,  an\iexed  to,  167 

..          Nathaniel  Wing,  annexed  to,       -              -              -  -       264 

the  town  of,  I.  Wingate,  jun.  annexed  to,       -             -  510 

Union  Religious  Society  at,          -             -             _  -       508 

Hampden,  county  of,  Probate  Courts  where  holden  in,    -             -  7,361 

county  formed,     -----  44,  143 

county,  thf.  town  of  Chester  to  belong  to,  for  Register 

of  Deeds,        .-----        125 

Cotton  Manufacturing  Company,        -             -             -.  3.>9 

Hampshire  Lead  Manufacturing  Company  established,        -  -         25 

county  divided,  additional  acts,  -  -  44,143,192 

Probate  Courts  in,            -             -             -  -       415 

Bank  incorporated,                .             -             ^            ,  285 


Y(yh  ^  INDEX. 

Hampshire  Bank,  adrlitional  act,       -            -            -  .             .       627 

Agricultural  Society,             .             .             _  _             494 

Hancock  county,  No.  4  annexed  to,               .             _  -            -           7 

doings  of  Courts  of  Sessions  in,  made  valid,  239 

Court  of  Sessions  for,  times  altered,  -             -       316 

Charity  School  in,         -             _             -  -             420 

Free  School  in,      -             .             -  -             -       450 

Courts  of  Sessions  and  Common  Pleas,  limes 

for  holding  altered,             ...  -             459 

H^.nover   St.  Andrews  Church  at,  trustees  of,           -  -             -       670 

Hardwick,  I.  Robinson  set  off  to,            -             -             -  -             493 

Harlem,  tov.-n  of,  addition  to,  from  Fairfax  and  Winslow,  -             -       158 

Harrington  and  Steuben,  first  Baptist  Society  at,             -  -             348 

Hortford  and  Dedham  turnpike  corporation,  additional  act,  -       162 

Hartshorn,  Jason  and  others,  annexed  to  Third  Parish  in  Roxbury,         199 

Harvard  College,  power  of  holding  real  estate  enlarged,  -             339 

Harwich,  acts  to  preserve  alewives  there,                  -  -             284,  361 

Haverhill  Cotton  and  Wool  Factory,       -             _             -  -             480 

Hermon,  town  of,  incorporated,         -             -             -  -             -       5  15 

Herring  Fishery  regulated  at  Damariscotta,  &c.             -  -             519 

Hewins,  Ebenezcr,  and  others,  annexed  to  Hallowell,  -             -       167 

Highways  and  Bridges,  additional  act  for  regulating,      -  -               12 

mode  of  laying  out,  additional  act,            -  -             -       188 

Hingham,  Woollen  Manufactory  at;  incorporated,           -  -             135 

meadows  and  flat  ground,              «             .  -             -       625 

Hiram,  district  of,  additional  act,              -             -             -  -             528 

HoUiston,  Cloth  Manufactory  at,  established,            -  -             -       540 

Cotton  and  Woollen  Factory  established,         -  -             246 

Hopkins'  Donation,  records  of  the  lands,  to  be  removed,  -              -        166 

Hospital,  Massachusetts  General,  additional  acts,             -  -     266,  416 


Indian  and  Rye  Meal,  sale  of  regulated,              .             _  .             280 

Indians,  Mulatoes  and  Negruet,  proprietors  of,  at  Gayhead,  -       29  5 

Industry,  town  of,  H.  Smith  and  others  annexed  to,         -  -             282 

gore  of  land  annexed  to,                  -              -   '  -              -       647 

Institution,  literary  and  theological,  in  Maine,                  -  -             201 

Insurance  Company,  Marine,  at  Bath,           -             -  -             -       254 

at  Beverly,  additional  act,  -             223 

Essex  Fire  and  Marine,            _  -              -       485 

Marblchead  Social,  additional  act,  -             231 

Merrimack,  additional  acts,      -  -             660,  685 

Salem,  Social,         .             -             -  -             426 

>•                  ..         Union,  Marine,  and  Fire  Insurance,  to  sell,  626 

Wiscasset  Marine,               -             .  -     241,449 

Jones' River  Manufactory  established,          -             -  -             -       134 

Joy,  town  of,  incorporated,           -             -             -             -  -             655 

Ipswich  river,  act  to  prevent  desirurtion  of  Alewives  in,  -             -       196 

Alewives  &.c   in,  additional  act,    -              -  -             498 

Judge  of  Municipal  Court,  in  Boston,  his  salary,      -  -            -       448 

Jurors,  additional  act,     -            -            -            -            -  -    214,248 


INDEX.  705 
K 

Kennebeck  Bank  incorporated,       -             -             -             -  -         113 

and  Somerset  counties,  part  of  line  between  altered,  179 

Kennebunk  Bank  established,         -----  275 

additional  act,             -              -              -              -  628 

Bridge,  proprietors  of,  incorporated,     .             -  -         299 

King,  Stephen  and  others,  to  make  a  dam  across  Taunton  river,  267 


Lead  Manufactnrinsj  Company  established,             -             -  -           25 

L^iiox,  Farmers'  Munufac  ory  at,           -              -              -  -                615 

Leonard    A.  and  otiiers,  annexed  to  West  Springfield,        -  -         289 

Li  vant,  town  of,  incorporated,                 -              -             -  -                251 

Library,  Law,  in  Boston,  incoiporated,        -             -             -  -         580 

in  Cumberland,  incorporated,      -             -  -                185 

in  all  the  Counties^  provided  for,      -             -  -         686 

Lincoln  Bank  incorporated,        -----  304 

Cotion  and  Woollen  Manufacturing  Company,      -  -         355 

Lmcolnville,  Fishery  at,  regulated,         -             -             -  -               608 

Line  between  Chesterville  and  Vienna,  established,             -  -         155 

..    between  Dunstable  and  Tyng.sborongh,  established,  -               492 

..    between  Duxbury  and  Marshfield,  established,            -  -         252 

..    between  Somerset  and  Kennebeck  counties,  altered,  -                179 

..    easterly  of  Palermo,  altered,                -              -              -  -          1 82 

..    south  of  Hailowell,  altered,             -              _              -  -                354 

Linum  and  Duck  Manufactuiing  Company,            -             -  -         408 

Linum  Spinner  Company  incorporated,               _              -  -                362 

Lisbon  and  Durham,  act  for  building  bridge  at,  over  Androscoggin,         209 

Maiiufaciory  established,             -              -              -  -                621 

Literary  Institution,  in  Maine,  established,               -             -  -         201 

Literature,  Piety  and  Morality,  and  Arts  and  Sciences,  act  to  en- 
courage,                 ------       4G7,  428 

Liverniore,  Ministry  lands  in,  additional  act,           -             -  -         387 

town  of,  to  belong  wholly  to  Oxford  county,  -               3 16 

Lobster  Fishery,  in  Proviiicet<nvn,  regulattd,          -             -  -           39 

Lottery,  for  Plymouth  Beach,  additional  acts,                 -  -         24,  603 

Amoskeag  Locks  and  Canal,  additional  act,           -  -         444 

Lovel,  town  of,  divided,              -             -             -             -  -                181 

Lynn,  eastern  Methodist  Society,  incorporated,       -             -  -          197 

Mechanics*  Bank,  incorporated,                .             -  -               465 

additional  act,       -             -             -  -         650 

par-t  of,  incorporated  by  name  of  Saugus,              -  -               611 

Wire  Manufacturing  Company,        -             -             -  .         354 

Lynnficid  incorporated,              -----  463 

M 

Machias,  t?king  of  fish  there,  regulated,     -             -             -  -         298 

Magnesia  Compar.y,  in  this  state,  incorporated,              -  -                135 

Maine,  Charity  School,  in  Hancock  connty,             -             -  -        420 


706  INDEX. 

Maine  Cotton  and  Woollen  Factory  Compain-,  established,       -  137 

District  of.  Literary  Institution,  established  there,  -         201 

Manufactory,  Adams,  South  Village,    -             -             -  -               403 

Adams,  North  Village,          -             .       ^  -             -         356 

nt  Amesbury,  incorporated,         .             -  -                153 

Athol,  incorporated,                ...  -         485 

Attieborough,  Falls,  Cotton,         -             -  -                151 

at  Augusta,  incorporated,      -             -  -             -         164 

Bangor,  establisl^ed,         -              -              -  -                260 

at  Bellingham,  Cotton  and  Woollen,  -             -         373 

at  Berwick,  incorporated,              -              -  -                229 

at  Boston  and  vicinity,  incorporated,  -             -          162 

may  shut  fish  gate,  -               527 

Bridgewater,  established,      -             -  -             -         263 

Brimfield,  Cotton  and  Woollen,                -  -               622 

Cambridge  Port,  additional  act,         -  .             -         222 

Central,  at  Seekonk,  incorporated,           -  -               240 

Cottpn  and  Woollen,  at  Oxford,  -             -         SfiS 

at  Dalton,  incorporated,  -             -             -  -               486 

Dean,  Cotton,  at  Taunton,     -             -  -             -         643 

Dedham,  incorporated,    -             -             -  -               339 

Duxbury,  incorporated,         .             -  -             -         161 

Duxbury,  South  River,  established,  -  -  654 
at  Easton,  Cotton  and  Woollen  Cloth,  incorporated,         597 

Farmers'  Cotton  and  Woollen,  at  Union,  -               644 

at  Lenox,                 ,              .  -              ■         61S 

Falls,  Cotton,  at  Attlehorough,    -             -  -                151 

File,  at  Sharon  and  Boston,                -  .             ,         327 

Foxborough,  Cotton,  established,               -  -                594 

Framingham,  established,      -              -  -              -          150 

Franklin,  Cotton  and  Vvoollen,  established,  -               263 

Gay?  Cotton,  at  Stoughton,  established,  -             -         334 

Globe,  at  Sturbridge,       -              -              -  -                567 

Hampden,  Cotton,  at  Monson,           -  -             -         309 

Haverhill,  Cotton  and  Woollen,                 -  -                480 

Hingliam,  Woollen,  incorporated,     -  -             -         135 

Holiiston,  Cotton  and  Woollen,  -             -  -               246 

Cloth,  incoi'poratcd,          _  _             -         540 

Jones  River,  at  Kingston,  incorporated,  -                134 

Lead,  in  Hampshire  county,               -  -             -           25 

at  Lenox,  Farmers',  incorporated,             -  -               615 

Lincoln,  Cotton  and  Woollen,  at  Thomaston,  •         355 

Linum  and  Duck,  established,  at  Lynn,  -               408 

at  Lisbon,  incorporated,        -             -  -             -         621 

Lynn,  Wire,  incorporated,            -             -  -               354 

Maine,  Cotton  and  Woollen,             -  -             -          137 

Mansfield,  Cotton,  incorporated,               -  -               372 

Matfield,  in  Bridgev?ater,      -             -  -             -         357 

Middleborough,  Cotton  and  Woollen,  incorporated,  246 

Monson,  Woollen,  established,    -             -  -               593 

New  Market,  Iron,  at  Middleborough,  -             -         246 

■V             Northborough,  incorporated,       -             -  --               382 


INDEX.  707 

Manufactory,  Northbiidi»e,  Cotton,  established,      .             -  -         490 

Js'ortlibiidge.  CioUi,  established,                -  -                529 

Oakham,  Village  Cotton  and  Woollen,         -  -          601 

Oxford.  Central,  Cotton  and  Woollen,     -  -                365 

Painu-rs  River,  at  R'.-hobotii,  incorporated,  -  -         336 

Palis,  in  county  of  Oxford,  incorporated,  -                489 

Pawtucket,  at  Scekonk,  established,                -  -          178 

Pembrokcj  Cotton  and  Woollen,              -  "                357 

Second  W^ooUen,              -             -  -         345 

Phiilipston,  Cotton  and  Woollen,  established,  -               656 

Plympton,  Wool,  incorporated,          -             -  .         374 

Royaiston.  Cotton  and  Wool,  incorporated,  -                 184 

Sharon  anil  Boston,  File,  Massachusetts,       -  -         327 

Spririj^ficld,  Cotton  and  Woolkn,              -  -                552 

Steep  B'ook,  at  Caiuon,  Cotton  and  Woollen,  -         6J3 

Stockbridge,  Cotton,        .              -              -  -                644 

Cotton  and  Woollen  at,              -  -  -         6tl4 

Stony  Brook,  at  Wrentham,  incorporated,  -               414 

St<)Ui>-hton.  Woollen  and  Cotton,       -             ■  -         587 

Stow,  Cotton,      -              -              -              .r  -                589 

StraitoM,  Cotton,  at  Foxborough,  established,  -         655 

at  Stnrhiidi^f,  Globe,       -              -              -  •                567 

Sturbrids^e,  Wool  and  Cotton,  incorporated,  -         133 

Swanze\,  Union,  incorporated,    -             -  -                376 

Tioy,  Cotton  and  Woollen,                -             -  •         402 

Union,  at  Walpole,  incorporated,             -  -               233 

at  Union,  Farmers'  Cotton  and  Woollen,      -  -         644 

Village  Cotton,  Wool  and  Linen,  at  Dudley,  -           8,  639 

Walom(jpogge,  at  W^rentham,  incorporated,  -         375 

Walpole,  Cotton  and  Woollen,  established,  -               413 

Waltl)am,  Cotton  and  Wool,             -             -  -         146 

Watertown,  Woollen,  established,            -  -               417 

Wellflect,  Cotton  and  Woollen  Cloth,            -  -         595 

.   Wellington,  Cotton  Mill,              -             -  -               561 

Westport,  Cotton,     .              -              -              -  -         635 

Wrentham,  Cotton  and  Wool,     ...  y 

Marblehead,  collection  of  taxes,  regulated,              ...  570 

Social  Insurance  Company,  additional  act,  -               231 

Marine  Insurance  Company,  at  Beverly,  additional  act,     -  -         223 

Society,  at  Newburyport,  additional  act,            ••  -               568 

Mansfield  Cotton  Manufacturing  Company,  ...         370 

Marlborough,  Trustees  of  ministerial  fund,  in  second  parish,  -                 25 

Marsh,  in  Rowley,  dike  to  be  built  over,    -              -              -  -          686 

Marshfield  ar.d  Duxbury,  line  between,  established,      -  -                252 

Marshpee,  act  to  preserve  Quahaugs  there,            .             _  -         2S3 

Missionary  there  to  have  lands,       -             -  -               263 

Mattepoisett  river,  Fishery  in,  regulated,  ...         599 

McGaffey,  D.  and  others,  annexed  to  Mount  Vernon,  -               511 

Meadows,  Fresh- Pond,  additional  acts  respecting,                 -  211,  294 

Meadow  lands  in  Decrfield,  Proprietors,  incorporated,  -               230 

Meal,  Indian  and  Rye, "regulating  the  sale  of,         -             -  -         280 

Medford  Wire  Factory  Company,  incorporati;d,            -  -              23a 


70S 


INDEX. 


Medford  Wire  Factory  Company,  additional  act, 
Meeting-house,  coni^regational,  in  Buckslown,  proprietors  of. 
New-south,  in  Boston,  additional  act,     - 
Meguntikook,  proprietors  of,         -  -  . 

Merrimack  Bank  incorporated,  .  -  -  - 

additional  act,     -  -  -  -  - 

Insurance  Company,  incorporated, 

additional  acts,     -  -  660, 

River,  bridge  over,  additional  act,        -  _  - 

additional  toll,  -  -  - 

catching  salmon  and  alewives  therein,  regulated, 
additional  act,         -  -  -  . 

Methodist  Society,  eastern,  in  Lynn,     -  -  -  - 

Protestant,  at  Alna,      -  -  -  - 

Middleborough  Manufacturing  Company  incorporated, 

Precinct,  George  Williams  and  others  annexed  to, 


Middlesex  Canal,  additional  acts  respecting. 
Miles  Thomas,  set  off  from  Fitcliburgh,  -  .  _ 

Mills,  support  and  regulation  of,  additional  act. 
Militia,  act  for  establishing  their  pay  and  rations, 
additional  act  for  training  and  governing, 
additional  act  for  regulating  and  governing,     - 
additional  act  for  training,  &c.       -  -  - 

act  repealed  in  part  for  training.  Sec. 
Officers,  compensation  to  in  certain  cases, 
Military  Commissioners  appointed,       -  -  -  - 

additional  acts,       -  . 

Corps,  to  defend  the  state,  provided  for, 

act  repealed. 
Services,  supplies,  &c.  -  -  . 

Mill  Corporation,  Boston  and  Roxbury,  incorporated, 

..     Unity,  sluice  ways  incorporated,  -  -  - 

Millbury.  town  of,  incorporated,     -  -  -  -        . 

Miller's  River,  to  prevent  damage  to  bridges,  Sec.  over, 

repealed, 
Ministerial  Funds  in  Berkley,  trustees  of,  incorporated,    - 

East  Sudbury,       -  -  -  - 

Groton,  additional  act, 
Marlborough,  2d  parish,  trustees  of, 
York,  1st  parish,  trustees  of,  incorporated, 
Lands,  in  Buxton,  may  be  sold, 

Concord,  trustees  of  incorporated, 
Gorham,  additional  act, 
Livermore,  additional  act, 
Natick,  authorized  to  be  sold, 
and  School,  in  Norway,  may  be  sold, 
Standish,  may  be  sold,  additional  act. 
Strong,  may  be  sold,         -  -  - 

Sumner,  may  be  sold, 
Minors  protected  from  enlisting  in  the  army,  -  -  - 

Missionary,  Evangelical,  Society,  incorporated, 
Missions,  foreign,  American  Board  of  CommiS:.ioners  for, 


183, 


578, 


484 
13 
554 
628 
541 
559 
321 
685 
5 
350 

156 

197 

663 

245 

621 

185 

154 

681 

568 

195 

617 

566 

564 

68*  t'ti 

563 

682 

575 

645 

682 

520 

22 
234 
260 
371 
225 
647 
496 

25 
552 
391 
216 
165 
387 

32 
329 
228 
218 
126 
640 
454 

29 


INDEX.  709 

Monitor  Society,  Christian,  additional  act,               -            -            -  I41 

Monmouth,  annexed  in  purt  to  Winthrop,         -             _             _  237 

Monson  Woollen  Manufactory,       -----  593 

Mount  Vernon,  D.  MGaffey  and  others  annexed  to,    -             -  511 

Municipal  Court  in  Boston,  act  to  enlarge  iis  jurisdiction,               -  205 

Judge  to  certify  the  conviction  of  coun- 
terfeiters,      -            -            -  5S7 

Names  of  certain  Persons  changed,      38,  136,  150,  194,  295/536,  574,  669 

Nantucket,  Circuii  Couit  of  Conniion  Pleas  for,             -             -  495 

Pacific  Bank  incorporated,           -             -             -             -  89 

Narraguagns  and  Tunk  rivers,  fishery  in  regulated,       -             -  15 

Natick,  ministry  lands  in,  may  be  sold,         -             -             -             -  32 

Needham  and  Newton  to  have  engine  men,        -  -  -       10,  165 

Neponset  Cotton  Manufactory,         -             -             -             .             -  335 

New  Castle,  Methodist  Society  at,           -              -              -             -  663 

wharf  tliere  to  be  built,             .             -             -             -  285 

Newton  and  Needham  to  have  engine  men,        -  -  -       10,  165 

St.  Mary's  Church  there  incorporated,         .             .             _  290 

Newburyport,  an  additional  act  to  secure  from  fire,         -             -  1 1 

Marine  Society  of,      -.----  568 

Bank  uicorpoiuled,  -  -  _     109,  559 

Union  Marine  Fire  Insurance  Company  at,  to  sell,  625 

New-Ashford,  district  of.  additional  act,       .             -             .             .  622 

New-England  Bank  establislied,               -              -              _             -  270 

Newport,  town  of,  mcorporated,       -----  532 

Nickels  Stream,  fishery  in,  regulated,    -             -             -             -  17 

Nobscusset  Point-Pier  Company,     -----  406 

Northbridge  Cotton  Manufacturing  Company,                 -             -  490 

Cloth  Manufacturing  Company,             -              .             -  539 

Religious  Society  incorporated,     -               -             -  530 

Northborough  Manufacturing  Company,      -             -             -             -  333 

Northfield,  bridge  at,  over  Connecticut  River,  additiotial  act,     -  15 

Northampton  Bank,  additional  act,                 .             -             -             .  235 

Norway,  ministry  and  school  in  town  of,               -              -              -  309 

Number  four,  township  of,  annexed  wholly  to  Hancock  county,  7 

O 

Oakham,  Cotton  and  Woollen  Factory  at,                 •             =             -  601 
Offences  bailable,  act  respecting,             .             -             -             -  43 
Officers,  Militia,  compensation  to  in  certain  cases,                 -              -  688 
Overseers,-board  of.  of  Harvard  College  restored,          -             -  469 
Oxford  Biidge,  proprietors  of  incorporated,              -              -             -  34 
Central  Cotton  and  Woollen  Manufactory,          -             -  565 
county,  Cotton  and  Wool  Factory  Company  in,        -              -  152 
toun  of  Livermore  whfilly  annexed  to,                -  316 
Probate  Courts  in,  fixed,                  .             -             _  359 
times  fixed  for  holding  Circuit  Courts  of  Com- 
mon Pleas,     -----  490 

64 


710  1NDE5.. 

O.sford  County,  Second  Agricultural  Society,  -  -  -  415 

Court  of  Common  Pleas  and  Probate  in,  time  of,  590 

Judge  and  Register  of  Probate  for,  allowance  to,  448 


Pacific  Bank  at  Nantucket  incorporated,             -           •<-  -               65 

Palermo,  easterly  line  of  altered,                    -             -  -             -       182 

Palmer's  River  Manufacturing  Company,            .  -             -             236 

Paper,  the  packing  and  selling  of  regulated,              .  -              -       200 

Pai'is  Manufacturing  Company  incorpoiated,      -  .             -             489 

Parker,  EUsha  and  others,  annexed  to  Hailovvcll,     -  -             -       167 

Parker's  river,  to  remove  obstructions  from,       -  -             -              17f 

Parsonsficld,  Baptist  Society  at,        -             -             -  -             -       667 

Passagassawaukeag  River  at  Belfast,  bridge  over,  -             -             131 

Pawtucket  Manufacturing  Company,            -             .  -             -       178 

Bank  incorporated,                  .             -  _             .     499,  565 

Pay  of  Representatives,  manner  of  altered,               -  ,             -       253 

Pembroke  Cotton  and  Woollen  Manufactory,     -  -                           357 

Second  Cotton  and  Woollen  Factory  Company,  -       346 

taking  Alewives  at,  regulated,            -  -             -             630 

Penobscot  river  and  bay,  fish  in  preserved,  ...       393 

P.eiers,  St.  Church,  in  Salem,  supplementary  act,  -             -              187 

Perjury  and  subornation  of  perjury,  punishment  for,  -             -       2i7 

/Phillips,  School  Fund  establish;. d  there,               ,  _             -             4rs 

Academy  at  Andover,  additional  act,            -  -             -       373 

Phiilipslown,  town  of  Gerry  changed  to,              .  _             _             343 

Cotton  and  Woollen  Factory  at,            -  -             -       656 

P'riDsburgh,  town  of  incorporated,          -             -  -             r             314 

Pr.oeiiix  Bank  at  Nantucket  incorporated,     -             -  -             -         65 

Pihnage  in  the  port  of  Salem  regulated,              -  -              -              42'2 

Plantation,  twenty-five  mile  pond,  :>nncxcd  to  Unity,  -             -       W8 

Plymouth  Bank  incorporatetl,                   -             -  -             -              121 

Beach,  lottery  for  repairing,  additional  acts,  -              24,  603 

Woollen  and  Coiton  Factory  Company,  -             -             388 

Plympton  Wool  Factory,      -             -             -             -  -          ^  -       374 

Cotton  Factory,              -              -              -  -             -              191 

Poland,  town  of,  divided,  additional  act,         -             -  -             -       661 

Prison  Point  Dam  Corporation,  act  repealed  in  ])art,  -             -             476- 

Statc,  additional  acts  regulating,        -             -  -      ^.^273,  653- 

Probate  Courts  in  Hampshire  county,                  -  -            -         7,361 

..      in  Middlesex,           -             -             -  -             -       253 

in  Hampshire,    -             -             -  -             -             415 

Suprenic,  to  grant  appeals,               -  -             -         43 

Judge  of,  in  Cumberland,  allowance  to,  -             252 

in  Oxford  county,                 .             >  -             _       369 

Records  of,  in  Barnstable  county,  -             -             424 

Register  of,  in  Cumberland,  aiiowance  to,    -             -       517 

Prospect,  south  parish  in,  incorporated,                _  _             -             657 

Provinectown,  lobster  fishery  in  regulated,                -  -             -         39 

Public  sales  regulated,                 -             ...  -             533 

Punisliinents  for  certain  crimes  altered,       ...  -      206 


INDEX.  711 

Q. 

Quahaugs  in  Marshpee,  act  to  preserve  them,  -  -  283      » 

Quincy,  town  of,  additional  act  to  incorporate,  ...  9i|  ,-? 

R 

Raymond,  School  lands  in,  may  be  sold,       -  -  -  -  513 

Readfield  Cotton  and  Wool  Factory,  incorporated,  -  -  152 

Reading,  Eaton  Farms  set  off  from  first  parish  of,  -  -  -  301 

Real  estate,  evidence  to  be  given  of  sale  of,  by  admiaistrators  and 

others,  additional  act,  -  -  -  -         36 

additional  act  for  sales  of,  by  administrators,  &c.      -  569 

Records  of  lands  in  Hopkinlon  and  Upton,  to  be  removed,  -  116 

of  Probate  and  Deeds,  additional  act  to  keep,    -  -  348 

Courts,  in  Barnstable  county,    -  -  -  424 

Registers  of  Deeds,  county  of  Berkshire  divided  for,  additional  act,  155 

and  Judge  of  Probate,  in  Oxford  county,  allowance  to,  448 

of  Probate,  in  Cumberland,  allowance  to,  -  -  517 

Registry  of  Deeds,  Chester  to  belong  to  Hampden  county  for,  125 

new  diolJ  ict  far,  in  Hancock  county,       -  -  459 

Rchoboth,  Catholic  Church  in,  act  in  part  repealed  and  altered,  215 

Reporter,  in  Supreme  Judicial  (2ourt,  continued,      -  -  -  588 

Representatives  to  Congress,  districting  for  ciioice  of,  -  'i^^^^ 

towns  to  be  fined  for  sending  more  than  their  just 

number,  -----  206 

how  to  be  paid,  -  -  -  -  253 

to  Congrebs.  districts  for  choice  of,  additional  act,  616 

Reviews  and  Appeals,  act  further  to  regulate,  -  -  439 

River,  Connecticut,  an  act  to  regulate  the  taking  offish  in,         -  174 

Parkers  ana  Falls,  additional  act  for  removing  obstruction,  177 

Robinson,  Joseph,  set  oft"  to  Hardwick,         -  -  -  -  493 

Rochester,  Fishery  there  regulated,        -  -  -  .  599 

Rock  Bottom  Cotton  and  Wool  Factory,       -  -  -  -  61i 

Rowley,  proprietors  of  marsh  in,  to  have  a  Dike,  -  -  636 

Roxbury,  Gun  pov.der,  for  security  of,  in,  -  -  -  -  533 

Jason  Hartshorn  and  others   annexed  to  third  parish  of,  1^9 

Royalston  Cotton  and  Wool  Manufacturing  Company,  incorporated,  184 


Sacarappa  Grammar  School,  incorporated,                -            -            -  623 

Saco  Bank  incorporated,              -             -             -             -             -  117 

..    Cotton  and  \VooI  Factory  Company,  incorpoi-ated,       -             -  160 

..    river.  Bridge  over,  at  Fryeburgh,  to  be  built,          -             -  457 

Saiem  Bank  hicorporated,    ------  63 

Bridge  over,  South  river,  additional  act,  -             -            -  599 

St.  Peters  Church  at,  adclit}Qi;aI  act  respecting,         -             -  187 

Pilotage  for  port  of,  regulated,     -             -             -             -  423 

Salmon,  Shad  and  Alcwives,  catching;  of,  in  iMerrimack  river,  regu- 
lated, additional  act,             -             -             -             -            -  156 

/Sandwich,  Calyiuistic  Society  at,  established,            ...  445 


71S  INDEX. 

Sanc^erville,  town  of,  incorporated,          -             -             _  .             504. 
Sau.a;us,  town  of,  incorporated,           -              -              -              -  -       611 
School  houses,  additional  act  for  repairing,          -             -  -             646 
and  Ministry,  in  town  of  Norway,  support  of,             -  -       529 
Fund  for  support  of,  in  Pliiilips.                .             -  -             473 
Fund  of  Connecticut,  security  of  its  real  estate  in  this  Com- 
monwealth,              -             -             .             _  .             224 
Lands,  in  Blue  Hill,  may  be  sold,                   -             -  -       SUl 
Free,  in  Hancock  county,  established,                    -  -              450 
Maine  Charity,  in  county  of  Haiicock,           ...       420 
Fund,  in  Wilton,  Trustees  of,  incorporated,         -  -              144 
Lands,  in  Raymond,  may  be  sold,     -              -              -  -        513 
Scituate,  Universaiist  Society  in,  incorporated,                 -  -               21 
Sebasticook  river,  Bridge  over,  additional  act,           -             -  _       420 
Fishery  in,  regulated,               -              -  -              556 
Secretary  to  appoint  a  deputy,  in  certain  cases,         -              -  ■       279 
Selectmen  of  Newton  and  Needham  to  appoint  engine  men,  -                IG 
Senators,  districts  for  choice  ot,  act  repealed,            _             .  _       295 

established,        -             -  -             409 

Sheffield,  Episcopal  Society  in,  incorporated,             -             -  -       395 

Sepulchres  of  the  dead  protected,            _             _             -  .             ^84 

Sheriffs,  act  for  limiiing  the  tenure  of  their  office,  repealed,  -  -       283 

additional  act,  defining  the  duties  and  powers  of,  -             462 

Shipwrecked  goods,  to  be  preserved  for  the  owners,              -  -       672 

Smith,  H.  and  others,  annexed  to  Industry,              -          -  -              282 

Society,  Universalist,  at  Scituate,  incor])oiated,         -              -  -          21 

,.        First  Bnptist.  at  Framingham,  established,         -  -                37 

Christian,  Universal,  in  Brunswick,                 -  -        140 

Evangelical  Missionary,  incorporated,                 -  -              454 

Germfin  Protestant,  in  Waldoboiough,  may  sell  lands,         -       358 

Free  Christian,  in  Berkley,  incorporated,            -  -              482 

Protestant  Methodist,  at  Alna,          -              -              .  _       663 

Christian  Monitor,  additional  act,            -              -  -              141 

Third  Religious,  in  Dorchester,  ir.corpornted,          -  -       664 

Religious  Charitable,  in  Worcester  cour.ty,       -  -             351 

at  Northbridge                  ,              .              -  -       53O 

First  Baptist  Calvinistic,  at  Parsonsfield,            -  -             667 

Universalist  Religious,  at  Warwick,            -              -  .       425 

American  Antiquarian,  incorporated,                    -  -              142 

Union  Religious,  at  Augu!-ta,  and  Hallowell,          -  -       508 

First  Bap.ist,  in  Wilton,  incorporated,                 -  -              239 

Medical  Botanical,  in  Berkshire,                   -              -  -        619 

First  Baptist,  at  Blue  Hill,  incorporated,            -  -              180 

Easton,  Methodist,  incorpoiated,                   -              -  -        197 

First  Baptist,  at  Harrington  and  Steuben,           -  -             3'i8 

..    Catholic  Congregational  Church  and,  at  Rehobolh,  altered  in  part,  214 

Calvinistic,  at  Sandwich,             -              _              .  >              445 

Third  Congregational,  in  Portland,  ar.ne::ed  to  Chapel  Society,    377 

Chapei,  Congregational,  in  Portland,  incorporated,  -              137 

Episcopal,  in  Sheffield,  incorporated,           -             -  -       395 

:.           of  St.  Andrew's,  at  Hanover,  incorporated,  -             679 

of  St.  Mary's,  incorporated,       -             ..  -       290 


INDEX. 


713 


Somerset  county,Circnit  Court  of  Common  Pleas  in,  times  for,  altered,      638 

and  Kcunebcck,  part  of  linc  between,  altered,       -  -       179 

South  Berwick,  town  of,  incorporated,    -              -              -              -  359 

Springfield  Manufactory,  established,             .              -              -  -       562 

Stables,  public,  building  of,  regulated,                               -             -  571 

repealed,           -            _             _  -       659 

Standish,  ministerial  lands  in,  may  be  sold,         .             .             -  228 
St.  Albans,  town  of,  i.icorporated,     -----       259 

State  Prison,  additional  acts  for  regulating,         -             -             -  273,  658 

Steel,  Eagle,  company,  incorporated,            -             -             -  -        179 

Steep  Brook  Cotton  and  Woollen  Factory,          -             -             -  618 

Sieuben  and  Harrington,  Baptist  Society  at,              -             -  -       3i8 

Sti)ckbridge  Cotton  and  Woollen  Factory,           -             -             -  614 

Sioughion  Manufacturing  Company,             _             -             _  -       588 

Stow  Cotton  Manufactory,           -----  589 

Stroudwater,  town  of,  i\icorporated,  ....       367 

name  altered,         .             .             .             .  491 

Strong,  Trustees  of  Ministry  and  School  lands  in,     .             .  .218 

Sturbridge  Manufacturing  Company  incorporated,           .             .  133 

Swanzey  Union  Manufacturing  Company,                  .             •  .       376 

Suits  in  behalf  of  Commonwealth  regulated,       .             .              .  452 

Suflolk  county,  Boston  Court  of  Common  Pleas  for,  established,  .       445 

SuHVage,  rights  of,  secured,                .              •              .              .  296,  297 

Sullivan,  J.  L.  his  patent  tow  steam  boats  on  Connecticut  River,  595 

Sumner,  ministry  lar>ds  in,  may  be  sold,        .             .              .  .126 

Surgeons,  appointment  of,  in  ceitain  cases,          .              .             .  571 
Sutton,  town  of,  divided,         ......       254 

Sweden,  town  of,  incorporated,                 .             .             .             •  181 


Taunton  River,  dam  across  to  be  built,  -  -  - 

and  Dighton  Turnpike  Corporation  established,     - 
Bank  iiicorporaied,        -  -  -  -  - 

Tax  imposed  upon  Banks     -  -  -  -  - 

Taxes,  couiity,  how  to  be  apportioned  for  1814, 

in  Marblehead,  act  to  regulate  the  collection  of, 

Ten  Mile  Canal  Corporation  established,  _  -  - 

Toll  for  Conncciicut  River  Bridge  regulated. 

Tools,  entrcnchihg,  belonging  to  the  state,  how  to  be  preserved, 

Town  meetings  in  Da.ivers,  act  to  regulate,  repealed  in  part, 

of  Belmont  incorporated,  .  -  -  - 

of  Bloomfield  incorporated,  _  -  - 

of  Freedom  incorporated,  -.  -  -  - 

of  Heimou  incorporated,        -  -  -  - 

of  Lievant  incorporated,  -  -  -  - 

of  Lynnfield  incorporated,      _  -  -  - 

of  Millbuiy  incorpotated,  -  -  -  - 

of  Newport  incorporated,      -  -  -  - 

ot  Phillipstown  incorporated,        -  •- 

of  Phipsliuigh  incorporated,      '         - 

of  Quincy,  additional  act.  .  -  .  , 


267 
207 
105 
45,  462 
512 
570 
189 
394 
573 
174 
343 
341 
247 

-  ,515 

251 

463 

^    234 

-  530 
343 

-  314 
358 


^iq,  INDEX. 

Town  of  Sangervillc  incorporated,                .             -             _  -      504 

of  Saiigus  incorporated.                 -             -             -     '  -             611 

of  Scarsnioiit  incorporated,                  -             -             -  -       340 

of  Soutli  Berwick  incorporated,                 ...  359 

of  St.  Albans  incorporated,                 ...  -       259 

of  Siroudwater  incorporated,        ■             -             -  -             367 

of  Sv^eden  incorporated,         -             -             -             -  -       181 

of  Wtl/ini';ton  incorporated,          -             -             -  -             48 T 

of  Wesiiirook  incorporated,                -             -             -  -       491 

of  Woodstock  incorporated,         -             .             -  -             592 

Towns  to  bir  fiitd  for  sending  too  many  Representatives,  -       206 

Townsnip  No  4,  in  sixth  range,  to  belong  wholly  to  Hancock  county,       7 

No.  4,  in  fourth  range,  annexed  to  Somerset  couniy,        -       157 

Treasurer  and  Collector  in  Boston,  how  appointed,         -  -             292 

Treasurers,  county,  time  of  service  not  limited,       -             -  -       660 

Tioy  Cfjtton  and  Woollen  Manufactory,              -             -  .             402 

Truio,  pa't  of,  set  off  to  Provincetovvn,       -             -             -  -       250 

Trustees  of  ministry  lands  in  Berkley  incorporated,       -  -             225 

of   Boyhton  Charitable  Donation,               -             _  -       434 

of  Ministerial  Funds  in  Groton,           .             -  -             496 

in  York.        -             -             -  -       552 

in  second  parish  of  Marlboro'  25 

of  Andover  Academy,  additional  act,         >             ~  -       373 

of  St.  Andrews  Church  at  Hanover,                  -  -             679 

of  Academy  in  Gorham,  additional  act,     -             -  -       165 

of  ministry  lands  in  Natick,                    >             ,  -               33 

of  School  Fund  in  Wilton,              -             -             -  -       144 

of  Congregational  ministerial  fund  in  Concord,  -             216 

of  miiustry  and  school  lands  in  Strong,      -             -  218 

Turnpike  Corporations,  their  duties  and  powers  defined,  -             ■417' 

their  general  powers,  additional  act,  -       685 

Corporation,  Hartford  and  Dedham,  additional  act,  1 62 

Taunton  and  Dighton  established,  -             207 

first  Massachusetts,  additional  rxt,  -       265 

third  Massachusetts,  additional  act,  -             34 1 

name  of,  altered,  -       480 

,i             Wrcntham  and   Atllcborough,  -             539 

Ciranville  and  Tolland,          _             .  -       503 

Brookfield  and  Charlton,  additional  act,  187 

tenth  Massachusetts,  additional  act,  -       518 

Woburn,  time  extended  for  making,  -             688 

Twenty-five  Mile  Pond  Plantation  annexed  to  Unity,            -  -       168 

Tyngsboro'  and  Dunstable,  line  between  fixed,                -  -            492 

U 

Universal  Christian  Society  in  Brunswick,                -             -  -       140 

Universalist  Society  at  Scituate  incorporated,                   -  "               21 

Religious  Society  at  Warwick,              .             -  -       425 

Union  Bank  incorporated,            -----  62 

Cotton  Factory  at  Monson,    -             -             -             -  -       650 

Manufaciuring  Company  at  Walpole,      -            -  -            233 


INDEX. 


yiy 


Union,  Farmers'  Colton  and  Wool  Factory  at, 
..     Religious  Society  at  Augusta,  and  Hallowell, 
River  and  Bay,  act  to  preserve  fish  in, 
Unity,  twenty -five  mile  pond  plantation  annexed  to, 

Mill  Sluice  Ways,  proprietors  of  incorporated, 
Upton  and  Hopkinton,  records  of  lands  in,  to  be  removed, 


644 
508 
633 
166 
22 
166 


Vendue,  public,  goods  sold  at,  regulated, 

Vienna  and  Chesterville,  line  between,  established, 

John  Gilbreath  arid  ot'uers  awncxed  to. 
Village,  North,  Coiton  Factory,  in  Adams, 

Adams,  South,  Manufacturing  Company, 
Cotton,  Wool,  and  Linen  Manufacturing  Company,     . 
Aqueduct,  at  Falmouth,  incorporated, 
Voters  for  town  officers,  governor,  Sec  ... 

Assessors,  to  make  out  a  list  of,  in  February, 
Fine  for  giving  mo?e  than  one  vote, 
Unqualified,  io  be  fined  for  voting. 
Penalty  for  deceiving  assessors  respecting. 
Fine  against  assessors,  for  improper  conduct  respecting, 

-4 

w 


533 
155 
616 
356 
403 
8,  639 
20 
296 
296 
29r 
29r 
297 
298 


Waldoborough,  lands  of  German  Protestant  Society  in,  may  be  sold,        35& 

Walomopogge  Manufacturing  Company  established,         -  -         375 

AValpole  Manufacturing  Companies  established,           -  -       233,413 

Waltham  Cotton  and  Wool  Factory,           -             -             -  -         146 

War,  Board  of,  to  be  appointed,             »             .             _  -               682 

Warren,  Ichabod,  and  1.  Warren  jun.  annexed  to  Denmark,  -         175 

Warwick,  Universahst  Society  at,         -             -             -  -               425 

Washington  Hall  Association,  in  Charlestown,       .             -  -         293 

County,  Court  of  Common  Pleas  and  Sessions  altered,        5 1 1 

Sessions  in,  altered,        -  -               229 

Waterville  Bank  incorporated,       -----         363 

..     additional  act,               -              -              -  -                601 

Benjamin  Corson  and  others  annexed  to,          -  -         620 

Watcriown,  Woollen  Manufactory  at,  -             -             -  -               417 

Cotton  Manufactory  at,             -             -             -  -         589 

Wellfleet,  act  to  preserve  shell  fish  in,               .             -  -               345 

Manufacturing  Company,           -             -             -  -         595 

Wellington,  town  of,  incorporated,        .             .             -  -               437 

Cotton  Mill  Company,  established,     -              -  -         56 i 

Westbrook,  town  of,  incorporated,         -             -             -  -                491 

Westfield  Manufacturing  Company  incorporated,                -  -             G 

Westport,  Cotton  Manufactory  at,         -             -             -  -               635 

West-Springfi  id,  A.  Leonard  and  others,  annexed  to,       -  -         239 

W^eymouth  and  Braintree,  to  appoint  engine  men,         -  -                130 

Wharf,  at  New  Castle  to  be  built,               .             .             -  -         2S5 

Central,  and  'Wet  Dock  Corporation,  -  -  ei^ 
Williams  George,  and  others,  ant^cxed  to  Middleborough  precinct,         (jsj 


yi6 


INDEX. 


Wilton  School  Fund,  trustees  of,  incorporated, 

First  Baptist  Society  in.  incorporated, 
Wing,  Nathaniel,  annexed  to  Halloweil,     - 
AVingate,  Joseph,  jun.  annexed  to  HaUowell,    - 
Winslow,  part  of  the  town  of,  set  off  to  Harlem, 

Bridge  at,  additional  act  for, 
Winthrop,  part  of  Monmouth  annexed  to, 
Wiscasset  Bank  incorporated. 

Marine  Insurance  Company, 
Woburn  Turnpike,  time  extended, 
Woodstock,  town  of,  incorporated, 
Worcester  county,  religious  society  in, 

Baiik  incorporated, 
Worthington  Turnpike  Corporation,     - 
Wrentham,  Stony  Brook  Manufactory  at. 

Manufacturing  Company  at,  of  cotton  and  wool, 
and  Attleboro'  Turnpike, 
Wire  Factory  Company,  at  Meoford,  establislied, 

additional  act, 
..     Manufacturing  Company,  at  Lynn, 


144 
239 
264 
510 
158 
420 
23r 
101 

241,  449 
688 
592 
351 

54  «* 
480 

•  414 
9 
539 
23S 
484 
354 


York  county.  Court  of  Sessions  in,  times  of,  fixed, 
..    Trustees  of  Ministry  Funds,  in  first  parish, 


535 
552 


KND  OF  VOLUME  VI - 


^^7    W3?    W\^^ 


'Mi 


^^ 


■ '■"":'il!!i!'!:!1ii;illil 


mw 


J